Migration Legislation Amendment (2017 Measures No 2) Regulations 2017 [F2017L00549]-Response required [2017] AUSStaCSDLM 216 (21 June 2017)

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Instrument	Migration Legislation Amendment (2017 Measures No. 2) Regulations 2017 [F2017L00549]
Purpose	Amends the Migration Regulations 1994 to create a new permanent visa stream for certain New Zealand citizens, lower the maximum age permitted to apply for a Subclass 189 (Skilled – Independent) visa in the Points-tested stream, and remove the requirement for certain persons departing Australia to complete a passenger card
Authorising legislation	Migration Act 1958
Department	Immigration and Border Protection
Disallowance	15 sitting days after tabling (tabled Senate 13 June 2017) Notice of motion to disallow currently must be given by 5 September 2017
Scrutiny principle	Standing Order 23(3)(a)

Unclear basis for determining fees

Item 2 of the Migration Legislation Amendment (2017 Measures No. 2) Regulations 2017 [F2017L00549] (the regulation) inserts new subitems 1137(3), (4), (4E) and (4F) into the Migration Regulations 1994, which set out various visa application charges (VAC) for the Subclass 189 (Skilled—Independent) visas in the Points-tested stream and permanent visa stream for certain New Zealand citizens.

In this regard, the ES to the regulation provides the following general information about the VAC :

The total amount of the visa application charge (VAC) will be consistent with the General Skilled Migration Programme, however concessional arrangements have been introduced to the New Zealand stream, allowing 20 per cent of the VAC to be paid at time of lodgement and the remainder to be paid before the visa grant.

With reference to the VAC for the new Points-tested stream the committee notes that the regulation substantially replicates the current Subclass 189 visa.

With reference to the VAC for the new permanent visa stream for certain New Zealand citizens, the ES states:

Subitems 1137(4E) and (4F) set out the first and second instalment of
the visa application charge (‘VAC’) payable for the New Zealand stream. The overall VAC payable (first and second instalments) is the same as the first instalment of the VAC payable for the Points-tested stream, which is $3600. However, consistent with the announcement on 19 February 2016, applicants are only required to pay 20% of the overall VAC at the time of application (as the first instalment of the VAC). The remaining 80% of the overall VAC is charged as the second instalment of the VAC, which is only payable by the applicant before the visa is granted.

However, the ES does not appear to state the basis on which the VAC for either stream has been calculated. The committee’s usual expectation in cases where an instrument of delegated legislation carries financial implications via the imposition of a charge, fee, levy, scale or rate of costs or payment is that the relevant ES makes clear the specific basis on which an individual imposition or change has been calculated.

The committee requests the advice of the minister in relation to the above.