Federal Register of Legislation - Australian Government

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IMMI 12/094 Specifications as made
This instrument operates to specify applicants for an onshore Partner or Parent visa, whose visa application has not been finally determined, as a class of persons for the purposes of paragraphs 010.611(1)(c) and 020.611(1)(b).
Administered by: Immigration and Border Protection
Made 09 Nov 2012
Registered 22 Nov 2012
Tabled HR 26 Nov 2012
Tabled Senate 26 Nov 2012

EXPLANATORY STATEMENT

 

Migration Regulations 1994

 

CLASS OF PERSONS

(Paragraphs 010.611(1)(c) and 020.611(1)(b))

 

1.             This Instrument is made under paragraphs 010.611(1)(c) and 020.611(1)(b) of Schedule 2 to the Migration Regulations 1994 (‘the Regulations’).

2.       Paragraphs 010.611(1)(c) and 020.611(1)(b) of Schedule 2 to the Migration Regulations 1994 provide that the Minister may specify, in an Instrument in writing, the classes of persons for whom an associated Bridging A visa or a Bridging B visa is to be granted with nil visa conditions.  The application of nil conditions provides the visa holder with unlimited permission to work when the Bridging visa is in effect.

3.       The purpose of this Instrument is to specify applicants for an onshore Partner or Parent visa, whose visa application has not been finally determined, as a class of persons for the purposes of Paragraphs 010.611(1)(c) and 020.611(1)(b).

Specifically, onshore Partner and Parent visas include the following visa subclasses:

(a)           Partner (Subclass 820);

(b)          Partner (Subclass 801);

(c)           Aged Parent (Subclass 804);

(d)          Contributory Aged Parent Temporary (Subclass 884); and

(e)           Contributory Aged Parent (Subclass 864).

4.       The benefits of this instrument will be:

(a)                    Improvement of client service delivery outcomes by reducing the volume of Bridging visa permission to work application assessments.

(b)                    Improvement of settlement outcomes and increased skill retention for prospective migrants.

5.             The Instrument does not affect the arrangements for the visa conditions imposed on Bridging Visa A or Bridging Visa B holders prescribed in the remaining subclauses of paragraphs 010.611 and 020.611.

6.             Consultation was not necessary as, under section 18(1) of the Legislative Instruments Act 2003, the Instrument is of a minor or machinery nature and does not substantially alter existing arrangements.

7.                  The Office of Best Practice Regulation has advised that a Regulation Impact Statement is not required (OBPR Reference 14141).

8.                  Under section 44 of the Legislative Instruments Act 2003, the Instrument is exempt from disallowance and therefore a Human Rights Statement of Compatibility is not required.

9.                  The Instrument, IMMI 12/094, commences on 24 November 2012.