Migration Regulations (Amendment) (Cth)
__________________
I, The Governor-General of the Commonwealth of Australia, acting with the advice of the
Federal Executive Council, make the following Regulations under the
Dated 30 April 1997.
WILLIAM DEANE
Governor-General
By His Excellency’s Command,
PHILIP RUDDOCK
Minister for Immigration and Multicultural Affairs
____________
1.1 These Regulations commence on 1 May 1997.
2.1 The Migration Regulations are amended as set out in these Regulations.
3.1 Subregulation 1.09A (2):
Omit the subregulation, substitute:
“
(a) they are not within a prohibited degree of relationship; and
(b) they have both turned 18; and
(c) the Minister is satisfied that:
(i) they have a mutual commitment to a shared life to the exclusion of any spouse relationships or any other interdependent relationships; and
(ii) the relationship between them is genuine and continuing; and
(iii) they:
(A) live together; or
(B) do not live separately and apart on a permanent basis; and
(d) subject to subregulation (2A), where either of them is an applicant for an Extended Eligibility (Temporary) (Class TK), General (Residence) (Class AS), Interdependency (Migrant) (Class BI) or Interdependency (Provisional) (Class UG) visa—the Minister is satisfied that, for the period of 12 months immediately preceding the date of application of the party relying on the existence of the relationship:
(i) they had a mutual commitment to a shared life to the exclusion of any spouse relationships or any other interdependent relationships; and
(ii) the
relationship between them was genuine and continuing; and (iii)
the y had:
(A) been living together; or
(B) not been living separately and apart on a permanent basis.
“
3.2 Subregulation 1.09A (5):
Omit “application for an Interdependency (Migrant) (Class BI), Interdependency (Provisional) (Class UG), General (Residence) (Class AS) or Extended Eligibility (Temporary) (Class TK) visa,”, substitute “application for a visa,”.
3.3 Subregulation 1.09A (6):
Omit “If a person has been living with another person”, substitute “If 2 persons have been living together at the same address”.
4.1 Subregulations 1.15A (1) and (2):
Omit the subregulations, substitute:
“
(a) in a
stable married relationship, as described in subregulation (1A); or(b) in a
stable de facto relationship, as described in subregulation (2).
“
(a) they are married to each other under a marriage that is recognised as valid for the purposes of the Act; and
(b) the Minister is satisfied that:
(i) they have a mutual commitment to a shared life as husband and wife to the exclusion of all others; and
(ii) the relationship between them is genuine and continuing; and
(iii) they:
(A) live together; or
(B) do not live separately and apart on a permanent basis.
“
(a) they:
(i) are of opposite sexes; and
(ii) are not married to each other under a marriage that is recognised as valid for the purposes of the Act; and
(iii) are not within a relationship that is a prohibited relationship for the purposes of subsection 23B (2) of the
Marriage Act 1961 ; and(b) they are of full age, that is:
(i) if either of the persons is domiciled in Australia—both of them have turned 18; or
(ii) if neither of the persons is domiciled in Australia—both of them have turned 16; and
(c) the Minister is satisfied that:
(i) they have a mutual commitment to a shared life as husband and wife to the exclusion of all others; and
(ii) the relationship between them is genuine and continuing; and
(iii) they:
(A) live together; or
(B) do not live separately and apart on a permanent basis; and
(d) subject to subregulation (2A), where either of them is an applicant for a permanent visa, an Extended Eligibility (Temporary) (Class TK) visa or a Spouse (Provisional) (Class UF)
visa —the Minister is satisfied that, for the period of 12 months immediately preceding the date of application of the party relying on the existence of the relationship:
(i) they had a mutual commitment to a shared life as husband and wife to the exclusion of all others; and
(ii) the
relationship between them was genuine and continuing; and (iii)
the y had:
(A) been living together; or
(B) not been living separately and apart on a permanent basis.
“
the applicant is applying as
(i) the spouse of a person who:
(A) is, or was, the holder of a permanent humanitarian visa; and
(B) before that permanent humanitarian visa was granted, was in a relationship with the applicant that satisfies the requirements of subparagraphs (2) (c) (i), (ii) and (iii) and of which Immigration was informed before the visa was granted; or
(ii) a member of the family unit of a person who is an applicant for a permanent humanitarian visa; or
(b) the applicant can establish compelling and compassionate circumstances for the grant of the visa.”.
[Note: The following note should be inserted after subregulation 1.15A (2A):
“[NOTE: ‘permanent humanitarian visa’ is defined in regulation 1.03.]” ].
4.2 Subregulation 1.15A (3):
Omit “for the purposes of paragraph (1) (b) and (c)”, substitute “whether 2 persons are in a married relationship, or a de facto relationship,”.
4.3 Subregulation 1.15A (4):
Omit “for the purposes of paragraph (1) (b) and (c)”, substitute “whether 2 persons are in a married relationship, or a de facto relationship,”.
4.4 Subregulation 1.15A (5):
Omit “If a person has been living with another person”, substitute “If 2 persons have been living together at the same address”.
_____________________________________________________
1. Notified in the
Commonwealth of Australia Gazette on 1 May 1997.2.
Statutory Rules ^ year ^ No. ^ number ^, as amended by Statutory Rules ^ year ^ No. ^ number ^ 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
0
0
0