IMMI 2016/051

Compilation no. 3

Compilation date 5 March 2022

This compilation was prepared by the Department of Home Affairs on 5 March 2022 taking into account amendments up to Migration (Arrangements for Child visas) Amendment Instrument (LIN 22/017) 2022.

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.

4 Form, place and manner for making an application

  For the item of Schedule 1 to the Regulations and the class of visa mentioned in an item of the following table, an application for a visa must be made using the form, and in the place and manner specified for the item.

Note 1 Paragraph 2.10(2)(a) of the Regulations provides that if an application for a visa is made outside Australia, it must be made in accordance with the requirements of Division 2.2 or the item in Schedule 1 of the Regulations that relates to that visa, about where to make the application.

Note 2 Paragraph 2.10(2)(b) of the Regulations provides that where there are no requirements of that kind, the application must be made at a diplomatic, consular or migration office maintained by or on behalf of the Commonwealth 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

Notes

This compilation comprises Arrangements for Child Visa Applications 2016/051 amended as indicated in the following tables.

Table of instruments

Table of amendments