Migration Regulations (Amendment) (Cth)

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Statutory Rules 1992

No. 346 1

__________________

Migration Regulations 2(Amendment)

I, The 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 2 November 1992.

 BILL HAYDEN

 Governor-General

 By His Excellency’s Command,

MICHAEL DUFFY

Attorney-General

for and on behalf of the

Minister of State for Immigration,

Local Government and Ethnic Affairs

____________

1.   Commencement

1.1   Regulations 3, 4, 5 and 11 to 16 (inclusive) commence on 1 December 1992.

[NOTE:

 The remainder of these Regulations commence on gazettal: see Acts Interpretation Act 1901, s.48.]

2.   Amendment

2.1   The Migration Regulations are amended as set out in these Regulations.

3.   Regulation 40 (Prescribed change in circumstances (paragraphs 36 (1) (a) and 37 (2) (a) of the Act))

3.1   Subregulation 40 (1):

Add at the end:

  • “; (u)

    the person is a person to whom paragraph 42 (1) (bb) applies.”.

4.   Regulation 42 (Prescribed criteria (entry permits))

4.1   After paragraph 42 (1C) (ba), insert:

  • “(bb)

    if the applicant:

    • (i)

      entered Australia on or after 19 December 1989 as the holder of a prospective marriage entry visa operating as an entry permit, or of a prospective marriage entry permit, being a visa or entry permit that authorised the applicant to be in Australia for a period of 3 months; and

    • (ii)

      after having become an illegal entrant, married the person stated by the applicant in the application for that visa or the visa on the basis of which the prospective marriage entry permit was granted to be the person whom he or she proposed to marry; and

    • (iii)

      is nominated by the spouse of the applicant referred to in subparagraph (ii); or”.

5.   Regulation 72 (Prospective marriage visa)

5.1   Subparagraph 72 (c) (ii):

Omit “3”, substitute “6”.

6.   Regulation 98B (Student (category A) visa)

6.1   Paragraph 98B (1) (c):

Omit the paragraph, substitute:

  • “(c)

    subject to subregulation (1A), the Minister is satisfied that the applicant is a genuine applicant for entry as a student; and”.

6.2   After subregulation 98B (1), insert:

 “(1A) For the purposes of paragraph (1) (c), the Minister may have regard:

  • (a)

    to the financial ability of the applicant to undertake the course without contravening any terminating condition relating to the work in which the applicant may engage; and

  • (b)

    subject to regulation 98F, to the applicant’s comprehension of the English language for the purposes of the course; and

  • (c)

    any other relevant matter.”.

7.   Regulation 98F (English language test)

7.1   Subregulation 98F (1):

Omit “, under paragraph 98D (2) (d),”, substitute “, under subregulation 98B (1A) or paragraph 98D (2) (d),”.

8.   Regulation 105 (Woman at risk visa)

8.1   Paragraph 105 (a):

Omit the paragraph, substitute:

  • “(a)

    the applicant is a person who is:

    • (i)

      subject to persecution; or

    • (ii)

      registered as being of concern to the United Nations High Commissioner for Refugees;”.

9.   Regulation 107B (PRC (temporary) visa

9.1   Subregulation 107B (4):

Omit the subregulation, substitute:

“(4)

A PRC (temporary) visa issued to an applicant who is the

holder of an entry permit granted on the basis that the applicant was shown by records kept by the Department:

  • (a)

    to have entered Australia under that entry permit on or before 20 June 1989; and

  • (b)

    to have been in Australia on that day;

is subject to the terminating condition that the person must not travel to the PRC.”.

10.   Regulation 119G (Sri Lankan (temporary) entry permit)

10.1   Paragraphs 119G (1) (ba) and (2) (b):

Omit “31 October 1992”, substitute “30 June 1993”.

11.   Regulation 126 (Extended eligilibity (spouse) entry permit)

11.1   After sub-subparagraph 126 (1) (a) (ii) (A), insert:

 “(AA) a prescribed applicant referred to in paragraph 42 (1C) (bb); or”.

12.   Regulation 127 (Extended eligibility (family) entry permit)

12.1   Subparagraph 127 (a) (iv):

Omit the subparagraph, substitute:

  • “(iv)

    is an illegal entrant to whom paragraph 42 (1C) (a), (c) or (ca) applies; or”.

13.   Regulation 135 (Spouse (after entry) entry permit)

13.1   After paragraph 135 (1) (a), insert:

  • “(aa)

    the applicant is a person who, not less than 2 years after the day on which the application was made:

    • (i)

      is the holder of a valid extended eligibility (spouse) entry permit granted on the basis that the applicant was a prescribed applicant referred to in paragraph 42 (1C) (bb); and

    • (ii)

      satisfies the criteria mentioned in subparagraph (a) (i); or

 (ab) the applicant:

  • (i)

    is the holder of a prospective marriage entry permit or a prospective marriage entry visa operating as an entry permit; and

  • (ii)

    has married the person whom the applicant entered Australia under that entry permit or visa to marry; and

  • (iii)

    is nominated by that person for the entry permit or visa ; and

  • (iv)

    has a genuine and continuing relationship with that person; or”.

14   Regulation 140 (Family and other close ties entry permit)

14.1   Subparagraph 140 (2) (c) (i):

Omit the subparagraph, substitute:

  • “(i)

    is an illegal entrant to whom paragraph 42 (1C) (a), (c) or (ca) applies; and”.

15.   Regulation 142 (Confirmatory entry permit)

15.1   Subparagraph 142 (b) (ii):

Omit the subparagraph.

16.   Regulation 186B (Fee on application for a spouse (after entry) entry permit)

16.1   Paragraph 186B (1) (b):

Omit the paragraph, substitute:

  • “(b)

    if the applicant holds a valid prospective marriage entry permit or prospective marriage visa when the application is decided—a fee of $370; or

  • (c)

    in any other case—no fee.”.

17.   Schedule 2 (Classes of visas, prescribed criteria and code numbers)

17.1   Part 1, item 24, column 3, paragraph (b):

Omit

  the paragraph, substitute:

 “(b) B1, D, H, K”.

18.   Amendment of Statutory Rules 1991 No. 349

18.1   Regulation 4 of Statutory Rules 1991 No. 349 is amended by omitting “30 November 1992” and substitutng “1 March 1993”.

____________________________________________________________

NOTES

1. Notified in the Commonwealth of Australia Gazette on 2 November 1992.

2. Statutory Rules 1989 No. 365 as amended by 1989 Nos. 414 and 416; 1990 Nos.1, 34, 69, 75, 109, 204, 237, 237, 242, 251, 261, 272, 279, 320, 339, 371, 402 and 452; 1991 Nos. 2, 8, 18, 25, 43, 60, 88, 201, 226, 229, 230, 243, 285, 295, 342, 349, 418, 481 and 484; 1992 Nos. 22, 51, 96, 112, 125, 183 , 231, 278, 291, 311 and 315.

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