Commonwealth of Australia Explanatory Memoranda

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MIGRATION (VISA EVIDENCE) CHARGE (CONSEQUENTIAL AMENDMENTS) BILL 2012

                                                                          ATTACHMENT A




                Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011


       Migration (Visa Evidence) Charge (Consequential Amendments) Bill 2012

  This Bill is compatible with the human rights and freedoms recognised or declared in the
 international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny)
                                           Act 2011.


Overview of the Bill
This Bill makes amendments to the Migration Act 1958 at subsection 5(1) and sections 70
and 71, consequential to the introduction of the Migration (Visa Evidence) Charge Bill 2012.
The amendments will create a framework of authority and control on the imposition of a
charge for the provision of visa evidence.
Human rights implications
The Department of Immigration and Citizenship (DIAC) has considered the seven key
international treaties. DIAC notes that the amendment may have some differential impact on
citizens of certain countries who are required to show evidence of a visa in order to meet
their own country's exit requirements. Any such differential treatment is the result of the
application of their country's laws regarding migration and does not constitute unlawful
discrimination by Australia under Article 26 of the International Covenant on Civil and
Political Rights (ICCPR). Further that impact will be mostly, if not wholly, on persons
outside Australia's jurisdiction, to whom Australia does not owe obligations under the
ICCPR.
Conclusion
This Bill is compatible with human rights.


           The Hon. Chris Bowen, Minister for Immigration and Citizenship