Migration Amendment Regulations 2006 (No. 1) (Cth)
Migration Amendment Regulations 2006 (No. 1)1
Select Legislative Instrument 2006 No. 10
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 15 February 2006
P. M. JEFFERY
Governor-General
By His Excellency’s Command
AMANDA VANSTONE
Minister for Immigration and Multicultural Affairs
-
Name of Regulations
These Regulations are the Migration Amendment Regulations 2006 (No. 1).
-
Commencement
These Regulations commence on 1 March 2006.
-
Amendment of Migration Regulations 1994
Schedules 1, 2, 3, 4 and 5 amend the Migration Regulations 1994.
-
Transitional
(1)The amendments made by items [1], [2] and [3] of Schedule 1 apply in relation to the cancellation of a visa on or after 1 March 2006.
(2)The amendments made by the other items of Schedule 1 apply in relation to an application for a visa:
(a)made on or after 1 March 2006; or
(b)made, but not finally determined (within the meaning of subsection 5 (9) of the Migration Act 1958), before 1 March 2006.
(3)The amendments made by Schedule 2 apply in relation to an application for a Subclass 462 (Work and Holiday) visa made on or after 1 March 2006.
(4)The amendments made by Schedule 3 apply in relation to a requirement under subsection 188 (4) of the Act made by an officer on or after 1 March 2006.
Note There are no transitional arrangements relating to Schedule 4.
(5)The amendments made by Schedule 5 apply in relation to an application for a visa made on or after 1 March 2006.
Schedule 1 Amendments relating to foreign policy grounds relevant to grant and cancellation of visas
(regulation 3)
[1] Paragraph 2.43 (1) (a)
substitute
(a)that the Foreign Minister has personally determined that:
(i)in the case of a visa other than a relevant visa — the holder of the visa is a person whose presence in Australia:
(A)is, or would be, contrary to Australia’s foreign policy interests; or
(B)may be directly or indirectly associated with the proliferation of weapons of mass destruction; or
(ii)in the case of a relevant visa — the holder of the visa is a person whose presence in Australia may be directly or indirectly associated with the proliferation of weapons of mass destruction;
Note A relevant visa is explained in subregulation (3).
[2] Paragraph 2.43 (2) (a)
substitute
(a)in the case of a visa other than a relevant visa — each of the circumstances comprising the grounds set out in:
(i)sub-subparagraphs (1) (a) (i) (A) and (B); and
(ii)paragraph (1) (b); and
(aa)in the case of a relevant visa — the circumstance comprising the grounds set out in subparagraph (1) (a) (ii); and
[3] Subregulation 2.43 (3)
omit
In subregulation (1):
insert
In this regulation:
[4] Subregulation 2.43 (3), after definition of business sponsor
insert
relevant visa means a visa of any of the following subclasses:
(a)Subclass 200;
(b)Subclass 201;
(c)Subclass 202;
(d)Subclass 203;
(e)Subclass 204;
(f)Subclass 447;
(g)Subclass 449;
(h)Subclass 451;
(i)Subclass 785;
(j)Subclass 786;
(k)Subclass 866.
[5] Schedule 2, clause 447.225
omit
4003,
insert
4003A,
[6] Schedule 2, paragraph 447.227 (1) (a)
omit
4003,
insert
4003A,
[7] Schedule 2, paragraph 447.227 (2) (a)
omit
4003
insert
4003A
[8] Schedule 2, paragraph 447.323 (a)
omit
4003,
insert
4003A,
[9] Schedule 2, subclause 449.224 (1)
omit
4003.
insert
4003A.
[10] Schedule 2, subclause 449.322 (1)
omit
4003.
insert
4003A.
[11] Schedule 2, clause 451.225
omit
4003,
insert
4003A,
[12] Schedule 2, paragraph 451.227 (1) (a)
omit
4003,
insert
4003A,
[13] Schedule 2, paragraph 451.227 (2) (a)
omit
4003
insert
4003A
[14] Schedule 2, paragraph 451.323 (a)
omit
4003,
insert
4003A,
[15] Schedule 2, clause 785.226
omit
4003.
insert
4003A.
