Migration Regulations (Amendment) (Cth)

Case
No judgment structure available for this case.

Statutory Rules 1985 No. 2611

–––––––

Migration Regulations2 (Amendment)

I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Migration Act 1958.

Dated 26 September 1985.

J. A. ROWLAND

Administrator

By His Excellency’s Command,

JOHN KERIN

Minister of State for Primary Industry for and on behalf of the

Minister of State for Immigration

and Ethnic Affairs

–––––––––

Commencement

1. These Regulations shall come into operation on 1 October 1985.

Principal Regulations

2. In these Regulations, “Principal Regulations” means the Migration Regulations.

Interpretation

3. Regulation 3 of the Principal Regulations is amended by inserting after the definition of “passenger card” in sub-regulation (1) the following definition:

“ ‘refugee status’ means the status of refugee within the meaning of the Convention relating to the Status of Refugees that was done at Geneva on 28 July 1951 or of the Protocol relating to the Status of Refugees that was done at New York on 31 January 1967.”.

Fees for entry permits

4. Regulation 29a of the Principal Regulations is amended by omitting paragraph (1) (b) and substituting the following paragraph:

“(b) for the grant of a further entry permit, other than a temporary entry permit, is, in respect of an application lodged by virtue of one or more of the conditions referred to in sub-section 6a(1) of the Act being fulfilled—$200.”.

Fees for conditional entry permits

5. Regulation 29aa of the Principal Regulations is amended—

(a) by omitting from sub-regulation (2) “$135” and substituting “$145”; and

(b) by omitting from sub-regulation (3) “$55” and substituting “$60”.

6. After regulation 29aa of the Principal Regulations the following regulation is inserted:

Fee for non-citizen conditional entry, or entry visa

“29ab. (1) In this regulation—

‘non-citizen conditional entry visa’ means a visa granted to a person with a view to enabling that person to obtain—

(a) a temporary entry permit upon his or her arrival in Australia; and

(b) upon the fulfilment of a condition or requirement by the person after that arrival, an entry permit other than a temporary entry permit;

‘non-citizen entry visa’ means a visa granted to a person with a view to enabling that person to obtain an entry permit, other than a temporary entry permit, upon his or her arrival in Australia.

“(2) Subject to sub-regulation (5), the fee payable in respect of an application for—

(a) a non-citizen conditional entry visa; or

(b) a non-citizen entry visa, is $100.

“(3) A fee payable for a visa referred to in sub-regulation (2) is payable by the applicant for the visa in the following amounts:

(a) on lodging the application—$25; and

(b) on notice given to the applicant in writing by an officer that the balance of the fee is payable—$75.

“(4) Where, upon notice given to an applicant in accordance with paragraph (3) (b), the applicant fails to pay the amount referred to in that paragraph within the period of 90 days after the day on which the notice is given, the application shall lapse at the expiration of that period.

“(5) Where an application referred to in sub-regulation (2) is made by a person—

(a) in respect of whom (not being a person who is the holder of a return endorsement valid for re-entry into Australia), within the period of 12 months before the day on which the application is made, a valid entry permit, other than a temporary entry permit, was in force;

(b) in respect of whom the Minister or an officer authorised in writing by the Minister for the purposes of this paragraph has determined, by instrument in writing, that the person has refugee status; or

(c) in respect of whom the Minister or an officer authorised in writing by the Minister for the purposes of this paragraph has certified, by instrument in writing, that it would be reasonable, having regard to humanitarian considerations, not to impose a fee in respect of the application,

no fee is payable by the person in respect of the application.

“(6) Where a person referred to in sub-regulation (5) pays an amount in respect of any fee payable in respect of an application under this regulation, the person is entitled to a refund of that amount.”.

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 30 September 1985.

2. Statutory Rules 1959 No, 35 as amended by 1959 No.89; 1964 No. 158; 1966 No. 86; 1970 No. 41; 1976 No. 225; 1979 No. 234; 1981 No. 282; 1982 No. 375; 1983 No. 244; 1984 Nos. 46, 47 and 251.

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0