Migration Regulations (Amendment) (Cth)
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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 2 November 1992.
BILL HAYDEN
Governor-General
By His Excellency’s Command,
MICHAEL DUFFY
Attorney-General
for and on behalf of the
Minister of State for Immigration,
Local Government and Ethnic Affairs
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1.1 Regulations 3, 4, 5 and 11 to 16 (inclusive) commence on 1 December 1992.
The remainder of these Regulations commence
on gazettal: see
2.1 The Migration Regulations are amended as set out in these Regulations.
3.1 Subregulation 40 (1):
Add at the end:
“; (u) the person is a person to whom paragraph 42 (1) (bb) applies.”.
4.1 After paragraph 42 (1C) (ba), insert:
“(bb) if the applicant:
(i) entered Australia on or after 19 December 1989 as the holder of a prospective marriage entry visa operating as an entry permit, or of a prospective marriage entry permit, being a visa or entry permit that authorised the applicant to be in Australia for a period of 3 months; and
(ii) after having become an illegal entrant, married the person stated by the applicant in the application for that visa or the visa on the basis of which the prospective marriage entry permit was granted to be the person whom he or she proposed to marry; and
(iii) is nominated by the spouse of the applicant referred to in subparagraph (ii); or”.
5.1 Subparagraph 72 (c) (ii):
Omit “3”, substitute “6”.
6.1 Paragraph 98B (1) (c):
Omit the paragraph, substitute:
“(c) subject to subregulation (1A), the Minister is satisfied that the applicant is a genuine applicant for entry as a student; and”.
6.2 After subregulation 98B (1), insert:
“(1A) For the purposes of paragraph (1) (c), the Minister may have regard:
(a) to the financial ability of the applicant to undertake the course without contravening any terminating condition relating to the work in which the applicant may engage; and
(b) subject to regulation 98F, to the applicant’s comprehension of the English language for the purposes of the course; and
(c) any other relevant matter.”.
7.1 Subregulation 98F (1):
Omit “, under paragraph 98D (2) (d),”, substitute “, under subregulation 98B (1A) or paragraph 98D (2) (d),”.
8.1 Paragraph 105 (a):
Omit the paragraph, substitute:
“(a) the applicant is a person who is:
(i) subject to persecution; or
(ii) registered as being of concern to the United Nations High Commissioner for Refugees;”.
9.1 Subregulation 107B (4):
Omit the subregulation, substitute:
A PRC (temporary) visa issued to an applicant who is the
holder of an entry permit granted on the basis that the applicant was shown by records kept by the Department:
(a) to have entered Australia under that entry permit on or before 20 June 1989; and
(b) to have been in Australia on that day;
is subject to the terminating condition that the person must not travel to the PRC.”.
10.1 Paragraphs 119G (1) (ba) and (2) (b):
Omit “31 October 1992”, substitute “30 June 1993”.
11.1 After sub-subparagraph 126 (1) (a) (ii) (A), insert:
“(AA) a prescribed applicant referred to in paragraph 42 (1C) (bb); or”.
12.1 Subparagraph 127 (a) (iv):
Omit the subparagraph, substitute:
“(iv) is an illegal entrant to whom paragraph 42 (1C) (a), (c) or (ca) applies; or”.
13.1 After paragraph 135 (1) (a), insert:
“(aa) the applicant is a person who, not less than 2 years after the day on which the application was made:
(i) is the holder of a valid extended eligibility (spouse) entry permit granted on the basis that the applicant was a prescribed applicant referred to in paragraph 42 (1C) (bb); and
(ii) satisfies the criteria mentioned in subparagraph (a) (i); or
(ab) the applicant:
(i) is the holder of a prospective marriage entry permit or a prospective marriage entry visa operating as an entry permit; and
(ii) has married the person whom the applicant entered Australia under that entry permit or visa to marry; and
(iii) is nominated by that person for the entry permit or visa ; and
(iv) has a genuine and continuing relationship with that person; or”.
14.1 Subparagraph 140 (2) (c) (i):
Omit the subparagraph, substitute:
“(i) is an illegal entrant to whom paragraph 42 (1C) (a), (c) or (ca) applies; and”.
15.1 Subparagraph 142 (b) (ii):
Omit the subparagraph.
16.1 Paragraph 186B (1) (b):
Omit the paragraph, substitute:
“(b) if the applicant holds a valid prospective marriage entry permit or prospective marriage visa when the application is decided—a fee of $370; or
(c) in any other case—no fee.”.
17.1 Part 1, item 24, column 3, paragraph (b):
the paragraph, substitute:
“(b) B1, D, H, K”.
18.1 Regulation 4 of Statutory Rules 1991 No. 349 is amended by omitting “30 November 1992” and substitutng “1 March 1993”.
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1. Notified in the
Commonwealth of Australia Gazette on 2 November 1992.2. Statutory Rules 1989 No. 365 as amended by 1989 Nos. 414 and 416; 1990 Nos.1, 34, 69, 75, 109, 204, 237, 237, 242, 251, 261, 272, 279, 320, 339, 371, 402 and 452; 1991 Nos. 2, 8, 18, 25, 43, 60, 88, 201, 226, 229, 230, 243, 285, 295, 342, 349, 418, 481 and 484; 1992 Nos. 22, 51, 96, 112, 125, 183 , 231, 278, 291, 311 and 315.
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