Migration Amendment Regulations 2001 (No. 4) (Cth)
Migration Amendment Regulations 2001 (No. 4) 1
Statutory Rules 2001 No. 142 2
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 13 June 2001
WILLIAM DEANE
Governor-General
By His Excellency’s Command
PHILIP RUDDOCK
Minister for Immigration and Multicultural Affairs
These Regulations are the
Migration Amendment Regulations 2001 (No. 4) .
These Regulations commence on 1 July 2001.
Schedule 1 amends the
Migration Regulations 1994 .
(1) The amendments made by items [1], [7] to [17] and [19] to [23] apply to an application for a visa that is made on or after 1 July 2001.
(2) The amendment made by item [3] applies to an application, for review of a decision, that is made on or after 1 July 2001.
(3) The amendments made by items [6], [24] and [25] apply to an application for a visa:
(a) made, but not finally determined (within the meaning of subsection 5 (9) of the
Migration Act 1958 ), before 1 July 2001; or(b) made on or after 1 July 2001.
(regulation 3)
[1] Regulation 1.03, definition of eligible New Zealand citizen
substitute
eligible New Zealand citizen means a New Zealand citizen who:
(a) at the time of his or her last entry to Australia, would have satisfied public interest criteria 4001 to 4004 and 4007 to 4009; and
(b) either:
(i) was in Australia on 26 February 2001 as the holder of a Subclass 444 (Special Category) visa that was in force on that date; or
(ii) was in Australia as the holder of a Subclass 444 visa for a period of, or periods that total, not less than 1 year in the period of 2 years immediately before 26 February 2001; or
(iii) has a certificate, issued under the
Social Security Act 1991 , that states that the citizen was, for the purposes of that Act, residing in Australia on a particular date.
insert
2.50AA Cancellation of regional sponsored employment visas
(1) For paragraph (b) of the definition of
regional sponsored employment visa in subsection 137Q (3) of the Act, the kinds of visas are:
(a) a Subclass 119 (Regional Sponsored Migration Scheme) visa; and
(b) a Subclass 857 (Regional Sponsored Migration Scheme) visa.
(2) For paragraph 137Q (1) (a) of the Act, the period is:
(a) for a Subclass 119 (Regional Sponsored Migration Scheme) visa — 6 months from the date on which the holder of the visa first entered Australia as the holder of the visa; and
(b) for a Subclass 857 (Regional Sponsored Migration Scheme) visa — 6 months from the date of grant of the visa.
Note This is the periodwithin which the holder of a regional sponsored employment visa must commence the employment referred to in the employer nomination.
insert
(3) For paragraph 415 (2) (c) of the Act and paragraph 43 (1A) (c) of the
Administrative Appeals Tribunal Act 1975 (as substituted in relation to an RRT‑reviewable decision by section 452 of the Act):
(a) it is a permissible direction that the applicant satisfies each matter, specified in the direction, that relates to establishing whether the applicant is a person to whom Australia has protection obligations under the 1951 Convention relating to the Status of Refugees as amended by the 1967 Protocol relating to the Status of Refugees; but
(b) it is not a permissible direction that the applicant satisfies a matter specified in Article 1F, 32 or 33 (2) of the Convention.
insert
(aa) Application must be made by posting the application (with the correct pre-paid postage) to the post office box address approved in writing by the Minister.
omit 863 (Skilled — Onshore Regional-sponsored New Zealand Citizen)
insert 863 (Skilled — Onshore Designated Area-sponsored New Zealand Citizen)
omit 4005, 4007, 4008,
insert 4007,
omit
[8] Schedule 2, sub-subparagraph 855.211 (2) (b) (i) (E)
omit
[9] Schedule 2, subparagraph 855.212 (4) (a) (vii)
substitute
(vii) Special Category (Temporary) (Class TY);
(viii) Supported Dependant (Temporary) (Class TW); or
omit
[11] Schedule 2, sub-subparagraph 856.211 (2) (b) (i) (E)
omit
[12] Schedule 2, subparagraph 856.212 (4) (a) (vii)
substitute
(vii) Special Category (Temporary) (Class TY);
(viii) Supported Dependant (Temporary) (Class TW); or
omit
[14] Schedule 2, sub-subparagraph 857.211 (2) (b) (i) (E)
omit
[15] Schedule 2, subparagraph 857.212 (4) (a) (vii)
substitute
(vii) Special Category (Temporary) (Class TY);
(viii) Supported Dependant (Temporary) (Class TW); or
omit
[17] Schedule 2, sub-subparagraph 858.211 (2) (b) (i) (E)
omit
substitute
Subclass 863 Skilled — Onshore Designated Area-sponsored New Zealand Citizen
[19] Schedule 2, clause 866.111, before definition of Refugees Convention
insert
fraudulent document means a document that:
(a) purports to have been, but was not, issued in respect of the applicant; or
(b) is counterfeit or has been altered by a person who does not have authority to do so.
after as a person
insert (the
claimant )
substitute 866.212 (1) If the applicant meets the requirements of paragraph 866.211 (a), the applicant:
(a) is immigration cleared; and
(b) meets the requirements of subclause (2), (3) or (4).
