The instrument is made under subregulation 2.07(5) and item 1402 of Schedule 1 to the Migration Regulations 1994 (Migration Regulations). The instrument amends Migration (Arrangements for Protection, Refugee and Humanitarian Visas) Instrument (LIN 20/169) 2020 (LIN 20/169). Subsection 33(3) of the Acts Interpretation Act 1901 provides that where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character, the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.
The instrument amends LIN 20/169 to provide for internet lodgement of applications for Global Special Humanitarian (subclass 202) visas lodged under the Special Humanitarian Program (SHP), a Class XB visa (offshore refugee and humanitarian). Currently applications under the SHP (subclass 202) are paper-based and must be lodged at the Special Humanitarian Processing Centre via post, delivery or webform (online portal). This instrument is covered by the exemption from disallowance provided by table item 20 of regulation 10 of the Legislation (Exemptions and Other Matters) Regulations 2015. A statement of compatibility with human rights is therefore not required.
The Office of Impact Analysis (OIA) has been consulted in relation to the amendments, advising that no Impact Analysis is required. The OIA consultation reference number is OIA23-06062. This measure will promote the efficient administration and ease of application process, for both the Department and applicants, for the Special Humanitarian Program (SHP) program of the subclass 202 Global Special Humanitarian visa. External consultation was therefore not considered necessary, and noting it aligns with the Department’s existing, long-standing arrangements for online visa application services.
The instrument commences on the later of: • 1 July 2025; and • the day after it is registered on the Federal Register of Legislation.