{"id":"F2016L01389","name":"Arrangements for Child Visa Applications 2016/051","slug":"arrangements-for-child-visa-applications-2016-051","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":94974,"registerId":"commonwealth-F2016L01389-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Arrangements for Child Visa Applications 2016/051","content":"![Commonwealth Coat of Arms](image.001.jpeg)\n\nIMMI 2016/051\n\nArrangements for Child Visa Applications 2016/051\n\nmade under the Migration Regulations 1994\n\nCompilation no. 3\n\nCompilation date 5 March 2022\n\nThis compilation was prepared by the Department of Home Affairs on 5 March 2022 taking into account amendments up to Migration (Arrangements for Child visas) Amendment Instrument (LIN 22/017) 2022.\n\nI, ALEX HAWKE, Assistant Minister for Immigration and Border Protection, acting under subregulation 2.07(5) of the Migration Regulations 1994 (the Regulations) for items 1108 Child (Migrant)(Class AH) , 1108A Child (Residence) (Class BT) and 1211 Extended Eligibility (Temporary) (Class TK) of Schedule 1 to the Regulations:\n\n2. SPECIFY that an application for a Child (Migrant)(Class AH) visa is not a valid visa application if the applicant seeks to meet the requirements in subclause 102.211(2) of Schedule 2 to the Regulations and by claiming to have been adopted in an overseas country at a particular time; and\n\na. for the purposes of subparagraph 1108(3)(c)(ii) of Schedule 1 to the Regulations, the country listed in Column A of the table in the Schedule to this Instrument; and\n\nb. for the purposes of subparagraph 1108(3)(c)(iii) of Schedule 1 to the Regulations, the period specified in Column B of this Instrument in relation to the country, is the time referred to in paragraph 2 of the Instrument.\n\n3. SPECIFY that an application for a Child (Residence)(Class BT) visa is not a valid visa application if the applicant seeks to meet the requirements in subclause 802.213(5) of Schedule 2 to the Regulations and by claiming to have been adopted in an overseas country at a particular time; and\n\na. for the purposes of subparagraph 1108A(3)(f)(ii) of Schedule 1 to the Regulations, the country listed in Column A of the table in the Schedule to this Instrument; and\n\nb. for the purposes of subparagraph 1108A(3)(f)(iii) of Schedule 1 to the Regulations, the period specified in Column B of this Instrument in relation to the country, is the time referred to in paragraph 3 of the Instrument.\n\n4 Form, place and manner for making an application\n\nFor the item of Schedule 1 to the Regulations and the class of visa mentioned in an item of the following table, an application for a visa must be made using the form, and in the place and manner specified for the item.\n\n```html\n

Item

Item of Schedule 1

Class of visa

Form

Place and manner

1

1108

Child (Migrant) (Class AH)

47CH

Application must be:

(a) posted with sufficient pre-paid postage to:

Department of Home Affairs

Child and Other Family Processing Centre

Locked Bag 7

NORTHBRIDGE WA 6865 AUSTRALIA; or

(b) delivered by courier service to:

Department of Home Affairs

Child and Other Family Processing Centre

Wellington Central

836 Wellington Street

WEST PERTH WA 6005 AUSTRALIA.

2

1108A

Child (Resident) (Class BT)

