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Migration (Credit Card Surcharge) Instrument (LIN 24/024) 2024

The "Migration (Credit Card Surcharge) Instrument (LIN 24/024) 2024" outlines the regulatory framework for applying credit card surcharges to specific immigration-related payments in Australia. This legislative instrument, issued by the Minister for Immigration, Citizenship and Multicultural Affairs, repeals and replaces the previous regulation (IMMI 14/053) to include visa pre-application process fees as chargeable by credit card surcharge.

Key Aspects of the Instrument:

  1. Purpose and Commencement: The instrument, effective the day after registration, specifies that a credit card surcharge will apply to fees and charges related to nomination applications, sponsorship applications, visa evidence, visa applications, and visa pre-application processes when paid by credit card.

  2. Legislative Background: This action follows the Migration Amendment (Australia’s Engagement in the Pacific and Other Measures) Act 2023 and the Migration (Visa Pre-application Process) Charge Act 2023, which set the stage for a new visa pre-application process involving a random selection ballot.

  3. Details of the Instrument: It details the types of payments that will incur a credit card surcharge, including nomination fees, sponsorship fees, visa evidence fees, visa application fees, and visa pre-application process fees.

  4. Consultation and Impact Analysis: Prior consultations were conducted with various departments and organisations such as the Department of Foreign Affairs and Trade, and the Migration Institute of Australia. The Office of Impact Analysis confirmed that no further regulatory impact statement was necessary, citing the minor or machinery nature of the changes.

  5. Parliamentary Scrutiny and Human Rights: The instrument is exempt from disallowance under the Legislation Act due to its classification under the Migration Regulations, and thus does not require a Statement of Compatibility with Human Rights.

This explanatory statement confirms the government's administrative adjustments to ensure that credit card surcharges are uniformly applied across various immigration-related fees, supporting the fiscal management of these processes.

Source: LIN24024.pdf and LIN24024-Explanatory-Statement.pdf

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