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 10 December 1990.
BILL HAYDEN
Governor-General
By His Excellency’s Command,
NICK BOLKUS
Minister of State for Administrative Services for and on behalf of
the Minister of State for Immigration, Local Government and Ethnic Affairs
—————
1.1. These Regulations commence on 10 December 1990.
2.1 The Migration Regulations are amended as set out in these Regulations.
3.1 Subregulation 2 (1):
Insert:
4.1 After regulation 12, insert:
“12a. An application for:
(a) a permanent entry visa; or
(b) a visa bearing an endorsement that the holder is entitled to be granted a permanent entry permit on arrival in Australia;
also has effect as an application for a provisional visa.”.
5.1 Subparagraph 13 (2) (a) (iii):
Omit “item 56”, substitute “items 56 and 57”.
6.1 After subregulation 15 (1), insert:
“(1a) Any clerical error in or omission from:
(a) the visa register; or
(b) the computerised record referred to in subparagraph (1) (b) (i);
may be corrected by an authorised officer.”.
6.2 Subregulation 15 (2):
Omit “made as referred to in subregulation (1)”, substitute “made, or corrected, in accordance with this regulation”.
7.1 After subregulation 16 (7), insert:
“(7a) The holder of a return visa, Class F, is entitled, under the visa, to travel to Australia once only within the period of 3 months immediately following the grant of the visa.”.
8.1 Omit the regulation.
9.1 Omit all the words after paragraph 22a (b), substitute:
“also has effect as an application for:
(c) a processing entry permit; and
(d) a return visa, Class A; and
(e) a return visa, Class B;
that is in accordance with these Regulations.”.
10.1 After subregulation 26 (1), insert:
“(1a) Any clerical error in or omission from:
(a) the entry permit register; or
(b) the computerised record referred to in subparagraph (1) (b) (i);
may be corrected by an authorised officer.”.
10.2 Subregulation 26 (2):
Omit “made as referred to in subregulation (1)”, substitute “made, or corrected, in accordance with this regulation”.
11.1 Paragraph 36 (1) (d):
Omit “a person:”, substitute “a person, other than a person who has been deported, who has left Australia:”.
11.2 Subparagraph 36 (1) (d) (i):
Omit “and who left Australia voluntarily”.
11.3 Subparagraph 36 (1) (d) (ii):
Omit “authority, and who left Australia voluntarily;”, substitute “authority;”.
11.4 Paragraph 36 (1) (e):
Omit “a person who left Australia voluntarily:”, substitute “a person (other than a person who has been deported or a person referred to in paragraph (f) or (g)) who has left Australia:”
11.5 Subparagraph 36 (1) (e) (i):
Omit the subparagraph, substitute:
“(i) after having been found by the Department to have contravened a condition of his or her 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 finding; or”.
11.6 Subparagraph 36 (1) (e) (iv):
Omit “Australia.”, substitute “Australia; or”.
11.7 Subregulation 36 (1):
Add at the end:
“(f) a person who:
(i) has not been detained or arrested under the Act on or after 10 December 1990; and
(ii) was a prohibited non-citizen on or before 18 December 1989; and
(iii) having applied in accordance with these Regulations for a December 1989 (temporary) entry permit or a December 1989 (permanent) entry permit, has been refused an entry permit; and
(iv) not being a person who:
(A) has been deported; or
(B) has left Australia in compliance with a requirement by the Minister under section 82 of the Act;
has left Australia;
unless:
(v) the person applies for ,an entry permit referred to in subparagraph (iii) before 19 December 1991; or
(vi) in the case of a person who applies for such an entry permit on or after 19 December 1991 but before 19 December 1992—the application is made more than 2 years after the person has left Australia; or
(vii) in the case of a person who applies for such an entry permit on or after 19 December 1992 but before 19 December 1993—the application is made more than 5 years after the person has left Australia; or
(g) a person who:
(i) has been detained or arrested under the Act on or after 10 December 1990; and
(ii) was a prohibited non-citizen on or before 18 December 1989; and
(iii) having applied in accordance with these Regulations for a December 1989 (temporary) entry permit or a December 1989 (permanent) entry permit, has been refused an entry permit; and
(iv) not being a person who:
(A) has been deported; or
(B)has left Australia in compliance with a requirement by the Minister under section 82 of the Act;
has left Australia;
unless:
(v) in the case of a person who applies for an entry permit referred to in subparagraph (iii) before 19 December 1991—the application is made more than 1 year after the person has left Australia; or
(vi) in the case of a person who applies for such an entry permit on or after 19 December 1991 but before 19 December 1992—the application is made more than 2 years after the person has left Australia; or
(vii) in the case of a person who applies for such an entry permit on or after 19 December 1992 but before 19 December 1993—the application is made more than 5 years after the person has left Australia.”.
