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Posted by on in General

The Department of Home Affairs is currently processing a high number of visa applications.

Your visa application can take longer if it contains incorrect information or documents are missing. It may even be refused.

There are things you can do to make sure that when you submit your visa application it is ‘decision ready’. This will help us process your application faster.

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Overview of the Disallowable Legislative Instrument

The purpose of the Migration Amendment (Status of Forces Agreement) Regulations 2022 (the Amendment Regulations) is to give effect to aspects of the Agreement Between Australia and Japan Concerning the Facilitation of Reciprocal Access and Cooperation Between the Australian Defence Force and the Self-Defense Forces of Japan which was signed in January 2022 and will come into force once final implementation steps are taken by both countries. This type of agreement is commonly known as a Status of Forces Agreement (SOFA). The Amendment Regulations amend the Migration Regulations 1994 (Migration Regulations) to allow members of the Japanese armed forces and civilian component to be taken to be granted a special purpose visa to travel to, enter and remain in Australia to carry out official duties in accordance with the terms of the SOFA.

The Amendment Regulations achieve this by amending the Migration Regulations to prescribe members of the Japanese armed forces and civilian component, who come under the SOFA and who hold the relevant documents, as classes of persons having a prescribed status for the purposes of being taken to be granted a special purpose visa under section 33 of the Migration Act 1958.

While SOFAs with other countries have extended entry to dependants of members of the armed forces and civilian component, the SOFA with Japan does not extend to dependants, reflecting the agreement reached by the parties. Therefore, the Amendment Regulations do not prescribe dependants of members of the Japanese armed forces or the civilian component as a class of persons having a prescribed status for the purposes of being taken to be granted a special purpose visa, as they are not included in the SOFA.

Source: Migration-Amendment-Status-of-Forces-Agreement-Regulations-2022.pdf and 

Migration-Amendment-Status-of-Forces-Agreement-Regulations-2022-Explanatory-Statement.pdf

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Each case is decided on its individual merits according to law.

ABF officers welcome thousands of travellers from around the world every week who come to Australia on various visas.

We remind non-citizens who travel to Australia with the intention to work that they need to ensure they are travelling on the appropriate visa.

Every traveller who enters Australia and undertakes a border clearance interview is offered the service of an interpreter if they are not confident communicating in English.

Source: Statement-in-response-to-media-reporting.pdf

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Purpose

The instrument is made under subregulation 2.07(5) of the Migration Regulations by a delegate of the Minister for Home Affairs.

The instrument, made for the purposes of subparagraph 1237(2)(a)(i) and subparagraph 1236(2)(a)(iv) of Schedule 1 to the Migration Regulations, specifies that certain applicants for Temporary Activity (Class GG) visas and Visitor (Class FA) visas who provide evidence of being invited to participate in the Virtus Oceania Asia Games — Brisbane 2022 (OA Games), have a visa application charge of nil.

The OA Games commence on 5 November 2022 and conclude by 11 November 2022. After the OA Games conclude, the instrument self-repeals on 12 November 2022.

Source: Migration-Temp-Activity-Instrument-Class-FA-Virtus-Oceania-Games-2022.pdf

and

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The Australian Government is streamlining requirements for temporary visa applicants in Australia.  Temporary visa applicants in Australia will not be required to undertake medical examinations and chest x‐rays, based on their nationality, previous residence and proposed length of stay, in order to  meet the health requirement. 

Temporary visa applicants in Australia will still be required to undertake relevant medical  examinations and/or chest x‐rays if they: 

 have applied for a medical treatment, temporary protection or a provisional visa 

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