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

Migration Legislation Amendment Regulations 2011 (No. 2)¹

Select Legislative Instrument 2011 No. 250

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 and the Australian Citizenship Act 2007.

Dated 7 December 2011

QUENTIN BRYCE

Governor-General

By Her Excellency’s Command

CHRIS BOWEN

Minister for Immigration and Citizenship

Contents

1Name of Regulations 3

2Commencement 3

3Amendment of Migration Regulations 1994 — Schedule 1 3

4Amendment of Migration Regulations 1994 — Schedule 2 3

5Amendment of Australian Citizenship Regulations 2007 — Schedule 3 4

6Amendment of Migration Agents Regulations 1998 — Schedule 4 4

7Amendment of Migration Regulations 1994 — Schedule 5 4

Schedule 1Amendments of Migration Regulations 1994 relating to charges 5

Schedule 2Amendments of Migration Regulations 1994 relating to bridging visas 7

Schedule 3Amendments of Australian Citizenship Regulations 2007 relating to foreign currency 9

Schedule 4Amendments of Migration Agents Regulations 1998 relating to migration agents 10

Schedule 5Amendment of Migration Regulations 1994 relating to assurances of support 15

Name of Regulations

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

Commencement

These Regulations commence on 1 January 2012.

Amendment of Migration Regulations 1994 — Schedule 1

(1)Schedule 1 amends the Migration Regulations 1994.

(2)The amendments made by Schedule 1 apply to a matter for which an obligation to pay a fee or charge is incurred on or after 1 January 2012.

Amendment of Migration Regulations 1994 — Schedule 2

(1)Schedule 2 amends the Migration Regulations 1994.

(2)The amendment made by item [1] of Schedule 2 applies in relation to an application for a visa made, but not finally determined (within the meaning of subsection 5 (9) of the Migration Act 1958) before 1 January 2012.

(3)The amendment made by item [2] of Schedule 2 applies in relation to an application for a visa made on or after 1 January 2012.

(4)The amendments made by items [3] and [4] of Schedule 2 apply in relation to an application for a visa made on or after 1 January 2012.

Amendment of Australian Citizenship Regulations 2007 — Schedule 3

(1)Schedule 3 amends the Australian Citizenship Regulations 2007.

(2)The amendments made by Schedule 3 apply in relation to an application made under Division 2, 3 or 4 of Part 2 of the Australian Citizenship Act 2007 on or after 1 January 2012.

Amendment of Migration Agents Regulations 1998 — Schedule 4

(1)Schedule 4 amends the Migration Agents Regulations 1998.

(2)The amendments made by Schedule 4 apply in relation to an application for a registration as a migration agent made on or after 1 January 2012.

Amendment of Migration Regulations 1994 — Schedule 5

(1)Schedule 5 amends the Migration Regulations 1994.

(2)The amendment made by Schedule 5 applies in relation to an application for a visa:

(a)made, but not finally determined (within the meaning of subsection 5 (9) of the Migration Act 1958) before 1 January 2012; or

(b)made on or after 1 January 2012.

Schedule 1 Amendments of Migration Regulations 1994 relating to charges

(regulation 3)

[1] Schedule 1, subparagraph 1217A (2) (a) (i)

substitute

(i)Subject to subparagraphs (ii), (iii) and (iv):

(A)an applicant who makes an application of the kind mentioned in paragraph (1) (a): $140; and

(B)an applicant who makes an application of the kind mentioned in paragraph (1) (b): $120

[2] Further amendments of Schedule 1

Provision	omit	insert
Paragraph 1104A (2) (a)	$5,745	$6 030
Subparagraph 1104B (2) (a) (ii)	$1,650	$1 895
Paragraph 1112 (2) (a)	$1,995	$2 095
Paragraph 1113 (2) (a)	$2,960	$3 105
Subparagraph 1114 (2) (a) (iii)	$1,995	$2 095
Subparagraph 1114A (2) (a) (v)	$2,960	$3 105
Subparagraph 1121 (2) (a) (iii)	$1,995	$2 095
Subparagraph 1121A (2) (a) (iv)	$2,960	$3 105
Subparagraph 1128 (2) (a) (i)	$260	$300
Subparagraph 1128 (2) (a) (ii)	$260	$300
Sub-sub-subparagraph 1136 (2) (a) (i) (E) (II)	$270	$315
Paragraph 1216 (2) (a)	$140	$160
Sub-subparagraph 1218 (2) (a) (ii) (B)	$260	$290
Subparagraph 1222 (2) (a) (iv)	$565	$535
Subparagraph 1223A (2) (a) (i)	$120	$140
Subparagraph 1223A (2) (a) (iii)	$305	$350
Subparagraph 1228 (2) (a) (ii)	$270	$315
Subparagraph 1229 (2) (a) (i)	$270	$315
Paragraph 1302 (2) (a)	$105	$125

Schedule 2 Amendments of Migration Regulations 1994 relating to bridging visas

(regulation 4)

[1] Schedule 2, subparagraph 050.613A (1) (a) (ii)

omit

1999; or

insert

1999; and

[2] Schedule 2, clause 051.513

substitute

051.513(1) In the case of a visa that is taken to have been granted by operation of section 75 of the Act and that was not applied for on the basis of judicial review — bridging visa coming into effect on grant and permitting the applicant to remain in Australia until:

(a)either:

(i)if the Minister’s decision in respect of the protection visa application is to grant a visa — the grant of the visa; or

(ii)if the Minister’s decision in respect of that application is to refuse to grant a visa — 28 days after the holder is notified of that refusal; or

(b)if the protection visa application is refused and the holder applies for merits review of that decision — 28 days after notification of the decision of the final review authority appealed to; or

(c)the grant of a further bridging visa to the holder in respect of his or her protection visa application; or

(d)if the holder withdraws the application for the protection visa or for review — 28 days after that withdrawal.

