Migration (IMMI 18/076: Arrangements for Other Family Visa Applications and New Zealand (Family Relationship) Visa Applications) Instrument 2018

A small set of concepts in the instrument governs how the arrangements operate. These concepts are invoked repeatedly and determine the immediate legal effect.

Approved form: For each relevant Schedule 1 item in the Migration Regulations 1994, the instrument "specifies the approved form in Column B of the table" (see ss 6(1), 7(1), 8(1)). The approved form is thus the form an applicant must use for that visa application, as listed in Column B. The instrument does not define the content of those forms beyond their identifiers: "47OF" for items 1123A and 1123B, and "147" for item 1214BA (Schedules 1-3, Column B). The instrument does not state version dates, retrieval points, or publication details for those approved forms.

Place and manner of application: For each relevant Schedule 1 item, the instrument "specifies" the place and the way in which an application must be made in Column C (see ss 6(2), 7(2), 8(2)). Column C provides the operative lodging pathways and addresses. For Class BO and Class BU items, Column C sets out two methods: (a) posting to a Locked Bag address for the Child and Other Family Processing Centre, Department of Home Affairs, Northbridge WA 6865; or (b) delivery by courier service to a named processing centre street address in West Perth WA (Schedules 1 and 2, Column C). For the Class UP item the Column C requirement is a postal lodgement to the New Zealand Family Relationship Processing Centre, Department of Home Affairs, GPO Box 9984, Sydney NSW 2001 (Schedule 3, Column C).

Instrument authority and scope: The instrument is delegated subordinate legislation made under a specified regulation in the Migration Regulations 1994, subregulation 2.07(5) (s 3). The instrument itself defines "Regulations" to mean the Migration Regulations 1994 (s 4). Section 5 frames the legal effect of items in Schedules, indicating that specified instruments may be amended or repealed as set out in a Schedule; within IMMI 18/076 the Schedules operate to set the arrangements.

Operational centre identity: The Schedules identify processing centres by name, for example "Child and Other Family Processing Centre" and "New Zealand Family Relationship Processing Centre". The addresses provided tie lodgement options to these named centres and to either postal or courier methods. The instrument uses precise address text in Column C; for some items the instrument offers both postal and courier pathways, for one item it specifies postal only.

Limitations in the instrument: The instrument confines itself to the specification of approved forms and place/manner of lodgement for enumerated Schedule 1 items. It does not itself set substantive eligibility criteria, fee arrangements, or decision‑making rules; those matters remain within the Migration Regulations 1994 and other legislative instruments. The instrument also does not incorporate administrative instructions, forms distribution channels, or procedural timeframes beyond the lodgement locational modalities and form identifiers.

This instrument affects a limited set of participants directly, and it has ancillary operational consequences for administrative units and service providers.

Primary affected persons: The principal persons affected are applicants seeking the visa classes tied to Schedule 1 items named in the instrument. Those are:

• applicants for Other Family (Migrant) (Class BO), linked to item 1123A of Schedule 1 to the Regulations (Schedule 1, Column A, item 1);
• applicants for Other Family (Residence) (Class BU), linked to item 1123B (Schedule 2, Column A, item 1);
• applicants for New Zealand Citizen (Family Relationship) (Temporary) (Class UP), linked to item 1214BA (Schedule 3, Column A, item 1).

For those applicants the instrument prescribes the specific approved form they must use (Column B) and the precise place and manner by which they must lodge their application (Column C) (see ss 6-8 and Schedules 1-3).

Administrative bodies and staff: The Department of Home Affairs processing centres named in the Schedules , for example "Child and Other Family Processing Centre" and "New Zealand Family Relationship Processing Centre" , are directly implicated operationally. The instrument fixes their role as registered lodgement points for the specified applications. Department employees who operate those centres will be responsible for receiving and processing lodgements made in accordance with the instrument.

