Migration Amendment Regulations 2007 (No. 10) (Cth)

Migration Amendment Regulations 2007 (No. 10)¹

Select Legislative Instrument 2007 No. 274

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 6 September 2007

P. M. JEFFERY

Governor‑General

By His Excellency’s Command

KEVIN ANDREWS

Minister for Immigration and Citizenship

Name of Regulations

These Regulations are the Migration Amendment Regulations 2007 (No. 10).

Commencement

These Regulations commence on 10 September 2007.

Amendment of Migration Regulations 1994

Schedule 1 amends the Migration Regulations 1994.

Transitional

The amendments made by Schedule 1 apply in relation to an application for:

(a)a Contributory Parent (Migrant) (Class CA) visa; or

(b)a Contributory Aged Parent (Residence) (Class DG) visa;

made on or after the commencement of these Regulations.

Schedule 1 Amendments

(regulation 3)

[1] Subregulation 2.07AI (1)

after

person

insert

in Australia

[2] Subregulation 2.07AI (2)

after

person

insert

in Australia

[3] Schedule 1, after subparagraph 1130 (2) (a) (ia)

insert

(ib)For an applicant who has held a Subclass 173 (Contributory Parent (Temporary)) visa at any time in the 28 days immediately before making the application: $190

(ic)For an applicant who has held a Subclass 173 (Contributory Parent (Temporary)) visa, and who provides the Minister with evidence that compassionate and compelling circumstances exist for the person to be considered to be the holder of a Subclass 173 (Contributory Parent (Temporary)) visa for the purpose of the application: $1 390

[4] Schedule 1, after subparagraph 1130 (2) (b) (ii)

insert

(iia)For an applicant who has held a Subclass 173 (Contributory Parent (Temporary)) visa at any time in the 28 days immediately before making the application: $12 625

(iib)For an applicant who has held a Subclass 173 (Contributory Parent (Temporary)) visa, and in relation to whom the Minister is satisfied that compassionate and compelling circumstances exist for the person to be considered to be the holder of a Subclass 173 (Contributory Parent (Temporary)) visa at the time of application: $11 425

[5] Schedule 1, after subitem 1130 (4)

insert

(5)In this item, a reference to an applicant who is the holder of a Subclass 173 (Contributory Parent (Temporary)) visa, means a person who, as the case may be:

(a)currently holds a Subclass 173 (Contributory Parent (Temporary)) visa; or

(b)has held a Subclass 173 (Contributory Parent (Temporary)) visa at any time in the 28 days immediately before making the application; or

(c)has held a Subclass 173 (Contributory Parent (Temporary)) visa, and who provides the Minister with evidence that compassionate and compelling circumstances exist for the person to be considered to be the holder of a Subclass 173 (Contributory Parent (Temporary)) visa for the purpose of the application.

[6] Schedule 1, after subparagraph 1130A (2) (a) (iia)

insert

(iib)For an applicant who has held a Subclass 884 (Contributory Aged Parent (Temporary)) visa at any time in the 28 days immediately before making the application: $190

(iic)For an applicant who has held a Subclass 884 (Contributory Aged Parent (Temporary)) visa, and who provides the Minister with evidence that compassionate and compelling circumstances exist for the person to be considered to be the holder of a Subclass 884 (Contributory Aged Parent (Temporary)) visa for the purpose of the application: $2 060

[7] Schedule 1, after subparagraph 1130A (2) (b) (ii)

insert

(iia)For an applicant who has held a Subclass 884 (Contributory Aged Parent (Temporary)) visa at any time in the 28 days immediately before making the application: $12 625

(iib)For an applicant who has held a Subclass 884 (Contributory Aged Parent (Temporary)) visa, and in relation to whom the Minister is satisfied that compassionate and compelling circumstances exist for the person to be considered to be the holder of a Subclass 884 (Contributory Aged Parent (Temporary)) visa at the time of application:

$10 755

[8] Schedule 1, after subitem 1130A (4)

insert

(5)In this item, a reference to an applicant who is the holder of a Subclass 884 (Contributory Aged Parent (Temporary)) visa, means a person who, as the case may be:

(a)currently holds a Subclass 884 (Contributory Aged Parent (Temporary)) visa; or

(b)has held a Subclass 884 (Contributory Aged Parent (Temporary)) visa at any time in the 28 days immediately before making the application; or

(c)has held a Subclass 884 (Contributory Aged Parent (Temporary)) visa, and who provides the Minister with evidence that compassionate and compelling circumstances exist for the person to be considered to be the holder of a Subclass 884 (Contributory Aged Parent (Temporary)) visa for the purpose of the application.

[9] Schedule 2, Division 143.1

substitute

143.1 Interpretation

143.111In this Part, a reference to an applicant who is the holder of a Subclass 173 (Contributory Parent (Temporary)) visa means a person:

(a)who, at the time of application, holds a Subclass 173 (Contributory Parent (Temporary)) visa; or

(b)who has held a Subclass 173 (Contributory Parent (Temporary)) visa at any time in the 28 days immediately before making the application; or

(c)in relation to whom the Minister is satisfied that compassionate and compelling circumstances exist for the person to be considered to have been the holder of a Subclass 173 (Contributory Parent (Temporary)) visa at the time of the application.

Note Australian permanent resident, aged parent, eligible New Zealand citizen, close relative, guardian, parent, parent visa, settled and spouse are defined in regulation 1.03, and balance of family test is defined in regulation 1.05.

[10] Schedule 2, Division 864.1

substitute

864.1 Interpretation

864.111In this Part, a reference to an applicant who is the holder of a Subclass 884 (Contributory Aged Parent (Temporary)) visa means a person:

(a)who, at the time of application, holds a Subclass 884 (Contributory Aged Parent (Temporary)) visa; or

(b)who has held a Subclass 884 (Contributory Aged Parent (Temporary)) visa at any time in the 28 days immediately before making the application; or

(c)in relation to whom the Minister is satisfied that compassionate and compelling circumstances exist for the person to be considered to have been the holder of a Subclass 884 (Contributory Aged Parent (Temporary)) visa at the time of the application.

Note Australian permanent resident, aged parent, eligible New Zealand citizen, close relative, guardian, parent, parent visa, settled and spouse are defined in regulation 1.03, and balance of family test is defined in regulation 1.05.

Note

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