Migration Regulations (Amendment) (Cth)

Statutory

Rules1992No. 231 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, hereby make the following Regulations under the Migration Act 1958.

 Dated 21 July 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.   Amendment

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

2.   Commencement

2.1   These Regulations commence on 23 July 1992.

3.   Regulation 16 (Effect and operation of visas)

3.1   Subregulation 16 (8):

Before paragraph (b), insert:

• “(a)

  that, during the period of validity of the visa, there is no material change in the circumstances on the basis of which the visa is granted;”.

4.   Regulation 27 (Effect and operation of entry permits)

4.1   Subregulation 27 (3):

Before paragraph (a), insert:

• “(aa)

  that, during the period of validity of the entry permit, there is no material change in the circumstances on the basis of which the entry permit is granted;”.

5.   Regulation 107b (PRC (temporary) visa)

5.1   Subparagraph 107b (1) (b) (ii):

Omit the paragraph, substitute:

 “(ii) is the spouse, or a dependent child, of a person (in this paragraph called ‘the principal person’) who, at that time, holds:

 (a) a PRC (temporary) entry permit that was granted on the basis of the satisfaction by the principal person of criteria that included the requirement that the principal person was shown by records kept by the Department to have entered Australia on or before 20 June 1989 and to have been in Australia on that day; or

 (b) a PRC (temporary) visa granted to the principal person as the holder of a PRC (temporary) entry permit that was granted on the basis of the satisfaction by the principal person of criteria that included the requirement that the principal person was shown by records kept by the Department to have entered Australia on or before 20 June 1989 and to have been in Australia on that day; and

 (iia) if the spouse of the principal person, became the spouse of the principal person before 23 July 1992; and”.

5.2   Add at the end:

“(5)

If the holder of a PRC (temporary) visa that was granted to the holder as the spouse of another holder of a PRC (temporary) visa or entry permit ceases, for any reason, to be the spouse of that other holder, the cessation of their marital relationship constitutes grounds for the cancellation of the first-mentioned visa.

“(6)

If the holder of a PRC (temporary) visa that was granted to the holder as a dependent child of another holder of a PRC (temporary) visa or entry permit ceases, for any reason, to be a dependent child of that other holder, the cessation of the relationship of dependence constitutes grounds for the cancellation of the first-mentioned visa.”.

6.   Regulation 119h (PRC (temporary) entry permit)

6.1   Paragraph 119h (1) (a):

Omit the paragraph, substitute:

 “(a) the applicant meets the requirements of subregulation (1a) or (1b);”.

6.2   Subregulation 119h (1a):

Omit the subregulation, substitute:

 “(1a) An applicant meets the requirements of this subregulation if:

(a)

the applicant is:

 (i) a citizen of the PRC; and

 (ii) a person in respect of whom records kept by the Department show that the applicant entered Australia on or before 20 June 1989 and was in Australia on that day; and

 (iii) described in the applicant’s inwards passenger card, being the card in respect of which the entry permit was issued, as a citizen of the PRC; and

 (iv) described in the applicant’s passport or other travel document on entry as a citizen of the PRC; and

(b)

the Minister is satisfied that the applicant:

 (i) is not entitled to reside in a place outside the PRC; or

  (ii) is not a citizen of a country other than the PRC.

 “(1b) An applicant meets the requirements of this subregulation if:

• (a)

  the applicant is in Australia at the time when the decision on the application is made; and

• (b)

  the applicant is the spouse, or a dependent child, of a person (in this subregulation called ‘the principal person’) who, at that time, holds a PRC (temporary) entry permit that was granted on the basis of the satisfaction by the principal person of criteria that included the requirement that the principal person was shown by records kept by the Department to have entered Australia on or before 20 June 1989 and to have been in Australia on that day; and

• (c)

  in the case of an applicant who is the spouse of the principal person, the applicant became the spouse of the principal person before 23 July 1992.”.

6.3   Add at the end:

“(5)

If the holder of a PRC (temporary) entry permit that was granted to the holder as the spouse of another holder of a PRC (temporary) entry permit ceases to be the spouse of that other holder, the cessation of their marital relationship constitutes grounds for the cancellation of the first-mentioned entry permit.

“(6)

If the holder of a PRC (temporary) entry permit that was granted to the holder as a dependent child of another holder of a PRC (temporary) visa or entry permit ceases, for any reason, to be a dependent child of that other holder, the cessation of the relationship of dependence constitutes grounds for the cancellation of the first-mentioned entry permit.”.

7.   New regulation 174a

7.1   After regulation 174, insert:

Prescribed persons (subsection 15 (3) of Act)

 “174a. (1)  For the purposes of subsection 15 (3) of the Act, a guest of government is a prescribed person.

“(2)

In subregulation (1):

‘guest of government’ means a person who is visiting Australia, at the invitation of the Prime Minister, as an official guest of the Commonwealth.”.

8.   Schedule 5 (Mandatory conditions for grant of visas and entry permits)

8.1   Item 14 (column 2)

After “61, 63”, add “, PRC (temporary) visa or entry permit”.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 22 July 1992.

 

2. Statutory Rules 1989 No. 365 as amended by 1989 Nos. 414 and 416; 1990 Nos. 1, 34, 69, 75, 109, 204, 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 and 183.