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 22 December 1989.
BILL HAYDEN
Governor-General
By His Excellency’s Command,
ROBERT RAY
Minister of State for Immigration, Local Government and Ethnic Affairs
“183. (1) Subject to this Division, there is payable:
(a) in respect of the grant of a visa of a class specified in an item in Column 2 of Part 1 in Schedule 8—the fee specified in Column 3 of that item; and
(b) in respect of the grant of an entry permit of a class specified in an item in Column 2 of Part 2 in that Schedule—the fee specified in Column 3 of that item.
“(2) Where, in Schedule 8:
(a) the specification of a class of visas or entry permits is omitted in Column 2; or
(b) in relation to a class of visas or entry permits specified in an item in Column 2, the specification of a fee is omitted in that item in Column 3;
the omission is to be taken to signify that no fee is payable in respect of a visa or entry permit of the relevant class.
“(3) Subject to subregulation (4), a fee payable in respect of the grant of a visa or an entry permit is payable on application.
“(4) Where:
(a) a person is an applicant for a student entry permit;
(b) the government of a country other than Australia has undertaken to be responsible for the payment of all or part of the fee in relation to the entry permit; and
(c) the Minister is satisfied that the fee, or any part of the fee, that is unpaid by that government will be paid;
the Minister may, in spite of subregulation (3), grant the entry permit to the applicant.
“184. (1) Where:
(a) a person, immediately before his or her departure from Australia, was the holder of a permanent entry permit granted after entry to Australia; and
(b) the person was issued outside Australia with a return visa; and
(c) the person was issued on arrival in Australia with a temporary entry permit; and
(d) the person applies after entry to Australia for the grant of a permanent entry permit;
no fee is payable on the application.
“185. (1) The fee payable on application for a temporary entry permit under any of regulations 120 to 125 inclusive is as specified in this regulation.
“(2) There is payable on an application to which regulation 120 applies:
(a) in the case of an application by an applicant establishing the matter set out in subparagraph 120 (e) (v) or satisfying prescribed criteria as referred to in subparagraph 120 (e) (vi)—a fee of $50; or
(b) in the case of an application by an applicant referred to in subparagraph 120 (e) (vii), where a sponsorship fee is payable—no fee; or
(c) in any other case—$60.
“(3) There is payable on an application to which regulation 121 applies:
(a) in the case of an application by an applicant to whom paragraph 121 (e) applies, where a sponsorship fee is payable—no fee; or
(b) in any other case—$50.
“(4) There is payable on an application to which regulation 122 applies:
(a) in the case of an application by an applicant to whom subparagraph 122 (e) (ii) applies, where a sponsorship fee is payable—no fee; or
(b) in any other case—$50.
“(5) There is payable on an application to which regulation 123 applies:
(a) in the case of an application for a private subsidised student entry permit, a student (AIDAB) entry permit or a student (Equity and Merit Scholarship Scheme) entry permit—no fee; or
(b) in any other case—a fee of $50.
“(6) There is payable on an application to which regulation 124 applies a fee of $60.
“(7) There is payable on an application to which regulation 125 applies:
(a) in the case of an application by an applicant to whom subparagraph 125 (e) (ii) applies, where a sponsorship fee is payable—no fee; or
(b) in any other case—a fee of $50.
“(8) In this regulation, a reference to a sponsorship fee is a reference to a sponsorship fee under regulation 192.
“186. (1) This regulation applies in relation to an entry permit of each of the following classes:
(a) spouse (after entry);
(b) child (after entry);
(c) aged parent (after entry);
(d) refugee (after entry);
(e) compassionate grounds;
(f) humanitarian grounds.
“(2) There is payable on application for an entry permit to which this regulation applies:
(a) in the case where the applicant is the holder of:
(i) a valid extended eligibility entry permit, being a temporary entry permit; or
(ii) a valid refugee A (restricted) visa or entry permit;
a fee of $150; or
(b) in any other case—a fee of $340.
“187. There is payable on application for a skilled occupation entry permit:
(a) in the case where the applicant is the holder of a valid extended eligibility entry permit, being a temporary enty permit—a fee of $150; or
(b) in the case where paragraph (a) does not apply and the applicant applies on the basis of satisfying the prescribed criteria in relation to a business (general) visa or a business (joint venture) visa—a fee of $1000; or
(c) in any other case—a fee of $340.