47CH

3

1211

Extended Eligibility (Temporary) (Class TK) visa

918

\n```\n\n> Note 1 Paragraph 2.10(2)(a) of the Regulations provides that if an application for a visa is made outside Australia, it must be made in accordance with the requirements of Division 2.2 or the item in Schedule 1 of the Regulations that relates to that visa, about where to make the application.\n\n> Note 2 Paragraph 2.10(2)(b) of the Regulations provides that where there are no requirements of that kind, the application must be made at a diplomatic, consular or migration office maintained by or on behalf of the Commonwealth outside Australia.\n\nThis Instrument, Arrangements for Child Visa Applications 2016/051, IMMI 16/051, commences the day after it is registered on the Federal Register of Legislation\n\nDated: 1 September 2016\n\nAlex Hawke\n\nTHE HON ALEX HAWKE MP\n\nAssistant Minister for Immigration and Border Protection\n\nSCHEDULE\n\n| Column ACountry | Column BSpecified Period |\n| --------------- | ---------------------------- |\n| Pakistan | No limitation on time period |\n\n> Notes\n\n> Note: This compilation comprises Arrangements for Child Visa Applications 2016/051 amended as indicated in the following tables.\n\n> Note: > Note: Table of\n> \n> instruments\n\n| Name | Registration | Number | Commencement | Application, saving or transitional provisions |\n| ------------------------------------------------------------------------------------------ | ---------------- | ----------- | ---------------- | ---------------------------------------------- |\n| Arrangements for Child Visa Applications 2016/051 | 5 September 2016 | F2016L01389 | 6 September 2016 | - |\n| Migration (LIN 20/049: Arrangements for child visa applications) Amendment Instrument 2020 | 30 March 2020 | F2020L00349 | 1 April 2020 | - |\n| Migration (LIN 20/179: Arrangements for child visa applications) Amendment Instrument 2020 | 16 July 2020 | F2020L00920 | 17 July 2020 | - |\n| Migration (Arrangements for Child visas) Amendment Instrument (LIN 22/017) 2022 | 4 March 2022 | F2022L00256 | 5 March 2022 | - |\n\n> Note: > Note: Table of amendments\n\n```html\n

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted

Provision affected

How affected

s 1..................

rep. Legislation Act 2003, s. 48C

s 4..................

rs. LIN 20/049

am. LIN 20/179, LIN 22/017

s 5..................

