Migration Regulations (Amendment) (Cth)

Statutory Rules 1991 No. 2261

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Migration Regulations2 (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 3 July 1991.

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.Regulation 17 (Conditions in connection with grant of visa)

2.1 Subregulation 17 (1a):

Omit the subregulation, insert:

“(1a) If a business visitor visa, close family visitor visa, tourist visa, visitor (other) visa or tourist (special arrangements) visa is granted to an applicant in whose case the risk factor specified in regulation 9a is present, that visa must specify the period during which the holder is authorised to remain in Australia, being a period of not more than:

(a) 6 months; or

(b) such lesser period as is determined by the Minister to be adequate to meet the needs of the holder, having regard to the reasons for, and the circumstances of, the grant of the visa.”.

3. Regulation 88 (Business visitor visa)

3.1 Subparagraph (aa) (ii):

Omit the subparagraph, substitute:

“(ii) if the risk factor specified in regulation 9a is present in the applicant’s case, that, having regard to the applicant’s circumstances in the applicant’s country of usual residence, there is very little likelihood that the applicant will remain in Australia after the expiry of any period during which the applicant might be authorised to remain in Australia;”.

4. Regulation 89 (Close family visitor visa)

4.1 Subparagraph (aa) (ii):

Omit the subparagraph, substitute:

“(ii) if the risk factor specified in regulation 9a is present in the applicant’s case, that, having regard to the applicant’s circumstances in the applicant’s country of usual residence, there is very little likelihood that the applicant will remain in Australia after the expiry of any period during which the applicant might be authorised to remain in Australia;”.

5. Regulation 91 (Tourist visa)

5.1 Subparagraph (ba) (ii):

Omit the subparagraph, substitute:

“(ii) if the risk factor specified in regulation 9ais present in the applicant’s case, that, having regard to the applicant’s circumstances in the applicant’s country of usual residence, there is very little likelihood that the applicant will remain in Australia after the expiry of any period during which the applicant might be authorised to remain in Australia;”.

6. Regulation 92(Tourist (special arrangements) visa)

6.1 Subparagraph (ca) (ii):

Omit the subparagraph, substitute:

“(ii) if the risk factor specified in regulation 9a is present in the applicant’s case, that, having regard to the applicant’s circumstances in the applicant’s country of usual residence, there is very little likelihood that the applicant will remain in Australia after the expiry of any period during which the applicant might be authorised to remain in Australia;”.

7. Regulation 93 (Visitor (other) visa)

7.1 Subparagraph (aa) (ii):

Omit the subparagraph, substitute:

“(ii) if the risk factor specified in regulation 9a is present in the applicant’s case, that, having regard to the applicant’s circumstances in the applicant’s country of usual residence, there is very little likelihood that the applicant will remain in Australia after the expiry of any period during which the applicant might be authorised to remain in Australia;”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 5 July 1991.

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, 230, 339, 371, 402 and 452; 1991 Nos. 2, 8, 18, 25, 43, 60, 88 and 201.