Migration Amendment (Visa Revalidation and Other Measures) Bill 2016 (Cth)

Thursday 20 October 2016 @ 10.33 a.m. | Immigration

Australian Minister for Immigration and Border Protection Peter Dutton has introduced the Migration Amendment (Visa Revalidation and Other Measures) Bill 2016 into the Federal House of Representatives. The amendments will serve to support the government’s initiative to promote Australia as an attractive destination for tourism. Furthermore, it will use enhanced technology to improve the traveller experience at Australian borders.

Visa Revalidation

The bill introduces a framework for visa revalidation within the Migration Act. The Minister will be given the power to require, from time to time, a person holding a prescribed visa to complete a revalidation check. According to Mr Dutton, this approach will ensure that “only genuine visitors retain the right to travel to and enter Australia.” This new requirement will support the proposed plans for a 10-year validity visitor visa to encourage genuine tourists and business people who elect Australia as their preferred destination. According to the Mr Dutton:

“The introduction of a 'routine' revalidation requirement will simplify visa processes for frequent travellers. It means that, after completing a visitor visa application and being granted a visa, a frequent traveller will not need to do so again for up to 10 years. Instead, they will only need to periodically revalidate some key details. This will result in a significant reduction in red tape for low-risk, high-volume travellers to Australia. It is an example of how we are making the visa process for travellers easier, and seamless.”

Cessation of Visas not in Effect

Currently under the Migration Act, there is ambiguity regarding the cessation of visas not in effect.  Essentially, section 82, 173 and 174 of the Act identifies certain events as ‘ceasing events’ regarding a visa. However, there is a lack of certainly concerning its application to visas that have been granted but not in effect at the time of the ceasing event. The Bill amendments will ensure that subject to limited exceptions, “a visa will cease if a relevant ceasing provision applies to it, even if the visa is not in effect at the relevant time.”

Contactless Immigration Clearance

The Bill also amends the Act to allow contactless technology to be used at SmartGates to clear travellers through immigration clearance authority more easily. This enhancement is a component of the Seamless Traveller initiative which provides stronger security measures and contributes to the economic development of Australia through faster and more efficient traveller facilitation. Mr Dutton explained:

“As such, travellers will no longer be required to physically present their passport unless specifically requested, therefore reducing the time it will take for a traveller to self-process through a SmartGate.”

The Bill is awaiting Second Reading Debate in the House of Representatives.

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Sources:

Migration Amendment (Visa Revalidation and Other Measures) Bill 2016, Bill, Second Reading Speech and Explanatory Memorandum as Published on LawOne

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