Migration Regulations (Amendment) (Cth)

Statutory Rules 1997

No. 184 1

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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 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.   New Regulation 2.08D

3.1   After regulation 2.08C, insert:

Certain persons who applied for Concessional Family (Migrant) (Class AJ) visas able to make further application

 “2.08D.(1) This regulation applies to a person if:

• (a)

  the person applied for a Concessional Family (Migrant) (Class AJ) visa; and

• (b)

  on or after 7 November 1996 and before 1 July 1997—the Minister made an assessment under subsection 93 (1) of the Act in relation to that application; and

• (c)

  the assessed score was more than 94 points but not more than 110 points; and

• (d)

  the application was:

  • (i)

    refused; or

  • (ii)

    taken to be put into a pool under paragraph 94 (3) (b) of the Act.

 “(2) The Minister may invite a person to whom subregulation (1) applies to make an application (in this regulation called ‘a further application’) for a Skilled—Australian Linked (Migrant) (Class AJ) visa.

[NOTE:  An invitation sent under this regulation is taken to be received at a time worked out under regulation 5.03.]

 “(3) A person who is invited to make a further application, and wishes to make the further application, must do so on or before 31 December 1997.

 “(4) For the further application, the score of the number of points assessed for the prescribed qualifications specified in Parts 1, 2, 4, 5, 6 and 7 of Schedule 6 is the same as the number of points assessed in relation to those qualifications when the assessment referred to in paragraph (1) (b) was made.

[NOTE:  The number of points for the prescribed qualifications specified in

Part 3 of Schedule 6 is the number of points assessed, for the further application, under subsection 93 (1) of the Act.]

 “(5) For the further application, the visa application charge, payable before the grant of the visa, is:

• (a)

  in the case of each applicant who was 18 years or more at the time of the application mentioned in subclause (1) and is assessed as not having functional English—$2,200; or

• (b)

  in any other case—nil.”. 

4.   Regulation 2.26 (Prescribed qualifications and prescribed number of points)

[NOTE:  The following note should be inserted after subregulation 2.26 (2):

“[NOTE:  For the number of points for the prescribed qualifications specified in Parts 1, 2, 4, 5, 6 and 7 of Schedule 6 for a person who makes a further application for a Skilled—Australian Linked (Migrant) (Class AJ) visa under regulation 2.08D, see subregulation 2.08D (4).]”.]

5.   Schedule 1 (Classes of visas)

[NOTE:  The following note should be inserted after paragraph 1128A (2) (b):

“[NOTE:  For the visa application charge payable by a person who makes a further application for a Skilled—Australian Linked (Migrant) (Class AJ) visa under regulation 2.08D, see subregulation 2.08D (5).]”.]

6.   Schedule 2, Part 105 (Skilled—Australian Linked)

6.1   Clause 105.224:

Add at the end:

 “(3) For this clause, if an applicant is a person to whom subregulation 2.08D (1) applies, the Occupations Requiring English List for the applicant’s further application under regulation 2.08D, means the list that, under regulation 1.19, was published in the Gazette on 31 August 1994.”.

7.   Schedule 2, Part 435 (Sri Lankan)

7.1   Clause 435.213:

Omit the clause, substitute:

“435.213 The applicant entered Australia on or before 1 November 1993 as the holder of an entry permit or an entry visa which had effect as if it were an entry permit.”.

7.2   Clause 435.214:

Omit “31 July 1997.”, substitute “31 July 1998.”.

7.3   Clause 435.511:

Omit “31 July 1997.”, substitute “31 July 1998.”.

8.   Schedule 2, Part 443 (Citizens of Former Yugoslavia)

8.1   Clause 443.213:

Omit the clause, substitute:

“443.213 The applicant entered Australia on or before 1 November 1993 as the holder of an entry permit or an entry visa which had effect as if it were an entry permit.”.

8.2   Clause 443.214:

Omit “31 July 1997.”, substitute “31 July 1998.”.

8.3   Clause 443.511:

Omit “31 July 1997.”, substitute “31 July 1998.”.

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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 and 137.