Migration Amendment Regulations 2009 (No. 8) (Cth)

Migration Amendment Regulations 2009 (No. 8)¹

Select Legislative Instrument 2009 No. 201

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 12 August 2009

QUENTIN BRYCE

Governor-General

By Her Excellency’s Command

CHRIS EVANS

Minister for Immigration and Citizenship

Contents

1Name of Regulations 2

2Commencement 2

3Amendment of Migration Regulations 1994 — Schedule 1 2

4Amendment of Migration Regulations 1994 — Schedule 2 2

Schedule 1Amendment taken to have commenced on 1 July 2009 3

Schedule 2Amendments commencing on 14 September 2009 4

Name of Regulations

These Regulations are the Migration Amendment Regulations 2009 (No. 8).

Commencement

These Regulations commence, or are taken to have commenced, as follows:

(a)on 1 July 2009 — regulations 1 to 3 and Schedule 1;

(b)on 14 September 2009 — regulation 4 and Schedule 2.

Amendment of Migration Regulations 1994 — Schedule 1

Schedule 1 amends the Migration Regulations 1994.

Amendment of Migration Regulations 1994 — Schedule 2

(1)Schedule 2 amends the Migration Regulations 1994.

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

Schedule 1 Amendment taken to have commenced on 1 July 2009

(regulation 3)

[1] Subclause 050.212 (1)

omit

(6), (6AA), (6A),

insert

(5B), (6), (6AA), (6A), (6B),

Schedule 2 Amendments commencing on 14 September 2009

(subregulation 4 (1))

[1] Schedule 2, paragraph 050.212 (6B) (a)

omit

subclause (6A)

insert

subclause (6) or (6A)

[2] Schedule 2, subclause 050.612A (1)

omit

(whether or not the applicant is an applicant to whom another clause in this Division would otherwise apply)

[3] Schedule 2, clause 050.614

substitute

050.614(1) In the case of a visa granted to an applicant who:

(a)is:

(i)an applicant for a Protection (Class AZ) visa in the period starting on 1 July 1997 and ending at the end of 19 October 1999; or

(ii)an applicant for a Protection (Class XA) visa on or after 20 October 1999; and

(b)meets the requirements of subclause 050.212 (3A), (4), (4AA) or (4A);

condition 8101, if that condition applied to the last visa held by the holder.

(2) Any 1 or more of conditions 8104, 8201, 8207, 8401, 8402, 8403, 8505, 8506, 8507, 8508, 8509, 8510, 8511, 8512 and 8548 may be imposed.

[4] Schedule 2, subclause 050.615 (1)

omit

(whether or not the applicant is an applicant to whom another clause in this Division would otherwise apply)

[5] Schedule 2, clause 050.616

substitute

050.615A(1) In the case of a visa granted to an applicant who:

(a)meets the requirements of subclause 050.212 (5B) or (6); and

(b)was an unlawful non-citizen for all or part of the period after the application for a substantive visa was finally determined until the time of the request for the Minister:

(i)to substitute a more favourable decision under section 345, 351, 391, 417 or 454 of the Act; or

(ii)to make a determination under section 48B of the Act;

condition 8101.

(2) Any 1 or more of conditions 8201, 8207, 8401, 8403, 8505, 8506, 8507, 8508, 8510, 8511, 8512 and 8548 may be imposed.

050.616(1) In the case of a visa granted to an applicant (whether or not the applicant is an applicant to whom another clause in this Division would otherwise apply) who meets the requirements of subclause 050.212 (6B) — condition 8101, if that condition applied to the last visa held by the holder.

(2) Any 1 or more of conditions 8104, 8201, 8207, 8401, 8402, 8403, 8505, 8506, 8507, 8508, 8509, 8510, 8511, 8512 and 8548 may be imposed.

Note

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