[16] Schedule 2, clause 786.225
omit
4003.
insert
4003A.
[17] Schedule 2, clause 866.225
omit
4003.
insert
4003A.
[18] Schedule 4, clause 4003
substitute
-
The applicant is not determined by the Foreign Minister, or a person authorised by the Foreign Minister, to be a person whose presence in Australia:
(a)is, or would be, contrary to Australia’s foreign policy interests; or
(b)may be directly or indirectly associated with the proliferation of weapons of mass destruction.
4003AThe applicant is not determined by the Foreign Minister, or a person authorised by the Foreign Minister, to be a person whose presence in Australia may be directly or indirectly associated with the proliferation of weapons of mass destruction.
Schedule 2 Amendments relating to Work and Holiday visas
(regulation 3)
[1] Schedule 2, clause 462.111, including the note
substitute
Note There are no interpretation provisions specific to this Part. AusAID recipient and AusAID student are defined in regulation 1.03.
[2] Schedule 2, paragraph 462.221 (c)
substitute
(c)is the holder of an educational qualification specified in a Gazette Notice for this paragraph, in relation to the foreign country that issued the passport mentioned in paragraph (aa); and
Schedule 3 Amendments relating to personal identifiers
(regulation 3)
[1] Paragraph 3.19A (a)
before
suspects
insert
reasonably
[2] Paragraph 3.19A (c)
before
satisfied
insert
reasonably
Schedule 4 Amendment relating to work performed by unlawful non‑citizens
(regulation 3)
[1] After regulation 5.32
insert
5.32AWork performed by unlawful non‑citizen in detention centre
For subsection 235 (6) of the Act, the circumstance is that the work:
(a)is performed by an unlawful non-citizen who is detained in a detention centre established under the Act; and
(b)is allocated to the unlawful non-citizen, at the non‑citizen’s request, by an officer at the detention centre.
Schedule 5 Amendments relating to visa applications following Ministerial grant of a substituted Subclass 676 (Tourist) visa
(regulation 3)
[1] Regulation 1.03, after definition of subsidised student
insert
substituted Subclass 676 visa means a Subclass 676 (Tourist) visa that was granted following a decision by the Minister to substitute a more favourable decision under section 345, 351, 391, 417, 454 or 501J of the Act.
[2] Schedule 1, after subparagraph 1130 (2) (a) (i)
insert
(ia)For an applicant who:
(A)held a Subclass 173 (Contributory Parent (Temporary)) visa; and
(B)is the holder of a substituted Subclass 676 visa at the time of application: $180
[3] Schedule 1, after subparagraph 1130 (2) (b) (i)
insert
(ia)For an applicant
(A)who:
(I)held a Subclass 173 (Contributory Parent (Temporary)) visa; and
(II)is the holder of a substituted Subclass 676 visa at the time of application; and
(III)is not described in sub-subparagraph (B): $11 140; or
(B)who:
(I)held a Subclass 173 (Contributory Parent (Temporary)) visa; and
(II)is, at the time of application, the holder of a substituted Subclass 676 visa or the natural or adopted child, or step-child, of an applicant mentioned in sub-subparagraph (A); and
(III)is a person who is the natural or adopted child, or step-child, of an applicant for a Contributory Parent (Migrant) (Class CA) visa and has not turned 18 at the time of application for a Contributory Parent (Temporary) (Class UT) visa: Nil.
[4] Schedule 1, paragraph 1130 (3) (a)
substitute
(a)If the applicant is in Australia, and is:
(i)the holder of a Subclass 173 (Contributory Parent (Temporary)) visa; or
(ii)the holder of a substituted Subclass 676 visa; or
(iii)the member of the family unit of an applicant who holds a substituted subclass 676 visa;
the application must be made in Australia but not in immigration clearance.
