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Arrangements for Child Visa Applications 2016/051

Authoritative Version
  • - F2016L01389
  • In force - Superseded Version
  • View Series
IMMI 16/051 Specifications as made
This instrument specifies that an application for a Subclass 102 (Adoption) visa and a Subclass 802 (Child) visa under paragraph 1108A(3)(f) of Schedule 1 to the Regulations or paragraph 1108(3)(c) of Schedule 1 to the Regulations, cannot be a valid application if the applicant is claiming to have been adopted in the specified overseas country(ies) at the specified particular time(s). It also specifies the form, manner and place for making a valid application.
Administered by: Home Affairs
Registered 05 Sep 2016
Tabling HistoryDate
Tabled HR12-Sep-2016
Tabled Senate12-Sep-2016


Commonwealth of Australia

Migration Regulations 1994

ARRANGEMENTS FOR CHILD VISA APPLICATIONS 2016/051

(Subregulation 2.07(5), Items 1108, 1108A and 1211)

I, ALEX HAWKE, Assistant Minister for Immigration and Border Protection, acting under subregulation 2.07(5) of the Migration Regulations 1994 (the Regulations) for items 1108 Child (Migrant)(Class AH) , 1108A Child (Residence) (Class BT) and 1211 Extended Eligibility (Temporary) (Class TK) of Schedule 1 to the Regulations:

1.             REVOKE Instrument IMMI 15/136 (F2015L01963), Arrangements for Child Visa Applications 2015, signed on 10 December 2015; and

2.             SPECIFY that an application for a Child (Migrant)(Class AH) visa is not a valid visa application if the applicant seeks to meet the requirements in subclause 102.211(2) of Schedule 2 to the Regulations and by claiming to have been adopted in an overseas country at a particular time; and

a.              for the purposes of subparagraph 1108(3)(c)(ii) of Schedule 1 to the Regulations, the country listed in Column A of the table in the Schedule to this Instrument; and

b.             for the purposes of subparagraph 1108(3)(c)(iii) of Schedule 1 to the Regulations, the period specified in Column B of this Instrument in relation to the country, is the time referred to in paragraph 2 of the Instrument.

3.             SPECIFY that an application for a Child (Residence)(Class BT) visa is not a valid visa application if the applicant seeks to meet the requirements in subclause 802.213(5) of Schedule 2 to the Regulations and by claiming to have been adopted in an overseas country at a particular time; and

a.              for the purposes of subparagraph 1108A(3)(f)(ii) of Schedule 1 to the Regulations, the country listed in Column A of the table in the Schedule to this Instrument; and

b.             for the purposes of subparagraph 1108A(3)(f)(iii) of Schedule 1 to the Regulations, the period specified in Column B of this Instrument in relation to the country, is the time referred to in paragraph 3 of the Instrument.

4.             SPECIFY, under subregulation 2.07(5) of the Regulations, for the purposes of:

a.              subitems 1108(1) and 1108A(1) of Schedule 1 to the Regulations, the approved form listed in following table; and

b.             paragraphs 1108(3)(a) and 1108A(3)(a) of Schedule 1 to the Regulations, the place and the manner in which an application must be made listed in the following table:

Item and Visa

Form

Place and Manner

Item 1108
Child (Migrant) (Class AH)

Subclass 101 (Child)

Subclass 102 (Adoption)

Subclass 117 (Orphan Relative)

47CH

Application must be made outside Australia in accordance with the requirements set out in subregulation 2.10(2) of Part 2 of the Regulations.

Item 1108A
Child (Residence) (Class BT)

Subclass 802 (Child)

Subclass 837 (Orphan Relative)

47CH

a)     Application must be made in Australia but not in immigration clearance:

b)    Application must be made by:

           i)         posting the application (with correct  pre-paid postage) to:

Department of Immigration and Border Protection
Locked Bag 7
NORTHBRIDGE WA 6865
AUSTRALIA; or

         ii)         having the application delivered by courier service to:

Department of Immigration and Border Protection
Wellington Central
836 Wellington Street
WEST PERTH WA 6005
AUSTRALIA.

5.             SPECIFY, under subregulation 2.07(5) of the Regulations, for the purposes of:

a.              subitem 1211(1) of Schedule 1 to the Regulations, the approved form listed in following table; and

b.             paragraph 1211(3)(a) of Schedule 1 to the Regulations, the place and the manner in which an application must be made listed in the following table:


 

Item and Visa

Form

Place and Manner

Item  1211
Extended Eligibility (Temporary)
(Class TK)

Subclass 445 (Dependent Child)

 

918

a)     Application by the dependent child of a holder of a visa of Subclass 309, 310, 445, 820, or 826 in Australia must be made by:

        i)            posting the application (with correct  pre-paid postage) to:

Department of Immigration and Border Protection
Locked Bag 7
NORTHBRIDGE WA 6865
AUSTRALIA; or

         ii)         having the application delivered by courier service to:

Department of Immigration and Border Protection
Wellington Central
836 Wellington Street
WEST PERTH WA 6005
AUSTRALIA.

b)    Application by the dependent child of a holder of a visa of Subclass 309, 310, 445, 820 or 826 outside Australia must be made outside Australia.

This Instrument, Arrangements for Child Visa Applications 2016/051, IMMI 16/051, commences the day after it is registered on the Federal Register of Legislation

Dated: 1 September 2016

Alex Hawke

THE HON ALEX HAWKE MP

Assistant Minister for Immigration and Border Protection


SCHEDULE

Column A

COUNTRY

Column B

SPECIFIED PERIOD

Pakistan

No limitation on time period