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IMMI 13/063 Specifications as made
This specification operates to provide forms and fees for visa applicants relating to the Subclass 457 (Temporary Work (Skilled)) visa. It also operates to provide for applicants, who are about to become unlawful, an alternative method of lodgment should the elodgment system be temporarily unavailable. It also provides for clients whose application is being blocked by an unforeseen business rule in the department’s elodgment system having an alternative method of lodgment.
Administered by: Immigration and Border Protection
Made 28 Jun 2013
Registered 28 Jun 2013
Tabled HR 12 Nov 2013
Tabled Senate 12 Nov 2013

 


Commonwealth of Australia

Migration Regulations 1994

 

FORMS, FEES, CIRCUMSTANCES AND DIFFERENT WAY OF MAKING AN APPLICATION

 

(Paragraphs 2.61(3A)(b), 2.61(3A)(c), 2.61(3B), subregulations 2.66(3), 2.66(4), 2.66(5), 2.73(3), 2.73(5) and 2.73(9), and paragraphs 1223A(1)(bb), 1223A(1)(b), 1223A(1)(ba) and 1223A(1)(bc))

 

 

I, BRENDAN O’CONNOR, Minister for Immigration and Citizenship, acting under paragraphs 2.61(3A)(b), 2.61(3A)(c), 2.61(3B), subregulations 2.66(3), 2.66(4), 2.66(5), 2.73(3), 2.73(5) and 2.73(9), and paragraphs 1223A(1)(bb), 1223A(1)(b), 1223A(1)(ba) and 1223A(1)(bc)of the Migration Regulations 1994 (‘the Regulations’) hereby:

 

1.         SPECIFY for the purpose of paragraph 2.61(3A)(b) and subregulation 2.66(3) the form to be used is 1196 (Internet);

 

2.         SPECIFY for the purpose of paragraph 2.61(3A)(c) and subregulation 2.66(4) the applicable fee is AUD 420;

 

3.         SPECIFY for the purpose of subregulation 2.73(3) the approved form is 1196 (Internet);

 

4.         SPECIFY for the purpose of subregulation 2.73(5) the applicable fee is AUD 330;

 

5.         SPECIFY for the purpose of paragraph 1223A(1)(b) the form to be used is 1066 (Internet);

 

6.         SPECIFY for the purpose of paragraph 1223A(1)(bb) the form to be used is 1066S (Internet);

 

7.         SPECIFY for the purpose of paragraph 2.61(3B)(a), subregulations 2.66(5)(a) and 2.73(9)(a) and paragraphs 1223A(1)(ba) and 1223A(1)(bc) the following circumstances:

 

(a)        electronic lodgement is prevented by the Department of Immigration and Citizenship’s systems; and

 


(i)         electronic lodgement of the application is not prevented by the Migration Act 1958 or Migration Regulations 1994; and

 

(ii)        the problem has been identified by the Department of Immigration and

Citizenship; and

 

(iii)       the expected time for the problem to be rectified will fall outside of the Department of Immigration and Citizenship’s business hours; and  

 

(iv)       the visa applicant will become unlawful before the Department of Immigration and Citizenship’s next business day commences; and

 

(v)        written authorisation and a copy of the form to be completed by the applicant is provided with the authorisation by the Department of Immigration and Citizenship; or

 

(b)        electronic lodgement is prevented by the Department of Immigration and Citizenship’s systems; and

 

(i)         electronic lodgement of the application is not prevented by the Migration Act 1958 or Migration Regulations 1994; and

 

(ii)        the problem is unable to be rectified by the Department of Immigration and Citizenship; and

 

(iii)       written authorisation and a copy of the relevant form to be completed by the applicant is provided with the authorisation by the Department of Immigration and Citizenship.

 

8.                  SPECIFY for the purpose of paragraphs 2.61(3B)(a), 2.61(3B)(b), subregulations  2.66(5)(a), 2.66(5)(b) and 2.73(9)(a), 2.73(9)(b) and paragraphs 1223A(1)(ba) and 1223A(1)(bc) the following different way of making an application or nomination:

 

(a)        be made on the form provided with the written authorisation; and

 

(b)        include the name and position number of the authorising officer; and be emailed to e457.Manual.Lodgement@immi.gov.au with a copy of the authorising email, before midnight (AEST or AEDST when applicable) on the day following the date on which the authorising email was sent by (the authorised officer of) the Department.

 

 


 

 

This Instrument number IMMI 13/063 commences on 1 July 2013, immediately after commencement of the Migration Legislation Amendment Regulation 2013 (No. 3).

                                               

 

Dated June 28 2013

 

 

Brendan O’Connor

                                           Minister for Immigration and Citizenship