ATTACHMENT A

 

 

AUTHORISING PROVISIONS

 

Subsection 504(1) of the Migration Act 1958 ('the Act') provides, in part, that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters which by the Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.

 

In addition, the following provisions in the Act may apply:

 

*         section 45A of the Act, which provides that a non-citizen who makes an application for a visa is liable to pay a visa application charge if, assuming the charge were paid, the application would be a valid visa application;

 

*         subsection 45B(1) of the Act, which provides that the amount of the visa application charge is the amount, not exceeding the visa application charge limit, prescribed in relation to the application.  The visa application charge limit is determined under the Migration (Visa Application) Charge Act 1997 ('the VAC Act'); and

 

*         section 45C of the Act, which deals with regulations about the visa application charge.  In particular:

 

o   subsection 45C(1) of the Act, which provides that the Migration Regulations 1994 ('the Regulations') may provide that the visa application charge may be payable in instalments, and specify how those instalments are to be calculated and when instalments are payable; and

 

o   paragraph 45C(2)(a) of the Act, which relevantly provides that the Regulations may make provision for and in relation to various matters, including the recovery of the visa application charge in relation to visa applications and the way, including the currency, in which visa application charge is to be paid.

 

The following provisions of the VAC Act may also apply:

 

*                     section 4, which imposes a visa application charge payable under section 45A of the Act; and

 

*                     section 5, which limits the visa application charge and provides the formula to calculate the charge limit for later financial years.

 

 

ATTACHMENT B

 

 

Statement of Compatibility with Human Rights

 

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Migration Amendment (Partner Visas) Regulation 2014

 

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the Legislative Instrument

On 24 November 2014, the Government made a whole-of-government decision regarding a range of measures to repair the Budget and fund policy priorities. One part of that decision is an increase to certain Visa Application Charges (VACs) for three visas in the partner category (subclasses 100, 300, and 801), for which there is growing and strong demand. This Legislative Instrument enacts this element of the Government's decision.

For each of these subclasses, the VAC is paid at the time of application for a visa for individuals who are the spouse, de facto partner or prospective spouse of an Australian citizen, permanent resident, or eligible New Zealand citizen. The Legislative Instrument increases the VAC paid by the majority of applicants for three visas in the partner category. Certain exceptions to paying the full price VAC, which is subject to change in this amendment, are applied to some applicants in particular circumstances. These exemptions can be found in the Migration Regulations 1994, Schedule 1 at paragraphs 1124B and 1129.

For offshore visa subclasses 100 (Partner (partner permanent)) and 300 (Prospective Marriage (temporary)), this amendment will increase the Base Application Charge from $3,085 to $4,630, increase the Additional Applicant Charge for secondary applicants under 18 from $770 to $1,155, and for secondary applicants over 18 from $1,545 to $2,320.

For the onshore visa subclass 801 (Partner (partner permanent)), this amendment will increase the Base Application Charge from $4,575 to $6,865, and increase the Additional Applicant Charge for secondary applicants under 18 from $1,145 to $1,720, and for secondary applicants over 18 from $2,290 to $3,435.

Increasing these VACs will generate revenue for the Commonwealth Government, in line with the Government's objective to repair the Budget and fund policy priorities.

The VAC increase does not exceed the applicable charge limits set out in the Migration (Visa Application) Charge Act 1997.

 

Human rights implications

The Legislative Instrument has been assessed against the seven core international human rights treaties and does not engage any of the applicable rights or freedoms.

Conclusion

This Legislative Instrument does not limit any of the rights or freedoms expressed in Australia's international obligations.

 

The Hon. Scott Morrison MP,
Minister for Immigration and Border Protection

 

ATTACHMENT C

 

Details of the Migration Amendment (Partner Visas) Regulation 2014

 

Section 1 - Name of Regulation

 

This section would provide that the title of the Regulation is the Migration Amendment (Partner Visas) Regulation 2014.

 

Section 2 - Commencement

 

This section would provide that the Regulation commences on 1 January 2015.

 

Section 3 - Authority

 

This section would provide that this regulation is made under the Migration Act 1958 (the Migration Act).

 

The purpose of this section is to set out the Migration Act under which the regulation is made.

 

Section 4 - Schedule

This section would provide that 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.

 

The purpose of this section is to provide for how the amendments in this regulation would operate.

 

Schedule 1- Visa application charges for partner visas

 

The Regulation would give effect to the Government's decision on 24 November 2014 by increasing all visa application charges for visa subclass 100 (Partner (Permanent)), subclass 801 (Partner (Permanent)) and subclass 300 (Prospective Marriage (Temporary)).

 

On 24 November 2014, the Government made a whole-of-government decision regarding a range of measures to repair the Budget and fund policy priorities.  One part of that decision is an increase to certain visa application charges ('VAC') for three visas in the partner category, for which there is growing and strong demand.

 

The amount of the increase in these items does not exceed the applicable charge limit set out in the Migration (Visa Application) Charge Act 1997.

 

Items 1 to 9

 

Items 1-9, would amend the provisions in Part 1 of Schedule 1 of the Principal Regulations to increase the visa application charges ('VAC') for partner visas.

 

Columns 1 and 2 of the table below list the visa class and the name of that visa class that would be amended.

 

Column 3 of the table below lists the provisions that would be amended by this Regulation to increase the VAC.  Columns 4 and 5 of the table list the current VAC and the new VAC.

 

 

Part 2 - Application and transitional arrangements

 

Item 10 - Schedule 13

 

This item amends Schedule 13 to the Migration Regulations to insert a new Part 39, entitled "Amendments made by the Migration Amendment (Partner Visas) Regulation 2014", which contains a new clause 3901.

 

The new clause 3901 provides that the amendments of the Migration Regulations made by Part 1 of Schedule 1 to the Migration Amendment (Partner Visas) Regulation 2014 apply in relation to an application for a visa made on or after 1 January 2015.

 

The purpose and effect of this amendment is to clarify to whom the amendments in Schedule 1 of the Migration Regulations applies.