rep. LIN 20.049

\n```","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The instrument maintains its original narrow scope: specifying procedural requirements (forms, addresses) and validity conditions for child visa applications. The 2022 amendment added Pakistan to the Schedule, but this is consistent with the original purpose of restricting adoption-based claims from specific countries. No significant scope creep detected."},"complexity_factors":["Multiple cross-references to the Migration Regulations 1994 (Schedule 1, Schedule 2, subregulations 2.07(5) and 2.10(2))","Nested conditional logic in paragraphs 2 and 3 (invalidity triggers based on visa class, specific subclauses, country of adoption, and time periods)","Tabular data for application procedures (form numbers, specific mailing addresses)","Requires understanding of the relationship between legislative instruments and principal regulations","Amendment history tracking across four separate instruments (2016, 2020 x2, 2022)"],"plain_english_summary":"This is a **ministerial instrument** (a type of delegated legislation) that sets out specific rules for how people apply for Australian child visas.\n\n**What it does:**\n\n* **Blocks certain adoption-based claims:** It invalidates visa applications for two types of child visas (the Child (Migrant) visa and Child (Residence) visa) if the applicant claims to have been adopted in **Pakistan** at any time. This effectively closes a pathway for Pakistani adoptions under these visa categories.\n\n* **Sets the paperwork and postage rules:** It specifies exactly which forms to use and precisely where to send applications for three visa types:\n * **Child (Migrant) (Class AH)** – Form 47CH\n * **Child (Residence) (Class BT)** – Form 47CH \n * **Extended Eligibility (Temporary) (Class TK)** – Form 918\n\n Applications must be **posted to a locked bag in Northbridge, Western Australia** or **delivered by courier to a specific street address in West Perth**.\n\n**Who it affects:**\n\n* Prospective adoptive parents seeking to bring children to Australia from Pakistan.\n* Children applying for permanent or temporary Australian visas through family migration pathways.\n* Migration agents and lawyers lodging these specific visa applications.\n\n**Why it matters:**\n\nThis instrument acts as a **gatekeeper**. It can stop an application dead in its tracks if the rules aren't followed exactly—wrong form, wrong address, or a Pakistani adoption claim means the application is invalid. The Pakistan-specific restriction likely reflects concerns about the reliability or legitimacy of adoption documentation from that country."},"summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This compilation instrument sets procedural rules for child visa applications under the Migration Regulations 1994."},"complexity_factors":["Narrow administrative instrument prescribing application validity conditions","Limited to specific adoption-based child visa pathways","Covers only form and lodgement location details"],"plain_english_summary":"This legislative instrument (IMMI 2016/051) is made under the Migration Regulations 1994 and sets rules for making valid applications for three child-related visa classes: Child (Migrant) (Class AH), Child (Residence) (Class BT) and Extended Eligibility (Temporary) (Class TK). It does not grant visas; it only prescribes the form, place and manner of lodgement and limits certain adoption-based applications.\n\nIf you are applying for a Child (Migrant) or Child (Residence) visa and rely on a claim of having been adopted overseas at a particular time (under subclause 102.211(2) or 802.213(5) of Schedule 2 to the Regulations), your application will be invalid unless the adoption took place in a country listed in the Schedule, and within the period specified for that country. Currently, only Pakistan is listed, with no limitation on the time period. This means that for these particular adoption pathways, applications based on adoptions in any other country cannot be validly made.\n\nThe instrument also directs the form, place and manner for making applications: Form 47CH for Class AH and Class BT visas, Form 918 for Class TK. All must be either posted to the Department of Home Affairs’ Child and Other Family Processing Centre in Northbridge WA 6865, or delivered by courier to Wellington Street, West Perth WA 6005.\n\nPractical point: Before lodging a child visa application on adoption grounds under these provisions, check that the overseas adoption is from Pakistan (no time limit). For any other country, the application will not be accepted. Also, use the prescribed forms and send them to the correct address. The instrument commenced on 6 September 2016 and has been amended up to 5 March 2022."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The compilation shows the instrument has been amended since original registration (see Table of instruments and Table of amendments). In particular section 4 (the form/place/manner provisions) was replaced and later amended (see Table of amendments: 's 4 rs. LIN 20/049' and 'am. LIN 20/179, LIN 22/017'), indicating the practical lodging requirements and related procedural scope have changed from the original 2016 text. The instrument as compiled (up to LIN 22/017) therefore reflects those later changes to how specified child visa applications must be made and where."