Migration Amendment (Special Category Visas and Special Return Criterion 5001) Regulation 2015 (Cth)

Migration Amendment (Special Category Visas and Special Return Criterion 5001) Regulation 2015

Select Legislative Instrument No. 169, 2015

I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation.

Dated 15 October 2015

Peter Cosgrove

Governor‑General

By His Excellency’s Command

Peter Dutton

Minister for Immigration and Border Protection

Contents

1............ Name.................................................................................................. 1

2............ Commencement.................................................................................. 1

3............ Authority............................................................................................ 1

4............ Schedules............................................................................................ 1

Schedule 1—Amendments                                                                            2

Migration Regulations 1994                                                                    2

1Name

This is the Migration Amendment (Special Category Visas and Special Return Criterion 5001) Regulation 2015.

2Commencement

(1)Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
The whole of this instrument	The day after this instrument is registered.	17 October 2015

Note:This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

(2)Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3Authority

This instrument is made under the Migration Act 1958.

4Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Amendments

Migration Regulations 1994

1  Regulation 1.03 (definition of special return criterion)

Omit “Part 1 of”.

2  Regulation 5.15A

Repeal the regulation, substitute:

5.15A  Special category visas—declared classes of New Zealand citizens

(1) For paragraph 32(2)(c) of the Act, a person is in a class of persons for whom a visa of a class other than a special category visa would be inappropriate if the person:

                    (a)  is a New Zealand citizen who holds, and has presented to an officer, a New Zealand passport that is in force; and

                    (b)  is not a health concern non‑citizen; and

                    (c)  is covered by subregulation (2) or (3).

            (2)  A person is covered by this subregulation if the person is a behaviour concern non‑citizen only because of having been excluded from a country other than Australia in circumstances that, in the opinion of the Minister, do not warrant the exclusion of the person from Australia.

            (3)  A person is covered by this subregulation if:

(a) the Minister has, under subsection 501(3A) of the Act (person serving sentence of imprisonment), cancelled a visa held by the person; and

(b) the person has made representations to the Minister in accordance with the invitation given by the Minister under subsection 501CA(3) of the Act; and

(c) the decision to cancel the visa is revoked under subsection 501CA(4) of the Act; and

(d) the Minister has not, under subsection 501BA(2) of the Act, set aside the decision to revoke the cancellation of the visa; and

                    (e)  since the person made the representations to the Minister mentioned in paragraph (b), no new grounds have arisen for the person to fall within the definition of behaviour concern non‑citizen in subsection 5(1) of the Act, unless the only new ground that has arisen is the person’s removal or deportation from Australia because of the decision to cancel the visa.

3  Division 444.2 of Schedule 2 (note)

Repeal the note, substitute:

Note: The only criteria are those set out in section 32 of the Act and in regulation 5.15A.

4  At the end of clause 5001 of Schedule 5

Add:

; or (d) a person whose visa has been cancelled under section 501BA of the Act if the Minister has not, acting personally, granted a permanent visa to the person after that cancellation.

5  Schedule 13

Insert in its appropriate numerical position:

Part 47—Amendments made by the Migration Amendment (Special Category Visas and Special Return Criterion 5001) Regulation 2015

4701  Operation of Schedule 1

The amendments of these Regulations made by Schedule 1 to the Migration Amendment (Special Category Visas and Special Return Criterion 5001) Regulation 2015 apply in relation to an application for a visa made on or after the day that regulation commences.