12.1 Paragraph 40 (1) (j):
Omit “permit.”, substitute “permit;”.
12.2 Subregulation 40 (1):
Add at the end:
“(k) the person satisfies the criteria (other than health and character criteria) for the grant of a December 1989 (temporary) entry permit or a December 1989 (permanent) entry permit;
(1) the person satisfies the criteria specified in subparagraph 127 (a) (vi).”.
13.1 Subregulations 42 (1a) and (1b):
Omit the subregulations, substitute:
“(1a)The following criteria are prescribed in relation to an entry permit other than an entry permit to which subregulation (2) or (6) applies:
(a) the applicant:
(i) is an illegal entrant who:
(A) has been an illegal entrant for less than 12 months; and
(B) has been arrested under section 92 or 93 of the Act; and
(C) is not a person referred to in paragraph (c) or (d); and
(ii) has applied for the entry permit:
(A) not later than 2 working days after being so arrested; or
(B) if, not later than 2 working days after being so arrested, the applicant asks the Minister in writing to be allowed to apply within 7 working days after being so arrested—not later than the expiry of those 7 working days;
(b) the applicant is:
(i) an illegal entrant who:
(A) has not been arrested under section 92 or 93 of the Act; and
(B) is not a person referred to in paragraph (c) or (d); and
(ii) either:
(A) a prescribed applicant; or
(B) a person who has applied for the entry permit not later than 12 months after becoming an illegal entrant;
(c) the applicant:
(i) was a prohibited non-citizen on or before 18 December 1989; and
(ii) is an applicant for a December 1989 (temporary) entry permit or a December 1989 (permanent) entry permit; and
(iii) has been arrested under section 92 or 93 of the Act on or before 10 December 1990; and
(iv) applied for the entry permit:
(A) not later than 12 December 1990; or
(B) if, not later than 12 December 1990, the applicant asks the Minister in writing to be allowed to apply within a further 5 working days after 12 December 1990—not later than the expiry of those 5 working days;
(d) the applicant:
(i) was a prohibited non-citizen on or before 18 December 1989; and
(ii) is an applicant for a December 1989 (temporary) entry permit or a December 1989 (permanent) entry permit; and
(iii) has been arrested under section 92 or 93 of the Act after 10 December 1990; and
(iv) applied for the entry permit:
(A) not later than 2 working days after being so arrested; or
(B) if, not later than 2 working days after being so arrested, the applicant asks the Minister in writing to be allowed to apply within 7 working days after being so arrested—not later than the expiry of those 7 working days.”.
13.2
Subregulation 42 (1d)
Omit “Subregulation (1a)”, substitute “Paragraph (1a) (a)”.
14.1 At the end of Division 2 of Part 3, insert:
“98a. The additional criteria in relation to a return visa, Class F, are the following criteria:
(a) the applicant, being unable to prove a claim that he or she was an Australian permanent resident who satisfied the criteria specified in relation to any class of return visa immediately before going overseas, gives the Minister a written statement that satisfies the Minister that:
(i) the applicant has urgent and compelling reasons for travelling to Australia before proving that claim; and
(ii) entry of the applicant to Australia before the claim is proved will not be prejudicial to the interests of Australia; and
(iii) there are reasonable grounds for believing that the claim can be proved;
(b) there is no evidence that the applicant is a person who, under regulation 36, is not entitled to be granted a visa or an entry permit.”.
15.1 Sub-subparagraph 127 (a) (v) (b):
Omit “and”, substitute “or”.
15.2 Paragraph 127 (a):
Add at the end:
“(vi) being a person aged 18 years or more:
(A) became a prohibited non-citizen, or illegal entrant, before attaining the age of 18 years; and
(B) has, before attaining the age of 18 years, been in Australia for the greater part of the period of time that the Minister regards as the applicant’s formative years; and
(C)is not a member of, and does not reside with, the family unit (if any), within the meaning of regulation 7, with which the applicant first entered Australia; and”.
16.1 Paragraph 131 (d):
Omit “permit.”, substitute “permit;”.
16.2 Add at the end:
“(e) in the case of an applicant for a December 1989 (temporary) entry permit or a December 1989 (permanent) entry permit— the Minister is satisfied that it would be unreasonable to require the applicant to leave Australia before the application has been determined.”.
