Migration Amendment Regulations 2008 (No. 1) (Cth)

Migration Amendment Regulations 2008 (No. 1)¹

Select Legislative Instrument 2008 No. 33

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 20 March 2008

P. M. JEFFERY

Governor‑General

By His Excellency’s Command

CHRIS EVANS

Minister for Immigration and Citizenship

Name of Regulations

These Regulations are the Migration Amendment Regulations 2008 (No. 1).

Commencement

These Regulations commence on the day they are registered.

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 visa made on or after the date on which these Regulations commence.

Schedule 1 Amendments

(regulation 3)

[1] Schedule 2, clause 200.111, before definition of Subclass 200 visa

insert

relevant Minister means any of the following:

(a)the Attorney‑General;

(b)the Minister for Defence;

(c)the Minister for Foreign Affairs;

(d)the Minister for Home Affairs;

(e)the Minister for Immigration and Citizenship.

[2] Schedule 2, after paragraph 200.211 (1) (a)

insert

(aa)meets the requirements of subclause (1A); or

[3] Schedule 2, after subclause 200.211 (1)

insert

(1A) The applicant meets the requirements of this subclause if:

(a)the Minister has specified, in an instrument in writing, one or more classes of persons for this paragraph; and

(b)a relevant Minister has certified that the applicant is:

(i)in one of those classes; and

(ii)at risk of harm for a reason, or reasons, that relate to the applicant being in that class of persons.

(1B) Before making the instrument mentioned in paragraph (1A) (a), the Minister must consult:

(a)the Prime Minister; and

(b)the Minister for Finance and Deregulation; and

(c)any other relevant Minister that has an interest in the specification of that class of persons or that is affected by the specification.

[4] Schedule 2, paragraph 200.311 (a)

substitute

(a)is a member of the family unit of, and made a combined application with, a person who meets, or has met, the requirements of paragraphs 200.211 (1) (a) or (aa); or

[5] Schedule 2, paragraph 200.321 (a)

substitute

(a)continues to be a member of the family unit of a person who, having satisfied the primary criteria (and, in particular, having met the requirements of either paragraph 200.211 (1) (a) or (aa)), is the holder of a Subclass 200 visa; or

[6] Schedule 2, clause 201.111, before definition of Subclass 201 visa

insert

relevant Minister means any of the following:

(a)the Attorney‑General;

(b)the Minister for Defence;

(c)the Minister for Foreign Affairs;

(d)the Minister for Home Affairs;

(e)the Minister for Immigration and Citizenship.

[7] Schedule 2, after paragraph 201.211 (1) (a)

insert

(aa)meets the requirements of subclause (1A); or

[8] Schedule 2, after subclause 201.211 (1)

insert

(1A) The applicant meets the requirements of this subclause if:

(a)the Minister has specified, in an instrument in writing, one or more classes of persons for this paragraph; and

(b)a relevant Minister has certified that the applicant is:

(i)in one of those classes; and

(ii)at risk of harm for a reason, or reasons, that relate to the applicant being in that class of persons.

(1B) Before making the instrument mentioned in paragraph (1A) (a), the Minister must consult:

(a)the Prime Minister; and

(b)the Minister for Finance and Deregulation; and

(c)any other relevant Minister that has an interest in the specification of that class of persons or that is affected by the specification.

[9] Schedule 2, paragraph 201.311 (a)

substitute

(a)is a member of the family unit of, and made a combined application with, a person who meets, or has met, the requirements of paragraphs 201.211 (1) (a) or (aa); or

[10] Schedule 2, paragraph 201.321 (a)

substitute

(a)continues to be a member of the family unit of a person who, having satisfied the primary criteria (and, in particular, having met the requirements of either paragraph 201.211 (a) or (aa)), is the holder of a Subclass 201 visa; or

Note

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