“188. There is payable on application for a confirmatory entry permit:
(a) in the case where, on last arriving in Australia, the applicant was granted a border entry permit—a fee of $100; or
(b) in any other case—no fee.
“189. There is payable on application for an extended eligibility (economic) entry permit:
(a) in the case where the applicant applies on the basis of satisfying the prescribed criteria in relation to a business (general) visa or a business (joint venture) visa—a fee of $850; or
(b) in any other case—a fee of $250.
“190. There is payable on application for a return visa, Class B:
(a) unless paragraph (b) applies:
(i) if the application was lodged within Australia—a fee of $50; or
(ii) if the application was lodged outside Australia—a fee of $60; or
(b) if the applicant is the holder of a return endorsement or a document or notation issued by or on behalf of the Commonwealth before 1 November 1979 in respect of the return of persons to Australia and the application is lodged on or before 31 December 1989—no fee.
“191. (1) Where a person who is the holder of a visa, an entry visa or a temporary entry permit as referred to in subregulation 115 (1) applies for a visa in respect of travel to Australia, there is payable on application for the visa:
(a) in the case where the visa or entry visa held by the applicant corresponds to a class of visas specified in any of items 14 to 28 inclusive or 30 to 50 inclusive in Part 1 in Schedule 8—the fee on application for a visa of that class; or
(b) in the case where the temporary entry permit held by the applicant is of a class equivalent to a class of visas specified in any of items 14 to 28 inclusive or 30 to 50 inclusive in Part 1 in Schedule 8— the fee on application for a visa of that class; or
(c) in any other case—no fee.
“192. (1) This regulation applies to sponsorship of an applicant where:
(a) the application is in respect of a visa or a further temporary entry permit; and
(b) the application is made on the basis that the applicant has special occupational or professional skills (or both); and
(c) the sponsor is a person or organisation in Australia who or which lodges the application on behalf of the applicant.
“(2) Subject to subregulation (3), there is payable in respect of a sponsorship of an applicant to which this regulation applies:
(a) if not more than 10 applications are lodged together by the sponsoring person or organisation—$145 in respect of each sponsorship; or
(b) if more than 10 such applications are lodged together by the sponsoring person or organisation—$1450.
“(3) A fee under subregulation (2) is not payable if:
(a) the intended period of continuous employment (including any previous period of employment continuous with the period to which the application relates) does not exceed 4 months; or
(b) the applicant’s sponsor in relation to the relevant application was the applicant’s sponsor in relation to the temporary entry visa or temporary entry permit currently held by the applicant and the applicant is continuing in the same employment.
“193. A fee of $60 is payable in respect of the undertaking of an English language test conducted:
(a) by the Department otherwise than on behalf of another Department; or
(b) by another Department on behalf of the Department;
whether or not in connection with an application for a visa or an entry permit.
“194. (1) Where:
(a) a fee is paid by a person, before or after the commencement of this regulation, in respect of an application for a visa or an entry permit; and
(b) the application is for any reason unnecessary or is made as a result of a mistake made by the person or by the Department;
the person is entitled to a refund of an amount equal to the amount of the fee paid.
“(2) Where:
(a) an application for an entry permit is made by a person to whom section 11sof the Act applies or a person who is an illegal entrant to whom section 11t of the Act applies; and
(b) the relevant fee is paid on the application; and
(c) at the time of the application, there has not been a prescribed change in the person’s circumstances:
(i) in the case of a person to whom section 11s applies—since the end of the period referred to in paragraph 11s(1) (a); or
(ii) in the case of a person to whom section 11t applies—since he or she last applied for an entry permit;
the person is entitled to a refund of an amount equal to the amount of the fee so paid.
“195. (1) Where:
(a) before the commencement of these Regulations, the Minister or an authorised officer made a decision refusing to grant to an applicant a visa or an entry permit; and
(b) the applicant applied for reconsideration of that decision; and
(c) the request for reconsideration was not determined before that commencement; and
(d) the applicant:
(i) having entered Australia, applies for the grant of a visa or an entry permit under these Regulations:
(A) when present in Australia; and
(B) not later than 31 March 1990; or
(ii) having been refused a visa or an entry permit under the Act as in force before the commencement of section 4 of the
Migration Legislation Amendment Act 1989: (A) applied for reconsideration of the decision to refuse the visa or entry permit; and
(B) subsequently applied outside Australia for the grant of a visa under the Act on or after that commencement and before 31 March 1990;
no fee is payable on that last-mentioned application.
