Migration Regulations (Amendment) (Cth)
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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 17 December 1990.
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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1.1. Regulations 10 and 11 are taken to have commenced on 1 January 1990.
2.1 The Migration Regulations are amended as set out in these Regulations.
3.1 After regulation 18, insert the following regulation:
“19. This regulation refers to a person who, before 10 December 1990:
(a) was an applicant for:
(i) a return visa, Class A; or
(ii) a return visa, Class B; or
(iii) a return visa, Class C; or
(iv) a return visa, Class D; or
(v) a return visa, Class E; and
(b) when applying for the visa:
(i) claimed to have been an Australian permanent resident immediately before going overseas; and
(ii) was unable to provide satisfactory evidence to substantiate that claim; and
(iii) satisfied the Minister that he or she had urgent and compelling reasons for travelling to Australia before the claim could be substantiated; and
(c) was granted the visa.”.
4.1 Subparagraph 36 (1) (e) (iv):
Omit “Australia.”, substitute “Australia; or”.
4.2 Paragraph 36 (1) (e):
Add at the end:
“(v) in the case of a person to whom subparagraph (ii) applies—the person satisfies the criteria specified in the provisions of regulation 123b, other than paragraph 123b (d):
(a) if the application is for a visa—the application is made before 1 April 1991; or
(b) if the application is for an entry permit—the application is made before 1 January 1992; or
(vi) in the case of a person to whom subparagraph (ii) applies—the person was the holder of a foreign government agency entry permit (whether or not the period for which that entry permit was granted had expired) immediately before leaving Australia; or”.
5.1 Sub-subparagraph 42 (1a) (a) (i) (C):
Omit “paragraph (c)”, substitute “paragraph (aa), (ab), (c)”
5.2 Subregulation 42 (1a):
After
paragraph 42 (1A
“(aa) the applicant:
(i) is an illegal entrant who:
(A) has been arrested under section 92 or 93 of the Act on or before 10 December 1990; and
(B) satisfies the criteria specified in subparagraph 127 (a) (vi); and
(C) is an applicant for an extended eligibility (family) entry permit; and
(ii) has 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;”
(ab) the applicant:
(i) is an illegal entrant who:
(A) has been arrested under section 92 or 93 of the Act after 10 December 1990; and
(B) satisfies the criteria specified in subparagraph 127 (a) (vi); and
(C) is an applicant for an extended eligibility (family) entry permit; 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.”.
5.3 Paragraph 42 (1a)(b):
Omit the paragraph, substitute:
“(b) the applicant is an illegal entrant who has not been arrested under section 92 or 93 of the Act and who:
(i) is a prescribed applicant; or
(ii) is a person who has applied for the entry permit not later than 12 months after becoming an illegal entrant; or
(iii) being a prohibited non-citizen on or before 18 December 1989—is an applicant for a December 1989 (temporary) entry permit or a December 1989 (permanent) entry permit;”.
5.4 Sub-subparagraph 42 (1c) (c) (i) (B):
Omit the sub-subparagraph, substitute:
“(B)a person referred to in regulation 19; or
(C)the holder of a return visa, Class F; and”.
5.5 Subparagraph 42 (1c) (d) (iii):
Omit “(non-formal course) entry permit.”, substitute “(non-formal course) entry permit; or”.
5.6 Subregulation 42 (1c):
Add at the end:
“(e) if the applicant is a person referred to in subparagraph 127 (a) (vi).”.
6.1 Subparagraph 90 (1) (b) (iii):
Omit “visit to”, substitute “stay in”.
7.1 Omit “on 31 December 1990.”, substitute “at the end of 31 March 1991.”.
8.1 Subregulation 107 (2):
Omit “applicant, a dependent or non-dependent child of the applicant or a person engaged to be married to the applicant.”, substitute “applicant or a dependent or non-dependent child of the applicant.”.
9.1
Subregulation 123
Omit “31 December 1990.”, substitute “14 April 1991.”.
