Migration Regulations (Amendment) (Cth)

Statutory Rules 1990 No. 2511

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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 2 August 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. Commencement

1.1 Regulations 6, 7, 8, 9, 11 and 12 are taken to have commenced on 19 December 1989.

1.2 Regulations 3 and 13 are taken to have commenced on 1 July 1990.

1.3 Regulation 14 is taken to have commenced on 12 July 1990.

1.4 Regulations 4 and 5 are taken to have commenced on 1 August 1990.

2. Amendment

2.1 The Migration Regulations are amended as set out in these Regulations.

3. Regulation 111 (Border visas)

3.1 Subregulation 111 (1):

After paragraph (ea) insert the following paragraph:

“(eb) a person who:

(i) immediately before last departing from Australia, held a student entry permit, or a student visa that was an entry visa; and

(ii) made that departure in circumstances in which it was not reasonably practicable for the person to obtain a return visa before departing;”.

3.2 Paragraph 111 (2) (a):

Omit “(e) or (f)”,substitute “(e), (ea), (eb) or (f)”.

3.3 Subregulation 111 (3):

Omit “(ea)”, insert “(ea), (eb)”.

4. Regulation 119f (Lebanese (temporary) entry permit)

4.1 Paragraph 119f (1) (b):

Omit “19 February”, substitute “31 July”.

4.2 Paragraph 119f (2) (b):

Omit “31 July”, substitute “31 October”.

5. Regulation 119g (Sri Lankan (temporary) entry permit)

5.1 Paragraph 119g (1) (b):

Omit “19 February”, substitute “31 July”.

5.2 Paragraph 119g (2) (b):

Omit “31 July”, substitute “31 October”.

6. Regulation 120 (Grant of temporary entry permit (other than working holiday entry permit) to holders of visitor visa, visitor entry permit or prescribed temporary entry permit)

6.1 Subparagraph 120 (g) (iii):

Omit the subparagraph, substitute:

“(iii) satisfies the prescribed criteria in relation to a visa of a class that corresponds to the class of entry permit that includes that entry permit;”.

6.2 Subparagraph 120 (h) (i):

Omit the subparagraph, substitute:

“(i) satisfies the prescribed criteria in relation to a visa of a class that corresponds to the class of entry permit that includes that entry permit;”.

7. Regulation 121 (Grant of temporary entry permit to holders of working holiday visa or entry permit or of prescribed temporary entry permit)

7.1 Sub-subparagraph 121 (f) (in) (a):

Omit the sub-subparagraph, substitute:

“(a) satisfies the prescribed criteria in relation to a visa of a class that corresponds to the class of entry permit that includes that entry permit;”.

8. Regulation 122 (Grant of temporary entry permit to holder of certain student visa or entry permit or of prescribed temporary entry permit)

8.1 Sub-subparagraph 122 (e) (i) (a):

Omit the sub-subparagraph, substitute:

“(A)satisfies the prescribed criteria in relation to a visa of a class that corresponds to the class of entry permit that includes that entry permit;”.

8.2 Sub-subparagraph 122(e) (ii) (E):

Omit the sub-subparagraph, substitute:

“(E)satisfies the prescribed criteria in relation to a visa of a class that corresponds to the class of entry permit that includes that entry permit;”.

8.3 Sub-subparagraph 122 (e) (iii) (a):

Omit the sub-subparagraph, substitute:

“(a)satisfies the prescribed criteria in relation to a visa of a class that corresponds to the class of entry permit that includes that entry permit;”.

9. Regulation 123 (Grant of visitor or student entry permit to holder of certain student visa or entry permit or of prescribed temporary entry permit)

9.1 Sub-subparagraph 123 (d) (i) (a):

Omit the sub-subparagraph, substitute:

“(a)satisfies the prescribed criteria in relation to a visa of a class that corresponds to the class of entry permit that includes that entry permit;”.

9.2 Sub-subparagraph 123 (d) (ii) (A):

Omit the sub-subparagraph, substitute:

“(a)satisfies the prescribed criteria in relation to a visa of a class that corresponds to the class of entry permit that includes that entry permit;”.

10. Regulation 123a (Holder of trainee (non-formal course), or trainee (English language), entry permit or prescribed temporary entry permit— temporary provisions)

10.1 Subparagraph 123a(3) (a) (i):

Omit the subparagraph, substitute:

“(i) satisfies the prescribed criteria in relation to a visa of a class that corresponds to the class of entry permit that includes that entry permit;”.

11. Regulation 124 (Grant of student entry permit to holder of, or person included in, diplomatic visa or holder of prescribed temporary entry permit)

11.1 Paragraph 124 (b):

Omit the paragraph, substitute:

“(b) the applicant satisfies the prescribed criteria in relation to a visa of a class that corresponds to the class of entry permit that includes that entry permit;”.

12. Regulation 125 (Prescribed criteria for grant of temporary entry permit to lawful temporary resident or holder of prescribed temporary entry permit)

12.1 Subparagraph 125 (e) (i):

Omit the subparagraph, substitute:

“(i) being an applicant for a visitor entry permit, satisfies the prescribed criteria in relation to a visa of a class that corresponds to the class of entry permit that includes that entry permit;”.

12.2 Subparagraph 125 (e) (ii):

Omit the subparagraph, substitute:

“(ii) being an applicant for a temporary resident entry permit, satisfies the prescribed criteria in relation to a visa of a class that corresponds to the class of entry permit that includes that entry permit;”.

12.3 Sub-subparagraph 125(e) (iii) (A):

Omit the sub-subparagraph, substitute:

“(A)satisfies the prescribed criteria in relation to a visa of a class that corresponds to the class of entry permit that includes that entry permit;”.

13. Regulation 146 (Qualification—suitability for employment)

13.1 Sub-subparagraph 146 (a) (i)(C):

Add at the end “or that is listed on the Professional-Equivalent Occupation List”.

13.2 Sub-subparagraph 146 (a) (i) (D):

Omit “such a degree or trade certificate”, substitute “the Australian standards for the occupation”.

13.3 Sub-subparagraph 146 (d) (i) (B):

Add at the end “or that is listed on the Technical-Equivalent Occupation List”.

13.4 Sub-subparagraph 146 (d) (i) (C):

Omit “such a diploma or associate diploma”, substitute “the Australian standards for the occupation”.

13.5 Add at the end:

“(2) In this regulation, ‘the Professional-Equivalent Occupation List’ and ‘the Technical-Equivalent Occupation List’ mean the lists of occupations, by those names respectively, that are declared by the

Minister, by notice published in the Gazette, to be lists of Professional-Equivalent Occupations or Technical-Equivalent Occupations, as the case may be.”.

14. Regulation 178 (Prescribed procedures—subsection 59 (2) of the Act)

14.1 After paragraph (a) insert the following paragraph:

“(b) to find out whether the person has applied to be granted refugee status or territorial asylum;”.

15. Schedule 8, Part 1

15.1 Items 39, 40 and 41:

Omit the fee from column 3.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 9 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