{"id":"F2022L00490","name":"Migration (Arrangements for Resident Return visa applications) Instrument (LIN 22/019) 2022","slug":"migration-arrangements-for-resident-return-visa-applications-instrument-lin-22-019-2022","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":102361,"registerId":"commonwealth-F2022L00490-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Migration (Arrangements for Resident Return visa applications) Instrument (LIN 22/019) 2022","content":"![Commonwealth coat of arms](image.001.png)\n\nLIN 22/019\n\nMigration (Arrangements for Resident Return Visa applications) Instrument (LIN 22/019) 2022\n\nmade under the Migration Regulations 1994\n\nCompilation no. 1\n\nCompilation date 4 March 2023\n\nThis compilation was prepared by the Department of Home Affairs on 15 February 2023 taking into account amendments up to Migration (Arrangements for Resident Return visa applications) Amendment Instrument (LIN 23/014) 2023.\n\n1 Name\n\nThis instrument is the Migration (Arrangements for Resident Return visa applications) Instrument (LIN 22/019) 2022.\n\n3 Definitions\n\nIn this instrument:\n\n> ImmiAccount means the interactive portal for online services available through the Department’s website at https://immi.homeaffairs.gov.au.\n\n> written notice means an email from the Department inviting a person to make an application using a form and in a manner other than an Internet form through ImmiAccount.\n\n4 Making an application for a Special Eligibility (Class CB) visa\n\nFor subitem 1118A(1) and paragraph 1118A(3)(a) of Schedule 1 to the Regulations an application for a Special Eligibility (Class CB) visa must be made using form 47SV and be posted with sufficient prepaid postage to:\n\nSubclass 151 Visa Application\n\nDepartment of Home Affairs\n\nGPO Box 9984\n\nSydney NSW 2001\n\nAustralia.\n\n5 Making an application for a Return (Residence) (Class BB) visa\n\n(1) For subitem 1128(1) and paragraph 1128(3)(a) of Schedule 1 to the Regulations an application for a Return (Residence) (Class BB) visa must be made using form 1085E through ImmiAccount.\n\n(2) If the application cannot be made in accordance with subsection (1), it may be made using form 1085 by sending it to residentsreturn@homeaffairs.gov.au if:\n\n(a) the Department has given a written notice inviting the person to make the visa application using form 1085; and\n\n(b) the written notice is attached to the application; and\n\n(c) the application is received by the Department by 11:59pm (AEST or AEDST as applicable in the place where the email is received), two calendar days after the Department sends the written notice.\n\n6 Making an application for a Resident Return (Temporary) (Class TP) visa\n\n(1) For subitem 1216(1) and paragraph 1216(3)(a) of Schedule 1 to the Regulations, an application for a Resident Return (Temporary) (Class TP) visa must be made:\n\n(a) using form 1085; and\n\n(b) at a diplomatic, consular or immigration office maintained by or on behalf of the Commonwealth of Australia.\n\n(2) For subitem 1216(1) and paragraph 1216(3B)(a) of Schedule 1 to the Regulations, an application for a Resident Return (Temporary) (Class TP) visa must be made using form 1085 and be posted with sufficient prepaid postage to:\n\nResident Return Visa Application\n\nDepartment of Home Affairs\n\nGPO Box 9984\n\nSydney NSW 2001.\n\n> Notes\n\n> Note: This compilation comprises Migration (Arrangements for Resident Return visa applications) Amendment Instrument (LIN 23/014) 2023 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| Migration (Arrangements for Resident Return visa applications) Instrument (LIN 22/019) 2022 | 1 April 2022 | F2022L00490 | 2 April 2022 | |\n| Migration (Arrangements for Resident Return visa applications) Amendment Instrument (LIN 23/014) 2023 | 03 March 2023 | F2023L00195 | 04 March 2023 | |\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 2..................

rep. Legislation Act 2003, s. 48D [auto repeal of commencement provision]

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

rs. F2023L00195

s 7..................

rep. Legislation Act 2003, s. 48C [auto repeal of repeal provision]

\n```","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument maintains its original narrow administrative purpose. The 2023 amendment simply updated the Subclass 151 application method (switching from an unspecified method to the specific form 47SV and postal address) and removed spent commencement/repeal provisions. No expansion of substantive scope."},"complexity_factors":["Only 2 defined terms ('ImmiAccount' and 'written notice')","Straightforward procedural rules with minimal cross-referencing (only references to Schedule 1 of the Migration Regulations 1994)","Single conditional exception in section 5(2) for online applications that cannot be made online","No nested exceptions or complex definitional chains","Total length: approximately 1.5 pages of substantive content","Clear structure: one section per visa class with explicit form numbers and submission methods"],"plain_english_summary":"This instrument prescribes the submission and paperwork rules for three Resident Return visa types that let former citizens and permanent residents re-enter Australia (Subclasses 151, 155/157, and temporary 159). It tells who must apply online versus by paper, where to send forms, and limited exceptions — procedural requirements that, if not followed, can render an otherwise valid application invalid."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The instrument was amended after initial registration: section 4 was repealed and substituted (F2023L00195) and the compilation records other automatic repeal housekeeping (Legislation Act 2003 references). Practically, the amendment altered the procedural detail for making Special Eligibility (Class CB) applications (see s 4) and the compilation incorporates those substituted provisions and related timing/filing mechanics in ss 4–6."},"complexity_factors":["Multiple visa subclasses covered (Class CB, BB, TP) with distinct application channels and form numbers (47SV, 1085, 1085E).","Conditional alternative pathways: primary online requirement (ImmiAccount) with an email-in exception that requires a departmental written notice and attachments (s 5(2)).","Time-sensitive acceptance window for emailed applications (received by 11:59pm AEST/AEDST two calendar days after notice) increases operational precision (s 5(2)(c)).","Different submission locations: postal GPO address, specified departmental email, and diplomatic/consular/immigration offices (ss 4, 5, 6).","Cross-references to Schedule items in the Migration Regulations create dependence on external regulatory text (subitems 1118A(1), 1128(1), 1216(1), etc.).","Amendment history and automatic repeal notes add governance and versioning complexity (compilation notes and amendment table)."],"plain_english_summary":"This instrument sets the required application channels and forms for three Resident Return visa types: Special Eligibility (Class CB), Return (Residence) (Class BB) and Resident Return (Temporary) (Class TP). It specifies whether applicants must use ImmiAccount, post a paper form to a GPO box, apply at a diplomatic/consular office, or email an application when invited, and it fixes time limits and attachment requirements. It matters because it determines how, where and by when applicants must submit paperwork and which costs and steps they must follow."}},"importantCases":[],"_links":{"self":"/api/acts/migration-arrangements-for-resident-return-visa-applications-instrument-lin-22-019-2022","history":"/api/acts/migration-arrangements-for-resident-return-visa-applications-instrument-lin-22-019-2022/history","analysis":"/api/acts/migration-arrangements-for-resident-return-visa-applications-instrument-lin-22-019-2022/analysis","conflicts":"/api/acts/migration-arrangements-for-resident-return-visa-applications-instrument-lin-22-019-2022/conflicts","importantCases":"/api/acts/migration-arrangements-for-resident-return-visa-applications-instrument-lin-22-019-2022/important-cases","documents":"/api/acts/migration-arrangements-for-resident-return-visa-applications-instrument-lin-22-019-2022/documents"}}