Migration Regulations (Amendment) (Cth)

Statutory Rules 1996

No. 135 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 28 June 1996.

 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.   Regulation 2.12A (Safe third country and prescribed connection (subsection 91D (1) of the Act))

2.1   After subregulation (2), insert:

 “(3) This regulation does not apply to a person to whom regulation 2.12B applies.”.

3. New

regulation 2.12B

3.1   After regulation 2.12A, insert in Division 2.2:

Safe third country, prescribed connection and cut off day (subsection 91D (1) and paragraph 91G (1) (b) of the Act)

 “2.12B.(1) For the purposes of paragraph 91D (1) (a) of the Act, PRC is a safe third country in relation to a person who:

• (a)

  either:

  • (i)

    is, or has been, a Vietnamese refugee settled in PRC; or

  • (ii)

    is a close relative of, or is dependent on, a person who is, or has been, a Vietnamese refugee settled in PRC;

 as covered by the agreement between Australia and PRC; and

• (b)

  entered Australia without lawful authority on or after 1 January 1996.

 “(2) For the purposes of paragraph 91D (1) (b) of the Act, a person referred to in subregulation (1) has a prescribed connection with PRC if the person, or a parent of the person, resided in PRC at any time before the person entered Australia.

 “(3) For the purposes of paragraph 91G (1) (b) of the Act, the cut off day in relation to this regulation is 6 February 1996.

 “(4) In this regulation:

• (a)

  ‘agreement between Australia and PRC’ means the agreement constituted by the Memorandum of Understanding the English text of which is set out in Schedule 11, together with the exchange of letters between representatives of Australia and PRC dated 5 June 1996 and 6 June 1996 the text of which is set out in Schedule 12;

(b) the use of the word ‘Vietnamese’ is as a reference to nationality or country of origin and not as an ethnic description.

[NOTES: 1. ‘PRC’ is defined in regulation 1.03.

 2. Subsection 91D (4) of the Act provides: ‘A regulation made for the purposes of paragraph (1) (a) ceases to be in force at the end of 2 years after the regulation commences.’]”.

4.   New Schedule 12

4.1   Add at the end:

“SCHEDULE 12

Subregulation 2.12B (4)

EXCHANGE OF LETTERS

PART 1

[insert copy of letter of 5 June 1996]

SCHEDULE 12—continued

PART 2

[insert copy of letter of 6 June 1996]

NOTES

1. Notified in the Commonwealth of Australia Gazette on 1 July 1996.

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 and 121.