Migration Regulations (Amendment) (Cth)
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia,
acting with the advice of the Federal Executive Council, make the following
Regulations under the
Dated 27 June 1991.
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 Regulation 6 is taken to have commenced on 1 June 1991.
1.2 Regulations 13, 14, 15 and 16 are taken to have commenced on 1 May 1991.
1.3 Regulation 17 is taken to have commenced on 19 December 1989.
2.1 The Migration Regulations are amended as set out in these Regulations.
3.1 After regulation 9, insert in Part 1:
(1) A reference in these Regulations to the risk factor in relation to an applicant for a visa is a reference to the circumstance that:
(a) during the period of 5 years immediately preceding the application, the applicant has applied for a visa or entry permit for the purpose of permanent residence in Australia; or
(b) the applicant has one or more relevant characteristics in common with a class of persons shown by statistics prepared by the Secretary from the movement records kept by the Department to be persons who have remained in Australia after the expiry of the respective periods of time during which they were authorised to remain in Australia.
For the purposes of subregulation (1), a relevant characteristic is any of the following characteristics:
nationality;
marital status;
age;
sex;
occupation;
the class of visa;
(g) the place of lodgement, or posting, of the relevant application.”.
4.1 After subregulation 17 (1), insert:
“(1a) If a business visitor visa, close family visitor visa, tourist visa, visitor (other) visa or tourist (special arrangements) visa is granted to an applicant in whose case the risk factor specified in regulation 9a is present, that visa:
(a) may be granted subject to the condition that, after entering Australia, the holder of the visa will not be entitled to be granted an entry permit while the holder remains in Australia unless the grant in those circumstances of the entry permit sought is expressly permitted by the Act or these Regulations; and
(b) must specify the period during which the holder is authorised to remain in Australia, being a period of not more than:
(i) 6 months; or
(ii) such lesser period as is determined by the Minister to be adequate to meet the needs of the holder, having regard to the reasons for, and the circumstances of, the grant of the visa.
“(1b) Subregulation (1a) has effect in addition to any other provision imposing, or authorising the imposition, of conditions in relation to the grant of a visa.”.
5.1 After subregulation 36 (3), insert:
“(3a) Subregulation (1) does not apply in relation to a person referred to in any paragraph (other than paragraph (b)) of that subregulation, if, in relation to that person’s application, the Minister is satisfied that compassionate or compelling circumstances justify the waiver of the restrictions imposed by that subregulation.”.
6.1 Paragraph 87b (c):
Omit the paragraph.
7.1 After paragraph 88 (a), insert:
the applicant satisfies the Minister:
(i) that the expressed intention of the applicant only to visit Australia is genuine; and
(ii) if the risk factor specified in regulation 9a is present in the applicant’s case, that the applicant’s circumstances in the applicant’s country of usual residence are such that there is very little likelihood that the applicant will remain in Australia after the expiry of any period during which the applicant might be authorised to remain in Australia;”.
8.1 After paragraph 89 (a), insert:
the applicant satisfies the Minister:
(i) that the expressed intention of the applicant only to visit Australia is genuine; and
(ii) if the risk factor specified in regulation 9a is present in the applicant’s case, that the applicant’s circumstances in the applicant’s country of usual residence are such that there is very little likelihood that the applicant will remain in Australia after the expiry of any period during which the applicant might be authorised to remain in Australia;”.
9.1 After paragraph 91 (b), insert:
the applicant satisfies the Minister:
(i) that the expressed intention of the applicant only to visit Australia is genuine; and
(ii) if the risk factor specified in regulation 9a is present in the applicant’s case, that the applicant’s circumstances in the applicant’s country of usual residence are such that there is very little likelihood that the applicant will remain in Australia after the expiry of any period during which the applicant might be authorised to remain in Australia;”.
10.1 After paragraph 92 (c), insert:
the applicant satisfies the Minister:
(i) that the expressed intention of the applicant only to visit Australia is genuine; and
(ii) if the risk factor specified in regulation 9a is present in the applicant’s case, that the applicant’s circumstances in the applicant’s country of usual residence are such that there is very little likelihood that the applicant will remain in Australia after the expiry of any period during which the applicant might be authorised to remain in Australia;”.
11.1 After paragraph 93 (a), insert:
the applicant satisfies the Minister:
(i) that the expressed intention of the applicant only to visit Australia is genuine; and
(ii) if the risk factor specified in regulation 9a is present in the applicant’s case, that the applicant’s circumstances in the applicant’s country of usual residence are such that there is very little likelihood that the applicant will remain in Australia after the expiry of any period during which the applicant might be authorised to remain in Australia;”.
12.1 Omit “June”, substitute “September”.
13.1 Paragraph 119k (1) (a):
Omit “directly affected by warfare”, substitute “seriously affected by the consequences of the warfare”.
13.2 Paragraph 119k (1) (b):
Omit “17 January”, substitute “30 April”.
13.3 Paragraph 119k (2) (a):
Omit “30 April”, substitute “31 July”.
14.1 Omit all the words before paragraph (a), substitute:
(1) In this regulation:
a working holiday entry permit: or
a domestic worker (diplomatic or consular) entry permit; or
an interdependency (temporary) entry permit;
(a) a valid student visa operating as an entry permit or a student entry permit; or
(b) a prescribed temporary entry permit the application for which would have resulted in the applicant being granted a private subsidised student entry permit or student (formal course) entry permit if the application had been made on or after 19 December 1989.
The following criteria are prescribed in relation to a relevant entry permit where the applicant for the entry permit is the holder of a superseded permit:”.
15.1 After regulation 122, insert:
“122a. The following criteria are prescribed in relation to a relevant entry permit (within the meaning of regulation 122) where the applicant for the entry permit was the holder of a specified permit (within the meaning of that regulation) that has expired:
(a) but for the expiry of that specified permit, the applicant satisfies the criteria specified in that regulation;
(b) documents relevant to the establishing of the applicant’s eligibility for the grant of the relevant entry permit were given to the Department of Employment, Education and Training, or to an Australian educational institution, at any time after 1 January 1990 but before:
(i) 1 May 1991; or
(ii) the day on which the specified permit expired;
whichever is the later day;
(c) the applicant is not a person referred to in subparagraph 36 (1) (e) (v);
(d) the applicant applies for the relevant permit before 1 June 1992.”.
16.1 Omit the regulation.
17.1 Paragraphs 127 (a) and (b):
Before “the applicant”, insert “at the time when the application for the entry permit is decided,”.
1. Notified
in the
2. Statutory Rules 1989 No. 365 as amended by 1989 Nos. 414 and 416; 1990 Nos. 1, 34, 69, 75, 109, 204, 237, 242, 251, 272, 279, 320, 339, 371, 402 and 452; 1991 Nos. 2, 18, 25, 43, 60 and 88.
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