(2) The applicant meets the requirements of this subclause if the applicant:
(a) has been granted a Subclass 785 (Temporary Protection) visa (whether or not the applicant still holds the visa); and
(b) has not left Australia since the grant of that visa.
(3) The applicant meets the requirements of this subclause if, at the time of the applicant’s last entry to Australia:
(a) the applicant was the holder of a visa that:
(i) was granted in the applicant’s name; and
(ii) was in effect; and
(iii) was not counterfeit; and
(iv) had not been altered by someone who did not have authority to do so; and
(v) had not been obtained using a fraudulent document; and
(b) in the case of an applicant who held a valid passport, the passport was issued in the applicant’s name.
(4) The applicant meets the requirements of this subclause if the applicant:
(a) has been granted a Temporary Safe Haven (Class UJ) visa (whether or not the applicant still holds the visa); and
(b) has not left Australia since the grant of that visa.
Note Under section 91L of the Act, a non-citizen who holds, or has ceased to hold, a Temporary Safe Haven (Class UJ) visa is able to make a valid application for a visa only in accordance with a Ministerial determination that section 91K of the Act does not apply to an application for a visa made by the non‑citizen.866.213 If the applicant meets the requirements of paragraph 866.211 (b), the claimant referred to in that paragraph meets the requirements of subclause 866.212 (2), (3) or (4).
omit a person who has made specific claims under the Refugees Convention (a
claimant ); and
insert a claimant referred to in that paragraph; and
insert 866.230 If the applicant is a child referred to in paragraph 2.08 (1) (b):
(a) the applicant is a member of the same family unit as a claimant mentioned in paragraph 866.211 (b); and
(b) the claimant has been granted a Subclass 866 (Protection) visa.
substitute 8202 (1) The holder (other than the holder of a Subclass 560 (Student) visa who is an AusAID student) must meet the requirements of subclauses (2) and (3).
(2) A holder meets the requirements of this subclause if:
(a) the holder is enrolled in a registered course; or
(b) in the case of the holder of a Subclass 560 visa who is an exchange student — the holder is enrolled in a full-time course of study or training.
(3) A holder meets the requirements of this subclause if:
(a) in the case of a holder whose education provider keeps attendance records — the Minister is satisfied that the holder attends for at least 80% of the contact hours scheduled:
(i) for a course that runs for less than a semester — for the course; or
(ii) for a course that runs for at least a semester — for each term and semester of the course; and
(b) in any case — the holder achieves an academic result that is certified by the education provider to be at least satisfactory:
(i) for a course that runs for less than a semester — for the course; or
(ii) for a course that runs for at least a semester — for each term or semester (whichever is shorter) of the course.
(4) In the case of the holder of a Subclass 560 visa who is an AusAID student — the holder is enrolled in a full-time course of study or training.
substitute
(b) in all cases:
(i) notify the education provider of any change in the holder’s residential address in Australia within 7 days after the change occurs; and
(ii) notify his or her current education provider of a change of education provider within 7 days after the holder receives:
(A) a certificate of enrolment from the new education provider; or
(B) if no certificate of enrolment is required to be sent, or if a failure of electronic transmission has prevented an education provider from sending a certificate of enrolment — evidence that the applicant has been enrolled by the new education provider.
1. These Regulations amend 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 (as amended by 1999 Nos. 81 and 132), 76 (as amended by 1999 Nos. 81 and 132), 81 (as amended by 1999 No. 132), 82, 132, 155, 198, 220 (as amended by 1999 Nos. 259 and 321), 243, 259 (as amended by 2000 No. 259), 260 (as amended by 1999 No. 321), 321 and 325; 2000 Nos. 52, 62, 108, 192, 259 (as amended by 2000 No. 284) (item [4108] of Schedule 4 was disallowed by the Senate on 1 November 2000), 284 and 335; 2001 Nos. 27, 47 and 86.
2. Notified in the
Commonwealth of Australia Gazette
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