Australian Immigration Daily News

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