Migration (Afghanistan United Nations Security Council Resolution No. 1390) Regulations 2002 (Cth)

Migration (Afghanistan — United Nations Security Council Resolution No. 1390) Regulations 2002

Statutory Rules 2002 No. 2121

I, PETER JOHN HOLLINGWORTH, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Migration Act 1958.

Dated 5 September 2002

PETER HOLLINGWORTH

Governor-General

By His Excellency’s Command

PHILIP RUDDOCK

Minister for Immigration and Multicultural and

Indigenous Affairs

    

1Name of Regulations

These Regulations are the Migration (Afghanistan — United Nations Security Council Resolution No. 1390) Regulations 2002.

2Commencement

These Regulations commence on 1 November 2002.

3Definitions

In these Regulations:

Act means the Migration Act 1958.

Committee means the committee established under paragraph 6 of Resolution 1267.

UNSC-designated person means:

1. (a)

   Usama bin Laden; or

2. (b)

   a member of the Al-Qaida organisation; or

3. (c)

   a member of the Taliban; or

4. (d)

   an individual, or a member of a group, undertaking or entity, designated by the Committee in accordance with Resolution 1267 or Resolution 1333.

Resolution 1267 means Resolution 1267 (1999) of the United Nations Security Council.

Resolution 1333 means Resolution 1333 (2000) of the United Nations Security Council.

Resolution 1390 means Resolution 1390 (2002) of the United Nations Security Council.

4Application

These Regulations apply despite any provisions in other regulations made under the Act.

5Visas not to be granted to UNSC-designated persons

1. (1)

   This regulation applies in relation to an application for a visa of any class:

   1. (a)

      made, but not finally determined (within the meaning of subsection 5 (9) of the Act), before 1 November 2002; or

   2. (b)

      made on or after 1 November 2002.

2. (2)

   It is a criterion to be satisfied at the time of decision that the Minister is satisfied that the applicant is not a UNSC‑designated person.

3. (3)

   Subregulation (2) does not apply if:

   1. (a)

      the Minister is satisfied that the grant of the visa is necessary for the fulfilment of a judicial process; or

   2. (b)

      the Committee has made a determination, under subparagraph 2 (b) of Resolution 1390, that justifies the grant of the visa by Australia.

6Prescribed ground for cancelling visas (Act s 116)

1. (1)

   This regulation applies to a visa of any class granted before, on or after 1 November 2002.

2. (2)

   For paragraph 116 (1) (g) of the Act, the Minister may cancel a visa if the Minister is satisfied that the holder of the visa is a UNSC-designated person (whether or not the person was a UNSC-designated person at the time of decision for the grant of the visa).

3. (3)

   Subregulation (2) does not apply if:

   1. (a)

      the Minister is satisfied that the continuation of the visa is necessary for the fulfilment of a judicial process; or

   2. (b)

      the Committee has made a determination, under subparagraph 2 (b) of Resolution 1390, that justifies the continuation of the visa by Australia.

Note

1. Notified in the Commonwealth of Australia Gazette