Migration Reform (Transitional Provisions) Regulations (Amendment) (Cth)
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I, The Governor-General of the Commonwealth of Australia, acting with the advice of the
Federal Executive Council, make the following Regulations under the
Dated 16 August 1994.
BILL HAYDEN
Governor-General
By His Excellency’s Command,
NICK BOLKUS
Minister for Immigration and Ethnic Affairs
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1.1 These Regulations commence on 1 September 1994.
2.1 The Migration Reform (Transitional Provisions) Regulations are amended as set out in these Regulations.
3.1 Definition of “reporting condition”:
Omit “an illegal entrant”, substitute “a non-citizen”.
4.1 Subregulation 21 (1):
Omit the subregulation, substitute:
This regulation applies to:
(a) an application for the grant of a visa or entry permit made before 19 December 1989 on which the Minister had not made a decision before 1 September 1994; or
(b) an application for reconsideration of a refusal to grant a visa or entry permit, if:
(i) the original application for the grant of a visa or entry permit was made before 19 December 1989; and
(ii) the Minister refused that application, and the applicant applied for reconsideration of that refusal, before 1 September 1994; and
(iii) the Minister had not made a decision on the application for reconsideration before 1 September 1994; or
(c) an application for reconsideration of a refusal to grant a visa or entry permit, if:
(i) the original application for the grant of a visa or entry permit was made before 19 December 1989; and
(ii) the Minister refused that application before 1 September 1994, and on or after that date the applicant applied for reconsideration of that refusal under regulation 173A of the Migration (1989) Regulations or regulation 7.8 of the Migration (1993) Regulations as continued in force by regulation 24.”.
5.1 After regulation 23, insert in Part 5:
In the case of an application to which regulation 21, 22 or 23 applies, if it is a criterion for the grant of the visa or entry permit applied for that an applicant must comply with public interest criterion 4007 or 4008, those criteria apply as they are in force on 1 September 1994.”.
6.1 Insert after Division 2 of Part 7:
“
In this Division:
‘pre-reform visa application’ means:
(a) a visa application to which regulation 22 applies; or
(b) an entry permit application to which regulation 23 applies.
[
“30B.(1) If:
(a) 2 or more visa applicants have combined their pre-reform visa applications in Australia, in a way permitted by the Migration (1989) Regulations or the Migration (1993) Regulations; and
(b) the Minister’s decisions in respect of 2 or more of those visa applicants are that visas not be granted;
the visa applicants referred to in paragraph (b) may combine their applications for internal review of the Minister’s decisions.
If:
(a) a person has nominated or sponsored 2 or more members of a family unit in respect of pre-reform visa applications by them for visas of a class for which it was a criterion that an applicant be sponsored or nominated; and
(b) the members of a family unit referred to in paragraph (a) have combined their pre-reform visa applications in a way permitted by the Migration (1989) Regulations or the Migration (1993) Regulations; and
(c) the Minister’s decisions in respect of 2 or more of the members of that family unit are that visas not be granted;
the nominator or sponsor may combine his or her applications for internal review of the Minister’s decisions in respect of each of the members of the family unit to whom the Minister refused to grant a visa.
If:
(a) 2 or more visa applicants have combined their pre-reform visa applications, in a way permitted by the Migration (1989) Regulations or the Migration (1993) Regulations, for visas of a class for which it was a criterion that an applicant have a parent, spouse, child, brother or sister who is an Australian citizen or an Australian permanent resident; and
(b) the Minister’s decisions in respect of 2 or more of those visa applicants are that visas not be granted;
an Australian citizen or Australian permanent resident who is a parent, spouse, child, brother or sister of the visa applicants may combine his or her applications for internal review of the Minister’s decisions in respect of each of those visa applicants to whom the Minister refused to grant a visa.
(1) If:
(a) 2 or more persons have, in accordance with regulation 30B, combined their applications for internal review of decisions of the Minister; and
(b) the review officer’s decisions in respect of 2 or more of those persons are that the primary decisions be affirmed;
the persons referred to in paragraph (b) may combine their applications for review by the Tribunal of the review officer’s decisions.
