To comply with this instrument, practitioners and applicants must observe both the substantive invalidity specifications and the procedural form and lodgement requirements set out in the instrument.
Step 1: Determine whether the applicant’s proposed pathway seeks to meet the Schedule 2 requirements by claiming adoption in Pakistan. Read paragraphs 2 and 3 alongside the instrument’s Schedule. If the application would "seek to meet the requirements" in subclause 102.211(2) (for item 1108) or subclause 802.213(5) (for item 1108A) by claiming to have been adopted in Pakistan at any time, the instrument makes the application "not a valid visa application". Therefore do not lodge that factual pathway for these items. Instead, consider whether the applicant can meet the requirements by some other pathway under the relevant Schedule 2 subclauses. The instrument itself does not provide alternative evidence standards; those must be sought in Schedule 2 of the Migration Regulations.
Step 2: Use the correct form. For items 1108 and 1108A, complete and lodge form 47CH. For item 1211, complete and lodge form 918. The table in paragraph 4 requires these specific form numbers. Ensure the form version being used is the current one required by the Department, and check that the compilation used (as at 5 March 2022 here) reflects any later LIN instruments that may have changed the forms.
Step 3: Lodge at the specified address and by the prescribed method. The application must either be 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 delivered by courier to:
Department of Home Affairs
Child and Other Family Processing Centre
Wellington Central
836 Wellington Street
WEST PERTH WA 6005
AUSTRALIA
The instrument requires posting with "sufficient pre-paid postage" or courier delivery. For posted lodgements from overseas, ensure postage covers return or certified posting where appropriate, keep tracking and proof of posting, and confirm that postal services handle Locked Bag addresses. For courier lodgements, confirm the courier can deliver to the Wellington Street address and retain tracking and delivery confirmation.
Step 4: Where the applicant is offshore, check reg 2.10(2). Notes appended to the table reference paragraph 2.10(2)(a) and (b) of the Regulations. If an applicant is outside Australia and Division 2.2 or the Schedule item prescribes where to make the application, follow those rules. If there are no such requirements, the fallback is to lodge at a diplomatic, consular or migration office abroad. Where this instrument specifies an Australian address for lodgement, however, follow this instrument’s lodgement prescription. Confirm location rules for offshore lodgement in the Migration Regulations.
Step 5: Avoid lodging an adoption-based claim from Pakistan for the cited Schedule 2 pathways. If the applicant has an adoption history in Pakistan, do not attempt to meet the cited Schedule 2 subclauses by asserting that adoption, because the instrument will render such an application not valid. Instead explore other eligibility pathways in Schedule 1 and Schedule 2 that do not depend on that adoption claim. If there is uncertainty about whether a particular fact pattern will be caught by the instrument, document legal advice and consider pre-lodgement enquiries with the Department where available.
Step 6: Retain documentary proof of compliance. Keep copies of the completed forms, postage receipts, courier tracking numbers, proof of delivery, and a clear record of any alternative evidence or pathways used to avoid reliance on the adoption-based route covered by the instrument. If the Department queries validity, those materials will evidence compliance with the form and lodgement requirements, and show whether the application relied on an adoption claim linked to Pakistan.
Step 7: Stay current with amendments. The compilation notes show paragraph 4 has been repealed and substituted and later amended by LIN instruments (LIN 20/049, LIN 20/179, LIN 22/017). Confirm that the form numbers, addresses and procedural prescriptions in this compiled text are current at the time of lodgement by checking the Federal Register of Legislation for any further amendments after 5 March 2022.
Step 8: Consider professional representation for complex cases. For clients with any adoption history, particularly involving Pakistan, consider using a migration agent or legal representative to verify whether the client’s case would be excluded by this instrument and to identify alternative eligibility pathways under the Migration Act and Regulations.
Step 9: Do not assume appeal rights flow from the instrument. The instrument does not create an express right of review for a determination that an application is "not a valid visa application". If a client believes an application has been wrongly treated as invalid, seek advice on review rights under the Migration Act, merits review provisions in relevant tribunals, and judicial review possibilities, none of which are created or modified by this instrument.
Step 10: Document decision-making and communications. If the Department communicates that an application is invalid under this instrument, preserve the correspondence, cite the instrument’s paragraphs and schedule, and obtain reasons where possible. The instrument does not require the Department to give reasons, but objective evidence of the Department’s view will be important if challenging the administrative handling of the matter through available legal avenues.
Following these steps will align an applicant’s conduct with the specifications in IMMI 2016/051 as compiled to 5 March 2022.