[5] Schedule 1, after subparagraph 1130A (2) (a) (ii)
insert
(iia)For an applicant who:
(A)held a Subclass 884 (Contributory Aged Parent (Temporary)) visa; and
(B)is the holder of a substituted Subclass 676 visa at the time of application: $180
[6] Schedule 1, after subparagraph 1130A (2) (b) (i)
insert
(ia)For an applicant:
(A)who:
(I)held a Subclass 884 (Contributory Aged Parent (Temporary)) visa; and
(II)is the holder of a substituted Subclass 676 visa at the time of application; and
(III)is not described in sub-subparagraph (B): $11 140; or
(B)who:
(I)held a Subclass 884 (Contributory Aged Parent (Temporary)) visa; and
(II)is, at the time of application, the holder of a substituted Subclass 676 visa or the natural or adopted child, or step-child, of an applicant mentioned in sub-subparagraph (A); and
(III)is a person who is the natural or adopted child, or step-child, of an applicant for a Contributory Parent (Migrant) (Class CA) visa and has not turned 18 at the time of application for a Contributory Aged Parent (Temporary) (Class UU) visa: Nil
[7] Schedule 2, subparagraph 143.211 (b) (i)
substitute
(i)either:
(A)is the holder of a Subclass 173 (Contributory Parent (Temporary)) visa at the time of application; or
(B)both:
(I)was the holder of a Subclass 173 (Contributory Parent (Temporary)) visa; and
(II)is the holder of a substituted Subclass 676 visa at the time of application; and
[8] Schedule 2, clause 143.213
substitute
143.213For an applicant who, at the time of application, is neither:
(a)the holder of a Subclass 173 (Contributory Parent (Temporary)) visa; nor
(b)the holder of a substituted Subclass 676 visa;
the applicant satisfies the balance of family test.
[9] Schedule 2, clause 143.223
substitute
143.223For an applicant who, at the time of application, is neither:
(a)the holder of a Subclass 173 (Contributory Parent (Temporary)) visa; nor
(b)the holder of a substituted Subclass 676 visa;
the applicant continues to satisfy the balance of family test.
[10] Schedule 2, clause 143.225
substitute
143.225If the applicant was not the holder of a Subclass 173 (Contributory Parent (Temporary)) visa at the time of application, the applicant satisfies the public interest criteria mentioned for the applicant in the item in the table that relates to the applicant.
Item
If the applicant was …
the public interest criteria to be satisfied by the applicant are ...
1 not the holder of a substituted Subclass 676 visa at the time of application 4004, 4005, 4009 and 4010 2 the holder of a substituted Subclass 676 visa at the time of application (a) 4009 and 4010; and
(b) 4007 or, if the applicant has previously held a Subclass 173 visa, such health checks as the Minister considers appropriate
[11] Schedule 2, clause 143.229
substitute
143.229If the applicant was not the holder of a Subclass 173 (Contributory Parent (Temporary)) visa at the time of application, each member of the family unit of the applicant who is an applicant for a Subclass 143 (Contributory Parent) visa:
(a)must satisfy the public interest criteria mentioned in the item in the table that relates to the applicant; and
(b)if the member of the family unit has previously been in Australia — must satisfy the special return criteria mentioned in the item in the table that relates to the applicant.
Item
If the applicant was …
the public interest criteria to be satisfied by the member of the family unit are …
and if the member of the family unit has previously been in Australia, the special return criteria are …
1 not the holder of a substituted Subclass 676 visa at the time of application 4001, 4002, 4003, 4004, 4005, 4009 and 4010 5001, 5002 and 5010 2 the holder of a substituted Subclass 676 visa at the time of application (a) 4001, 4002, 4003, 4009 and 4010; and
(b) 4007 or, if the member of the family unit has previously held a Subclass 173 visa, such health checks as the Minister considers appropriate
5001, 5002 and 5010
[12] Schedule 2, clause 143.230
substitute
143.230If the applicant was not the holder of a Subclass 173 (Contributory Parent (Temporary)) visa at the time of application, each member of the family unit of the applicant who is not an applicant for a Subclass 143 (Contributory Parent) visa must satisfy the public interest criteria mentioned in the item in the table that relates to the applicant.
Item
If the applicant was …
the public interest criteria to be satisfied by the member of the family unit are ...
