Migration Regulations (Amendment) (Cth)

Statutory Rules 1997

No. 185 1

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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, make the following Regulations under the Migration Act 1958.

Dated 30 June 1997.

 WILLIAM DEANE

 Governor-General

By His Excellency’s Command,

PHILIP RUDDOCK

Minister for Immigration and Multicultural Affairs

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1.   Commencement

1.1   These Regulations commence on 1 July 1997.

2.   Amendment

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

3.   Regulation 4.02 (Application for internal review)

3.1   Subparagraph 4.02 (2) (a) (ii):

Omit “14 days”, substitute “21 days”.

4.   Regulation 4.05 (Refund of fee for internal review)

4.1   Subregulation 4.05 (1):

After “if:”, insert:

• “(a)

  the decision to which the review relates is set aside or varied by a review authority; or

• (b)

  the review authority remits the matter to the original decision-maker for reconsideration; or”.

5.   Regulation 4.10 (Time for lodgment of application for review by the Tribunal)

5.1   Subparagraph 4.10 (1) (a) (ii):

Omit “14 days”, substitute “21 days”.

6.   Regulation 4.13 (Review by the Tribunal—prescribed fee and waiver)

6.1   Paragraph 4.13 (1) (b):

Omit “$500.”, substitute “$850.”.

7.   Regulation 4.14 (Refund of fee for review by the Tribunal)

7.1   Subregulation 4.14 (1):

After “if:”, insert:

• “(a)

  the decision to which the review relates is set aside or varied; or

• (b)

  the application is remitted to the primary decision-maker for reconsideration; or”.

8.   Regulation 4.31 (Applications)

8.1   Paragraph 4.31 (2) (b):

Omit the paragraph, substitute:

• “(b)

  in any other case—28 days.”

9.   Regulation 4.31B (Review by the Tribunal—fee and waiver)

9.1   Subregulation 4.31B (5):

Omit “1997.”, substitute “1997 and before 1 July 1999.”.

10.   Schedule 2, Part 010 (Bridging visa A)

10.1   Paragraph 010.611 (2) (b):

Omit the paragraph, substitute:

• “(b)

  has been in Australia for a period of 45 days or more, or for periods totalling 45 days or more, (not including any day for part of which the applicant was not in Australia) in the 12 months immediately before the date of that application; and

• (c)

  is not within a class of persons specified by Gazette Notice for the purposes of this paragraph:”.

11.   Schedule 2, Part 020 (Bridging visa B)

11.1   Paragraph 020.611 (2) (b):

Omit the paragraph, substitute:

• “(b)

  has been in Australia for a period of 45 days or more, or for periods totalling 45 days or more, (not including any day for part of which the applicant was not in Australia) in the 12 months immediately before the date of that application; and

• (c)

  is not within a class of persons specified by Gazette Notice for the purposes of this paragraph:”.

12.   Schedule 2, Part 030 (Bridging visa C)

12.1   Paragraph 030.212 (3) (b):

Omit the paragraph, substitute:

• “(b)

  in the case of an applicant who applies for a Protection (Class AZ) visa on or after 1 July 1997—either:

  • (i)

    the applicant has been in Australia for a period less than 45 days, or for periods totalling less than

    45 days, (not including any day for part of which the applicant was not in Australia) in the 12 months immediately before the date of that application; or

  • (ii)

    otherwise—the applicant is within a class of persons specified by Gazette Notice for the purposes of this subparagraph; and”.

13.   Schedule 2, Part 050 (Bridging visa (General))

13.1   Paragraph 050.212 (8) (b):

Omit the paragraph, substitute:

• “(b)

  in the case of an applicant who applies for a Protection (Class AZ) visa on or after 1 July 1997—either:

  • (i)

    the applicant has been in Australia for a period less than 45 days, or for periods totalling less than

    45 days, (not including any day for part of which the applicant was not in Australia) in the 12 months immediately before the date of that application; or

  • (ii)

    otherwise—the applicant is within a class of persons specified by Gazette Notice for the purposes of this subparagraph; and”.

13.2   Paragraph 050.613A (1) (b):

Omit the paragraph, substitute:

• “(b)

  has been in Australia for a period of 45 days or more, or for periods totalling 45 days or more, (not including any day for part of which the applicant was not in Australia) in the 12 months immediately before the date of that application; and

• (c)

  is not within a class of persons specified by Gazette Notice for the purposes of this paragraph:”.

14.   Schedule 2, Part 051 (Bridging visa (Protection Visa Applicant))

14.1   Paragraph 051.611A (1) (b):

Omit the paragraph, substitute:

• “(b)

  has been in Australia for a period of 45 days or more, or for periods totalling 45 days or more, (not including any day for part of which the applicant was not in Australia) in the 12 months immediately before the date of that application; and

• (c)

  is not within a class of persons specified by Gazette Notice for the purposes of this paragraph:”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 1 July 1997.

2. Statutory Rules 1994 No. 268 as amended by 1994 Nos. 280, 322, 376 and 452; 1995 Nos. 3, 38, 117, 134, 268, 302 and 411; 1996 Nos. 12, 75, 76, 108, 121, 135, 198, 211 and 276; 1997 Nos. 17, 64, 91, 92, 109, 137 and 184.