Migration Regulations (Amendment) (Cth)
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 24 September 1991.
BILL HAYDEN
Governor-General
By His Excellency’s Command,
ROBERT RAY
Minister of State for Defence for and on behalf of the
Minister of State for Immigration, Local Government
and Ethnic Affairs
____________
1.1 These Regulations commence on 1 October 1991.
2.1 The Migration Regulations are amended as set out in these Regulations.
3.1 Subregulation 2 (1) (definition of “marital relationship”):
Omit “defacto”, substitute “de facto”.
3.2 Subregulation 2 (1) (definition of “temporary resident visa”, paragraph (a)):
Omit the paragraph, substitute:
“(a) a visa of the class specified in any of items 13, 16 to 28 (inclusive), 30 to 38 (inclusive), 60 and 62 in Part 1 in Schedule 2;”.
4.1 Subregulation 36 (1):
Omit all the words before paragraph (a), substitute:
A person who has made an application, before entry to Australia, for a visa, or has made an application for an entry permit to which subregulation 42 (2) applies, is not entitled to be granted a visa or an entry permit if the person is:”.
4.2 Paragraph 36 (1) (c):
Omit the paragraph, substitute:
“(c) a person deported from Australia otherwise than pursuant to section 55, 56 or 57 of the Act (or section 12, 13 or 14 of the Act as in force before 19 December 1989), unless:
(i) if the application is in respect of a priority visa or entry permit, the application is made more than 30 months after the deportation; or
(ii) if the application is in respect of any other visa or entry permit, the application is made more than 5 years after the deportation; or”.
4.3 Paragraph 36 (1) (e):
Omit all the words before “unless:”, substitute:
“(e) a person (other than a person who has been deported or a person referred to in paragraph (f) or (g)) who:
(i) has left Australia after having been determined by the Minister to have contravened a condition of the
person’s temporary entry permit, or entry visa operating as a temporary entry permit, whether or not the period in respect of which that entry permit or visa was granted had expired at the time of the determination; or
(ii) has left Australia on or after 1 November 1990 and after the expiry of a period of grace that applied to the person and is not a person who:
(A) applied for review by a review authority; and
(B) left Australia within 7 days of being notified of the decision on the application;”.
5. Regulation 42 (Prescribed criteria—entry permits)
5.1 Subregulation 42 (1c):
Omit all the paragraphs after paragraph (c), substitute:
if the applicant:
(i) is a New Zealand citizen; and
(ii) either:
(A) was a New Zealand citizen at the time of last entering Australia; or
(B) became a New Zealand citizen after last entering Australia but before 19 December 1989; and
(iii) last entered Australia before 19 December 1989, using a passport other than a New Zealand passport; and
(iv) becomes an illegal entrant; or
(d) if the applicant satisfies the criteria for the grant of a PRC (temporary) entry permit under regulation 119h; or
(e) if the applicant is a person referred to in subparagraph 127 (a) (vi).”.
6.1 Add at the end:
“; (e) the Minister is satisfied when the application is decided that the approved appointment will provide the employment referred to in the relevant employer nomination under regulation 166a.”.
7. Regulation 126 (Extended eligibility (spouse) entry permit)
7.1 Subregulation 126 (1):
After paragraph (ba), insert:
“(bb) the applicant is both:
(i) a person who would satisfy the criteria specified in paragraph (a) except that the marital relationship mentioned in that paragraph is no longer continuing; and
(ii) a person to whom paragraph (1a) (a) or (b) applies;
and the application was made before 15 April 1991 but was not decided before 1 October 1991; or”.
8.1 Subregulation 135 (1):
Add at the end:
the applicant is a person:
(i) who applied for the entry permit before 15 April 1991 and whose application was not decided before 1 October 1991; and
(ii) to whom an extended eligibility (spouse) entry permit is granted because of paragraph 126 (1) (bb); or
(f) the applicant is a person:
(i) who applied for the entry permit before 15 April 1991 and whose application was not decided before 1 October 1991; and
(ii) to whom both:
(A) paragraph (3) (a); and
(B) subparagraph (3) (b) (i) or (ii);
apply when the application is decided; and
(iii) to whom an extended eligibility (spouse) entry permit was granted before 15 April 1991.”.
8.2 Subregulation 135 (2):
Add at the end:
“; or (g) the applicant is a person who satisfies the criteria in paragraph (1) (c) or (d); or
(h) the applicant is a person who satisfies the criteria in paragraph (1) (e) or (f).”.
9.1 Paragraph 185 (3) (a):
Omit “paragraph 121 (e)”, substitute “paragraph 121 (2) (e)”.
9.2 Paragraph 185 (3) (b):
Omit “subparagraph 121 (f) (ii)”, substitute “subparagraph 121 (2) (f) (ii)”.
9.3 Paragraph 185 (4) (a):
Omit “subparagraph 122 (e) (ii)”, substitute “subparagraph 122 (2) (e) (ii)”.
9.4 Subregulation 185 (4):
After paragraph (aa), insert:
“(ab) in the case of an application by an applicant to whom subparagraph 122 (2) (e) (iii) applies—$50; or”.
9.5 Subregulation 185 (8):
Omit “subparagraph 125 (e) (iii)”, substitute “subparagraph 125 (2) (e) (iii)”.
9.6 Subregulation 185 (9):
Omit “$50”, substitute “the fee that would be payable if that secondary applicant were a primary applicant for an entry permit of the same kind”.
10.1 Subparagraph 192 (3) (b) (i):
Omit the subparagraph, substitute:
“(i) the applicant’s sponsor in relation to the application was the applicant’s sponsor in relation to the temporary entry permit or the temporary entry visa currently held by the applicant; and”.
11.1 The Migration Regulations are further amended as set out in the following table:
Provisions amended | Omit | Substitute |
Paragraph 185 (2) (a) | $50 | $100 |
Paragraph 185 (2) (c) | $60 | $100 |
Paragraph 185 (3) (c) | $50 | $100 |
Paragraph 185 (4) (b) | $50 | $100 |
Subregulation 185 (6) | $60 | $100 |
Subregulation 185 (7) | $50 | $100 |
Paragraph 186 (1) (e) | $150 | $155 |
Paragraph 186 (1) (f) | $360 | $370 |
Paragraph 186a (1) (a) | $360 | $370 |
Paragraph 186a (1) (b) | $750 | $780 |
Paragraph 186b (1) (a) | $150 | $155 |
Subregulation 186c (1) | $750 | $780 |
Paragraph 187 (1) (a) | $150 | $155 |
Paragraph 187 (1) (c) | $750 | $780 |
Paragraph 188 (1) (a) | $100 | $105 |
Paragraph 189 (b) | $750 | $780 |
Paragraph 189a (1) (b) | $360 | $370 |
Subregulation 190a (1) | $360 | $370 |
Regulation 196 | $50 | $100 |
Schedule 8, Part 1 (items 1 to 3 (inclusive), 6 to 12 (inclusive), 29 and 63 to 66 (inclusive)) | $230 | $360 |
1. Notified
in the
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 and 285.
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