10.1 After regulation 123a, insert:
“123b. The following criteria are prescribed in relation to an entry permit to which regulation 122, 123 or 123aapplies, in the case of an applicant who would be an applicant referred to in that regulation if
the period for which the entry permit or visa last held by that person had not expired:
(a) the entry permit or visa last held was a valid entry permit or valid visa of a kind required to be held by an applicant to whom that regulation applies;
(b) the applicant satisfies the criteria specified in that regulation;
(c) any material of a documentary nature relevant to the establishing of the applicant’s eligibility for the grant of an entry permit has:
(i) in the case of an entry permit to which regulation 122 or 123 applies—been given to the Department of Employment, Education and Training or to an Australian educational institution; or
(ii) in the case of an entry permit to which regulation 123a applies—been given to the Department of Employment, Education and Training;
at any time after 1 January 1990, but before 19 December 1990;
(d) the applicant, not being a person referred to in subparagraph 36 (1) (e) (v), applies for an entry permit before 1 April 1991.”.
11.1 After regulation 125b, insert:
“125c. The following criteria are prescribed in relation to a foreign government agency entry permit applied for by the holder of an existing entry permit of that kind or of a foreign government agency visa (whether or not the period for which the existing entry permit or visa was granted has expired):
(a) the applicant substantially complies with the conditions (if any) to which the existing entry permit or visa is expressed to be subject;
(b) the existing visa or entry permit was not granted subject to the condition that the holder is not entitled to be granted an entry permit or a further entry permit, as the case may be, while the holder is in Australia;
(c) the Minister is satisfied that the applicant intends to comply with any conditions subject to which the entry permit is granted;
(d) the applicant satisfies the prescribed criteria in relation to a foreign government agency visa.”.
12.1 Subparagraph 142 (b) (iii):
Omit the subparagraph, substitute:
“(iii) is the holder of an emergency (permanent entry) visa, or the equivalent entry permit, who:
(a) satisfies the criteria referred to in regulation 114 as remaining criteria; or
(b) being unable to satisfy the criteria referred to in paragraph (a)—is able to substantiate a claim to be an Australian permanent resident; or”.
13.1 Sub-subparagraph 146 (1) (g) (i) (C):
Omit “qualification; and”, substitute “qualification; or”.
14.1 Omit the regulation, substitute:
“164. An assurance of support must be:
(a) given in substantially the form determined by the Minister; and
(b) so expressed as to remain in force for at least 5 years.”.
15.1 Subregulation 185 (7):
Omit “125a or 125b”, substitute “125a, 125b or 125c”.
15.2 Paragraph 185 (7a) (b):
After “125a”, insert “or 125c”.
16.1 After subregulation 200 (1), insert:
“(2) The fee paid under subregulation (1) is to be refunded if on reconsideration under regulation 173athe applicant is granted a visa or entry permit.”.
16.2 Subregulation 200 (3):
Omit the subregulation.
17.1 After regulation 200, insert:
“201. For the grant of an entertainment visa, there is payable:
(a) if the applicant is a member of a body including other applicants for that class of visa, being a body comprising not fewer than 10 persons—a fee that is a proportion of $1000 equivalent to the proportion that the applicant constitutes in that body; or
(b) if the Minister is satisfied that:
(i) the purpose of the applicant’s visit to Australia is:
(a) cultural; and
(B)not for a pecuniary reward exceeding the expenses of the applicant; or
(ii) in the case of an applicant who is a member of a body referred to in paragraph (a)—the purpose of that body’s visit to Australia is:
(A) cultural; and
(B) not for a pecuniary reward exceeding the expenses of the body;
no fee; or
(c) in any other case—$100.”.
18.1 Schedule 1, item 2a:
Omit from Column 2 “arrive in Australia, or to enter Australia,”,substitute “arrive in, enter or stay in Australia as a permanent resident,”.
19.1 Schedule 5, item 2:
Omit from Column 2 “49, border entry permit granted to a person described in paragraph 111 (1) (f)”, substitute “49.
20.1 Schedule 8, Part 1, item 19:
Omit from Column 3 “$100”, substitute “the fee ascertained under regulation 201”.
20.2 Schedule 8, Part 1. item 51: Add at the end in Column 3: |
“if the application lodged is an application for a permanent entry permit —no fee”. |
20.3 Schedule 8, Part 1. item 52: Add at the end in Column 3: |
“if the application lodged is an application for a permanent entry permit —no fee”. |
1. Notified in the
Commonwealth of Australia Gazette on 18 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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