(2) In the case of a visa that is taken to have been granted by operation of section 75 of the Act and that was applied for on the basis of judicial review — bridging visa coming into effect on grant and permitting the applicant to remain in Australia until:

(a)if another bridging visa is granted to the holder in respect of his or her application for judicial review — the grant of that bridging visa; or

(b)subject to paragraph (d), 28 days after the judicial review proceedings (including proceedings on appeal, if any) are completed; or

(c)if the applicant withdraws the application for judicial review — 28 days after that withdrawal; or

(d)if a court remits a matter to which the judicial review proceedings relate to a review authority, or to the Minister, for reconsideration — permitting the holder to remain in Australia in accordance with the relevant provision of clause 051.511.

[3] Schedule 8, subclause 8107 (3)

after

If the visa is

insert

, or the last substantive visa held by the applicant was,

[4] Schedule 8, subclause 8107 (3B)

after

If the visa is

insert

, or the last substantive visa held by the applicant was,

Schedule 3 Amendments of Australian Citizenship Regulations 2007 relating to foreign currency

(regulation 5)

[1] Subregulation 12A (7), definition of conversion instrument

omit

(IMMI 11/007) that commenced on 1 July 2011.

insert

(IMMI 11/056) that commenced on 1 January 2012.

[2] Subregulation 12A (7), definition of places and currencies instrument

omit

(IMMI 11/008) that commenced on 1 July 2011.

insert

(IMMI 11/057) that commenced on 1 January 2012.

Schedule 4 Amendments of Migration Agents Regulations 1998 relating to migration agents

(regulation 6)

[1] Schedule 2, subparagraph 1.10 (b) (i)

substitute

(i)being a fit and proper person to give immigration assistance;

(ia)being a person of integrity and good character;

[2] Schedule 2, clause 2.3A

substitute

2.3AA registered migration agent’s professionalism must be reflected in the making of adequate arrangements to avoid financial loss to a client, including the holding of professional indemnity insurance mentioned in regulation 6B for the period of the migration agent’s registration.

[3] Schedule 2, clause 2.7

substitute

2.7A registered migration agent who is asked by a client to give his or her opinion about the probability of a successful outcome for the client’s application:

(a)must give the advice, in writing, within a reasonable time; and

(b)may also give the advice orally to the extent that the oral advice is the same as the written advice; and

(c)must not hold out unsubstantiated or unjustified prospects of success when advising clients (orally or in writing) on applications under the Migration Act or Migration Regulations.

[4] Schedule 2, clause 2.9

omit

While a registered migration agent cannot be responsible for misinformation provided by a client, a registered migration agent

insert

A registered migration agent

[5] Schedule 2, clause 2.9A

omit

seek to

[6] Schedule 2, clause 2.19

after

Department

insert

or a review authority

[7] Schedule 2, paragraph 2.20 (b)

omit

tell the client

insert

give the client written advice of

[8] Schedule 2, paragraph 2.20 (c)

omit

tell the client

insert

give the client written advice of

[9] Schedule 2, paragraph 2.20 (d)

omit

notice

insert

a written notice

[10] Schedule 2, clause 2.22B

substitute

2.22BA registered migration agent must:

(a)notify the Authority, in writing, of any changes to the registration details of the agent in relation to any of the following matters:

(i)the agent’s full name;

(ii)any business names of the agent or the agent’s employer;

(iii)the business address for the agent;

(iv)the telephone number for contacting the agent;

(v)any of the matters mentioned in paragraphs 3V (a) to (da) of these Regulations; and

(b)notify the Authority:

(i)in advance; or

(ii)not later than 14 days after the change or changes if advance notice would be unreasonable in the circumstances.

[11] Schedule 2, clause 3.5

omit

notice

insert

a written notice

[12] Schedule 2, paragraph 3.5 (b)

omit

7 days

insert

14 days

[13] Schedule 2, paragraphs 5.2 (a) to (c)

substitute

(a)before starting work for a client, give the client:

(i)an estimate of charges in the form of fees for each hour or each service to be performed, and disbursements that the agent is likely to incur as part of the services to be performed; and

(ii)an estimate of the time likely to be taken in performing the services; and

(b)as soon as possible after receiving instructions, obtain written acceptance by the client, if possible, of:

(i)the estimate of fees; and

(ii)the estimate of the time likely to be taken in performing the services; and

(c)give the client written confirmation (an Agreement for Services and Fees) of:

(i)the services to be performed; and

(ii)the fees for the services; and

(iii)the disbursements that the agent is likely to incur as part of the services; and

[14] Schedule 2, clause 5.4

omit

advise clients

insert

give clients written advice

[15] Schedule 2, paragraph 5.5 (a)

after

services

insert

that is consistent with the services, fees and disbursements in the Agreement for Services and Fees mentioned in clause 5.2.

[16] Schedule 2, after paragraph 5.5 (a)

insert

Note The statement of services may be an itemised invoice or account. See clauses 7.2 and 7.4.

[17] Schedule 2, paragraph 7.2 (b)

substitute

(b)an invoice has been issued to the client for the services performed in accordance with the Agreement for Services and Fees mentioned in clause 5.2, showing:

(i)each service performed; and

(ii)the fee for each service.

[18] Schedule 2, paragraph 7.4 (d)

substitute

(d)statements of services; and

(e)copies of invoices or accounts rendered in relation to the account.

Schedule 5 Amendment of Migration Regulations 1994 relating to assurances of support

(regulation 7)

[1] Schedule 2, clauses 100.223, 100.323, 300.225, 300.325, 309.227, 309.325, 801.222, 801.322, 820.222 and 820.322

omit

Note

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