Migration Amendment Regulations 2004 (No. 4) (Cth)
Migration Amendment Regulations 2004 (No. 4) 1
Statutory Rules 2004 No. 191 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 24 June 2004
P. M. JEFFERY
Governor-General
By His Excellency’s Command
AMANDA VANSTONE
Minister for Immigration and Multicultural and Indigenous Affairs
These Regulations are the
Migration Amendment Regulations 2004 (No. 4) .
These Regulations commence on 1 July 2004.
Schedule 1 amends the
Migration Regulations 1994 as amended by theMigration Amendment Regulations 2004 (No. 2) and theMigration Amendment Regulations 2004 (No. 3) .
(regulation 3)
[ 1 ] Regulation 1.03, definition of assurance of support
substitute
assurance of support , in relation to an application for the grant of a visa, means:
(a) for an assurance of support accepted by the Minister before 1 July 2004 — an assurance of support under Division 2.7; and
(b) in any other case — an assurance of support under Chapter 2C of the
Social Security Act 1991 .
substitute
2.12A Safe third country and prescribed connection (Act s 91D)
(1) For paragraph 91D (1) (a) of the Act, PRC is a safe third country in relation to a person who:
(a) either:
(i) is, or has been, a Vietnamese refugee settled in PRC; or
(ii) is a close relative of, or is dependent on, a person who is, or has been, a Vietnamese refugee settled in PRC;
as covered by the agreement between Australia and PRC; and
(b) entered Australia without lawful authority on or after 1 January 1996.
(2) For paragraph 91D (1) (b) of the Act, a person mentioned in subregulation (1) has a prescribed connection with PRC if the person, or a parent of the person, resided in PRC at any time before the person entered Australia.
(3) In this regulation:
(a)
agreement between Australia and PRC means the agreement constituted by the Memorandum of Understanding the English text of which is set out in Schedule 11, together with the exchange of letters between representatives of Australia and PRC dated 15 April 2004 and 16 April 2004 the text of which is set out in Schedule 12; and(b) the use of the word
Vietnamese is a reference to nationality or country of origin, and is not an ethnic description.
Note 1 PRC is defined in regulation 1.03.
Note 2 This regulation ceases to be in force at the end of 30 June 2006 — see subsection 91D (4) of the Act.
omit
(h) in the case of a decision to which paragraph (4) (i) applies — the former sponsor, or former approved sponsor, to whom the action relates.
omit applicant.
insert applicant;
insert
(j) in the case of a decision to which paragraph (4) (i) applies — the former sponsor, or former approved sponsor, to whom the action relates.
substitute
(subregulation 2.12A (3))
Mr Zou Junyu
Director-General
Department of Foreign Affairs
Ministry of Civil Affairs
Beijing
People’s Republic of China
15 April 2004
Dear Mr Zou
I am writing about the Memorandum of Understanding of 25 January 1995 between the Department of Immigration and Ethnic Affairs (now the Department of Immigration and Multicultural and Indigenous Affairs) and the Ministry of Civil Affairs relating to unauthorised arrivals in Australia of Vietnamese refugees settled in the People’s Republic of China.
I note that the Memorandum of Understanding, established with regard to Vietnamese refugees settled in China who have arrived in Australia as unauthorised arrivals after 25 January 1995, continues to operate in the future.
Upon your confirmation of this, this exchange of letters replaces the previous exchange of letters of 4 and 5 April 2002, and together with the Memorandum of Understanding constitutes the agreement between our two countries on this subject.
Yours sincerely
Dr Alan Thomas
Ambassador
H.E. Dr Alan Thomas
Ambassador to China
Australian Embassy
Beijing
16 April 2004
Dear Ambassador Thomas,
I refer to your letter of 15 April, 2004, and confirm that the Memorandum of Understanding of 25 January 1995, established with regard to Vietnamese refugees settled in China who have arrived in Australia as unauthorised arrivals after 25 January 1995, continues to operate for current arrivals and will continue to operate for future arrivals.
Yours sincerely
Zou Junyu
Director-General
Department of Foreign Affairs
Ministry of Civil Affairs
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, 154, 224 (disallowed by the Senate on 9 October 2003), 239, 283 (disallowed by the Senate on 24 November 2003), 296 (as amended by 2003 No. 363), 362 and 363; 2004 Nos. 21, 93 and 131.
2. Notified in the
Commonwealth of Australia Gazette
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