17.1 At the end of Division 5 of Part 3, add:
“131a. (1) The following criteria are prescribed in relation to a December 1989 (temporary) entry permit:
(a) the applicant for the entry permit was a prohibited non-citizen on or before 18 December 1989;
(b) the applicant has not left Australia after 18 December 1989;
(c) the applicant applies, in accordance with these Regulations, before 19 December 1993 for the entry permit;
(d) on 15 October 1990 and continuously until the Minister decides to grant, or not to grant, the entry permit:
(i) the applicant has a genuine and continuing relationship as the spouse of an Australian citizen or of an Australian permanent resident; or
(ii) the applicant is a dependent child of an Australian citizen or of an Australian permanent resident; or
(iii) the applicant is an aged parent of an Australian citizen or of an Australian permanent resident and satisfies the balance of family test; or
(iv) the applicant is:
(A) an aged dependent relative; or
(B) an orphan relative; or
(C) a special need relative; or
(D) a remaining relative within the meaning of regulation 9;
of a settled Australian citizen or settled Australian permanent resident; or
(v) there is any other compassionate ground for the grant of an entry permit, to the effect that refusal to grant the entry permit would cause extreme hardship or irreparable prejudice to an Australian citizen of Australian permanent resident;
(e) if:
(i) the applicant satisfies the criterion specified in paragraph (d) only by reason of having been, throughout the period referred to in that paragraph, a person referred to in subparagraph (d) (i), (ii) or (v); and
(ii) in the opinion of the Minister, the applicant should not be granted an entry permit without an assurance of support;
an assurance of support satisfactory to the Minister has been given;
(f) if the applicant satisfies the criterion specified in paragraph (d) only by reason of having been, throughout the period referred to in that paragraph, a person referred to in subparagraph (d) (iii) or (iv)—an assurance of support satisfactory to the Minister has been given;
(g) the applicant has been nominated by the relevant related person referred to in paragraph (d);
(h) the applicant notifies the Department, without unreasonable delay, of each change of his or her residential address.
“(2) In this regulation,
18.1 Paragraph 140 (1) (b):
Omit “permit;”, substitute “permit.”.
18.2 Paragraph 140 (2) (b):
Omit “(New Zealand citizen).”, substitute “(New Zealand citizen);”.
18.3 Subparagraph 140 (2) (c) (iv):
Omit “permit.”, substitute “permit;”.
18.4 Subregulation 140 (2):
Add at the end:
“(d) the applicant is:
(i) a person who satisfies the criteria specified in subparagraph 127 (a) (vi); and
(ii) the holder of a valid extended eligibility (family) entry permit.”.
19.1 Subparagraph 142 (b) (iii):
After “visa”, insert “or entry permit”.
19.2 Subparagraph 142 (b) (iv):
Omit “resident.”, substitute “resident; or”.
19.3 Paragraph 142 (b):
Add at the end:
“(v) is the holder of a return visa, Class F or a resident return F entry permit and satisfies the Minister that he or she is entitled to be an Australian permanent resident.”.
20.1 At the end of Division 6 of Part 3, add:
“142c. In relation to a December 1989 (permanent) entry permit, the additional criterion is that the applicant for the entry permit is the holder of a December 1989 (temporary) entry permit at the time when the Minister decides to grant or not to grant the entry permit.”.
21.1 Subparagraph 180 (d) (ii):
Omit “that person”, substitute “that person;”.
21.2 Add at the end:
“(e) whether the person satisfies the criteria specified:
(i) in subparagraph 127 (a) (vi); or
(ii) in regulation 131a.”.
22.1 After regulation 190, insert:
“190a. The fee payable for the grant of a December 1989 (temporary) entry permit is:
(a) if the application for the entry permit is preceded by withdrawal of any application for an entry permit made by that applicant before 15 October 1990—no fee; or
(b) in any other case—$360.”.
23.1 Schedule 2, Part 1:
After item 56, add:
“57 | return visa, Class F | the criteria specified in regulation 98a | 159”. |
24.1 Schedule 3, class 1 entry permit:
After item 34, add:
“34a | December 1989 (permanent) | Reg. 142c; e | 812”. |
24.2 Schedule 3, class 2 entry permit:
After item 59, add:
“59a | December 1989 (temporary) | Reg.
131a; D, e, H | 440”. |
25.1 Schedule 8, Part 1:
After item 78, add:
“79 | return visa, Class F | (a) if application is lodged in Australia—$50 (b) in any other case—$60” |
25.2 Schedule 8, Part 2:
After item 20, add:
“21 | December 1989 (temporary) | the fee ascertained under regulation 190a |
22 | December 1989 (permanent) | —”. |
1. Notified in the
Commonwealth of Australia Gazette on 10 December 1990.2. Statutory Rules 1989 No. 365 as amended to date. For previous amendments
see Note 2 to Statutory Rules 1990 No. 1 andsee also
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