Service providers: Postal services and private courier services are affected insofar as the instrument prescribes particular postal addresses and, for BO and BU items, provides a courier delivery address option. The instrument distinguishes between "posted to" and "delivered by courier service", thereby assigning different acceptance methods to different physical addresses (Schedules 1-3, Column C).

Other legal actors: While not named in the instrument, legal advisers, migration agents and other representatives who prepare and lodge applications are affected practically because their compliance obligations change: they must ensure use of the specified approved form and deliver applications to the addresses and by the modalities listed. The instrument does not, however, confer any new representational or decision‑making rights on these actors; it simply prescribes form and lodgement route.

Absent persons or entities: The instrument does not make substantive changes to eligibility criteria, fees or decision processes; accordingly, other categories of stakeholders who influence visa outcomes (for example, external reviewers or judicial bodies) are not directly altered by the text of IMMI 18/076. The instrument does not itself create or remove penalties, nor does it alter the underlying statutory criteria in the Regulations.

The instrument imposes narrowly framed duties on applicants and defines, by implication, the operational duties of the Department. It does not create new substantive rights for applicants nor specify enforcement mechanisms within its text.

Applicant duties: For each of the three named Schedule 1 items, an applicant has a duty to make their application using the approved form specified in Column B of the relevant Schedule table (see ss 6(1), 7(1), 8(1); Schedules 1-3, Column B). The applicant also must lodge the application in the place and manner specified in Column C of the relevant Schedule table (see ss 6(2), 7(2), 8(2); Schedules 1-3, Column C). Concretely, applicants for items 1123A and 1123B must use form 47OF and either post to Locked Bag 7, Northbridge WA 6865 or deliver by courier to the Wellington Central, West Perth street address (Schedules 1 and 2, Column C). Applicants for item 1214BA must use form 147 and post to GPO Box 9984, Sydney NSW 2001 (Schedule 3, Column C). These are express operational duties specified by the instrument.

Departmental duties: The instrument assigns the Department of Home Affairs processing centres as the designated lodgement points. Implicitly, the Department must accept and process applications lodged at the specified addresses using the specified forms. The instrument names the processing centres and provides addresses to which applicants are required to post or courier their forms. Section 5 contemplates that instruments specified in Schedules may be amended or repealed as set out in those Schedules; that framework creates a duty on the Department, in implementation, to recognise and act in accordance with the arrangements recorded in the instrument.

Rights within the instrument: The instrument does not articulate substantive applicant rights such as review rights, timeframes for processing, or fee waivers. Rights arising from an application will therefore continue to flow from the Migration Regulations 1994 and other statutory instruments, not from IMMI 18/076 itself. The instrument does, however, create a procedural entitlement in the form of discrete lodging pathways: where an applicant follows the requirements in the relevant Schedule, their application will have been lodged in the place and manner required by the Regulations as specified by this instrument (ss 6-8).

Gaps and implied obligations: The instrument does not specify the versions or publication locations of approved forms 47OF and 147, nor does it state whether electronic lodgement is permitted. Where the instrument prescribes postal lodging only, such as for item 1214BA, applicants have the implied duty to adhere to that modality if they wish their application to be in the place and manner required by Schedule 1 of the Regulations (s 8(2); Schedule 3, Column C). Whether a failure to use the specified form or lodge at the specified address has the legal consequence of invalidity or refusal is not set out in IMMI 18/076; those consequences will be determined under the Migration Regulations and the decision‑making framework those Regulations provide.

IMMI 18/076 does not itself create penalty offences, monetary sanctions, or an express enforcement regime. The instrument focuses on procedural arrangements , specifying approved forms and the place and manner of lodgement for particular Schedule 1 items , and leaves substantive enforcement mechanisms to the principal Regulations and existing administrative frameworks.

Absence of penalty clauses: The instrument text contains no provisions imposing penalties, fines or criminal sanctions. There are no specified enforcement authorities within the instrument beyond the Department of Home Affairs processing centres being designated lodgement points (see ss 6-8 and Schedules 1-3). Section 5 addresses how instruments specified in a Schedule are to be amended or repealed, but it does not add enforcement mechanisms.

