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 11 July 1990.
BILL HAYDEN
Governor-General
By His Excellency’s Command,
GERRY HAND
Minister of State for Immigration, Local Government and Ethnic Affairs
—————
(a) by omitting from the definition of “assurance of support” in subregulation (1) “IV of the Migration Regulations” and substituting “6”;
(b) by omitting paragraphs (d), (e) and (f)of the definition of “extended eligibility entry permit” in subregulation (1) and substituting the following paragraph:“(d) extended eligibility (pilot) entry permit;”;
(c) by inserting in paragraph (a) of the definition of “formal course” in subregulation (1) “of State for Employment, Education and Training” after “Minister”;
(d) by inserting in subregulation (1) the following definition:“
‘PRC’ means People’s Republic of China;”;
(e) by inserting in paragraph (e) of the definition of “public interest criteria” in subregulation (1) “or of an Australian permanent resident” after “citizen”;
(f) by omitting the definition of “restricted refugee visa” and “restricted refugee entry permit” in subregulation (1) and substituting the following definitions:
“‘restricted refugee entry permit’ means a refugee (restricted) entry permit;
‘restricted refugee visa’ means a refugee (restricted) visa;”;
(g) by inserting in the definition of “student visa” in subregulation (1) “, or item 56, in Part 1 in” after “inclusive”;
(h) by omitting from subregulation (3) “132” and substituting “131”.
(a) by omitting paragraph (2) (a) and substituting the following paragraph:“(a) in any of the following items:
(i) items 13 to 24 inclusive in Part 1 in Schedule 2;
(ii) items 26 to 50 inclusive in that Part;
(iii) item 56 in that Part;
(iv) items 5 to 10 inclusive in Part 3 in that Schedule;
(v) items 12 and 13 in that Part;
that is granted as an entry visa is not to be granted as an entry visa having effect as a permanent entry permit; or”;
(b) by omitting from subparagraph (2) (b) (i) “or”;
(c) by omitting from subparagraph (2) (b) (ii) “or”;
(d) by omitting from subparagraph (2) (b) (iii) “or”.
“(2) A reference in Schedule 5 to a class of visas by number is a reference to a class of visas specified in the correspondingly numbered item in Part 1 in Schedule 3.”.
(a) by omitting paragraph (2) (a) and substituting the following paragraph:“(a) in any of the following items:
(i) items 13 to 24 inclusive in Part 1 in Schedule 3;
(ii) items 26 to 50 inclusive in that Part;
(iii) item 56 in that Part;
(iv) items 14 to 17 inclusive in Part 3 in that Schedule;
(v) item 19 in that Part;
(vi) items 22 to 28 inclusive in that Part;
(vi) items 30 and 31 in that Part;
is not to be granted as a permanent entry permit; or”;
(b) by omitting from subparagraph (2) (b) (i) “or”;
(c) by omitting from subparagraph (2) (b) (ii) “or”;
(d) by omitting paragraph (2) (b) (iii) and substituting the following subparagraphs:“(iii) items 1 to 4 inclusive in Part 2 in that Schedule;
(iv) items 6, 7, 9 and 11 in that Part;
(v) items 1 to 13 inclusive in Part 3 in that Schedule;
(vi) item 32 in that Part;”.
“(2) A reference in Schedule 5 to a class of entry permits by number is a reference to a class of entry permits specified in the correspondingly numbered item in Part 1 in Scheduled.”.
(a) by omitting “(b)” from paragraph (1) (a) and substituting “(b), (ba)”;
(b) by omitting from subparagraph (1) (b) (i) “30 June” and substituting “31 October”;
(c) by omitting from sub-subparagraph (1) (c) (iv) (E)“granted.” and substituting “granted; or”;
(d) by omitting from subparagraph (1) (d) (iii) “1990;” and substituting “1990.”;
(e) by omitting from subregulation (2) “one” and substituting “1”.
“(b) the holder of a valid student (restricted) visa or entry permit; or
(c) a dependant of a person referred to in paragraph (a) or (b),
being a dependent who is the holder of a valid dependant (subsequent entry) visa or entry permit.”.
(a) by omitting from subparagraph (1) (a) (i) “one” and substituting “1”
(b) by adding at the end of subregulation (1) the following paragraph:“; (j) in the case of a citizen of the PRC—the citizen satisfies the criteria for the grant of a PRC (temporary) entry permit”;
(c) by inserting in paragraph (2) (c) “or an entry permit” after “visa”;
(d) by omitting from subparagraph (2) (d) (i) “21” and substituting “18”.
