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Arrangements for Child Visa Applications 2016/051

Authoritative Version
IMMI 16/051 Specifications as amended, taking into account amendments up to Migration (LIN 20/049: Arrangements for child visa applications) Amendment Instrument 2020
Administered by: Home Affairs
Registered 08 May 2020
Start Date 01 Apr 2020

Commonwealth Coat of Arms

ARRANGEMENTS FOR CHILD VISA APPLICATIONS 2016/051

made under Subregulation 2.07(5), Items 1108, 1108A and 1211 of the

Migration Regulations 1994

Compilation No. 1

Compilation date:                              1 April 2020

Includes amendments up to:            F2020L00349

 

About this compilation

 

This compilation

This is a compilation of the Arrangements for Child Visa applications 2016/051 that shows the text of the law as amended and in force on 1 April 2020 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.



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:

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.

Form, place and manner for making an application

For a class of visa mentioned in column 1 of an item of the following table, for the provision of Schedule 1 to the Regulations mentioned in column 2 of the item, the form mentioned in column 3 is specified and the place and manner mentioned in column 4 for making an application is specified.

 

Item

Column 1

Column 2

Column 3

Column 4

Class of visa

Provision of Schedule 1 of the Regulations

Form

Place and manner

1

Child (Migrant) (Class AH)

 

Subclass 101 (Child)

Subclass 102 (Adoption)

Subclass 117 (Orphan Relative)

Item 1108

47CH

Application must be:

(a)  posted to (with correct pre-paid postage):

Department of Home Affairs Child and Other Family Processing Centre,

Locked Bag 7

NORTHBRIDGE WA 6865 AUSTRALIA; or

(b)  delivered by courier service to:

Department of Home Affairs Child and Other Family Processing Centre,

Wellington Central,

836 Wellington Street

WEST PERTH WA 6005 AUSTRALIA.

2

Child (Residence) (Class BT)

 

Subclass 802 (Child)

Subclass 837 (Orphan Relative)

Item 1108A

47CH

Application must be:

(a)  posted to (with correct pre-paid postage):

Department of Home Affairs Child and Other Family Processing Centre,

Locked Bag 7

NORTHBRIDGE WA 6865 AUSTRALIA; or

(b)  delivered by courier service to:

Department of Home Affairs Child and Other Family Processing Centre,

Wellington Central,

 836 Wellington Street

WEST PERTH WA 6005 AUSTRALIA.

3

Extended Eligibility (Temporary)

 (Class TK)

 

Subclass 445 (Dependent Child)

 

Item  1211

918

Application must be:

(a)  posted to (with correct pre-paid postage):

Department of Home Affairs Child and Other Family Processing Centre,

Locked Bag 7

NORTHBRIDGE WA 6865 AUSTRALIA; or

(b)  delivered by courier service to:

Department of Home Affairs Child and Other Family Processing Centre,

Wellington Central,

836 Wellington Street

WEST PERTH WA 6005 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.

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

 

 

 


Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history. 

Endnote 2—Abbreviation key

 

o = order(s)

ad = added or inserted

Ord = Ordinance

am = amended

orig = original

amdt = amendment

par = paragraph(s)/subparagraph(s)

c = clause(s)

    /sub‑subparagraph(s)

C[x] = Compilation No. x

pres = present

Ch = Chapter(s)

prev = previous

def = definition(s)

(prev…) = previously

Dict = Dictionary

Pt = Part(s)

disallowed = disallowed by Parliament

r = regulation(s)/rule(s)

Div = Division(s)

 

exp = expires/expired or ceases/ceased to have

reloc = relocated

    effect

renum = renumbered

F = Federal Register of Legislation

rep = repealed

gaz = gazette

rs = repealed and substituted

LA = Legislation Act 2003

s = section(s)/subsection(s)

LIA = Legislative Instruments Act 2003

Sch = Schedule(s)

(md) = misdescribed amendment can be given

Sdiv = Subdivision(s)

    effect

SLI = Select Legislative Instrument

(md not incorp) = misdescribed amendment

SR = Statutory Rules

    cannot be given effect

Sub‑Ch = Sub‑Chapter(s)

mod = modified/modification

SubPt = Subpart(s)

No. = Number(s)

underlining = whole or part not

 

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

ARRANGEMENTS FOR CHILD VISA APPLICATIONS 2016/051

5 September 2016

(F2016L01389)

6 September 2016

 

Migration (LIN 20/049: Arrangements for child visa applications) Amendment Instrument 2020

30 March 2020

(F2020L00349)

1 April 2020 (s 2)

 

Endnote 4—Amendment history

 

Provision affected

How affected

s 1

rep LA 48C

s 4 and 5

am F2020L00349