1 not the holder of a substituted Subclass 676 visa at the time of application (a) 4001, 4002, 4003 and 4004; and
(b) 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment for that criterion
2 the holder of a substituted Subclass 676 visa at the time of application (a) 4001, 4002 and 4003; and
(b) 4007, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment for that criterion
[13] Schedule 2, clause 143.324
substitute
143.324If the applicant was not the holder of a Subclass 173 (Contributory Parent (Temporary)) visa at the time of application, the applicant satisfies the public interest criteria mentioned for the applicant in the item in the table that relates to the applicant.
Item
If the applicant is a member of the family unit of a person who is mentioned in clause 143.321, and the person was …
the public interest criteria to be satisfied by the applicant are ...
1 not the holder of a substituted Subclass 676 visa at the time of application 4004, 4005, 4009 and 4010 2 the holder of a substituted Subclass 676 visa at the time of application (a) 4009 and 4010; and
(b) 4007 or, if the applicant has previously held a Subclass 173 visa, such health checks as the Minister considers appropriate
[14] Schedule 2, Division 143.4
substitute
143.4 Circumstances applicable to grant
143.411If the applicant is, at the time of application:
(a)the holder of a Subclass 173 (Contributory Parent (Temporary)) visa; or
(b)the holder of a substituted Subclass 676 visa; or
(c)a member of the family unit of an applicant who holds a substituted subclass 676 visa;
the applicant may be in or outside Australia, but not in immigration clearance, when the visa is granted.
143.412If clause 143.411 does not apply to the applicant at the time of application, the applicant must be outside Australia when the visa is granted.
NoteThe second instalment of the visa application charge must be paid before the visa can be granted.
[15] Schedule 2, clause 804.221
substitute
804.221The applicant either:
(a)is an aged parent of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen mentioned in paragraph 804.212 (1) (a); or
(b)if the applicant is the holder of a substituted Subclass 676 visa at the time of application — is the parent of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen mentioned in paragraph 804.212 (1) (a).
[16] Schedule 2, clause 804.223, not including the note
substitute
804.223If the applicant is not the holder of a substituted Subclass 676 visa at the time of application, the applicant satisfies the balance of family test.
[17] Schedule 2, clauses 804.225 and 804.226
substitute
804.225The applicant satisfies the public interest criteria mentioned for the applicant in the item in the table that relates to the applicant.
Item
If the applicant was …
the public interest criteria to be satisfied by the applicant are ...
1 not the holder of a substituted Subclass 676 visa at the time of application 4001, 4002, 4003, 4004, 4005, 4009 and 4010 2 the holder of a substituted Subclass 676 visa at the time of application 4001, 4002, 4003, 4007, 4009 and 4010
804.226(1) Each member of the family unit of the applicant who is an applicant for a Subclass 804 visa is a person who satisfies the public interest criteria mentioned in the item in the table that relates to the applicant.
Item
If the applicant was …
the public interest criteria to be satisfied by the member of the family unit are ...
1 not the holder of a substituted Subclass 676 visa at the time of application 4001, 4002, 4003, 4004, 4005, 4009 and 4010 2 the holder of a substituted Subclass 676 visa at the time of application 4001, 4002, 4003, 4007, 4009 and 4010
(2) Each member of the family unit of the applicant who is not an applicant for a Subclass 804 visa is a person who satisfies the public interest criteria mentioned in the item in the table that relates to the applicant.
Item
If the applicant was …
the public interest criteria to be satisfied by the member of the family unit are ...
1 not the holder of a substituted Subclass 676 visa at the time of application (a) 4001, 4002, 4003 and 4004; and
(b) 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment for that criterion
2 the holder of a substituted Subclass 676 visa at the time of application (a) 4001, 4002 and 4003; and
(b) 4007, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment for that criterion
[18] Schedule 2, clause 804.322
substitute
804.322The applicant satisfies the public interest criteria mentioned for the applicant in the item in the table that relates to the applicant.
Item
If the applicant is a member of the family unit of a person who is mentioned in clause 804.321, and the person was …
the public interest criteria to be satisfied by the applicant are ...