(a) by inserting after “1” in subregulation (2) “, or in items 1 to 11 inclusive or item 14, 16 or 17 in Part 3,”;
(b) by omitting from paragraph (2) (a) “, other than an entry visa”;
(c) by omitting from subregulation (2) “or 17” and substituting “, 17 or 32”;
(d) by omitting subregulation (5) and substituting the following subregulation:“(5) A reference in Schedule 2 to a criterion by an expression comprising a letter or a letter and a number, or by such an expression and a word, or words, in parentheses, is a reference to the criterion so described in Column 3 of Schedule 1.”.
(a) by omitting from paragraph (1) (a) “and who seeks to enter Australia on or before 31 May 1990”;
(b) by omitting from subparagraph (2) (b) (i) “terminating”.
(a) by omitting “B”;
(b) omitting paragraph (b) and substituting the following paragraphs:“(b) the applicant has been granted refugee status by the Minister;
(c) the applicant has undergone:
(i) a medical examination carried out by a medical officer of the Australian Government Health Service; and
(ii) a chest X-ray examination conducted by a medical practitioner who qualified as a radiologist in Australia.”;
(c) by adding at the end the following subregulation:“(2) A refugee (restricted) visa or entry permit is not valid for a period exceeding 4 years.”.
“119h. (1) The following criteria are prescribed in relation to a PRC (temporary) entry permit:
(a) the applicant is a citizen of the PRC;
(b) movement records kept by the Department show that the applicant entered Australia on or before 20 June 1989 and was in Australia on that day;
(c) the applicant has undergone:
(i) a medical examination carried out by a medical officer of the Australian Government Health Service; and
(ii) a chest X-ray examination conducted by a medical practitioner who qualified as a radiologist in Australia;
(d) the applicant satisfies applicable prescribed public interest criteria.
“(2)A PRC (temporary) entry permit is not to be granted to a person who is an applicant for a visa or entry permit of another kind.
“(3) A PRC (temporary) entry permit is not to be granted except:
(a) as a temporary entry permit; and
(b) for a period ending on 30 June 1994.
“(4)A PRC (temporary) entry permit is granted on the condition that it is not taken to be a valid temporary entry permit for the purposes of section 47 of the Act.
“119i. (1)The following criteria are prescribed in relation to a refugee (temporary) entry permit:
(a) the applicant has been granted refugee status by the Minister;
(b) the Minister is satisfied that it is in the national interest to grant a refugee (temporary) entry permit to the applicant.
“(2) A refugee (temporary) entry permit is not to be granted except as a temporary entry permit.”.
“125a. The following criteria
are prescribed in relation to a domestic worker (diplomatic or consular) entry
permit, if the entry permit is applied for by the holder of a domestic worker
(diplomatic or consular) visa or entry permit (in this regulation referred to
as
(a) the applicant has complied substantially with any conditions to which the existing visa or entry permit is subject;
(b) the existing visa or entry permit was not granted subject to a condition that the holder will not be entitled to be granted:
(i) in the case of a visa—an entry permit; or
(ii) in the case of an entry permit—a further entry permit;
while he or she remains in Australia;
(c) the applicant satisfies applicable prescribed public interest criteria and the prescribed health criteria specified in item 9 in Schedule 1;
(d) the Minister is satisfied that the applicant intends to comply with any conditions subject to which the entry permit is granted;
(e) the Minister of State for Foreign Affairs and Trade supports the application in writing;
(f) the Minister is satisfied that:
(i) the applicant is, and will continue while remaining in Australia to be, undertaking full-time domestic duties in the household of the person who was the sponsor of the applicant in respect of the first visa or entry permit of a kind to which this regulation relates that was held by the applicant; or
(ii) the applicant seeks to remain in Australia to undertake full-time domestic duties in the household of a diplomatic or consular representative in Australia of another country, being a representative who sponsors the applicant but was not the sponsor of the applicant referred to in subparagraph (i).
“125b.
The following criteria are prescribed in relation to a student (restricted)
entry permit, if the entry permit is applied for by the holder of a student
(restricted) visa or entry permit, a trainee (English language) visa or entry
permit or a trainee (non-formal) visa or entry permit (in this regulation
referred to as
(a) the applicant has complied substantially with any conditions to which the existing visa or entry permit is subject;
(b) the Minister is satisfied that the applicant intends to comply with any conditions subject to which the entry permit is granted;
(c) the applicant is enrolled in a course of study registered by the Minister of State for Employment, Education and Training;
(d) the course of study lasts not more than 6 months;
(e) the applicant has not held a student (restricted) visa or entry permit other than the existing visa or entry permit;
(f) the applicant satisfies the criteria for the grant of a student (restricted) visa.”.