Consequences implicit in lodging requirements: The instrument prescribes the manner and place an application "must be made" for certain Schedule 1 items (ss 6(2), 7(2), 8(2)). That framing indicates compliance with the specified form and lodgement modalities is required to meet the procedural conditions identified in Schedule 1 to the Regulations. The instrument itself does not state the consequence of non‑compliance. Whether an incorrectly lodged application is treated as not having been made, is returned, or is processed despite deviation will depend on the Migration Regulations and departmental procedures; IMMI 18/076 does not resolve those consequences.

Enforcement actors and practical enforcement: Operational enforcement of the lodgement rules will fall to the Department of Home Affairs staff responsible for the processing centres named in the Schedules. They will determine acceptance of mailed and couriered lodgements at the addresses provided. The instrument gives the Department the legal authority, as the recipient designated by this instrument, to require compliance with its lodgement prescriptions for the three named items. The instrument itself does not, however, enumerate how the Department must act if applications arrive at a different address, are on a different form, or are lodged by an alternative method.

Interaction with statutory decision frameworks: Any penalties, adverse administrative outcomes or remedial measures arising from incorrect lodgement practice must be derived from the Migration Regulations 1994 or other statutory instruments rather than IMMI 18/076. The instrument is subordinate legislation that implements only part of the procedural architecture; enforcement and sanctioning powers are therefore matters for the principal Regulations and for statutory decision‑makers operating under them.

IMMI 18/076 is explicitly a subordinate instrument that operates in relation to the Migration Regulations 1994. Its interaction with other laws is limited by the text to that relationship and to the practical operation of departmental processing.

Statutory foundation: The instrument is made under subregulation 2.07(5) of the Migration Regulations 1994 (s 3). It defines "Regulations" to mean the Migration Regulations 1994 (s 4). Accordingly, the instrument functions as delegated legislation that specifies procedural components required by Schedule 1 to the Regulations for certain visa items. The instrument therefore modifies the procedural landscape within the statutory framework of the Regulations rather than altering substantive immigration criteria.

Link to Schedule 1 items: IMMI 18/076 supplies the approved form and place/manner for items 1123A, 1123B and 1214BA of Schedule 1 to the Regulations (see ss 6-8). Those items remain the legal instruments setting out the substantive categories and the statutory hooks for eligibility, but IMMI 18/076 supplies the procedural detail required by paragraph references in those Schedule 1 items. The instrument does not change the text of Schedule 1 items themselves; it provides the specified particulars that the Regulations require to be declared by delegated instrument.

Schedules and their effect on other instruments: Section 5 states that "Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms" (s 5). Within IMMI 18/076 the Schedules do not set out express amendments to other instruments; instead they set out arrangements as tables for specified visa items. Where a Schedule did purport to amend or repeal another instrument, s 5 would operate to give effect to that change. As drafted, the operative interaction is that IMMI 18/076 supplements the Regulations by providing the particulars those Schedule 1 items require.

Administrative and procedural law: The instrument situates procedural obligations for applicants that will be implemented within the Department of Home Affairs administrative apparatus. Any interactions with administrative law principles , for example procedural fairness or variation of departmental practice , would arise at the level of departmental decision‑making under the Migration Regulations. IMMI 18/076 itself does not provide a complaints or review mechanism; such mechanisms must be located in the Regulations or other legal instruments.

Other statutory regimes: The instrument makes no express reference to other statutes, such as postal law, privacy law, or customs and quarantine measures. However, by specifying postal and courier addresses, the instrument's practical application will interact in practice with the operations of postal and courier services, and with any laws that regulate physical delivery or handling of documents. Those interactions are operational rather than legislative within the text of IMMI 18/076.

