Migration Amendment Regulations 2011 (No. 2) (Cth)

Migration Amendment Regulations 2011 (No. 2)¹

Select Legislative Instrument 2011 No. 33

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 10 March 2011

QUENTIN BRYCE

Governor-General

By Her Excellency’s Command

CHRIS BOWEN

Minister for Immigration and Citizenship

Name of Regulations

These Regulations are the Migration Amendment Regulations 2011 (No. 2).

Commencement

These Regulations commence on 2 April 2011.

Amendment of Migration Regulations 1994

Schedule 1 amends the Migration Regulations 1994.

Schedule 1 Amendments

(regulation 3)

[1] Subregulation 2.09 (1)

omit each mention of

by Gazette Notice

insert

by the Minister in an instrument in writing

[2] Subregulation 2.09 (2)

substitute

(2)An oral application for a Return (Residence) (Class BB) visa may be made in person at an office of Immigration in Australia (whether or not the office has been specified in an instrument in writing for subregulation (1)).

(3)An oral application for a Return (Residence) (Class BB) visa may be made:

(a)using a telephone number specified by the Minister in an instrument in writing for this subregulation; and

(b)during the times specified in the instrument.

Note In accordance with item 1128 of Schedule 1, the applicant must be in Australia when making this application.

[3] Schedule 1, paragraph 1128 (3) (a)

omit

For an application (not being an Internet application):

insert

For an application that is not an Internet or oral application:

[4] Schedule 1, subparagraph 1128 (3) (a) (iii)

substitute

(iii)an application made in Australia may be made in writing, but not in accordance with form 1085, if it is accompanied by the presentation of a valid passport.

[5] Schedule 1, after paragraph 1128 (3) (b), including the note

insert

(ba)For an oral application:

(i)the application must be made in Australia, but not in immigration clearance; and

(ii)the applicant must be in Australia to make an application in Australia; and

(iii)the application must be made as permitted by subregulation 2.09 (2) or (3); and

(iv)for an application that is made as permitted by subregulation 2.09 (2), the application must be accompanied by the presentation of a valid passport.

Note

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