Migration Amendment Regulations 1999 (No. 6) (Cth)
Migration Amendment Regulations 1999 (No. 6)
Statutory Rules 1999 No. 81
I, WILLIAM PATRICK DEANE, 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 28 May 1999.
WILLIAM DEANE
Governor-General
By His Excellency’s Command,
PHILIP RUDDOCK
Minister for Immigration and Multicultural Affairs
made under the
Page
• • • • •
These regulations are the
Migration Amendment Regulations 1999 (No. 6) .
These regulations commence as follows:
(a) on 31 May 1999 — regulations 1, 2, 3 and 4 and Schedules 1 and 2;
(b) on 1 June 1999 — regulation 5, subregulation 6 (1) and Schedule 3;
(c) on 1 July 1999 — subregulations 6 (2) and (3) and Schedule 4;
(d) on 1 September 1999 — Schedules 5 and 6.
Schedule 1 amends the
Migration Amendment Regulations 1999 (No. 4).
Schedule 2 amends the
Migration Amendment Regulations 1999 (No. 5) .
Schedules 3 to 6 amend the
Migration Regulations 1994 .
(1) The amendment made by item [301] of Schedule 3 applies in relation to an application made on or after 1 June 1999.
(2) The amendments made by items [4302] to [4306] of Schedule 4 apply to an application made on or after 1 July 1999.
(3) The amendments made by item [4103] and items [4401] to [4403] of Schedule 4 apply to applications:
(a) made, but not finally determined (within the meaning of subsection 5 (9) of the Act), before 1 July 1999; or
(b) made on or after 1 July 1999.
(regulation 3)
substitute
[1120] Subregulation 4.13 (1)
substitute
(1) Subject to this regulation, the fee for an application for review of a decision by the Tribunal is $1,400.
substitute
[2119] Paragraph 5.19 (4) (d)
omit applicant
insert employee
[103] Schedule 2, item [2307], new paragraph 155.211 (b)
omit immediately before last leaving Australia,
[104] Schedule 2, item [2314], new paragraph 157.211 (b)
omit immediately before last leaving Australia,
(regulation 4)
[201] Amendments of Schedule 1 — visa application charges
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(regulation 5)
[301] Schedule 2, subparagraph 050.612A (2) (a) (iv)
substitute
(iv) subclause 050.212 (6);
(v) subclause 050.212 (9); and
(regulation 5)
[4101] Regulation 1.03, definition of approved appointment
substitute
approved appointment means a nominated position that is approved under subregulation 5.19 (1B).
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omit
omit sponsor.
insert sponsor;
insert
(e) a decision under subregulation 5.19 (1B) to reject an application for approval of a nominated position.
omit relates.
insert relates;
insert
(d) in the case of a decision mentioned in paragraph (4) (e) — the employer to whose nomination of a position the decision relates.
substitute
5.19 Approval of nominated positions (employer nomination)
substitute
(1) An employer may apply to the Minister for approval of a nominated position as an
approved appointment .(1A) Application must be:
(a) made in accordance with approved form 785 or 1054; and
(b) accompanied by the fee prescribed in regulation 5.37.
(1B) The Minister may, by signed instrument, approve or reject an application.
(1C) However, the Minister must approve an application if:
(a) the application is made in accordance with subregulation (1A); and
(b) the nominated position is the subject of an employer nomination that meets the requirements of subregulation (2) or (4).
(1D) As soon as practicable after deciding an application, the Minister must give the employer:
(a) a copy of the instrument approving or rejecting the application; and
(b) if the application is rejected:
(i) a written statement of the reasons why the application was rejected; and
(ii) a written statement that the decision is an MRT-reviewable decision.
Note Division 4.1 deals with review of decisions. Paragraph 4.02 (4) (e) provides that a decision under subregulation 5.19 (1B) to reject an application is an
MRT-reviewable decision. MRT-reviewable decision is defined in Division 2 of Part 5 of the Act.
omit applicant
insert employee
omit proposed employment appointment
insert nominated position
omit under that appointment:
insert in that position:
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substitute 121.221The appointment mentioned in paragraph 121.211 (2) (a) or (3) (a) is an approved appointment.