Temporal and hierarchical relationships: Because IMMI 18/076 is subordinate to the Migration Regulations 1994, the Regulations govern the substantive visa rules and any inconsistencies between this instrument and the Regulations would be resolved in favour of the Regulations. The instrument’s role is therefore to provide the detail that the Regulations leave to delegated instrument , approved form and place/manner of lodgement for particular Schedule 1 items.

The instrument itself establishes its name and citation details, and indicates how Schedules operate, but the text contains minimal historical material beyond its naming.

Instrument name and citation: Section 1 provides the instrument name and alternative citation. It states that "This instrument is the Migration (IMMI 18/076: Arrangements for Other Family Visa Applications and New Zealand (Family Relationship) Visa Applications) Instrument 2018" and that "This instrument may also be cited as IMMI 18/076" (s 1(1)-(2)). Those provisions identify the instrument and link it to a calendar year designation, 2018, and an internal instrument identifier IMMI 18/076.

Amendment and repeal mechanism: Section 5 sets out a general rule for the effect of any Schedule that specifies another instrument. It says in plain terms: "Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms" (s 5). Within the present instrument, the Schedules furnish arrangements rather than express amendments or repeals of other instruments. Nonetheless s 5 establishes the mechanism by which any Schedule entry that purports to amend or repeal a different instrument would take effect.

Internal structure of Schedules: The three Schedules in IMMI 18/076 are titled as arrangements for particular visa application classes. They each contain a table with columns labelled Column A (Item and Visa), Column B (Approved Form) and Column C (Place and Manner). There are single entries in each Schedule (Schedules 1-3, item 1). For Schedules 1 and 2 the approved form is 47OF and the place/manner entries are materially identical; for Schedule 3 the approved form is 147 and the place/manner entry designates a GPO Box Sydney posting. The instrument does not record any prior instruments that it replaces or modifies.

Absence of sequential amendments recorded in the text: The instrument contains no explicit history of prior versions or amendments to itself within the four corners of the text provided. It does not list rescissions, transitional provisions or savings clauses. No earlier or later amending instruments are specified within the text. Apart from the naming convention indicating 2018 and IMMI 18/076, the instrument does not set out a chronology of change.

Practical note on future amendments: Because s 5 contemplates amending or repealing instruments through Schedule entries, future iterations of similar instruments may follow the same structural approach. However, IMMI 18/076 itself contains no further amendment history or dates beyond the name and citation in s 1.

The instrument does not contain or reference any litigation history. It does not cite court decisions, tribunals, or judicial interpretations. The text includes no report of any legal challenge, declaratory proceedings, or administrative review outcomes associated with its provisions. There are no named cases in the instrument and no internal references to judgments.

What the instrument does reveal that could give rise to litigation themes: While the instrument itself is silent on litigation, the content and the procedural choices it makes could give rise to administrative or statutory interpretation disputes in practice. Examples of such issues, framed as areas where litigation might arise rather than as existing litigation, include:

• interpretation of the statutory requirement that an application "must be made" in the "place and the way" specified in Column C (see ss 6(2), 7(2), 8(2)). Questions could arise over whether an application received by the Department at a different address or by an alternative method meets the statutory requirement; IMMI 18/076 does not state the legal consequence of non‑conformity;
• the meaning and currency of the "approved form" identifiers (47OF, 147) in Column B. Disputes might arise over whether an applicant who uses an earlier version of an approved form, or a form with minor deviations, has complied with the instrument. The instrument does not specify form versions or provide a retrieval point (see ss 6(1), 7(1), 8(1));
• the difference in lodging options between the BO/BU items (which specify both postal and courier delivery) and the UP item (which specifies postal only). This differential could be disputed in a case where delivery options affect an applicant's capacity to lodge on time or at all.

Administrative law challenges could focus on whether the Department's practical application of the instrument, for example returning or refusing to accept an application lodged at an unintended address, complies with the statutory framework of the Migration Regulations and with standards of procedural fairness. IMMI 18/076 itself does not set out remedial pathways; any litigation would therefore likely engage the underlying Regulations and established administrative law principles.

