Australian Immigration Daily News

Purpose

4. The purpose of the instrument is to update the approved form, place and manner ('the arrangements') requirements for making an application for a Visitor (Class FA) visa (Class FA visa). The Subclass 600 (Visitor) visa (subclass 600) is the only subclass for the Class FA visa and has five streams: the Tourist stream, the Sponsored Family stream, the Business Visitor stream, the Approved Destination Status stream and the Frequent Traveller stream. The instrument specifies the arrangements for making a visa application for each stream.

5. Item 1236 of Schedule 1 to the Regulations prescribes the requirements that an applicant for a Class FA visa must meet to make a valid visa application. Some of these requirements need to be specified in a legislative instrument, relevantly:

- the approved form, place and manner for making an application in each stream, as specified in an instrument made under subregulation 2.07(5) of the Regulations (see subitems 1236(1), 1236(3), 1236(4), 1236(5), 1236(6) and 1236(6A));

- the travel agents that organise tours that applicants for the Approved Destination Status stream must be intending to travel to Australia as a member of (see item 3 of the table in subitem 1236(6) of Schedule 1);

- the place applicants for the Frequent Traveller stream must be located when they make a visa application (see paragraph 2(b) of the table in subitem 1236(6A) of Schedule 1 to the Regulations); and

- the kind of passport applicants for the Frequent Traveller stream must hold when they make a visa application (see item 3 of the table in subitem 1236(6A) of Schedule 1 to the Regulations).

6. The instrument provides that applications for all streams must be made using an internet form and as an internet application through ImmiAccount. This is part of the Department’s and the whole-ofgovernment strategic transition to online processes. An application through ImmiAccount for a visa in any stream must indicate what stream is being applied for. Applications for the Tourist, Sponsored Family, Business Visitor and Frequent Traveller streams will indicate which stream is being applied for within form 1419 (Internet) in ImmiAccount. Applications for the Approved Destination Status stream will indicate that stream is being applied for by using form 48G (Internet) in ImmiAccount.

7. As applications must identify what visa stream is being applied for when making an application through ImmiAccount, an application is taken only to be made for the stream they have identified. Similarly, for applications made outside of ImmiAccount applicants must use the specified form for the stream. An application will only be assessed against the criteria for the stream an applicant has indicated they have applied for through ImmiAccount or based on the non-internet form used.

8. The instrument provides alternative arrangements for making an application in the Tourist stream (outside Australia) and Business Visitor stream. An applicant who has received a written notice from the Department may make an application using a different form and manner. Applicants for Tourist stream (in Australia) are also able to make an application using a non-internet form outside of ImmiAccount.

9. The instrument removes differentiations in LIN 20/046 for how to make an application based on the passport an applicant holds for the Tourist, Sponsored Family and Business Visitor streams. This is because the arrangements have been streamlined and simplified.

10. The instrument also removes the arrangements in place under LIN 20/046 for former subclass 600 visa holders whose travel to Australia was affected by COVID-19. The arrangements were in place for former subclass 600 visa holders whose visas were cancelled due to COVID-19 and must have been made within 3 months of the visa cancellation. Given that timeframe has elapsed there are no former subclass 600 visa holders who would benefit from the arrangements.

Source: LIN21056.pdf and LIN21056-Explanatory-Statement.pdf