after the Minister is satisfied that the applicant
insert has substantial business, cultural, employment or personal ties with Australia which are of benefit to Australia, and the applicant
substitute
(a) has not been absent from Australia for a continuous period of 5 years or more immediately before the application for the visa, unless there are compelling reasons for the absence, and the applicant:
(i) holds a permanent visa; or
(ii) last departed Australia as an Australian permanent resident; or
(iii) last departed Australia as an Australian citizen, but has subsequently lost or renounced Australian citizenship; or
omit has not been absent from Australia for a continuous period of 5 years or more immediately before the application for the visa, unless there are compelling reasons for the absence.
insert was an Australian citizen, or an Australian permanent resident, less than 10 years before the application, and has not been absent from Australia for a period of, or periods that total, more than 5 years in the period from the date that the applicant last departed Australia as an Australian citizen or Australian permanent resident to the date of the application, unless there are compelling reasons for the absence.
omit or (3)
insert , (3) or (3A)
omit
(b) a shorter period determined by the Minister.
substitute 805.222 If the application is based on satisfaction of the criteria in subclause 805.213 (3) or (4), the appointment mentioned in paragraph 805.213 (3) (a) or (4) (a) is an approved appointment.
substitute
(c) is not a person who has a disease or condition to which the following subparagraphs apply:
(i) the disease or condition is such that a person who has it would be likely to:
(A) require health care or community services; or
(B) meet the medical criteria for the provision of a community service;
during the period of the applicant’s proposed stay in Australia;
(ii) provision of the health care or community services relating to the disease or condition would be likely to:
(A) result in a significant cost to the Australian community in the areas of health care and community services; or
(B) prejudice the access of an Australian citizen or permanent resident to health care or community services;
regardless of whether the health care or community services will actually be used in connection with the applicant; and
substitute
(c) subject to subclause (2), is not a person who has a disease or condition to which the following subparagraphs apply:
(i) the disease or condition is such that a person who has it would be likely to:
(A) require health care or community services; or
(B) meet the medical criteria for the provision of a community service;
during the period of the applicant’s proposed stay in Australia;
(ii) provision of the health care or community services relating to the disease or condition would be likely to:
(A) result in a significant cost to the Australian community in the areas of health care and community services; or
(B) prejudice the access of an Australian citizen or permanent resident to health care or community services;
regardless of whether the health care or community services will actually be used in connection with the applicant; and
substitute
(c) subject to subclause (2), is not a person who has a disease or condition to which the following subparagraphs apply:
(i) the disease or condition is such that a person who has it would be likely to:
(A) require health care or community services; or
(B) meet the medical criteria for the provision of a community service;
during the period of the applicant’s proposed stay in Australia;
(ii) provision of the health care or community services relating to the disease or condition would be likely to:
(A) result in a significant cost to the Australian community in the areas of health care and community services; or
(B) prejudice the access of an Australian citizen or permanent resident to health care or community services;
regardless of whether the health care or community services will actually be used in connection with the applicant; and
(regulation 5)
[5101] Regulation 1.03, definition of guest of Government
substitute
guest of Government means:
(a) an official guest of the Australian government; or
(b)a spouse or dependant relative of a person mentioned in paragraph (a) who is accompanying that person; or
(c) a member of the personal or official staff of a person mentioned in paragraph (a), being a staff member who is accompanying the guest; or
(d) a media representative accompanying the official party of a person mentioned in paragraph (a).
substitute (1) Each member of the family unit of the applicant who is an applicant for a Subclass 103 visa is a person who:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010; and
(b) if he or she has previously been in Australia, satisfies special return criteria 5001, 5002 and 5010.
substitute In this Part:
degree has the meaning given in subregulation 2.26 (5).
designated area means an area specified by Gazette Notice as a designated area for item 6701 in Schedule 6.
diploma has the meaning given in subregulation 2.26 (5).
medical practitioner includes a specialist medical practitioner.
relevant Australian authority has the meaning given in subregulation 2.26 (5).
trade certificate has the meaning given in subregulation 2.26 (5).
usual occupation has the meaning given in subregulation 2.26 (5).
Note 1 ForOccupations Requiring English List , see r 1.19.
Note 2 Forvocational English , see r 1.15B.
substitute (1) Each member of the family unit of the applicant who is an applicant for a Subclass 127 visa is a person who:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010; and
(b) if he or she has previously been in Australia, satisfies special return criteria 5001, 5002 and 5010.
substitute (1) Each member of the family unit of the applicant who is an applicant for a Subclass 131 visa is a person who:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010; and
(b) if he or she has previously been in Australia, satisfies special return criteria 5001, 5002 and 5010.
substitute (1) In this Part:
eligible New Zealand citizen includes a person who, throughout the period from 1 September 1992 to 31 August 1994 (inclusive):
(a) was a New Zealand citizen; and
(b) was normally resident in Australia; and
(c) was an exempt non-citizen; and
(d) met the requirements of subclauses (2) and (3).
