Migration (Côte d'Ivoire United Nations Security Council Resolutions) Regulations 2005 (Cth)

Migration (Côte d’Ivoire — United Nations Security Council Resolutions) Regulations 20051

Select Legislative Instrument 2005 No. 135

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 15 June 2005

P. M. JEFFERY

Governor-General

By His Excellency’s Command

AMANDA VANSTONE

Minister for Immigration and Multicultural and Indigenous Affairs

Contents

1Name of Regulations

These Regulations are the Migration (Côte d’Ivoire — United Nations Security Council Resolutions) Regulations 2005.

2Commencement

These Regulations commence on 1 July 2005.

3Definitions

In these Regulations:

Act means the Migration Act 1958.

Committee means the Committee established under paragraph 14 of Resolution 1572.

designated person means a person whose name appears in a Gazette Notice for regulation 5.

Resolution 1572 means United Nations Security Council Resolution No. 1572 (2004).

4Application

These Regulations apply in addition to, and despite any provision to the contrary in, any other Regulations under the Act.

5Designated persons

The Minister may specify, in a Gazette Notice for this regulation, the name of a person:

1. (a)

   whose name appears in a list of individuals published by the Committee; and

2. (b)

   who is subject to measures imposed by Resolution 1572, or any other United Nations Security Council Resolution that concerns Côte d’Ivoire.

6Special criterion for grant of visas

1. (1)

   This regulation applies in relation to an application for a visa:

   1. (a)

      made, but not finally determined (within the meaning of subsection 5 (9) of the Act), before 1 July 2005; or

   2. (b)

      made on or after 1 July 2005.

2. (2)

   It is a criterion applicable (at the time of decision) to an application for a visa of any class by a designated person that the Minister is satisfied that:

   1. (a)

      the Committee has determined that the designated person’s travel to Australia:

      1. (i)

         is justified on the grounds of humanitarian need, including religious obligation; or

      2. (ii)

         would further the objectives of United Nations Security Council Resolutions for peace and national reconciliation in Côte d’Ivoire and stability in the region; or

   2. (b)

      there are compelling reasons to grant the visa to the designated person.

7Prescribed ground for cancelling visas (Act s 116)

1. (1)

   This regulation applies to a visa granted on, before or after 1 July 2005.

2. (2)

   For paragraph 116 (1) (g) of the Act, it is a prescribed ground for cancelling a visa (other than a visa granted on the basis that the applicant satisfied the criterion in subregulation 6 (2)) that the holder of the visa is, or becomes, a designated person.

3. (3)

   For subsection 116 (2) of the Act, the Minister is not to cancel a visa on the ground prescribed under subregulation (2) if the Minister is satisfied that:

   1. (a)

      the Committee has determined that the designated person’s travel to, or continued stay in, Australia:

      1. (i)

         is justified on the grounds of humanitarian need, including religious obligation; or

      2. (ii)

         would further the objectives of United Nations Security Council Resolutions for peace and national reconciliation in Côte d’Ivoire and stability in the region; or

   2. (b)

      there are compelling reasons for the designated person to continue to hold the visa.

Note

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