Migration Regulations (Amendment) (Cth)

Statutory Rules 1983 No. 2441

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Migration Regulations2 (Amendment)

I, THE GOVERNOR-GENERAL 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 28 October 1983.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

STEWART WEST

Minister of State for Immigration and Ethnic Affairs

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Principal Regulations

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

Fees for further entry permits

2. Regulation 29a of the Principal Regulations is amended—

(a) by omitting sub-regulation (1) and substituting the following sub-regulation:

“(1) Subject to this regulation and to regulations 29aa and 29d, the fee payable on lodging an application—

(a) for the grant of a further temporary entry permit, other than a temporary entry permit of the kind referred to in regulation 29aa— is $30; and

(b) for the grant of a further entry permit, other than a temporary entry permit, is—

(i) in respect of an application lodged by virtue of the condition referred to in paragraph 6a (1) (c) of the Act being fulfilled—$50;

 

(ii) in respect of an application lodged by virtue of the condition referred to in paragraph 6a (1) (d) of the Act being fulfilled—$155; or

(iii) in any other case—$80.”; and

(b) by inserting after sub-regulation (2)the following sub-regulations:

“(2a) Where—

(a) a temporary entry permit has been granted to a person;

(b) the person has lodged an application for the grant of a further entry permit, other than a temporary entry permit;

(c) the application has neither been granted nor refused; and

(d) the person lodged an application for the grant of a further temporary entry permit,

no fee is payable in respect of the application for the grant of a further temporary entry permit.

“(2b) Where—

(a) a person has paid the fee payable under sub-regulation (1) or regulation 29aa in respect of an application for the grant of a further temporary entry permit;

(b) the grant of a further temporary entry permit has been refused;

(c) the decision to refuse the grant of the further temporary entry permit is, at the request of the person, being reconsidered; and

(d) the person lodges an application for the grant of a further temporary entry permit (in this sub-regulation referred to as a ‘second application’),

no fee is payable in respect of a second application.

“(2c) Where—

(a) a person was the holder of an entry permit, other than a temporary entry permit, immediately prior to his departure from Australia;

(b) the person was issued outside Australia with a visa that enabled the person to travel to Australia;

(c) the person was issued on arrival in Australia with a temporary entry permit; and

(d) the person lodges an application for the grant of a further entry permit, other than a further temporary entry permit,

no fee is payable in respect of the application.”.

3. After regulation 29a of the Principal Regulations the following regulation is inserted:

Fees for conditional entry permits

“29aa. (1) In this regulation—

‘conditional temporary entry permit’ means a temporary entry permit granted subject to a condition of the kind referred to in sub-section 6 (6a) of the Act;

‘unconditional temporary entry permit’ means a temporary entry permit granted unconditionally or subject to a condition other than a condition of the kind referred to in sub-section 6 (6a) of the Act.

“(2) Subject to sub-regulations (4) and (5), the fee payable on lodging an application for an unconditional temporary entry permit, being an application lodged on behalf of a person by another person who proposes to employ the first-mentioned person, is $ 125.

“(3) Subject to sub-regulation (5), the fee payable on the lodging, by the holder of a conditional temporary entry permit, of an application for an unconditional temporary entry permit is $50.

“(4) Where 10 or more applications of the kind referred to in sub-regulation (2) are lodged at the same time by the person who proposes to employ the persons on whose behalf the applications are lodged, the aggregate of the fees payable in respect of the applications shall not exceed $1250.

“(5) Where an application of the kind referred to in sub-regulation (2) or (3) is made by or on behalf of a person (in this sub-regulation referred to as the “applicant”)—

(a) who does not intend to stay in Australia for a period that exceeds 4 months;

(b) who enters Australia for the purpose of obtaining training by his employer in the course of his employment, being training designed to increase the applicant’s occupational skill; or

(c) who—

(i) is employed by an organization in the country in which he resides; and

(ii) enters Australia for the purpose of gaining work experience as part of a scheme whereby an Australian resident has been or is employed by an organization in that country for the purpose of gaining work experience,

no fee is payable on the application.

“(6) In sub-regulation (5), ‘organization’ includes—

(a) the government of a country other than Australia; and

(b) a body incorporated by or under a law of the Commonwealth, a State or such a country,

and any other corporation, association, partnership or body.

“(7) Where, in respect of a person who is the holder of a conditional temporary entry permit—

(a) a claim has been made for refugee status;

(b) that claim is being considered by the Minister; and

(c) an application is made for an unconditional temporary entry permit,

no fee is payable on the application.

“(8) An application under sub-regulation (3) shall be in accordance with a form approved by the Secretary.”

4. After regulation 29c of the Principal Regulations the following regulation is inserted:

Exemption in certain cases

“29d. Where—

(a) a person who is a member of the immediate family of an Australian resident applies outside Australia for permission to settle in Australia;

(b) by reason of—

(i) the person being a resident of a country specified in Schedule 2 of the instrument made in pursuance of paragraph 1lC (I) (b) of the Act on 16 March 1983, being the instrument a copy of which was published in the Gazette on 12 April 1983;

(ii) a natural disaster or civil disorder in the country in which the person resided; or

(iii) the serious illness of a member of the person’s family in Australia,

the person is permitted to travel to Australia as a matter of urgency;

(c) upon his arrival in Australia the person is granted a temporary entry permit; and

(d) the person subsequently lodges an application of the kind referred to in paragraph 29a (1) (b),

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

Application

5. The amendments to the Principal Regulations made by these Regulations apply to and in relation to applications lodged on or after 1 November 1983.

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 31 October 1983.

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