Migration (Liberia — United Nations Security Council Resolutions) Regulations 2001 (Cth)

Migration (Liberia — United Nations Security Council Resolutions) Regulations 2001

Statutory Rules 2001 No. 241 as amended

made under the

Migration Act 1958

This compilation was prepared on 2 April 2005
taking into account amendments up to SR 2004 No. 392

Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra

Contents

1Name of Regulations [see Note 1]  2

2Commencement  2

3Definitions  2

4Application  3

4ADesignated persons  3

5Special criterion for grant of visas  3

6Prescribed ground for cancelling visas (Act s 116)             4

Notes   5

1. Name of Regulations [see Note 1]

These Regulations are the Migration (Liberia — United Nations Security Council Resolutions) Regulations 2001.

1. Commencement

These Regulations commence on 1 November 2001.

1. Definitions

In these Regulations:

Act means the Migration Act 1958.

Committee means the committee established under paragraph 21 of Resolution 1521.

designated person means a person to whom a Gazette Notice mentioned in regulation 4A relates.

Resolution 1521 means United Nations Security Council Resolution No. 1521 (2003).

1. Application

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

4ADesignated persons

The Minister may specify in a Gazette Notice for this regulation a person whose name appears on a list of individuals published by the Committee, and who is subject to measures imposed by a United Nations Security Council Resolution concerning Liberia.

1. Special criterion for grant of visas

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

(a)made, but not finally determined (within the meaning of subsection 5 (9) of the Act), before 2 April 2005; or

(b)made on or after 2 April 2005.

(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:

(a)the Committee has determined that the designated person’s travel:

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

(ii)would further the objectives of the United Nations Security Council’s resolutions for the creation of peace, stability and democracy in Liberia and lasting peace in the West Africa subregion; or

(b)there are compelling reasons to grant the visa to the designated person.

Note   The criteria relating to the application of United Nations Security Council Resolutions No. 1343 (2001) and No. 1478 (2003) were set out in these Regulations before 2 April 2005, and remain applicable to applications for visas finally determined before that date.

1. Prescribed ground for cancelling visas (Act s 116)

(1)This regulation applies to a visa granted on, before or after 2 April 2005.

(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 5 (2)) that the holder of the visa is, or becomes, a designated person.

(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:

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

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

(ii)would further the objectives of the United Nations Security Council’s resolutions for the creation of peace, stability and democracy in Liberia and lasting peace in the West Africa subregion; or

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

Notes to the Migration (Liberia — United Nations Security Council Resolutions) Regulations 2001

Note 1

The Migration (Liberia — United Nations Security Council Resolutions) Regulations 2001 (in force under the Migration Act 1958) as shown in this compilation comprise Statutory Rules 2001 No. 241 amended as indicated in the Tables below.

For all relevant information pertaining to application, saving or transitional provisions see Table A.

Table of Statutory Rules

Year and number	Date of notification in Gazette	Date of commencement	Application, saving or transitional provisions
2001 No. 241	5 Sept 2001	1 Nov 2001
2004 No. 94	20 May 2004	1 July 2004	—
2004 No. 392	23 Dec 2004	2 Apr 2005	R. 4

Table of Amendments

ad. = added or inserted   am. = amended   rep. = repealed   rs. = repealed and substituted
Provision affected	How affected
R. 1.........................................	rs. 2004 No. 94
R. 3.........................................	am. 2004 No. 94, 2004 No. 392
R. 4A.......................................	ad. 2004 No. 392
R. 5.........................................	am. 2004 No. 392
Note to r. 5 (2).......................	ad. 2004 No. 392
R. 6.........................................	am. 2004 No. 392

Table A  Application, saving or transitional provisions

Statutory Rules 2004 No. 392

1. Transitional

The amendments made by Schedule 1 (other than item [10]) apply 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 2 April 2005; or

(b)made on or after 2 April 2005.