Migration Amendment Regulations 2005 (No. 7) (Cth)

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Migration Amendment Regulations 2005 (No. 7)1

Select Legislative Instrument 2005 No. 172

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 2005

P. M. JEFFERY

Governor-General

By His Excellency’s Command

AMANDA VANSTONE

Minister for Immigration and Multicultural and Indigenous Affairs

1Name of Regulations

These Regulations are the Migration Amendment Regulations 2005 (No. 7).

2Commencement

These Regulations commence on the day after they are registered.

3Amendment of Migration Regulations 1994

Schedule 1 amends the Migration Regulations 1994.

Schedule 1Amendments

(regulation 3)

[1]Schedule 2, subclause 050.212 (1)

omit

(4AA),

insert

(4AAA), (4AA), (4AB),

[2]Schedule 2, after subclause 050.212 (4)

insert

(4AAA) An applicant meets the requirements of this subclause if the applicant has applied for:

  1. (a)

    a declaration from a court that the Act does not apply to the applicant; or

  2. (b)

    judicial review or merits review of a decision made in relation to the applicant under the Australian Citizenship Act 1948;

and the proceedings for the declaration or review have not been completed.

[3]Schedule 2, after subclause 050.212 (4AA)

insert

(4AB) An applicant meets the requirements of this subclause if the applicant is:

  1. (a)

    a member of the immediate family of a person who meets the requirements of subclause (4AAA); or

  2. (b)

    a brother or sister who has not turned 18, of a person who:

    1. (i)

      meets the requirements of subclause (4AAA); and

    2. (ii)

      has not turned 18.

Note Regulation 1.12AA defines member of the immediate family.

[4]Schedule 2, subclause 050.212 (4A)

omit

(3A) and (4),

insert

(3A), (4) and (4AAA),

[5]Schedule 2, subclause 050.222 (1)

omit

(2) or (3)

insert

(2), (3) or (4)

[6]Schedule 2, subclause 050.222 (3), note

omit

In certain circumstances,

insert

For subclauses (2) and (3) — in certain circumstances,

[7]Schedule 2, subclause 050.222 (3), after the note

insert

(4) This subclause applies if the applicant is a person:

  1. (a)

    to whom subclause 050.212 (4AAA) applies; or

  2. (b)

    to whom subclause 050.212 (4AB) continues to apply.

[8]Schedule 2, paragraph 050.511A (b)

omit

the expiry of the bridging visa held by the party to the judicial review proceedings.

insert

the bridging visa held by the party to the judicial review proceedings ceases to be in effect.

[9]Schedule 2, after clause 050.511A

insert

050.511B In the case of a visa granted to a non-citizen on the basis that the non-citizen is a person who has applied for a declaration mentioned in paragraph 050.212 (4AAA) (a) — bridging visa:

  1. (a)

    coming into effect on grant; and

  2. (b)

    permitting the holder to remain in Australia until 28 days after the proceedings for the declaration are completed.

050.511C In the case of a visa granted to a non-citizen on the basis that the non-citizen has applied for judicial review of a decision under the Australian Citizenship Act 1948, mentioned in paragraph 050.212 (4AAA) (b) — bridging visa:

  1. (a)

    coming into effect on grant; and

  2. (b)

    permitting the holder to remain in Australia until 28 days after the latest of the following:

    1. (i)

      the day the judicial review proceedings are completed;

    2. (ii)

      if the court remits the matter to the Minister or a review authority for reconsideration — the day the non-citizen is notified of the decision of the Minister or review authority;

    3. (iii)

      if the non-citizen withdraws his or her application for judicial review — the day the application is withdrawn;

    4. (iv)

      if the non-citizen is taken to have applied for judicial review under subclause 050.212 (4A), and either withdraws from of or is struck out of the representative proceedings for judicial review — the day the non-citizen withdraws or is struck out.

050.511D In the case of a visa granted to a non-citizen on the basis that the non-citizen has applied for merits review of a decision under the Australian Citizenship Act 1948, mentioned in paragraph 050.212 (4AAA) (b) — bridging visa:

  1. (a)

    coming into effect on grant; and

  2. (b)

    permitting the holder to remain in Australia until 28 days after the latest of the following:

    1. (i)

      the day the non-citizen is notified of the merits review decision;

    2. (ii)

      if a review authority remits the matter to the Minister for reconsideration — the day the non‑citizen is notified of the Minister’s decision;

    3. (iii)

      if the non-citizen withdraws his or her application for merits review — the day the application is withdrawn.

Note Merits review of certain decisions made under the Australian Citizenship Act 1948 is available under the Administrative Appeals Tribunal Act 1975 ( the AAT Act). Regulation 18A of the Administrative Appeals Tribunal Regulations 1976 provides for service of documents under the AAT Act for notification of decisions and other matters.

050.511E In the case of a visa granted to a non-citizen on the basis that the non-citizen is a person to whom subclause 050.212 (4AB) applies — bridging visa:

  1. (a)

    coming into effect on grant; and

  2. (b)

    permitting the holder to remain in Australia until the bridging visa held by the person who meets the requirements of subclause 050.212 (4AAA) ceases to be in effect.

[10]Schedule 2, after clause 050.612A

insert

050.612B In the case of a visa granted to an applicant who meets the requirements of subclause 050.212 (4AAA) or (4AB): Nil.

Note

1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See

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