Migration Regulations 1994

For sections 45 and 46 of the Act (which deal with applications for visas), if an application is required for a particular class of visa:

the relevant item of Schedule 1 sets out the approved form (if any) to be completed by an applicant; and

regulation 2.12C and the relevant item of Schedule 1 set out:

the visa application charge (if any) payable in relation to an application; and

the components that may be applicable to a particular application for the visa; and

the relevant item of Schedule 1 sets out other matters relating to the application.

An item of Schedule 1 may provide for matters to be specified by the Minister in a legislative instrument made under subregulation (5).

An applicant must complete an approved form in accordance with any directions on it.

An application for a visa that is made using an approved form is not a valid application if the applicant does not set out his or her residential address:

in the form; or

in a separate document that accompanies the application.

If an item of Schedule 1 prescribes criteria or requirements by reference to a legislative instrument made under this subregulation, the Minister may, by legislative instrument, specify any of the following matters for the purposes of such a criterion or requirement:

an approved form for making an application for a visa of a specified class;

the way in which an application for a visa of a specified class must be made;

the place at which an application for a visa of a specified class must be made;

any other matter.

For paragraph (b), examples of the way in which an application must be made include by the internet, orally, or by posting, faxing or emailing the application to a specified number or address.

Regulation 2.10 sets out where an application for a visa must be made if no location for making the application is prescribed in relation to the visa in Schedule 1.

The legislative instrument may specify different matters for:

different kinds of visa (however described); and

different classes of applicant.