Migration Regulations (Amendment) (Cth)

Statutory Rules 1990 No. 2721

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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 14 August 1990.

BILL HAYDEN

Governor-General

By His Excellency’s Command,

RALPH WILLIS

Minister of State for Finance 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. New Regulation 22b

2.1 After regulation 22a, insert:

Certain applications for temporary entry permits to have effect as applications for processing entry permits

“22b. (1) If an application for an entry permit of a class specified in subregulation (2) is made:

(a) at the same time as an application for a permanent entry permit; and

(b) on the form approved by the Minister for the purpose of this regulation;

it has effect as an application also for a processing entry permit.

“(2) This regulation applies to an application for:

(a) an extended eligibility (economic) entry permit; or

(b) an extended eligibility (family) entry permit; or

(c) an extended eligibility (spouse) entry permit.”.

3. Regulation 34a (Satisfaction of prescribed criteria)

3.1 Omit “Unless these Regulations otherwise provide,”, substitute:

“(1) Subject to subregulation (2) and any other provision of these Regulations,”.

3.2 Add at the end:

“(2) If the applicant has applied for an entry permit of a class specified in regulation 135, 136, 137, 139 or 140 and the application is made:

(a) at the same time as an application for a temporary entry permit; and

(b) on the form referred to in paragraph 22b (1) (b);

the time at which the applicant must satisfy the relevant part of the criterion specified in paragraph 135 (d), 136 (d), 137 (d), 139 (1) (a) or 140 (1) (a), as the case requires, is the time at which the decision in relation to the application is made.

“(3) In subregulation (2), ‘relevant part’, in relation to a criterion, means that part (if any) of the criterion that relates to the holding of a valid temporary entry permit.”.

4. Regulation 127 (Extended eligibility (family) entry permit)

4.1 Subparagraph 127 (a) (ii)

Omit the subparagraph, substitute:

“(ii) being the parent of an Australian citizen, or of an Australian permanent resident who has lived for a reasonable time in Australia, is an aged parent who satisfies the balance of family test;”.

5. Regulation 186 (Fee on application for certain permits)

5.1 Omit the regulation, substitute:

Fee on application for certain permits

“186. (1) Subject to subregulation (2), on application for an entry permit of any of the following classes:

(a) spouse (after entry);

(b) child (after entry);

(c) aged parent (after entry);

(d) compassionate grounds;

the fee payable is:

(e) if the applicant holds an extended eligibility entry permit that is a valid entry permit for the purposes of section 47 of the Act—$150; and

(f) in any other case, not being a case to which subregulation (2) applies—$340.

“(2) No fee is payable in respect of an application referred to in subregulation (1) if:

(a) the applicant makes the application:

(i) at the same time as making an application for a permit of the kind referred to in paragraph (1) (e); and

(ii) on the form referred to in paragraph 22b (1) (b); or

(b) if the applicant holds an extended eligibility (family) entry permit that was granted in circumstances where the applicant satisfied the criteria specified in subparagraph 127 (a) (v).”.

6. Regulation 187 (Fee on application for skilled occupation entry permit)

6.1 Omit the regulation, substitute:

Fee on application for skilled occupation entry permit

“187. (1) Subject to subregulation (2), the fee payable on application for a skilled occupation entry permit is:

(a) if the applicant holds an extended eligibility entry permit that is a valid entry permit for the purposes of section 47 of the Act—$150; or

(b) if paragraph (a) does not apply and the applicant applies on the basis that he or she satisfies the prescribed criteria in relation to a business (general) visa or business (joint venture) visa— $1,000; or

(c) in any other case, not being a case to which subregulation (2) applies—$340.

“(2) No fee is payable in respect of an application referred to in subregulation (1) if the applicant makes the application:

(a) at the same time as making an application for an entry permit of the kind referred to in paragraph (1) (a); and

(b) on the form referred to in paragraph 22b(1) (b).”.

7. Further amendments

7.1 The Migration Regulations are further amended in accordance with the Schedule.

 

SCHEDULE Regulation 7

Item Provision	Amendment
1 Subparagraph 127 (a) (i)..............	Omit “since the applicant’s arrival in Australia”.
2 Sub-subparagraph 127 (a) (i) (B)	Omit “has become”, substitute “is”.
3 Subparagraph 127 (a) (iii)............	Omit “since the applicant’s arrival in Australia”.
4 Sub-subparagraph 127 (a) (iii) (a)	Omit “has become”, substitute “is”.
5 Sub-subparagraph 127 (a) (v) (a).	Omit “has become an Australian permanent resident since the arrival of that child in Australia;”, substitute “is an Australian permanent resident;”.
6 Regulation 135............................	Omit “The additional”, substitute “Subject to subregulation 34a (2), the additional”.
		7 Regulation 136............................	Omit “The additional”, substitute “Subject to subregulation 34a (2), the additional”.
8 Regulation 137............................	Omit “The additional”, substitute “Subject to subregulation 34a (2), the additional”.
		9 Subregulation 139 (1)..................	Omit “The additional”, substitute “Subject to subregulation 34a (2), the additional”.
10 Subregulation 140 (1)................	Omit “The additional”, substitute “Subject to subregulation 34a (2), the additional”.
11 Subregulation 183 (2)................	Omit “signify”, substitute “signify, unless Regulation 185 applies,”.
12 Paragraph 189 (a)......................	Omit “$850”, substitute “$1,000”.
13 Paragraph 189 (b)......................	Omit “$250”, substitute “$340”.
14 Paragraph 189a (b)....................	Omit “$250”, substitute “$340”.
15 Schedule 8, Part 2, item 11.........	Omit “$250”, substitute “$340”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 21 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