Migration Regulations (Amendment) (Cth)
Statutory Rules 1992 No.291 1
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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 17 September 1992.
BILL HAYDEN Governor-General
By His Excellency’s Command,
GERRY HAND
Minister of State for Immigration,
Local Government and Ethnic Affairs
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1.1 These Regulations, other than regulations 6, 7 and 10, commence on
17 September 1992.
1.2 Regulations 6 and 7 are taken to have commenced on 1 September
1992.
1.3 Regulation 10 commences on 2 November 1992.
92R444, 11/2/01, 16:28 PM
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2.1 The Migration Regulations are amended as set out in these
Regulations.
3.1 Subparagraph 4 (a) (i):
After “risk” insert “, directly or indirectly,”.
5.1 Subregulation 42 (2):
After “34F,”, insert “ 34G, 34H,”.
6.1 Subregulation 48A (1):
Paragraph (a) of the definition of
After “business”, insert “ or principal business”.
6.2 Subregulation 48A (1):
Paragraph (b) of the definition of
Omit “principle”, substitute “principal”.
6.3 Paragraph 48A (2) (b):
Omit the paragraph, substitute:
“(b) in any 3 fiscal years in the 4 fiscal years immediately
preceding the making of the application, the net assets of:
(i) the applicant; or
(ii) the applicant and the applicant’s spouse together;
in a business or businesses were not less than the equivalent
of AUD 350,000 in each of those years; and”.
6.4 Paragraph 48A (2) (c): applicant’s principal business,”.
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6.5 Paragraph 48A (2) (c):
Omit “the applicant’s principal business”, substitute “that business”.
6.6 Subparagraph 48A (2) (f) (ii):
After “participate”, insert “ as a proprietor or shareholder”.
7.1 Subregulation 48B (1):
Definition of
Omit “ of the applicant”.
8.1 Subparagraph 107B (1) (a) (ii):
Omit the subparagraph, substitute:
“(ii) if the entry permit was granted on the basis that the
applicant satisfied criteria that included the
requirements that:
(A) the applicant was shown by records kept by the Department to have entered Australia on or before 20 June 1989; and
(B)
the applicant was in Australia on that day;
the applicant has made a written declaration to the Secretary that he or she does not intend to travel to the PRC while he or she holds a PRC (temporary) visa; or”.
9.1 After regulation 107F, insert:
“107G.
The following criteria are prescribed in relation to a Burmese
(special assistance) visa:
(a) | the applicant is a citizen of Burma; |
(b) | the applicant is resident in Burma; |
(c) | the applicant is subject to substantial discrimination in Burma; |
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(d) | no more than 150 Burmese (special assistance) visas will be granted during the financial year commencing on 1 July 1992 to applicants who have near relatives in Australia; |
(e) | no more than 100 Burmese (special assistance) visas will be granted during the financial year commencing on 1 July 1992 to applicants who do not have near relatives in Australia; |
(f) | the applicant produces to the Minister a written offer of support from either: |
(i) an organisation that is accepted by the Minister as representing the Burmese community in Australia; or
(ii) an established Community Refugee Settlement Scheme group;
(g)
an organisation referred to in paragraph (f) gives to the applicant a written undertaking addressed to the Minister that specifies assistance:
(i) that the organisation will provide to the applicant after his or her entry to Australia; and
(ii) that is acceptable to the Minister, having regard to the needs of the applicant for the period of 6 months after the applicant enters Australia;
with regard to the following matters:
(iii) food, clothing, accommodation and household goods;
(iv) personal support;
(v) access to community and public services;
(vi) obtaining employment;
(vii) language interpretation and securing English language instruction;
(viii) community involvement and self-reliance;
(ix) reimbursing the Commonwealth for its costs (if any) in providing accommodation services to the applicant;
(x) in the case of an applicant to whom subparagraph (ix) applies—reporting to the Department on progress in the settlement of the applicant;
(h)
the Minister is satisfied that:
(i) permanent settlement in Australia is the appropriate course for the applicant; and
(ii) permanent settlement of the applicant in Australia would not be contrary to the interests of Australia;
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(i) the Minister is satisfied that there are compelling reasons for giving special consideration to granting the applicant a visa.
“(2)
An applicant has a near relative in Australia for the purposes
of paragraphs (1) (d) and (e) if the applicant has a parent, daughter, son,
brother, sister, aunt, uncle, nephew or niece who:
(i) was an Australian citizen or an Australian permanent resident on 1 July 1992; and
(ii) continues to be an Australian citizen or permanent resident; and
(iii) is resident in Australia.
“107H.
The following criteria are prescribed in relation to a Sudanese
(special assistance) visa:
(a) | the applicant is a citizen of the Republic of Sudan; |
(b) | the Minister is satisfied that the applicant has experienced substantial discrimination or serious distress because of his or her ethnic origin or religious affiliation; |
(c) | the applicant has a parent, daughter, son, brother, sister, aunt, uncle, nephew or niece (in this paragraph called |
(i) was an Australian citizen or an Australian permanent resident on 1 January 1992; and
(ii) continues to be an Australian citizen or permanent resident; and
(iii) is resident in Australia; and
(iv) gives to the applicant a written undertaking addressed to the Minister that specifies assistance:
(A) that the near relative will provide to the applicant after his or her entry to Australia; and
(B) that is acceptable to the Minister, having regard to the needs of the applicant for the period of 6 months after the applicant enters Australia;
with regard to the following matters:
(C) food, clothing, accommodation and household
goods;
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(D) personal support;
(E)
access to community and public services;
(F) obtaining employment;
(G) language interpretation and securing English
language instruction;
(H) community involvement and self-reliance;
(d)
the Minister is satisfied that:
(i) the applicant has not effectively re-settled elsewhere; and
(ii) permanent settlement in Australia is the appropriate course for the applicant; and
(iii) permanent settlement of the applicant in Australia would not be contrary to the interests of Australia;
(e)
the Minister is satisfied that there are compelling reasons for giving special consideration to granting the applicant a visa.”.
10.1 Omit “$100”, substitute “$250”.
11.1 Part 2 (Classes of visas subject to special provision):
Add at the end:
“12 | Burmese | (special | (a) | the criteria specified in regulation 107G | 211 |
assistance)
(b) D, E, H1
13 | Sudanese | (special | (a) | the criteria specified in regulation 107H | 212”. |
assistance)
(b) A, D, E, H1
12.1 Insert after item 34F:
“34G | Burmese (special assistance) | 211 |
34H | Sudanese (special assistance) | 212” |
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13. Part 1 (Visas):
Add at the end:
“97 | Burmese (special assistance) | no fee |
98 | Sudanese (special assistance) | no fee”. |
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1. Notified in the
Commonwealth of Australia Gazette on 17 September 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 and 278.
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