1 not the holder of a substituted Subclass 676 visa at the time of application 4001, 4002, 4003, 4004, 4005, 4009 and 4010 2 the holder of a substituted Subclass 676 visa at the time of application 4001, 4002, 4003, 4007, 4009 and 4010
[19] Schedule 2, after paragraph 864.212 (a)
insert
(ab)the holder of a substituted Subclass 676 visa, and is the parent of a person (the child) who is:
(i)a settled Australian citizen; or
(ii)a settled Australian permanent resident; or
(iii)a settled eligible New Zealand citizen; or
[20] Schedule 2, subparagraph 864.212 (b) (i)
substitute
(i)either:
(A)is the holder of a Subclass 884 (Contributory Aged Parent (Temporary)) visa at the time of application; or
(B)both:
(I)was the holder of a Subclass 884 (Contributory Aged Parent (Temporary)) visa; and
(II)is the holder of a substituted Subclass 676 visa at the time of application; and
[21] Schedule 2, subparagraph 864.212 (b) (ii)
after
paragraph (a)
insert
or (ab)
[22] Schedule 2, subparagraph 864.212 (b) (iii)
after
paragraph (a)
insert
or (ab)
[23] Schedule 2, clause 864.214
substitute
864.214For an applicant who, at the time of application, is neither:
(a)the holder of a Subclass 884 (Contributory Aged Parent (Temporary)) visa; nor
(b)the holder of a substituted Subclass 676 visa;
the applicant satisfies the balance of family test.
[24] Schedule 2, clause 864.223
substitute
864.223If the applicant was not the holder of a Subclass 884 (Contributory Aged Parent (Temporary)) visa at the time of application, the applicant satisfies the criteria mentioned for the applicant in the item in the table that relates to the applicant.
Item
If the applicant was …
the criteria to be satisfied by the applicant are ...
1 not the holder of a substituted Subclass 676 visa at the time of application (a) the balance of family test; and
(b) public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010
2 the holder of a substituted Subclass 676 visa at the time of application (a) 4001, 4002, 4003, 4009 and 4010; and
(b) 4007 or, if the applicant has previously held a Subclass 884 visa, such health checks as the Minister considers appropriate
[25] Schedule 2, clauses 864.227 and 864.228
substitute
864.227If the applicant was not the holder of a Subclass 884 (Contributory Aged Parent (Temporary)) visa at the time of application, each member of the family unit of the applicant who is an applicant for a Subclass 864 (Contributory Aged Parent) visa:
(a)must satisfy the public interest criteria mentioned in the item in the table that relates to the applicant; and
(b)if the member of the family unit has previously been in Australia — must satisfy the special return criteria mentioned in the item in the table that relates to the applicant.
Item
If the applicant was …
the public interest criteria to be satisfied by the member of the family unit are …
and if the member of the family unit has previously been in Australia, the special return criteria are …
1 not the holder of a substituted Subclass 676 visa at the time of application 4001, 4002, 4003, 4004, 4005, 4009 and 4010 5001, 5002 and 5010 2 the holder of a substituted Subclass 676 visa at the time of application (a) 4001, 4002, 4003, 4009 and 4010; and
(b) 4007 or, if the member of the family unit has previously held a Subclass 884 visa, such health checks as the Minister considers appropriate
5001, 5002 and 5010
864.228If the applicant was not the holder of a Subclass 884 (Contributory Aged Parent (Temporary)) visa at the time of application, each member of the family unit of the applicant who is not an applicant for a Subclass 864 (Contributory Aged Parent) visa must satisfy the public interest criteria mentioned in the item in the table that relates to the applicant.
Item
If the applicant was …
the public interest criteria to be satisfied by the member of the family unit are ...
1 not the holder of a substituted Subclass 676 visa at the time of application (a) 4001, 4002, 4003 and 4004; and
(b) 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment for that criterion
2 the holder of a substituted Subclass 676 visa at the time of application (a) 4001, 4002 and 4003; and
(b) 4007, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment for that criterion
[26] Schedule 2, clause 864.324
substitute
864.324If the applicant was not the holder of a Subclass 884 (Contributory Aged Parent (Temporary)) visa at the time of application, the applicant satisfies the public interest criteria mentioned for the applicant in the item in the table that relates to the applicant.
