Migration Amendment Regulations 2004 (No. 5) (Cth)

Migration Amendment Regulations 2004 (No. 5)1

Statutory Rules 2004 No. 2232

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 21 July 2004

P. M. JEFFERY

Governor-General

By His Excellency’s Command

AMANDA VANSTONE

Minister for Immigration and Multicultural and Indigenous Affairs

Contents

1Name of Regulations

These Regulations are the Migration Amendment Regulations 2004 (No. 5).

2Commencement

These Regulations commence as follows:

1. (a)

   on the date of their notification in the Gazette — regulations 1 to 5 and Schedule 1;

2. (b)

   on 1 September 2004 — Schedule 2.

3Amendment of Migration Regulations 1994

Schedules 1 and 2 amend the Migration Regulations 1994.

4Transitional – Schedule 1

The amendments made by Schedule 1 apply in relation to an application for a visa made on or after the commencement of this regulation.

5Transitional – Schedule 2

The amendments made by Schedule 2 apply in relation to an application for a Refugee and Humanitarian (Class XB) visa made on or after 1 September 2004.

Schedule 1Amendments relating to Subclass 676 (Tourist (Short Stay)) visas

(regulation 3)

  

[1]Schedule 2, subparagraph 676.214 (e) (iii)

omit

non-citizen.

insert

non-citizen; and

[2]Schedule 2, after paragraph 676.214 (e)

insert

1. (f)

   the Minister is satisfied that it is not necessary for the applicant to meet the requirements of clause 676.215.

Schedule 2Amendments relating to Refugee and Humanitarian (Class XB) visas

(regulation 3)

  

[1]After regulation 2.07AL

insert

2.07AMApplications for Refugee and Humanitarian (Class XB) visas

An application made under paragraph 1402 (3) (a) of Schedule 1 is taken to have been made outside Australia.

[2]Schedule 1, paragraph 1402 (3) (a)

substitute

1. (a)

   Application by a person included in a class of persons specified in a Gazette Notice for this paragraph must be made by:

   1. (i)

      posting the application (with the correct pre-paid postage) to the post office box address specified by the Minister; or

   2. (ii)

      having the application delivered by a courier service to the address specified by the Minister.

Note An application made under paragraph (a) is taken to have been made outside Australia — see regulation 2.07AM.

1. (aa)

   Application by a person not included in a class of persons specified for paragraph (a) must be made outside Australia.

Notes

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, 131, 191 and 192.

2. Notified in the Commonwealth of Australia Gazette on 22 July 2004.