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Changes to Maritime Crew (Subclass 988) Visa to Enhance the Integrity of the Visa

27 October 2008 legislation change

Client summary

From 27 October 2008, the Migration Regulations 1994 (‘the Regulations’) are amended to provide for an assessment of genuineness in determining grant of a Maritime Crew (subclass 988) visa and to require that an applicant be in possession of a valid passport. The Regulations are also amended to allow for refusal of grant of a Maritime Crew (subclass 988) visa on the grounds that the applicant owes a debt to the Commonwealth. Finally, there is a technical amendment which directs the reader to the correct definition of a ‘non-military ship’ in the Regulations.

Affected legislation

The following provisions of the Regulations are amended:

  • Part 1 - Regulation 1.03(a)(ii)
  • Part 3 - Paragraph 3.01(2)(e)
  • Schedule 2 - Clause 988.222
  • Schedule 2 - new Clause 988.224
  • Schedule 2 - new Clause 988.225
  • Schedule 2 - Clause 988.322
  • Schedule 2 - new Clause 988.324
  • Schedule 8 - Item 8113.

Additional information:

Changes to the Maritime Crew (subclass 988) visa have been affected to allow for an assessment of the genuineness of applicants in order to avoid situations where a failure to provide additional information on request has previously rendered applications incomplete with no avenue in the Regulations for resolution. The amended Regulations allow for the resolution of applications that would formerly have remained inconclusive by virtue of formal requirements in the Regulations.

The amendments now make it a requirement that applicants for a Maritime Crew (subclass 988) visa hold a valid passport and that no applicant shall have an outstanding debt to the Commonwealth unless the Minister is satisfied that suitable arrangements to erase that debt are in place.

Finally, there has been a technical amendment to the Regulations, at reg 1.03, to remedy an erroneous cross-reference within the definition of ‘member of the crew’.

Transitional provisions:

The amendments apply to an application made on or after 27 October 2008. The amendments affect applications made before 27 October 2008 only if those applications have not been finally determined before 27 October 2008.

Forms: Application form 1273 and 1273 (internet) will be available from 27 October 2008.

Instructions: PAM3 will be amended to reflect these changes by 27 October 2008.