Migration (LIN 19/046: Arrangements for Medical Treatment (Visitor) (Class UB) Visa Applications) Instrument 2019

I, Gaye Lalor, Delegate of the Minister for Immigration, Citizenship and Multicultural Affairs, make the following instrument.

Dated 13/02/2019

Gaye Lalor

Gaye Lalor

Acting Senior Executive Service, Band 1, Immigration and Visa Services Division and Delegate of the Minister for Immigration, Citizenship and Multicultural Affairs

Contents

Part 1—Preliminary 2

1  Name...................................................2

2 Commencement.............................................2

3 Authority.................................................2

4  Definitions...............................................2

5  Schedules................................................2

Part 2—Specified Arrangements for Medical Treatment Visa Applications 3

6  Approved form for  Medical Treatment Visa Applications....................3

7  Approved place and manner for Medical Treatment Visa Applications............3

Part 3—Application 4

8  Application of the instrument.....................................4

9  Application of repeal.........................................4

Schedule 1—Repeals 5

MIGRATION (LIN 18/090: ARRANGEMENTS FOR MEDICAL TREATMENT (VISITOR) (CLASS UB) VISA APPLICATIONS) INSTRUMENT 2018.....5

Part 1—Preliminary

1  Name

(1)      This instrument is the Migration (LIN 19/046: Arrangements for Medical Treatment (Visitor) (Class UB) Visa Applications) Instrument 2019.

(2)      This instrument may be cited as LIN 19/046.

2  Commencement

This instrument commences on 2 March 2019.

3  Authority

This instrument is made under subregulation 2.07(5) of the Regulations.

4  Definitions

In this instrument:

Act means the Migration Act 1958.

authorisation confirmation means an email or a verbal confirmation by an officer of the Department authorising the applicant to make a an application in a different manner.

Department means Department of Home Affairs

Medical Treatment visa means a Medical Treatment (Visitor) (Class UB) Visa.

old Law means the Migration (LIN 18/090: Arrangements for Medical Treatment (Visitor) (Class UB) Visa Applications) Instrument 2018.

Regulations means Migration Regulations 1994.

5  Schedules

Each instrument that is specified in Schedule 1 to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Part 2—Specified Arrangements for Medical Treatment (Visitor) (Class UB) Visa Applications

6  Approved form for Medical Treatment Visa Applications

For the purposes of subitem 1214A(1) of Schedule 1 to the Regulations, the approved form for making an application for a Medical Treatment visa is Form 48ME.

7  Approved place and manner for Medical Treatment Visa Applications

(1) For the purposes of paragraph 1214A(3)(a) of Schedule 1 to the Regulations, the approved place and manner for making an application for a Medical Treatment visa, by a person who is in or outside of Australia is by:

(a) lodging an internet application using the online Form 48ME; or

(b) if the applicant receives an authorisation confirmation - by submitting a paper Form 48ME in accordance with the directions provided by the Department.

Part 3—Application and savings provision

8  Application of the instrument

This instrument applies to an application for a Medical Treatment visa made on or after the commencement of the instrument.

9  Application of repeal

Despite the repeal of the old law by Schedule 1, the old law continues to apply in relation to a visa application mentioned in the old law if an application was made but not finally determined before the commencement of this instrument.

Schedule 1—Repeals

MIGRATION (LIN 18/090: ARRANGEMENTS FOR MEDICAL TREATMENT (VISITOR) (Class UB) VISA APPLICATIONS) INSTRUMENT 2018 (F2018L01194)

1. The whole of the instrument

Repeal the instrument.