Item
If the applicant is a member of the family unit of a person who is mentioned in clause 864.321, and the person was …
the public interest criteria to be satisfied by the applicant are ...
1 not the holder of a substituted Subclass 676 visa at the time of application 4004, 4005, 4009 and 4010 2 the holder of a substituted Subclass 676 visa at the time of application (a) 4009 and 4010; and
(b) 4007 or, if the applicant has previously held a Subclass 884 visa, such health checks as the Minister considers appropriate
[27] Schedule 2, subclause 884.212 (1)
substitute
(1) The applicant is:
(a)either:
(i)the aged parent of a person (the child) who is:
(A)a settled Australian citizen; or
(B)a settled Australian permanent resident; or
(C)a settled eligible New Zealand citizen; or
(ii)the holder of a substituted Subclass 676 visa and the parent of a person (the child) who is:
(A)a settled Australian citizen; or
(B)a settled Australian permanent resident; or
(C)a settled eligible New Zealand citizen; and
(b)sponsored in accordance with subclause (2) or (3).
[28] Schedule 2, clause 884.213
substitute
884.213If the applicant is not the holder of a substituted Subclass 676 visa, the applicant satisfies the balance of family test.
[29] Schedule 2, clauses 884.223 and 884.224
substitute
884.223If the applicant is not the holder of a substituted Subclass 676 visa at the time of application, the applicant continues to satisfy the balance of family test.
884.224The applicant satisfies the public interest criteria mentioned for the applicant in the item in the table that relates to the applicant.
Item
If the applicant was …
the public interest criteria to be satisfied by the applicant are ...
1 not the holder of a substituted Subclass 676 visa at the time of application 4001, 4002, 4003, 4004, 4005, 4009 and 4010 2 the holder of a substituted Subclass 676 visa at the time of application 4001, 4002, 4003, 4007, 4009 and 4010
[30] Schedule 2, clauses 884.226 and 884.227
substitute
884.226Each member of the family unit of the applicant who is an applicant for a Subclass 884 (Contributory Aged Parent (Temporary)) visa:
(a)must satisfy the public interest criteria mentioned in the item in the table that relates to the applicant; and
(b)if the member of the family unit has previously been in Australia — must satisfy the special return criteria mentioned in the item in the table that relates to the applicant.
Item
If the applicant was …
the public interest criteria to be satisfied by the member of the family unit are …
and if the member of the family unit has previously been in Australia, the special return criteria are …
1 not the holder of a substituted Subclass 676 visa at the time of application 4001, 4002, 4003, 4004, 4005, 4009 and 4010 5001, 5002 and 5010 2 the holder of a substituted Subclass 676 visa at the time of application 4001, 4002, 4003, 4007, 4009 and 4010 5001, 5002 and 5010
884.227Each member of the family unit of the applicant who is not an applicant for a Subclass 884 (Contributory Aged Parent (Temporary)) visa must satisfy the public interest criteria mentioned in the item in the table that applies to the applicant.
Item
If the applicant was …
the public interest criteria to be satisfied by the member of the family unit are ...
1 not the holder of a substituted Subclass 676 visa at the time of application (a) 4001, 4002, 4003, 4004; and
(b) 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment for that criterion
2 the holder of a substituted Subclass 676 visa at the time of application (a) 4001, 4002 and 4003; and
(b) 4007, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment for that criterion
[31] Schedule 2, clause 884.323
substitute
884.323For an applicant who is not a contributory parent newborn child, the applicant satisfies the criteria mentioned for the applicant in an item in the table that relates to the applicant.
Item
If the applicant is a member of the family unit of a person who is mentioned in clause 884.321, and the person was …
the public interest criteria to be satisfied by the applicant are ...
1 not the holder of a substituted Subclass 676 visa at the time of application 4001, 4002, 4003, 4004, 4005, 4009 and 4010 2 the holder of a substituted Subclass 676 visa at the time of application 4001, 4002, 4003, 4007, 4009 and 4010
Note
-
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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