Migration (LIN 19/058: Arrangements for special category visa applications) Instrument 2019
I, Drew Layton, Delegate of the Minister for Immigration, Citizenship and Multicultural Affairs, make the following instrument.
Dated: 15 March 2019
Drew Layton
Drew Layton
Acting Senior Executive Service, Band One
Visa Delivery Transformation Division
Delegate of the Minister for Immigration, Citizenship and Multicultural Affairs
Contents
Part 1—Preliminary
1 Name
2 Commencement
3 Authority
4 Schedules
5 Definitions
Part 2 — Arrangements for special category visa applications
6 Approved form
7 Place and manner an application must be made
Schedule 1—Repeals
ARRANGEMENTS FOR SPECIAL CATEGORY VISA APPLICATIONS 2015 (IMMI 15/039) (F2015L00560)
(1) This instrument is the Migration (LIN 19/058: Arrangements for special category visa applications) Instrument 2019.
(2) This instrument may be cited as LIN 19/058.
This instrument commences on the day after the instrument is registered on the Federal Register of Legislation.
This instrument is made under subregulation 2.07(5) of the Regulations.
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Note: A number of expressions used in this instrument are defined in subsection 5(1) of the Act, including the following:
(a) approved form;
(b) authorised system;
(c) in immigration clearance;
(d) visa;
(e) visa applicant.
In this instrument:
Act means the Migration Act 1958.
Regulations means the Migration Regulations 1994.
SPV means special purpose visa.
Part 2 — Arrangements for special category visa applications
(1) For the purposes of subitem 1219(1) of Schedule 1 to the Regulations, the approved form, Form 15 (electronic or paper), is specified, subject to subsection (2).
(2) If the application is made using an authorised system, a form is not required.
7 Place and manner an application must be made
For the purposes of paragraph 1219(3)(a) of Schedule 1 to the Regulations, an application by an applicant specified in Column A, must be made at the place specified in Column B for the relevant subparagraph, and in the manner specified in Column C of an item in the table.
Item | Column A | Column B
Place | Column C
Manner |
1 | Where the applicant holds a Special Purpose Visa | As specified in subparagraphs 1219(3)(aa)(i) or 1219(3)(aa)(ii) of the Regulations. | Applications must be made on: (a) Paper Form 15; or (b) an authorised system. |
2 | Where the applicant holds a Special Purpose Visa | As specified in subparagraph 1219(3)(aa)(iii) of the Regulations. | Applications must be made on: (a) Electronic Form 15; or (b) Paper Form 15. |
3 | Where the applicant does not hold a valid visa | As specified in subparagraphs 1219(3)(aa)(i) or 1219(3)(aa)(ii) of the Regulations. | Applications must be made on: (a) Paper Form 15; or (b) an authorised system. |
4 | Where the applicant does not hold a valid visa | As specified in subparagraph 1219(3) (aa)(iii) of the Regulations. | Applications must be made on: (a) Electronic Form15; or (b) Paper Form 15. |
5 | Where the applicant holds a valid temporary visa (other than SPV) | As specified in subparagraph 1219(3)(ab)(i) of the Regulations. | Applications must be made on: (a) Paper Form 15; or (b) an authorised system. |
6 | Where the applicant holds a valid temporary visa (other than SPV) | As specified in subparagraph 1219(3)(ab)(ii) of the Regulations. | Applications must be made on: (a) Electronic Form 15; or (b) Paper Form 15. |
ARRANGEMENTS FOR SPECIAL CATEGORY VISA APPLICATIONS 2015 (IMMI 15/039) (F2015L00560)
Repeal the instrument.