Migration Regulations (Amendment) (Cth)

Statutory Rules 1995

No. 3 1

__________________

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 27 January 1995.

 BILL HAYDEN

 Governor-General

By His Excellency’s Command,

R. McMULLAN

Minister for Trade

for the

Minister for Immigration and Ethnic Affairs

____________

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. New

regulation 2.12A

2.1   After regulation 2.12, insert in Division 2.2:

Safe third country and prescribed connection (subsection 91D (1) of the Act)

“2.12A.

(1) For the purposes of paragraphs 91D (1) (a) and (b) of the Act:

• (a)

  PRC is a safe third country in relation to a person who is, or has been, a Vietnamese refugee settled in PRC, or a person who 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 Memorandum of Understanding between Australia and PRC the English text of which is set out in Schedule 11; and

• (b)

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

“(2)

The use in subregulation (1) of the word ‘Vietnamese’ is as a reference to nationality or country of origin and not as an ethnic description.

[NOTE: 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.’]”.

3.   New Schedule 11

3.1   Add at the end:

“SCHEDULE 11

Subregulation 2.12A (1)

MEMORANDUM OF UNDERSTANDING

Representatives of the Ministry of Civil Affairs of the People’s Republic of China and the Department of Immigration and Ethnic Affairs of Australia met in Beijing from January 20 to 25, 1995 on the issue of recent unauthorised arrivals in Australia of Vietnamese refugees settled in China.

 The discussions were held in a friendly and cooperative atmosphere.

Being concluding parties to the “1951 Convention Relating to the Status of Refugees” and the “1967 Protocol Relating to the Status of Refugees”, both parties observed that since 1979 the Chinese Government has provided effective protection to over 280,000 Vietnamese refugees

 settled in China, including significant humanitarian assistance such as land, housing, medical care, education and employment. Both parties also noted that the United Nations High Commissioner for Refugees has been closely involved in all matters relating to the refugees, with the active cooperation of the Chinese authorities, both centrally and locally.

Both parties noted that the recent movement to Australia of some Vietnamese refugees settled in China was unauthorised.

 Consistent with international practice, both parties expressed their opposition to the unauthorised flow of refugees to third countries from the country of first asylum where they enjoy protection.

Both parties agreed that for the recent and possible future unauthorised arrivals in Australia of Vietnamese refugees settled in China they will, in the spirit of international cooperation and burden sharing and maintaining and further developing the friendly relations between China and Australia, and fulfilling international obligations consistent with international practice, engage in friendly consultations and seek proper settlement of the issue through agreed procedures.

 To this end, Vietnamese refugees settled in China returned under agreed verification arrangements, will continue to receive the protection of the Government of China.

On this basis both parties reached the following understandings on special arrangements for dealing with current unauthorised arrivals in Australia of Vietnamese refugees settled in China.

1. The Ministry of Civil Affairs agrees to accept those refugees settled in China, subject to verification procedures as agreed between the two parties, and will be responsible for their resettlement. However, this will not constitute a precedent for China in its handling of similar cases with other countries and regions.

2. The Department of Immigration and Ethnic Affairs will provide the Ministry of Civil Affairs with Vietnamese refugee registration forms as agreed between the two parties to facilitate the verification by the Chinese side. The Department of Immigration and Ethnic Affairs will be responsible for the return of the verified Vietnamese refugees to China by air and will meet all associated costs. The refugees will be returned in groups as soon as possible as verification procedures are completed.

3. Both parties agree to keep the UNHCR informed of the outcome of the negotiations and progress in relation to the returns, and seek its assistance if necessary.

Done in duplicate in Beijing on January 25, 1995 in Chinese and English, both texts being equally authentic.

Director-General, Office for  Ambassador to the People’s Reception and Settlement of  Republic of China 

Indo-Chinese Refugees

For the Ministry of Civil Affairs  For the Department of

of the People’s Republic of China Immigration and Ethnic Affairs  of Australia”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 27 January 1995.

2. Statutory Rules 1994 No. 268 as amended by 1994 Nos. 280, 322, 376 and 452.