Absence of published case law within the instrument: Because IMMI 18/076 contains no litigation history, any researcher or practitioner seeking cases that interpret these provisions will need to look beyond the instrument text to decisions under the Migration Regulations where the specified forms or lodgement places are in issue. The instrument does not provide such references.

The instrument is short and specific but contains several potential practical pitfalls and sources of uncertainty that practitioners need to note precisely as they appear in the text.

Different lodging modalities between visa classes: For the Other Family (Migrant) (Class BO) and Other Family (Residence) (Class BU) items (1123A and 1123B), Column C specifies two lodgement methods: posting to a Locked Bag address, or delivery by courier to a street address (Schedules 1 and 2, Column C). For the New Zealand (Family Relationship) (Temporary) (Class UP) item (1214BA), Column C specifies only posting to a GPO Box (Schedule 3, Column C). This difference is material for applicants who require courier delivery; the instrument explicitly provides courier delivery only for the BO and BU items.

Exactness of addresses and authorised centres: The Schedules identify processing centres by name and provide full addresses. The recipient entries read, for example, "Child and Other Family Processing Centre Department of Home Affairs Locked Bag 7 Northbridge WA 6865" and "Child and Other Family Processing Centre Department of Home Affairs Ground Floor Wellington Central 836 Wellington Street West Perth WA 6005" (Schedules 1 and 2, Column C). Any small inaccuracy in the address used by an applicant could be contested operationally by the Department; IMMI 18/076 itself does not offer a margin for error or alternative acceptance points.

Form numbering and absence of versioning: The instrument identifies approved forms by number alone , 47OF for BO and BU, and 147 for UP (Schedules 1-3, Column B). There is no version date, version number or publication reference in the instrument. If multiple editions of an approved form exist, the instrument does not indicate which edition is required. Using a different edition may create a dispute over compliance; the instrument is silent on whether such deviations are fatal to an application's validity.

Ambiguity in "posted to" versus "delivered by courier service": The instrument uses the phrase "Application must be: (a) posted to: [Locked Bag address]; or (b) delivered by courier service to: [street address]" for BO and BU (Schedules 1 and 2, Column C). The legal and practical distinction between "posted to" and "delivered by courier service to" can be significant because postal services and courier services operate under different procedures and tracking regimes. For the UP item the instrument states simply "An application must be posted to: [GPO Box]" (Schedule 3, Column C), which leaves no courier alternative.

No provision for electronic lodgement or in‑person acceptance beyond the specific courier/posted routes: IMMI 18/076 does not provide for electronic submission of the specified forms nor does it state that in‑person delivery to a counter is acceptable. The only expressly authorised methods are those stated in Column C for each Schedule. Applicants relying on alternative methods not listed in the instrument may therefore risk non‑compliance.

No guidance about supporting documents, fees or timing: The instrument is narrowly limited to approved form and place/manner of lodgement. It does not address whether supporting documents must be attached, how fees are to be paid, or whether there are timing consequences tied to posting dates versus delivery dates. These matters fall back to the Migration Regulations or departmental policies, but the instrument itself gives no transitional or clarifying text.

Potential changes in processing centre names or addresses: Because the instrument fixes a named processing centre and a particular address, any later departmental relocation or reorganisation would require an amendment to the instrument or an alternative instrument to reflect new lodgement points. Until such an amendment is made, the instrument's specified addresses are the operative lodgement points.

Language and formatting variety across Schedules: The Schedules use slightly different phrasing for the New Zealand item compared with the Other Family items. Practitioners should not assume uniform wording; instead, they should read each Schedule entry carefully to apply the precise lodgement requirement for the relevant item.

Compliance under IMMI 18/076 requires adherence to two concrete elements for each named Schedule 1 item: use of the correct approved form and lodgement at the designated place by the specified method. The steps below reflect what the instrument requires in statutory terms.

