Migration Regulations (Amendment) (Cth)

Statutory Rules 1997

No. 17 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 19 February 1997.

 WILLIAM DEANE

 Governor-General

By His Excellency’s Command,

PHILIP RUDDOCK

Minister for Immigration and Multicultural Affairs

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1.   Amendment

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

[NOTE: These Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.]

2.   Schedule 1 (Classes of visas)

2.1   Subitem 1107 (2):

After paragraph (ab), insert:

• “(ac)

  Applicant who appears to the Minister, on the basis of the information contained in the application, to be an orphan relative or a special need relative:

 $600.”.

2.2   Paragraph 1107 (2) (b):

Omit “$600.”, substitute “$1500.”.

2.3   Subitem 1115 (2):

After paragraph (bb), insert:

• “(bc)

  Applicant who appears to the Minister, on the basis of the information contained in the application, to be an orphan relative or a special need relative:

 $600.

• (bd)

  Applicant who:

  • (i)

    is the holder of a Subclass 300 (Prospective Marriage) visa granted on the basis of an application that was made:

    • (A)

      before 1 November 1996; or

    • (B)

      in response to an invitation under subregulation 2.11 (1) in relation to an application for a Spouse (Migrant) (Class BC) visa that was made before 1 November 1996 and has been refused; and

  • (ii)

    is married to the person who was specified as the applicant’s intended spouse in the application that resulted in the grant of that Subclass 300 visa; and

  • (iii)

    seeks to remain in Australia permanently on the basis of that marriage:

 $600.”.

2.4   Paragraph 1115 (2) (c):

Omit “$600.”, substitute “$1500.”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 26 February 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.