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FRLI ID: F2012L02381
Portfolio: Immigration and Citizenship
Committee view
2.2
The committee seeks clarification from the Minister for Immigration and
Citizenship in relation to:
(a) whether the increase in visa application charges for partner visas (by
30%) may impact on the right to a family life in articles 17 and 23 of the
International Covenant on Civil and Political Rights (ICCPR); and
(b) whether any safeguards apply to ensure that contractors, who are not
immigration officers, exercising powers to collect personal identifiers
offshore consistent with the right to privacy in article 17 of the ICCPR.
Overview
2.3
This regulation amends the Migration Regulations 1994 to:
- clarify when a bridging visa held in association with an invalid merits
review application ceases;
- increase the visa application charge for various visa subclasses; and
- enable the collection of personal identifiers (facial photographs and
fingerprints) from visa applicants who are outside Australia by an officer who
is located outside Australia or to a person in a class of persons specified by
the Minister in an instrument in writing.
Compatibility with human rights
2.4
The statement of compatibility states that the regulation does not
engage any human rights.
2.5
The right to a family life in articles 17 and 23 of the ICCPR may be
engaged by the substantial increase in the visa application charges for partner
visas, if it can be seen as imposing a barrier on family reunification. Powers
of contractors, who are not immigration officers, to collect personal
identifies offshore may also engage the right to privacy under article 17 of
the ICCPR.
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