Migration Amendment Regulations 2006 (No. 7) (Cth)

Migration Amendment Regulations 2006 (No. 7)¹

Select Legislative Instrument 2006 No. 354

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 13 December 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. 7).

Commencement

These Regulations commence on 1 January 2007.

Amendment of Migration Regulations 1994

Schedule 1 amends the Migration Regulations 1994.

Transitional

(1)The amendments made by items [1] to [7] of Schedule 1 apply in relation to an application for a visa made on or after 1 January 2007.

(2)The amendment made by item [8] of Schedule 1 applies in relation to an assessment under subsection 93 (1) of the Migration Act 1958, made on or after 1 January 2007.

Schedule 1 Amendments

(regulation 3)

[1] Schedule 1, subparagraph 1128BA (3) (l) (iii)

after

the spouse of the applicant seeking to satisfy the primary criteria,

insert

if the applicant’s spouse is an applicant for a Skilled — Australian‑sponsored Overseas Student (Residence) (Class DE) visa,

[2] Schedule 1, paragraph 1128BA (3) (m)

omit

or the spouse of the applicant seeking to satisfy the primary criteria,

[3] Schedule 2, clause 138.211

after

spouse,

insert

if the applicant’s spouse is an applicant for a Subclass 138 visa,

[4] Schedule 2, paragraph 496.212 (c)

after

spouse,

insert

if the applicant’s spouse is an applicant for a Subclass 496 visa,

[5] Schedule 2, clause 862.211

after

spouse,

insert

if the applicant’s spouse is an applicant for a Subclass 862 visa,

[6] Schedule 2, clause 863.211

after

spouse,

insert

if the applicant’s spouse is an applicant for a Subclass 863 visa,

[7] Schedule 2, paragraph 883.211 (c)

after

spouse,

insert

if the applicant’s spouse is an applicant for a Subclass 883 visa,

[8] Schedule 6A, Part 9, item 6A91

substitute

Column 1
Item

Column 2
Qualification

Column 3
Number of points

6A91
The applicant is sponsored by a person to whom the applicant, or the applicant’s spouse, if the spouse is an applicant for the same subclass of visa, has 1 of the following relationships:

   (a) parent;

(b) brother, sister, adoptive brother, adoptive sister, step‑brother or step‑sister;

   (c) aunt, uncle, adoptive aunt, adoptive uncle, step‑aunt or step‑uncle;

(d) child, adoptive child or step‑child, who is not a dependent child of the applicant or the applicant’s spouse;

   (e) niece, nephew, adoptive niece, adoptive nephew, step‑niece or step‑nephew
15

Note

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