Subclass 209 visa means:
(a) a Subclass 209 (Citizens of the Former Yugoslavia (Displaced Persons)) visa; or
(b) a Class 209 (citizens of former Socialist Federal Republic of Yugoslavia — displaced persons (special assistance)) visa within the meaning of the Migration (1993) Regulations; or
(c) a Croatians, Slovenians and Yugoslavs — displaced persons (special assistance) visa (code number 209) within the meaning of the Migration (1989) Regulations; or
(d) a transitional (permanent) visa granted on the basis of an application for a visa mentioned in paragraph (b) or (c).
omit
substitute (1) In this Part:
eligible New Zealand citizen includes a person who, throughout the period from 1 September 1992 to 31 August 1994 (inclusive):
(a) was a New Zealand citizen; and
(b) was normally resident in Australia; and
(c) was an exempt non-citizen; and
(d) met the requirements of subclauses (2) and (3).
Subclass 211 visa means:
(a) a Subclass 211 (Burmese in Burma) visa; or
(b) a Class 211 (Burmese (special assistance)) visa within the meaning of the Migration (1993) Regulations; or
(c) a Burmese (special assistance) visa (code number 211) within the meaning of the Migration (1989) Regulations; or
(d) a transitional (permanent) visa granted on the basis of an application for a visa mentioned in paragraph (b) or (c).
omit
substitute (1) In this Part:
eligible New Zealand citizen includes a person who, throughout the period from 1 September 1992 to 31 August 1994 (inclusive):
(a) was a New Zealand citizen; and
(b) was normally resident in Australia; and
(c) was an exempt non-citizen; and
(d) met the requirements of subclauses (2) and (3).
Subclass 212 visa means:
(a) a Subclass 212 (Sudanese) visa; or
(b) a Class 212 (Sudanese (special assistance)) visa within the meaning of the Migration (1993) Regulations; or
(c) a Sudanese (special assistance) visa (code number 212) within the meaning of the Migration (1989) Regulations; or
(d) a transitional (permanent) visa granted on the basis of an application for a visa mentioned in paragraph (b) or (c).
omit
substitute (1) In this Part:
eligible New Zealand citizen includes a person who, throughout the period from 1 September 1992 to 31 August 1994 (inclusive):
(a) was a New Zealand citizen; and
(b) was normally resident in Australia; and
(c) was an exempt non-citizen; and
(d) met the requirements of subclauses (2) and (3).
substitute (1) In this Part:
eligible New Zealand citizen includes a person who, throughout the period from 1 September 1992 to 31 August 1994 (inclusive):
(a) was a New Zealand citizen; and
(b) was normally resident in Australia; and
(c) was an exempt non-citizen; and
(d) met the requirements of subclauses (2) and (3).
substitute 424.228 If the application is made outside Australia and the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.
substitute 424.326 If the application is made outside Australia and the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.
(regulation 5)
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1. These regulations amend (in Schedule 1) Statutory Rules 1999 No. 68.
These regulations also amend (in Schedule 2) Statutory Rules 1999 No. 76.
These regulations also amend (in Schedules 3 to 6) Statutory Rules 1994 No. 268, as amended by 1994 Nos. 280, 322, 376 and 452; 1995 Nos. 3, 38, 117, 134, 268, 302 and 411; 1996 Nos. 12, 75 (regulations 7 and 8 were disallowed by the Senate on 11 September 1996), 76, 108, 121, 135, 198, 211 (regulations 4, 10, 11, 13.3, 14-37, 47-49, 51, 53-55, 74, 77.16, 77.19, 78, 85, 119 and 114 were disallowed by the Senate on 7 November 1996) and 276; 1997 Nos. 17, 64, 91, 92, 109, 137, 184, 185, 216, 263, 279, 288, 301 and 354; 1998 Nos. 36, 37, 104 (regulation 15 was disallowed by the Senate on 2 July 1998), 139, 210, 214, 284, 285 (disallowed by the Senate on 31 March 1999), 304, 305, 306 and 322; 1999 Nos. 8, 58, 64, 68 and 76.
2. Made by the Governor-General on 28 May 1999, and notified in the
Commonwealth of Australia Gazette on 31 May 1999.
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