Migration Regulations (Amendment) (Cth)

Statutory Rules 1996

No. 12 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 24 January 1996.

 

 BILL HAYDEN

 Governor-General

By His Excellency’s Command,

  

NICK BOLKUS

Minister for Immigration and Ethnic Affairs

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1.   Commencement

1.1   These Regulations commence on 1 April 1996.

2.   Amendment

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

3.   Regulation 1.03 (Interpretation)

3.1   Insert:

“‘oral application’, in relation to a visa,means an application made in accordance with regulation 2.09;”.

4. New

regulation 2.09

4.1   After regulation 2.08, insert:

Oral applications for visas

 “2.09.If an item in Schedule 1 authorises oral application for a class of visa by a person in a specified class of persons, a person in that class may apply for a visa of that class by telephone to, or attendance at, an office of Immigration in Australia specified by Gazette Notice as an office at which an oral application may be made, but only at a time, or during a period, specified by Gazette Notice as a time at which, or period during which, an oral application may be made at that office.”.

5.   Regulation 2.10 (Where application must be made)

5.1   Paragraph 2.10 (1) (b):

Omit “subject to subregulation (3),”, substitute “subject to regulation 2.09 and subregulation (3),”.

6.   Regulation 2.13 (Communication with Minister)

6.1   Subregulation 2.13 (3):

Add at the end:

• “; or (c)

  an oral application.”.

7.   Regulation 2.19 (Evidence of visa need not be given in certain cases)

7.1   Add at the end:

• “; or (c)

  if the visa is granted on the basis of an oral application.”.

8.   Regulation 2.22 (Invalid application for substantive visa)

8.1   Omit “A non-citizen”, substitute “Subject to subregulation (2), a non-citizen”.

8.2   Add at the end:

 “(2) References in subregulation (1) to an application do not include an oral application or an oral communication that purports to be an oral application.”.

9.   Schedule 1 (Classes of visas)

9.1   Paragraph 1214 (1) (b):

Omit the paragraph, substitute:

“(b) If the application is made in Australia: Form 601 (unless the application is an oral application in accordance with paragraph (3) (aa), in which case no form is required).”.

9.2   After paragraph 1214 (3) (a), insert:

“(aa) Oral application may be made if, and only if, the applicant:

• (i)

  is in Australia (but not in immigration clearance); and

• (ii)

  is the holder of a Long Stay (Visitor) (Class TN) visa or a Short Stay (Visitor) (Class TR) visa.”.

10.   Schedule 2, Part 686 (Tourist (Long Stay))

[NOTE:   The Note in Division 686.1 should be omitted and the following Note substituted:

“[NOTE:   ‘Oral application’ and ‘tourism’ are defined in regulation 1.03. No interpretation provisions specific to this Part.]”.

10.1   Paragraph 686.221 (4) (a), (b), (c) and (d):

Omit the paragraphs, substitute:

• “(a)

  the applicant is in Australia; and

• (aa)

  the application is not an oral application; and

• (b)

  the applicant is suffering financial hardship as a result of changes in the applicant’s circumstances after entering Australia; and

• (c)

  the applicant, or a member of the applicant’s immediate family, is likely to become a charge on public funds in Australia; and

• (d)

  for reasons beyond the applicant’s control, the applicant, or a member of the applicant’s immediate family, cannot leave Australia; and”.

10.2   Paragraph 686.221 (4) (f):

Omit the paragraph, substitute:

• “(f)

  the applicant meets public interest criterion 4005; and”.

10.3   Subclause 686.511 (2):

After “If the visa is granted in Australia”, insert “on the basis of an application other than an oral application”.

10.4   Clause 686.511:

Add at the end:

“(3)

If the visa is granted in Australia on the basis of an oral application—temporary visa permitting the holder:

• (a)

  to remain in Australia until the date (in this subclause called ‘the last stay date’) that is the earlier of:

  • (i)

    the date 6 months after the latest date on which the substantive visa held by the holder at the time of making the oral application would have permitted the holder to remain in Australia; or

  • (ii)

    the date 12 months from the date on which the holder last entered Australia; and

• (b)

  if the visa holder leaves Australia during the visa period:

  • (i)

    to travel to, and enter, Australia on 1 or more occasions until the date that is the later of:

    • (A)

      the latest date on which the holder could have entered Australia under the authority of the substantive visa held by the holder at the time of making the oral application; or

    • (B)

      the last stay date; and

  • (ii)

    to remain in Australia after each entry:

    • (A)

      for a period specified by the Minister for the purpose; or

    • (B)

      until a date specified by the Minister for the purpose.”.

10.5   Clause 686.611:

Omit the clause, substitute:

“686.611 In the case of a visa granted to an applicant who meets the requirements of subclause 686.221 (4): conditions 8201 and 8205.”.

10.6   Clause 686.711:

Omit the clause, substitute:

“686.711 No evidence need be given if the visa is granted on the basis of an oral application.

“686.712 If evidence is given, to be given by visa label affixed to a valid passport.”.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 31 January 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.