Migration Regulations (Amendment) (Cth)

Statutory Rules 1990 No. 2791

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

Dated 30 August 1990.

BILL HAYDEN

Governor-General

By His Excellency’s Command,

WENDY FATIN

Minister of State for Local Government for and on behalf of the

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 2 (Interpretation)

2.1 Subregulation 2(1) (definition of “adopted”):

Omit the definition.

2.2 Subregulation 2(1) (definition of “student visa”):

Omit “Part 1 in in Schedule 2”, substitute “Part 1 in Schedule 2”.

3. New regulation 2a

3.1 After regulation 2, insert:

Interpretation—adopted

“2a. (1) For the purposes of these regulations, a person (in this regulation called ‘the adoptee’) is taken to have been adopted by a person or persons (in this regulation called ‘the adopter or adopters’) if, before the adoptee attained the age of 18 years, the adopter or adopters assumed a parental role in relation to the adoptee under:

(a) formal adoption arrangements:

(i) made in accordance with; or

(ii) recognised under;

the law of a State or Territory of Australia relating to the adoption of children; or

(b) formal adoption arrangements made in accordance with the law of another country, being arrangements under which the persons who were recognised by law as the parents of the adoptee before those arrangements took effect have ceased to be so recognised and the adopter or adopters became so recognised; or

(c) other arrangements entered into outside Australia that, under subregulation (2), are taken to be in the nature of adoption.

“(2) For the purposes of paragraph (1)(c), arrangements are taken to be in the nature of adoption if:

(a) the arrangements were made in accordance with the usual practice, or a recognised custom, in the culture or cultures of the adoptee and the adopter or adopters; and

(b) the child-parent relationship between the adoptee and the adopter or adopters is significantly closer than any such relationship between the adoptee and any other person or persons, having regard to the nature and duration of the arrangements; and

(c) the Minister is satisfied that:

(i) formal adoption of the kind referred to in paragraph (1) (b):

(A) was not available under the law of the place where the arrangements were made; or

(B) was not reasonably practicable in the circumstances; and

(ii) the arrangements have not been contrived to circumvent Australian migration requirements.”.

4. Regulation 9 (Interpretation—remaining relative)

4.1 Omit the regulation, substitute:

Interpretation—remaining relative

“9. (1) An applicant for a preferential family visa is a remaining relative for the purposes of item 2 in Part 3 in Schedule 2 if the applicant has a relative who:

(a) is:

(i) a brother, sister or parent; or

(ii) a step-relative, within 1 of those degrees of relationship;

of the applicant; and

(b) is:

(i) an Australian citizen; or

(ii) an Australian permanent resident; and

(c) is usually resident in Australia;

unless the applicant is disqualified under subregulation (2).

“(2) An applicant is disqualified if:

(a) the applicant or the spouse (if any) of the applicant:

(i) resides in the same country, not being Australia, as an overseas near relative; or

(ii) has had contact with an overseas near relative during a reasonable period preceding the application; or

(b) the applicant and the spouse (if any) of the applicant together have more than 3 overseas near relatives.

“(3) In this regulation, ‘overseas near relative’ means a person who is:

(a) a parent, brother, sister or non-dependent child; or

(b) a step-relative, within 1 of those degrees of relationship;

of the applicant or of the spouse (if any) of the applicant but is not a relative of a kind referred to in subregulation (1).”.

5. Regulation 22 (Application for entry permit)

5.1 Subregulation 22 (1):

Omit “reguation 34,”, substitute “regulation 34,”.

5.2 Subparagraph 22 (1) (a) (iii):

Omit “Australia; or”, substitute “Australia, or a valid travel document; or”.

6. Regulation 42 (Prescribed criteria—classes of entry permits)

6.1 Subregulation 42 (3):

Omit “Column 2 of Part 1 in”.

7. Regulation 69 (Independent executive visa)

7.1 Paragraph 69 (d):

Omit “available for transfer to”, substitute “lodged in”.

7.2 After paragraph 69 (e), add:

“; (f) the Minister is satisfied that the applicant has a successful business record”.

8. Regulation 123a (Holder of trainee (non-formal course), or trainee

(English language), entry permit or prescribed temporary entry permit— temporary provisions)

8.1 Subregulation 123a (7):

Omit “August”, substitute “December”.

9. Regulation 146 (Qualification—suitability for employment)

9.1 Omit “Schedule 5,”, substitute “Schedule 4,”.

10. Regulation 180 (Prescribed matters—subsection 63 (1) of the Act)

10.1 After paragraph 180 (c), add:

“; (d) whether:

(i) the person has applied:

(A) under subregulation 173a(1) for a reconsideration of a decision referred to in that subregulation; or

(B) under regulation 21 of the Migration (Review) Regulations for review of a decision referred to in that regulation in circumstances where regulation 21b of those Regulations applies to the person; and

(ii) the reconsideration or review having been decided in favour of the person, the Minister intends to grant an entry permit to that person”.

11. New regulation 183a

11.1 After regulation 183, insert:

Fee on application for a sport visa

‘183a. (1) Subject to subregulation (2), the fee payable on application for a sport visa is $30.

“(2) A fee is not payable on an application if the applicant satisfies the criterion specified in subparagraph 78 (a) (i) or (ii) by reason of having been:

(a) entered in a sporting event in an amateur capacity; or

(b) appointed or employed to assist:

(i) an amateur participant; or

(ii) an amateur team;

, in a sporting event as the case may be.”.

12. Regulation 185 (Fee on application for temporary entry permit granted only in Australia)

12.1 Subregulations 185 (7) and (7a):

Omit the subregulations, substitute:

“(7) Subject to subregulation (7a),a fee of $50 is payable on an application to which regulation 125, 125a or 125b applies.

“(7a) A fee is not payable on:

(a) an application to which regulation 125 applies that is made by a person who is also an applicant for a temporary resident entry permit; or

(b) an application to which regulation 125a applies;

if a sponsorship fee is payable in respect of the applicant.”.

13. Schedule 1 (Criteria and Representative Symbols)

13.1 Item 3, paragraph (b):

After “specified”, insert “in Part 1, 3 or 4 in Schedule 2”.

14. Schedule 2 (Classes of Visas, Prescribed Criteria and Code Numbers)

14.1 After Part 3, add:

PART 4—EXTENSION OF RELATIONSHIPS FOR SPONSORS IN CERTAIN CASES (SCHEDULE 1, ITEM 3, PARAGRAPH (b))

Column 1	Column 2	Column 3
Item	Class of visa	Extended relationship for sponsors
1	(a) spouse; or (b) prospective marriage	a parent or guardian of the spouse or prospective spouse of the applicant, if the spouse or prospective spouse is below the age of 18 and is an Australian citizen or Australian permanent resident
2	parent	(a) a close relative or guardian of: (i) a settled son or daughter of the applicant, if, the son or daughter is below the age of 18; or (ii) the settled cohabiting spouse of a settled son or daughter of the applicant if both spouses are below the age of 18; or (b) a community organisation, if a case mentioned in subparagraph (a) (i) or (ii) applies.

15. Schedule 8 (Fees)

15.1 Part 1, Item 35:

Omit from column 3 “$30”, substitute “the fee ascertained under regulation 183a”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 31 August 1990.

2. Statutory Rules 1989 No. 365 as amended to date. For previous amendments see Note 2 to Statutory Rules 1990 No. 1 and see also