Australian Immigration Daily News

Migration (Arrangements for Pacific Engagement Visa Applications) Instrument (LIN 24/012) 2024

Issued by Authority of the Minister for Immigration, Citizenship and Multicultural Affairs

Purpose and Scope: The instrument LIN 24/012, under subregulation 2.07(5) of the Migration Regulations 1994, specifies the form, manner, and place for applying for the Subclass 192 (Pacific Engagement) visa, which grants permanent residence to citizens of select Pacific island countries and Timor-Leste, along with their families.

Key Provisions:

1. Commencement and Legislative Context:

   • The instrument commences the day after registration and is a legislative instrument under the Legislation Act 2003.
   • It specifies the approved forms and procedures for visa applications as required by items 1140 and 1140(3) of Schedule 1 to the Migration Regulations.

2. Application Process:

   • Form 1556 (Internet): Applications must be submitted online via ImmiAccount.
   • Form 1556 (Non-Internet): This form is used when applicants receive written notice from the Department, and must be sent via email to the address specified in the notice. This alternative is provided to address potential ImmiAccount outages.

3. Consultation and Impact Analysis:

   • The Office of Impact Analysis (OIA) confirmed that no further analysis is required as the instrument implements a prior government decision (OIA reference: OBPR22-02320).
   • Further consultation was deemed unnecessary due to the instrument’s minor nature and similarity to existing arrangements.

Details of the Instrument:

• Section 1: States the instrument’s name.
• Section 2: Specifies the commencement date.
• Section 3: Cites the authority under which the instrument is made.
• Section 4: Defines key terms, including "ImmiAccount," "Internet form," "Migration Regulations," and "written notice."
• Section 5: Outlines the application process, specifying valid forms and submission methods.

Parliamentary Scrutiny:

• Exemption from Disallowance: The instrument is exempt under section 42 of the Legislation Act, as per section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015.
• Human Rights Compatibility: A Statement of Compatibility with Human Rights is not required due to the exemption status.

Authority: The instrument was enacted by a delegate of the Minister for Immigration, Citizenship and Multicultural Affairs under the prescribed subregulation 2.07(5) of the Migration Regulations.

This summary provides a formal overview of the Migration (Arrangements for Pacific Engagement Visa Applications) Instrument (LIN 24/012) 2024, outlining its purpose, application process, consultation details, and legislative context.

Source: LIN24012.pdf and LIN24012-Explanatory-Statement.pdf