Step 1 , identify the relevant Schedule 1 item in the Regulations: Confirm which Schedule 1 item in the Migration Regulations 1994 applies to the application at hand: 1123A (Other Family (Migrant) (Class BO)), 1123B (Other Family (Residence) (Class BU)), or 1214BA (New Zealand Citizen (Family Relationship) (Temporary) (Class UP)). IMMI 18/076 supplies the approved form and the place/manner only for those specific items (ss 6-8; Schedules 1-3, Column A).

Step 2 , use the approved form specified in Column B: For items 1123A and 1123B, prepare the application on approved form 47OF. For item 1214BA, prepare the application on approved form 147 (Schedules 1-3, Column B; ss 6(1), 7(1), 8(1)). The instrument does not state versioning or where to obtain the form; therefore, ensure you obtain the current forms referenced by your usual statutory or departmental channels and check that the form identifiers match exactly.

Step 3 , assemble required attachments in accordance with the Regulations: While IMMI 18/076 specifies only the form and lodgement point, ensure the submission includes any supporting documents, declarations and fee payments required by the Migration Regulations 1994 for the relevant Schedule 1 item. Those substantive requirements are not set out in this instrument and must be sourced from the Regulations or departmental guidance.

Step 4 , lodge the application at the place and in the manner specified in Column C:

• For items 1123A and 1123B (47OF): either (a) post the completed application to: Child and Other Family Processing Centre, Department of Home Affairs, Locked Bag 7, Northbridge WA 6865; or (b) arrange delivery by courier service to: Child and Other Family Processing Centre, Department of Home Affairs, Ground Floor, Wellington Central, 836 Wellington Street, West Perth WA 6005 (Schedules 1 and 2, Column C).
• For item 1214BA (147): post the completed application to: New Zealand Family Relationship Processing Centre, Department of Home Affairs, GPO Box 9984, Sydney NSW 2001, Australia (Schedule 3, Column C).

Step 5 , retain proof of lodgement: Where practical, retain and preserve proof of postage or courier delivery receipts and tracking information. The instrument prescribes postal and courier methods as the authorised lodgement modes; consequently, documentary proof of dispatch or delivery will be essential to evidence that an application was made in the place and manner specified.

Step 6 , match the lodgement timing to statutory timeframes: IMMI 18/076 does not specify timeframes or whether the date of dispatch or receipt governs timeliness. To comply with any statutory deadlines in the Regulations, ensure you interpret and apply the relevant timing rules in the Migration Regulations 1994. Where timing is critical, prefer methods that provide evidence of date of posting or delivery.

Step 7 , ensure correct recipient identity: Use the exact processing centre name and address as printed in the Schedule entry. Do not substitute alternative titles or addresses unless and until the Regulations or a subsequent instrument expressly authorises a different lodgement point.

Step 8 , verify currentness before lodging: IMMI 18/076 does not record versioning of the approved forms nor does it provide continuing updates. Before lodging, practitioners should confirm that forms 47OF or 147 are still the correct "approved form" identifiers for the relevant Schedule 1 items under the Migration Regulations and that the listed addresses remain current under departmental arrangements. The instrument itself establishes the required forms and addresses at the time it takes effect; it does not provide a mechanism for electronic acceptance, so verify alternatives only where an instrument or the Regulations permit them.

Step 9 , address any non‑standard circumstances: If an applicant cannot physically post or arrange courier delivery to the specified addresses (for example due to geographic constraints or disability), the instrument itself does not provide alternative modalities. In such circumstances, consider the rules in the Migration Regulations or department guidance to determine permissible alternatives before proceeding.

Step 10 , integrate lodgement with broader procedural compliance: Treat compliance with IMMI 18/076 as a procedural precondition to making a properly constituted application under the Migration Regulations for the named Schedule 1 items. Failure to use the approved form or lodge at the specified place and in the specified manner may result in an application being held not to meet the procedural requirements embedded in the Regulations; the legal consequences of such failure will be governed by the Migration Regulations and by departmental discretion.