Migration Amendment Regulations 2003 (No. 6) (Cth)
Migration Amendment Regulations 2003 (No. 6) 1
Statutory Rules 2003 No. 224 2
I, PHILIP MICHAEL JEFFERY, 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 27 August 2003
P. M. JEFFERY
Governor-General
By His Excellency’s Command
PHILIP RUDDOCK
Minister for Immigration and Multicultural and Indigenous Affairs
These Regulations are the
Migration Amendment Regulations 2003 (No. 6) .
These Regulations commence on gazettal.
Schedule 1 amends the
Migration Regulations 1994 .
(1) The amendments made by items [1], [2], [3] and [8] apply in relation 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 the day these Regulations commence; and(b) made on or after the day these Regulations commence.
(2) The amendments made by items [4], [5], [6] and [7] apply in relation to an application for a visa made on or after the day these Regulations commence.
(regulation 3)
substitute
(c) to remain in Australia until:
(i) if the holder applies for a Protection (Class XA) visa after the temporary visa is granted and while the temporary visa is in effect — the day on which the application is finally determined or withdrawn; and
(ii) in any other case — the end of 36 months after the temporary visa is granted, or the end of a shorter period specified by the Minister in relation to the visa holder.
substitute
(c) to remain in Australia until:
(i) if the holder applies for a Protection (Class XA) visa after the temporary visa is granted and while the temporary visa is in effect — the day on which the application is finally determined or withdrawn; and
(ii) in any other case — the end of 60 months after the temporary visa is granted, or the end of a shorter period specified by the Minister in relation to the visa holder.
substitute 785.511 Temporary visa permitting the holder to remain in, but not re‑enter, Australia until:
(b) for the holder of a Subclass 785 (Temporary Protection) (Class XC) visa — the day on which the application mentioned in paragraph 2.08F (1) (d) is finally determined or withdrawn; or
(c) for the holder of a Subclass 785 (Temporary Protection) (Class XA) visa:
(i) if the holder applies for a Protection (Class XA) visa after the temporary visa is granted and while the temporary visa is in effect — the day on which the application is finally determined or withdrawn; and
(ii) in any other case — the end of 36 months after the temporary visa is granted, or the end of a shorter period specified by the Minister in relation to the visa holder.
substitute 866.212 (1) If the applicant meets the requirements of paragraph 866.211 (a), the applicant:
(a) is immigration cleared; and
(b) either:
(i) subject to subclause (5), meets the requirements of subclause (2); or
(ii) meets the requirements of subclause (4).
(2) The applicant meets the requirements of this subclause if:
(a) the applicant has been granted a Subclass 785 (Temporary Protection) visa or a Subclass 451 (Secondary Movement Relocation (Temporary)) visa (whether or not the applicant still holds the visa); and
(b) the Subclass 785 visa or Subclass 451 visa last granted to the applicant has not been cancelled; and
(c) the applicant has not left Australia since the visa mentioned in paragraph (b) was granted; and
(d) the applicant has not held a Subclass 447 (Secondary Movement Offshore Entry (Temporary)) visa since the applicant last entered Australia.
(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.(5) The Minister may waive the requirement under subparagraph (1) (b) (i) if:
(a) the Minister is satisfied that it is in the public interest to do so; and
(b) at the time of the applicant’s last entry to Australia, 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
(c) for an applicant who held a valid passport at the time of the applicant’s last entry to Australia, the passport was issued in the applicant’s name.
866.213 If the applicant meets the requirements of paragraph 866.211 (b), the claimant referred to in that paragraph meets the requirements of clause 866.212.
866.214 (1) If the applicant meets the requirements of paragraph 866.211 (b), the applicant has not held a Subclass 447 (Secondary Movement Offshore Entry (Temporary)) visa since last entering Australia.
(2) The Minister may waive the requirement under subclause (1) if the Minister is satisfied that it is in the public interest to do so.
substitute 866.228 If the applicant has, since last entering Australia, held a Subclass 785 (Temporary Protection) visa, the applicant has held that visa, or that visa and 1 or more other Subclass 785 (Temporary Protection) visas, for the lesser of:
(a) a continuous period of 30 months; and
(b) a shorter period specified in writing by the Minister in relation to the applicant.
omit holds
insert has, since last entering Australia, held
insert 866.228B If the applicant has, since last entering Australia, held a Subclass 785 (Temporary Protection) visa and a Subclass 451 (Secondary Movement Relocation (Temporary)) visa, the applicant has held 1 or more Subclass 785 visas and a Subclass 451 visa, for the lesser of:
(a) a continuous period of 54 months; and
(b) a shorter period specified in writing by the Minister in relation to the applicant.
insert 866.231 (1) If subparagraphs 447.511 (c) (ii), 451.511 (c) (ii) and 785.511 (c) (ii), subclause 866.212 (5) and clause 866.228B, as in force when this subclause commences, are in force at the time of decision, subclause 866.215 (1) does not apply to an applicant who was granted a Subclass 785 (Temporary Protection) visa before 27 September 2001.
(2) If subparagraphs 447.511 (c) (ii), 451.511 (c) (ii) and 785.511 (c) (ii), subclause 866.212 (5) and clause 866.228B, as in force when this subclause commences, are in force at the time of decision, subclause 866.215 (1) does not apply to an applicant who holds a Subclass 785 (Temporary Protection) visa and who, since last entering Australia, has held a Subclass 451 (Secondary Movement Relocation (Temporary)) visa.
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 and 2002 No. 213), 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, 86, 142, 162, 206, 239, 246, 283, 284, 285 and 291; Act No. 128, 2001; Statutory Rules 2001 No. 344; 2002 Nos. 10, 86, 121, 129 (disallowed by the Senate on 19 June 2002), 213, 230, 299, 323, 347, 348 and 354; Act No. 5, 2003; Statutory Rules 2003 Nos. 57, 94, 106, 122 and 154.
2. Notified in the
Commonwealth of Australia Gazette
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