Migration Regulations (Amendment) (Cth)
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
Dated 29 January 1991.
BILL HAYDEN
Governor-General
By His Excellency’s Command,
ROBERT TICKNER
Minister of State for Aboriginal Affairs
for and on behalf of the
Minister of State for Immigration,
Local Government and Ethnic Affairs
1.1 The Migration Regulations are amended as set out in these Regulations.
2.1 After subregulation 22 (2), add:
An application for an evacuation entry permit is in accordance with these Regulations if it is made by or on behalf of the applicant in a manner approved by the Minister.”.
3.1 Subregulation 40 (1):
Add at the end:
“(o) the person satisfies the criteria specified in subregulation 119k (1).”.
4.1 After regulation 107a, insert in Division 3 of Part 3:
“107b. (1) The following criteria are prescribed in relation to a PRC (temporary) visa:
(a) in the case of an applicant who holds a PRC (temporary) entry permit, the applicant is in Australia at the time of making the application; or
(b) in any other case, the applicant:
(i) is outside Australia at the time of making the application; and
(ii) is:
(a) the spouse; or
(b) a dependent child;
of a person who holds a PRC (temporary) entry permit or visa; and
(iii) satisfies the criteria specified in items 5 and 9 of Schedule 1; and
(iv) lodges with the application an approved nomination in relation to the applicant.
For the purposes of subparagraph (1) (b) (iv), an approved nomination is a nomination made in writing by the person referred to in subparagraph (1) (b) (ii) that:
is lodged by that person in Australia; and
(b) is approved by the Minister and endorsed by an officer to that effect.
A PRC (temporary) visa expires on 30 June 1994.
If a person who holds a PRC (temporary) visa travels to the PRC during the period of the visa’s validity:
the Minister may cancel the visa; and
where the person has re-entered Australia after so travelling, the Minister may cancel the PRC (temporary) entry permit held by the person.”.
5.1 Omit the regulation.
6.1 After regulation 119i, insert in Division 4 of Part 3:
“119j. (1) The following criteria are prescribed in relation to an evacuation entry permit:
the applicant is not the holder of a visa;
(b) the applicant seeks entry to Australia for a temporary stay after having been evacuated from another country pursuant to emergency operations approved by the Minister for the purposes of this regulation;
(c) the Minister is satisfied that:
(i) the applicant has urgent and compelling reasons for seeking to remain temporarily in Australia; and
(ii) the applicant does not intend to become a permanent resident of Australia; and
(iii) it is in the national interest to grant an evacuation entry permit to the applicant; and
(iv) it was impractical for the applicant to apply for a visa in a place outside Australia.
An evacuation entry permit is not to be granted except as a temporary entry permit.
“119k. (1) The following criteria are prescribed in relation to a Gulf conflict (temporary) entry permit:
(a) the applicant is a citizen, and normally a resident, of a country that is certified by the Minister, by notice in the
Gazette , to be a country that is directly affected by warfare arising out of the invasion of Kuwait by Iraq;
the applicant was present in Australia on 17 January 1991;
the applicant is not subject to a current deportation order;
(d) the Minister is satisfied that it is not contrary to the national interest to grant a Gulf conflict (temporary) entry permit to the applicant.
A Gulf conflict (temporary) entry permit:
(a) is not to be granted except as a temporary entry permit in respect of a period ending not later than 30 April 1991; and
(c) is subject to the condition specified in paragraph 33 (4) (a) of the Act.”.
7.1 Subregulation 169 (1):
Omit “person;” (first occurring), substitute “person:”.
8.1 Paragraph 173A (2) (b):
Omit “applicant”, substitute “applicant:”.
9.1 Item 9, paragraph (b):
Omit “would, be”, substitute “would be”.
9.2 Item 9, subparagraph (c) (iv):
Omit “would”.
10.1 After item 82, insert in the provision relating to Class 9 entry permits:
“82a Gulf conflict (temporary) 441”.
10.2 After the provision relating to Class 12 entry permits, add:
“CLASS 13 ENTRY PERMIT—EVACUATION
________________________________________________________________________
Column 1 Column 2 Column 3 Column 4
Item No. Entry permit Additional prescribed Code No.
criteria (if any)*
________________________________________________________________________
95 Evacuation D 490”.
________________________________________________________________________
11.1 Item 1:
In column 2, after “permit”, add “, evacuation entry permit”.
12.1 Part 2:
After item 22, add:
“23 evacuation —
24 Gulf conflict (temporary) 30”.
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 No. 2.
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