If:
(a) 2 or more applicants have combined their pre-reform visa applications in Australia in a way permitted by the Migration (1989) Regulations or the Migration (1993) Regulations; and
(b) the Minister’s decisions in respect of 2 or more of those applicants are that a visa not be granted; and
(c) the Minister’s decisions are IRT-reviewable decisions;
the applicants referred to in paragraph (b) may combine their applications for review by the Tribunal of the Minister’s decisions.
If:
(a) a person has nominated or sponsored 2 or more members of a family unit in respect of pre-reform visa applications by them for visas of a class for which it was a criterion that an applicant be sponsored or nominated; and
(b) the members of a family unit referred to in paragraph (a) have combined their pre-reform visa applications in a way permitted by the Migration (1989) Regulations or the Migration (1993) Regulations; and
(c) the Minister’s decisions in respect of 2 or more of the members of that family unit are that a visa not be granted; and
(d) the nominator or sponsor has, in accordance with regulation 30B, combined his or her applications for internal review of the Minister’s decisions in respect of each of the members of the family unit to whom the Minister refused to grant a visa; and
(e) the review officer’s decisions in respect of 2 or more of those members are that the primary decisions be affirmed;
the nominator or sponsor may combine his or her applications for review by the Tribunal of the Minister’s decisions in respect of each of the members of the family unit to whom the Minister refused to grant a visa.
If:
(a) a person has nominated or sponsored 2 or more members of a family unit in respect of pre-reform visa applications by them for visas of a class for which it was a criterion that an applicant be sponsored or nominated; and
(b) the members of a family unit referred to in paragraph (a) have combined their pre-reform visa applications in a way permitted by the Migration (1989) Regulations or the Migration (1993) Regulations; and
(c) the Minister’s decisions in respect of 2 or more of the members of that family unit are that a visa not be granted; and
(d) the Minister’s decisions are IRT-reviewable decisions;
the nominator or sponsor may combine his or her applications for review by the Tribunal of the Minister’s decisions in respect of each of the members of the family unit to whom the Minister refused to grant a visa.
If:
(a) 2 or more visa applicants have combined their pre-reform visa applications, in a way permitted by the Migration (1989) Regulations or the Migration (1993) Regulations, for visas of a class for which it is a criterion that the applicant have a parent, spouse, child, brother or sister who is an Australian citizen or an Australian permanent resident; and
(b) the Minister’s decisions in respect of 2 or more of those applicants are that visas not be granted; and
(c) the Australian citizen or Australian permanent resident who is a parent, spouse, child, brother or sister of the applicants has, in accordance with regulation 30B, combined his or her applications for internal review of the Minister’s decisions in respect of 2 or more of the members of the family unit to whom the Minister refused to grant a visa; and
(d) the review officer’s decisions in respect of 2 or more of the applicants referred to in paragraph (b) are that the primary decisions be affirmed;
the Australian citizen or Australian permanent resident referred to in paragraph (c) may combine his or her applications for review by the Tribunal of the review officer’s decisions in respect of each of the applicants to whom the Minister refused to grant a visa.
If:
(a) 2 or more visa applicants have combined their pre-reform visa applications, in a way permitted by the Migration (1989) Regulations or the Migration (1993) Regulations, for visas of a class for which it is a criterion that the applicant have a parent, spouse, child, brother or sister who is an Australian citizen or an Australian permanent resident; and
(b) the Minister’s decisions in respect of 2 or more of those visa applicants are that visas not be granted; and
(c) the Minister’s decisions are IRT-reviewable decisions;
an Australian citizen or Australian permanent resident who is a parent, spouse, child, brother or sister of the visa applicants may combine his or her applications for review by the Tribunal of the Minister’s decisions in respect of each of those visa applicants to whom the Minister refused to grant a visa.
To avoid doubt, nothing in this Division authorises a sponsor or nominator, or an Australian citizen or an Australian permanent resident referred to in subregulation 30B (3), 30C (5) or 30C (6), to apply for review of a decision regarding an application for an entry permit.”.
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1. Notified in the
Commonwealth of Australia Gazette on 17 August 1994.
2. Statutory Rules 1994 No. 261.
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