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 27 February 1991.
BILL HAYDEN
Governor-General
By His Excellency’s Command,
GERRY HAND
Minister of State for Immigration,
Local Government and Ethnic Affairs
____________
1.1 These Regulations, other than regulations 11.3, 11.4, 12, 14.1, 14.2, 14.3, 14.4 and 17.3, commence on 27 February 1991.
1.2 Regulations 12, 14.1, 14.2, 14.3 and 14.4 are taken to have commenced on 19 December 1989.
1.3 Regulations 11.3 and 17.3 are taken to have commenced on 12 July 1990.
1.4 Regulation 11.4 is taken to have commenced on 10 December 1990.
2.1 The Migration Regulations are amended as set out in these Regulations.
3.1 Paragraph 13 (2) (a) (v):
Omit “12 and 13”, substitute “13, 14 and 15”.
4.1 After regulation 22C, insert:
“22D. (1) An application by a person to the Minister, lodged before 27 February 1991:
for refugee status; or
(b) to reconsider the rejection of the person’s application for refugee status;
on which the Minister had not taken a decision before 27 February 1991, also has effect as an application for a domestic protection (temporary) visa or entry permit.
Subregulation (1) does not apply to a person:
who is a citizen of the PRC; and
(b) in respect of whom records kept by the Department show that the person:
(i) entered Australia on or before 20 December 1989;
and
(ii) was in Australia on that day.”.
5.1 Subregulation 40 (1):
Add at the end:
the person:
(i) became an illegal entrant before 19 December 1989; and
(ii) has lodged:
(a) an application to the Minister for refugee status, or to reconsider such an application, before 19 December 1989, on either of which the Minister had not taken a decision before 10 December 1990; or
(b) an application to the Minister for refugee status on or after 19 December 1989; or
(c) an application for an extended eligibility (other) entry permit, an extended eligibility (limited) entry permit or a humanitarian grounds entry permit;
and the person also:
(iii) has lodged before 27 February 1991 an application that has effect under regulation 22D as an application for a domestic protection (temporary) entry permit; or
(iv) lodges an application for a domestic protection (temporary) entry permit before 1 July 1991;
the person:
(i) became an illegal entrant on or after 19 December 1989; and
(ii) lodges an application to the Minister for refugee status before 1 July 1991;
and the person also:
(iii) has lodged before 27 February 1991 an application that has effect under regulation 22D as an application for a domestic protection (temporary) entry permit; or
(iv) lodges an application for a domestic protection (temporary) entry permit before 1 July 1991.”.
6.1 Paragraph 48 (2) (c):
Omit “and any case”, substitute “and, in any case,”.
7.1 Subregulation 98E (2):
Omit “98 (3) (b),”, substitute “98D (3) (b),”.
7.2 Subregulation 98E (3):
Omit “98 (3) (b),”, substitute “98D (3) (b),”.
7.3 Subregulation 98E (4):
Omit “98 (3) (b),”, substitute “98D (3) (b),”.
8.1 Omit the regulation.
9.1 Before regulation 119B, insert:
“117A. (1) The additional criteria for a domestic protection (temporary) entry permit are that, when a decision on the application for the permit is made:
the applicant is in Australia; and
(b) the applicant has been granted refugee status by the Minister; and
the applicant has undergone:
(i) a medical examination by a medical officer of the Australian Government Health Service; and
(ii) a chest X—ray examination by a medical practitioner who is qualified as a radiologist in Australia; and
(d) the Minister is satisfied that the grant of the permit is in the national interest.
A domestic protection (temporary) entry permit is valid for only 4 years from its grant.
“117B. The additional criteria for a domestic protection (temporary) visa are that, when a decision on the application for the visa is made:
the applicant:
(i) holds:
(A) a domestic protection (temporary) entry permit; or
(B) a refugee (restricted) entry permit; and
(ii) satisfies the criteria set out in regulation 115; or
the applicant:
(i) has arrived in Australia; and
(ii) has not entered Australia; and
(iii) satisfies the criteria set out in subregulation 117a (1); or
the applicant:
(i) is the spouse, or dependent child, of the holder of:
(A) a domestic protection (temporary) visa or entry permit; or
(B) a refugee (restricted) visa or entry permit; and
(ii) satisfies the criteria set out in items 5 and 9 of Schedule 1; and
(ii) lodges with the application an approved nomination of the applicant.