},"complexity_factors":["Cross-references to multiple provisions of the Migration Regulations (e.g. subclauses 102.211(2), 802.213(5), subparagraphs 1108(3)(c)(ii)/(iii), 1108A(3)(f)(ii)/(iii)) that must be read together with this instrument (paragraphs 2–3).","The legal effect phrase “not a valid visa application” creates a threshold/validity concept distinct from merits assessment, requiring procedural interpretation by decision-makers (paragraphs 2–3).","Schedule mapping of country to an associated time description (Column A/Column B) introduces targeted scope that depends on interpreting the Schedule entry text (“No limitation on time period”) (Schedule).","Detailed procedural prescriptions for form numbers and specific postal/courier addresses that must be followed exactly (paragraph 4 and table).","Amendment history and compilation notes (multiple LIN instruments up to 2022) add layers to understanding current text and any prior versions of section 4 (Table of instruments and Table of amendments).","Interaction with Regulation 2.10 principles about where applications made outside Australia must be lodged (Notes under paragraph 4)."],"plain_english_summary":"What this instrument does\n\n- Mechanically, this instrument (made under subregulation 2.07(5) of the Migration Regulations 1994) does three things:\n 1. It declares that certain child visa applications are not valid where the applicant is trying to satisfy an adoption-related timing requirement by claiming they were adopted in an overseas country “at a particular time” (see paragraph 2 for Child (Migrant) (Class AH) and paragraph 3 for Child (Residence) (Class BT)).\n 2. It identifies the overseas country and the time period that are the relevant “particular time” for those rules by reference to the Schedule. The Schedule lists Pakistan in Column A and records “No limitation on time period” in Column B (Schedule).\n 3. It prescribes the form to be used and the place and manner for lodging applications for three Schedule 1 items: item 1108 (Child (Migrant) (Class AH)), item 1108A (Child (Residence) (Class BT)) and item 1211 (Extended Eligibility (Temporary) (Class TK)). The required forms are 47CH for items 1108 and 1108A, and 918 for item 1211, and applications must be either posted with sufficient pre-paid postage to the Child and Other Family Processing Centre (Locked Bag 7, NORTHBRIDGE WA 6865) or delivered by courier to the Child and Other Family Processing Centre at Wellington Central, 836 Wellington Street, WEST PERTH WA 6005 (paragraph 4 and table).\n\nWho is affected and who decides\n\n- Affected persons: applicants for the specified child visa classes (items 1108, 1108A, and 1211) and anyone preparing or lodging those applications (paragraphs 2–4; Schedule).\n- Decision/administration: the instrument was made by the Assistant Minister for Immigration and Border Protection under subregulation 2.07(5) and it imposes procedural and validity rules that the Department of Home Affairs and its processing centres will apply when deciding whether an application is valid and how it must be lodged (instrument preamble; paragraphs 2–4).\n\nPractical effects on behaviour, costs and compliance\n\n- Applicants must use the specified form numbers (47CH for the two child visa items; 918 for item 1211) when applying for those visa classes (paragraph 4, table).\n- Applicants bear the direct cost and logistics of lodging: they must either pre-pay postage sufficient for posting to the Locked Bag address, or pay courier fees to deliver to the West Perth address (paragraph 4, table).\n- The instrument makes certain applications “not a valid visa application” where the applicant attempts to meet a specified adoption-timing requirement by claiming adoption in an overseas country at a particular time. The instrument then identifies which country/time that refers to via its Schedule (paragraphs 2 and 3; Schedule). For this instrument the Schedule lists Pakistan with “No limitation on time period” in Column B (Schedule). The instrument therefore changes the legal conditions under which some adoption-based timing claims are treated as valid or invalid (paragraphs 2–3; Schedule).\n\nCosts, incentives, trade-offs and administrative discretion\n\n- Who pays: applicants pay postage or courier costs and the cost (if any) of obtaining and completing the specified form(s) (paragraph 4, table).\n- Compliance burden: applicants must use the correct form and send their application to the specified processing centre and addresses. Failure to use the correct form or place/manner may render an application invalid under the instrument’s own rules (paragraph 4, table; Notes 1–2 about where applications made outside Australia should be lodged under Regulation 2.10).\n- Legal effect and discretion: the instrument makes certain claims about adoption timing mean an application is “not a valid visa application” (paragraphs 2 and 3). The Department will apply that validity rule in processing; the instrument does not itself set merits-decision rules but it removes or limits the ability to rely on certain adoption-timing claims as part of establishing eligibility (paragraphs 2–3; Schedule).\n- Implementation risk and trade-offs: by specifying a country and a time description in the Schedule (Pakistan — “No limitation on time period”), the instrument creates a bright-line rule about which overseas adoption timing claims are captured by the validity prohibition. That specification concentrates the rule’s effect on applicants with connections to the listed country; applicants unaffected by that country entry are not directly affected by that Schedule entry (paragraphs 2–3; Schedule).\n\nFormalities and timing\n\n- The instrument commences the day after it is registered on the Federal Register of Legislation and is dated 1 September 2016 (final paragraphs). The compilation record shows amendments up to LIN 22/017 (compilation date 5 March 2022)."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/arrangements-for-child-visa-applications-2016-051","history":"/api/acts/arrangements-for-child-visa-applications-2016-051/history","analysis":"/api/acts/arrangements-for-child-visa-applications-2016-051/analysis","conflicts":"/api/acts/arrangements-for-child-visa-applications-2016-051/conflicts","importantCases":"/api/acts/arrangements-for-child-visa-applications-2016-051/important-cases","documents":"/api/acts/arrangements-for-child-visa-applications-2016-051/documents"}}