Migration Amendment (Status of Forces Agreement—Fiji and Timor-Leste) Regulations 2023 dated 16 February 2023 amends the Migration Regulations 1994 to specify members of the Fijian as well as the Timor-Leste armed forces and civilian component, and their dependants, who come under the SOFA (Status of Forces Agreement) to be taken to have been granted a Special Purpose visa (SPV) to travel to, enter and remain in Australia to carry out official duties.
Status of Forces Agreement relating to the cooperation between Australia and Fiji and Australia and Timor-Leste, were signed on 20 October 2022, and 7 September 2022, respectively. These Agreements come into force when final implementation steps are taken by the relevant countries. Under Article 24 of the Fiji Agreement and Article 5 the Timor-Leste Agreement, the SOFAs enter into force on the date on which the Parties exchange diplomatic notes informing each other that their respective internal procedures necessary to give effect to the Agreements have been completed.
In addition, under Fiji SOFA and Timor-Leste SOFA, there is a requirement of the receiving country to facilitate entry and stay of the visiting force, civilian components, and their dependants, to perform official duties under the SOFA, without the requirement to apply for a visa.
The Regulations implement the above stated requirement of Fiji SOFA and Timor-Leste SOFA by including members of the Fijian and Timor-Leste armed forces, civilian component personnel and their dependants, who hold the relevant documents, as classes of persons for the purposes of being taken to be granted a SPV. Members of the Fijian and Timor-Leste armed forces and civilian component would enter Australia to carry out official duties in accordance with the terms of the SOFA.
The instrument is registered on the Federal Register of Legislation on 20 February 2023 and commenced on 21 February 2023. It is currently in force.
To access the instrument, click here.