“(2) An approved nomination of an applicant must be:
(a) made in writing by the holder referred to in subparagraph (1) (c) (i); and
(b) lodged in Australia; and
(c) endorsed by an officer of the Department to the effect that it has been approved by the Minister.
The validity of a domestic protection (temporary) entry permit granted to a person who is the spouse, or dependent child, of the holder of:
(a) a domestic protection (temporary) visa or entry permit; or
(b) a refugee (restricted) visa or entry permit;
ceases when the holder’s visa or entry permit ceases to be valid.
10.1 Subparagraph 121 (f) (iii):
Omit the subparagraph, substitute:
“(iii) being an applicant for a visitor entry permit, satisfies the prescribed criteria in relation to the class of visas to which that entry permit is equivalent and establishes that:
(A) exceptional reasons exist for the grant of the entry permit; and
(b) the proposed extension of his or her visit to Australia is to be undertaken for genuine reasons; and
(c) the applicant has adequate financial support for his or her stay during that visit;
and also establishes that:
(d) there are compelling reasons for seeking to extend his or her stay in Australia; or
(e) a further period of stay in Australia is necessary in connection with legal proceedings; or
(f) the applicant seeks to extend his or her stay in Australia for purposes of tourism.”.
11.1 Paragraphs 144 (1) (f), (j), (o) and (p):
Omit the paragraphs.
11.2 Paragraph 144 (1) (u):
Omit “risk.”, substitute “risk; and”.
11.3 Subregulation 144 (1):
Add at the end:
“(v) PRC (temporary); and”.
11.4 Subregulation 144 (1):
Add at the end:
“(w) December 1989 (temporary); and
(x) December 1989 (permanent).”.
12.1 After regulation 147, insert:
“147a. If an applicant to whom subregulation 147 (1) applies does not receive the necessary score under regulations 145, 146 and 147, the spouse of the applicant is taken to have received the necessary score if:
(a) the spouse is an applicant: and
the sum of:
(i) the points which the spouse could receive under Parts 1 and 2 of Schedule 4; and
(ii) the points which the first mentioned applicant receives under Parts 4, 5, 6 and 7 of Schedule 4;
is equal to, or exceeds, the necessary score.”.
13.1 Paragraph 173a (2) (b):
Omit the paragraph, substitute:
“(b) on the ground that the applicant was entitled to the status
o f a refugee as defined in paragraph 47 (1) (d) of the Act; or”.
14.1 Part 1, heading:
Omit “(subregulation 41 (4) applicable)”.
14.2 Part 2, heading:
Omit “(subregulation 41 (4) applicable)”.
14.3 Part 3, heading:
Omit “(subregulation 41 (4) not applicable)”.
14.4 Part 3, item 3 (column 3):
Omit paragraph (a), substitute:
“(a) non-dependent child, brother or sister, niece or nephew, working age parent, or the spouse of such a person if that spouse has the necessary score under regulation 147a”.
14.5 Part 3:
Omit item 12.
14.6 Part 3:
After item 14, insert:
“15 domestic
protection (temporary) — 784”.
15.1 Class 8 entry permit—refugee:
Omit item 79, substitute:
“79a domestic
protection (temporary) — 784”.
16.1 Item 1 (column 2):
Omit “refugee (restricted) visa or entry permit,
evacuation entry permit”, substitute:
“evacuation entry permit, domestic
protection (temporary) visa or entry permit”.
17.1 Part 1:
Omit item 74.
17.2 Part 1:
After item 82, insert:
“83 domestic protection (temporary) (a) if the application is under regulation 22D— no fee
(b) in any other case— $30”.
17.3 Part 2, item 10:
Omit “$250”, substitute:“$30”.
17.4 Part 2:
After item 24, insert:
“25 domestic protection (temporary) (a) if the application is under regulation 22D— no fee
(b) if the application is by the holder of a domestic protection (temporary) entry visa granted under regulation 117B—no fee
(c) in any other case—$30”.
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, 261, 272, 279, 320, 339, 371, 402 and 452; 1991 Nos. 2, 8 and 18.
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