Migration Amendment Regulations 2009 (No. 10) (Cth)

Migration Amendment Regulations 2009 (No. 10)¹

Select Legislative Instrument 2009 No. 229

I, QUENTIN BRYCE, 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 7 September 2009

QUENTIN BRYCE

Governor-General

By Her Excellency’s Command

CHRIS EVANS

Minister for Immigration and Citizenship

Name of Regulations

These Regulations are the Migration Amendment Regulations 2009 (No. 10).

Commencement

These Regulations commence on 14 September 2009.

Amendment of Migration Regulations 1994

(1)Schedule 1 amends the Migration Regulations 1994.

(2)The amendments made by Schedule 1 apply in relation to an application for a visa made on or after 14 September 2009.

Schedule 1 Amendments

(regulation 3)

[1] Before paragraph 2.12 (1) (c)

insert

(a)Partner (Temporary) (Class UK);

(b)Partner (Residence) (Class BS);

[2] Schedule 1, after paragraph 1214C (3) (g)

insert

(h)Subject to paragraph (i), if the applicant is a person to whom section 48 of the Act applies, the applicant:

(i)must not have been refused a visa, or had a visa cancelled, under section 501 of the Act; and

(ii)must not have been refused any of the following visas since last entering Australia:

(A)a Subclass 100 (Spouse) visa;

(B)a Subclass 100 (Partner) visa;

(C)a Subclass 110 (Interdependency) visa;

(D)a Subclass 309 (Spouse (Provisional)) visa;

(E)a Subclass 309 (Partner (Provisional)) visa;

(F)a Subclass 310 (Interdependency (Provisional)) visa;

(G)a Subclass 801 (Spouse) visa;

(H)a Subclass 801 (Partner) visa;

(I)a Subclass 814 (Interdependency) visa;

(J)a Subclass 820 (Spouse) visa;

(K)a Subclass 820 (Partner) visa;

(L)a Subclass 826 (Interdependency) visa; and

(iii)must provide, at the same time and place as making the application, an approved form 40SP that has been completed and signed by an Australian citizen, Australian permanent resident or eligible New Zealand citizen who claims to be the spouse or de facto partner of the applicant (the partner); and

(iv)must provide, at the same time and place as making the application, 2 statutory declarations each of which:

(A)is made by an Australian citizen, Australian permanent resident or eligible New Zealand citizen who is not the partner; and

(B)declares that the applicant and the partner are in a married relationship or de facto relationship, as the case may be.

(i)If the applicant:

(i)is a person to whom section 48 of the Act applies; and

(ii)claims to be a dependent child of a person who has satisfied paragraph (h);

the applicant is taken to have satisfied subparagraphs (h) (iii) and (iv).

Note

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