Supplmentary Explanatory Memorandum relating to sheet JC575(Circulated by authority of the Minister for Immigration, Citizenship and Multicultural Affairs, the Hon. David Coleman MP)
These government amendments to the Home Affairs Legislation Amendment (Miscellaneous Measures) Bill 2018, amend the Migration Act 1958 (Migration Act) and the Migration Regulations 1994 (the Migration Regulations) to prevent unauthorised maritime arrivals (UMAs) who were at least 18 years of age and were taken to a regional processing country after 19 July 2013 from making a valid application for an Australian visa.
These government amendments will also apply to transitory persons who were at least 18 years of age and were taken to a regional processing country after 19 July 2013 under Division 7 or 8 of Part 3 of the Maritime Powers Act 2013 (the Maritime Powers Act).
These groups of people will be referred to as the designated regional processing cohort.
Thee government amendments will include a personal power of the Minister to permit a member of the designated regional processing cohort, or a class of persons within the designated regional processing cohort, to make a valid application for a visa if the Minister thinks it is in the public interest to do so.
These government amendments include measures to prevent a member of the designated regional processing cohort from being deemed to have been granted a Special Purpose visa under section 33 of the Migration Act, or being deemed to have applied for particular visas under the Migration Regulations.
These government amendments will apply to a member of the designated regional processing cohort: who is currently subject to regional processing arrangements; who has left a regional processing country and is in another country; or who is taken to a regional processing country in the future.
Financial Impact Statement
These government amendments will have low financial impact.
STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
A Statement of Compatibility with Human Rights has been completed in relation to the amendments in this government amendments and assesses that the amendments are compatible with Australia's human rights obligations. A copy of the Statement of Compatibility with Human Rights is at Attachment A.