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Australian Senate Standing Committee for the Scrutiny of Delegated Legislation - Monitor |
Purpose
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Amends the Migration Regulations 1994 to strengthen and improve immigration
policy
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Last day to disallow
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15 May 2013
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Authorising legislation
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Department
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Immigration and Citizenship
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ISSUE:
The ES which accompanies the instrument states that Schedule 2 of the regulation introduces increases to certain visa application charges (VACs), in one case being an increase of 300 per cent. While these changes are subsequently described as being 'minor or machinery in nature' and as not substantially altering existing arrangements, the ES does not indicate the basis on which the VAC increases were determined. The committee's usual expectation in cases where an instrument of delegation legislation introduces or adjusts a charge, fee or levy is that the relevant ES makes clear on its face the basis on which that charge, fee or levy has been calculated (in addition to the quantum of the relative change in those cases where there is an adjustment to an existing charge, fee or levy) [the committee sought further information from the minister].
MINISTER'S RESPONSE:
The minister advised that, rather than applying a fee increase across the board, the increase in fees for certain visa subclasses recognised the large levels of demand in those visa areas, making for a fairer 'user-pays' approach to visa pricing. The increases therefore recognised the real value of each visa and were not expected to significantly affect individuals applying for the visas. In particular, the significant increase to the VAC for the Subclass 485 (Skilled Graduate) visa recognised the benefit to students who, upon completion of their studies in Australia, are able to apply to work in Australia for a specified period.
COMMITTEE RESPONSE:
The committee thanks the minister for his response and has concluded its interest in the matter.
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URL: http://www.austlii.edu.au/au/other/cth/AUSStaCSDLM/2013/186.html