This instrument is the Migration (IMMI 17/053: Specification of Transit Passengers Having Prescribed Status – Special Purpose Visas) Instrument 2017
Key Words: transit
- Instrument IMMI 17/053 is made under paragraph 2.40(1)(n) of the Migration Regulations 1994 (the Regulations).
- The Instrument repeals IMMI 15/057 (F2015L00790) under paragraph 2.40(1)(n) of the Regulations and in accordance with subsection 33(3) of the Acts Interpretation Act 1901, which states that where an Act confers a power to make, grant, or issues any instrument of a legislative or administrative character, the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend or vary such an instrument.
- The Instrument operates for the Minister to specify under paragraph 2.40(1)(n) the classes of persons which a transit passenger must belong to in order to have a prescribed status for the purposes of being granted a special purpose visa.
- Non-citizens who hold a prescribed status include transit passengers who are citizens of specified foreign countries. This instrument has been updated to also include official passport holders from India as a specified class of persons.
- Transit passengers from the specified countries are taken to have been granted a Special Purpose Visa and are able to access “Transit Without Visa” arrangements.