Migration Amendment (Conversion of Protection Visa Applications) Regulation 2015 (Cth)

Migration Amendment (Conversion of Protection Visa Applications) Regulation 2015

Select Legislative Instrument No. 164, 2015

I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation.

Dated 17 September 2015

Peter Cosgrove

Governor‑General

By His Excellency’s Command

Peter Dutton

Minister for Immigration and Border Protection

Contents

1............ Name.................................................................................................. 1

2............ Commencement.................................................................................. 1

3............ Authority............................................................................................ 1

4............ Schedules............................................................................................ 1

Schedule 1—Amendments                                                                            2

Migration Regulations 1994                                                                    2

1Name

This is the Migration Amendment (Conversion of Protection Visa Applications) Regulation 2015.

2Commencement

(1)Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1.  The whole of this instrument	The day after this instrument is registered.	19 September 2015

Note:This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

(2)Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3Authority

This instrument is made under the Migration Act 1958.

4Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Amendments

Migration Regulations 1994

1  Subparagraph 2.08F(3)(b)(i)

Omit “Tribunal”, substitute “Administrative Appeals Tribunal”.

2  Subparagraph 2.08F(3)(b)(iii)

Repeal the subparagraph, substitute:

(ii) the Administrative Appeals Tribunal remits a matter in relation to the pre‑conversion application in accordance with paragraph 43(1)(c) of the Administrative Appeals Tribunal Act 1975;

                           (iii)  a court orders the Minister to reconsider the pre‑conversion application in accordance with the law;

                           (iv)  a court declares or concludes (with or without formal declaration) that a decision of the Minister in relation to the pre‑conversion application is invalid, void or of no effect;

                            (v)  a court quashes a decision of the Minister in relation to the pre‑conversion application.

3  At the end of regulation 2.08F

Add:

            (4)  To avoid doubt, for the purposes of subregulation (3), the Minister is taken not to have made a decision in relation to a pre‑conversion visa application under section 65 of the Act if, before 16 December 2014:

(a) the Minister had made a decision in relation to the pre‑conversion application under section 65 of the Act; and

                    (b)  one of the following events occurred after the Minister made that decision:

(i) the Refugee Review Tribunal remitted a matter in relation to the pre‑conversion application in accordance with paragraph 415(2)(c) of the Act;

(ii) the Administrative Appeals Tribunal remitted a matter in relation to the pre‑conversion application in accordance with paragraph 43(1)(c) of the Administrative Appeals Tribunal Act 1975;

                           (iii)  a court ordered the Minister to reconsider the pre‑conversion application in accordance with the law;

                           (iv)  a court declared or concluded (with or without formal declaration) that a decision of the Minister in relation to the pre‑conversion application was invalid, void or of no effect;

                            (v)  a court quashed a decision of the Minister in relation to the pre‑conversion application; and

                    (c)  after the occurrence of the event mentioned in paragraph (b), the Minister had not made another decision in relation to the pre‑conversion application.

Note:       This regulation commenced on 16 December 2014.

4  Schedule 13

Insert in its appropriate numerical position:

Part 46—Amendments made by the Migration Amendment (Conversion of Protection Visa Applications) Regulation 2015

4601  Operation of Schedule 1

The amendments of these Regulations made by Schedule 1 to the Migration Amendment (Conversion of Protection Visa Applications) Regulation 2015 (the amending regulation) apply in relation to any pre‑conversion application (within the meaning of subregulation 2.08F(1)) including, but not limited to, a pre‑conversion application that is the subject of a proceeding in any court that has not been concluded immediately before the commencement of Schedule 1 to the amending regulation.