“(2) In this regulation, a reference to an application for reconsideration is a reference to such an application duly lodged in accordance with the form approved by the Minister.”.
SCHEDULE 8 Regulation 183
FEES
PART 1—VISAS
Column 1 | Column 2 | Column 3 |
Item No. | Class of visas | Fee on application |
1 | spouse | 215 |
2 | child | 215 |
3 | adoption | 215 |
4 | business (general) | 1,000 |
5 | business (joint venture) | 1,000 |
6 | distinguished talent (Australian support) | 215 |
7 | distinguished talent (independent) | 215 |
8 | employer nomination | 215 |
9 | labour agreement | 215 |
10 | family reunion (New Zealand citizen) | 215 |
11 | former citizen | 215 |
12 | former resident | 215 |
13 | Australian requirement | — |
14 | diplomatic | — |
15 | dependant (subsequent entry) | 30 |
16 | domestic worker (diplomatic or consular) | 30 |
17 | domestic worker (overseas organisation) | 30 |
18 | educational | 30 |
19 | entertainment | 30 |
20 | expatriate | 30 |
21 | exchange | — |
22 | executive (overseas) | 30 |
23 | family relationship | — |
24 | foreign government agency | 30 |
26 | independent executive | 30 |
27 | media and film staff | 30 |
28 | medical practitioner | 30 |
29 | prospective marriage | 215 |
30 | public lecturer | 30 |
31 | religious worker | 30 |
32 | retirement | 30 |
33 | special program | 30 |
34 | specialist (overseas) | 30 |
35 | sport | 30 |
36 | supported dependant | 30 |
37 | visiting academic | 30 |
38 | working holiday | 30 |
39 | private subsidised student | 30 |
40 | student (AIDAB) | 30 |
41 | student (Equity and Merit Scholarship Scheme) | 30 |
42 | student (formal course) | 30 |
43 | trainee (English language) | 160 |
44 | trainee (non-formal course) |
(b) if applicant is a trainee—$30 |
Column 1 | Column 2 | Column 3 |
Item No. | Class of visas | Fee on application |
45 | business visitor | — |
46 | immediate family visitor | — |
47 | medical treatment | — |
48 | tourist | — |
49 | tourist (special arrangements) | — |
50 | visitor (other) | — |
51 | return, Class A | (a) if application is lodged in Australia—$50
|
52 | return, Class B | the fee ascertained under regulation 190 |
53 | return, Class C | (a) if application is lodged in Australia—$50
|
54 | return, Class D | (a) if application is lodged in Australia—$50
|
55 | return, Class E | — |
56 | refugee | — |
57 | in-country special humanitarian program | — |
58 | global special humanitarian program | — |
59 | emergency rescue | — |
60 | woman at risk | — |
61 | camp clearance | — |
62 | Lebanese concession | — |
63 | parent | 215 |
64 | preferential family | 215 |
65 | concessional family | 215 |
66 | independent entrant | 215 |
67 | statutory visitor | — |
68 | transit | — |
69 | border | — |
70 | restricted passport | — |
71 | emergency (permanent entry) | — |
72 | emergency (temporary entry) | — |
73 | refugee A (restricted) | — |
74 | refugee B (restricted) | — |
75 | processing | 50 |
PART 2—ENTRY PERMITS
Column 1 | Column 2 | Column 3 |
Item No. | Class of entry permits | Fee on application |
$ | ||
1 | spouse (after entry) | the fee ascertained under regulation 186 |
2 | child (after entry) | the fee ascertained under regulation 186 |
3 | aged parent (after entry) | the fee ascertained under regulation 186 |
4 | refugee (after entry) | the fee ascertained under regulation 186 |
5 | skilled occupation | the fee ascertained under regulation 187 |
6 | compassionate grounds | the fee ascertained under regulation 186 |
7 | humanitarian grounds | the fee ascertained under regulation 186 |
8 | confirmatory | the fee ascertained under regulation 188 |
9 | refugee A (restricted) | 250 |
10 | refugee B (restricted) | 250 |
11 | extended eligibility (spouse) | 250 |
12 | extended eligibility (family) | 250 |
13 | extended eligibility (economic) | the fee ascertained under regulation 189 |
14 | extended eligibility (other) | 250 |
1. Notified in the
2.
0
0
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