“129. The following criteria are prescribed in relation to an extended eligibility (pilot) entry permit:
(a) the applicant is present in Australia on the day of the application;
(b) the applicant is the holder of an Australian licence issued before 31 July 1990 to fly an aircraft of any of the following types:
(i) BAe 146;
(ii) A300-B4;
(iii) A320;
(iv) B727-200;
(v) B737-300;
(vi) B737-400;
(vii) B767-200;
(c) the applicant satisfies the criteria set out in items 5 and 9 in Schedule 1.”.
“142a. The following criteria are prescribed in relation to a refugee (permanent) entry permit:
(a) the applicant meets the requirements of at least one of the paragraphs of subsection 47 (1) of the Act;
(b) the applicant is the holder of a refugee (temporary) entry permit;
(c) the applicant has undergone:
(i) a medical examination carried out by a medical officer of the Australian Government Health Service; and
(ii) a chest X-ray examination conducted by a medical practitioner who qualified as a radiologist in Australia;
(d) the applicant satisfies applicable prescribed public interest criteria.
“142b. The following criteria are prescribed in relation to a pilot (permanent) entry permit:
(a) the applicant is present in Australia on the day of the application;
(b) the applicant meets the requirements of at least one of the paragraphs of subsection 47 (1) of the Act;
(c) the applicant is the holder of an Australian licence issued before 31 July 1990 to fly an aircraft of any of the following types:
(i) BAe 146;
(ii) A300-B4;
(iii) A320;
(iv) B727-200;
(v) B737-300;
(vi) B737- 400;
(vii) B767-200.”.
(a) by omitting sub-subparagraphs (f) (i
) (A), (B) and (C)and substituting the following sub-subparagraphs:“(A)for which, in Australia, a degree, diploma, associate diploma or trade certificate is required; and
(B) in respect of which the applicant has a degree, diploma, associate diploma or trade certificate that qualifies him or her to enter that occupation in the foreign country of his or her usual residence; and
(C) in respect of which the qualifications of the applicant are assessed by the relevant Australian authority as requiring upgrading by a course of training lasting not more than 6 months before being equivalent to Australian standards for that occupation; and”;
(b) by omitting sub-subparagraphs (g) (i) (A) and (B) and substituting the following sub-subparagraphs:“(A)on the basis of an occupation that is the usual occupation of the applicant, being an occupation entry to which in Australia requires an educational qualification other than a degree, diploma, associate diploma or trade certificate; and
(B) as a person who has educational qualifications equivalent to completion of 4, 5 or 6 years of secondary education in Australia; and
(C) as a person who has a post-secondary educational qualification, other than a degree, diploma, associate diploma or trade certificate, that meets Australian standards for that occupation, or has work experience that is assessed by the relevant Australian authority to be equivalent to such a post-secondary qualification; and”;
(c) by omitting subparagraph (g) (ii) and substituting the following subparagraph:“(ii) has an occupation:
(A) that is the usual occupation of the applicant; and
(B) entry to which in Australia requires a degree, diploma, associate diploma or trade certificate; and
(C) in respect of which the applicant has a degree, diploma, associate diploma or trade certificate, or possesses work experience, assessed by the relevant Australian authority as not equivalent to Australian standards for that occupation;”;
(d) by adding at the end the following paragraphs:“; (j) the applicant:
(i) has completed a degree, diploma, associate diploma or
trade certificate in the period of 12 months immediately before the date of his or her application, being a degree, diploma, associate diploma or trade certificate assessed by the relevant Australian authority as equivalent to a degree, diploma, associate diploma or trade certificate awarded by an Australian educational institution; and
(ii) does not have the qualifications described in any of paragraphs (a) to (e) inclusive;
(k) the applicant:
(i) has an occupation that is the applicant’s normal occupation; and
(ii) has completed a degree, diploma, associate diploma or trade certificate more than 12 months before the date of his or her application, being a degree, diploma, associate diploma or trade certificate assessed by the relevant Australian authority as equivalent to a degree, diploma, associate diploma or trade certificate awarded by an Australian educational institution; and
(iii) does not have the qualifications described in any of paragraphs (a) to (e) inclusive.”.
(a) by omitting from subregulation (2) “Where” and substituting “Subject to subregulation (4), if;
(b) by adding at the end the following subregulation:“(4) If:
(a) a person who was an illegal entrant on 19 December 1989 applies for an entry permit on or after that day but before 28 July 1990; and
(b) notice of the decision in relation to the application is served on the person in Australia by post before 28 July 1990;
that person is taken for the purposes of regulation 24 of the Migration (Review) Regulations to have received notice of that decision on 3 August 1990.”.
(a) by omitting paragraph (b);
(b) by inserting after “requires” in paragraph (e) “, or, if the person applied to the Minister under subparagraph 42 (1a) (a) (iv), 7 working days have elapsed after the day on which he or she was so arrested”.
(a) by omitting from subregulation (1) “125” and substituting “125b”;
(b) by inserting “or 125a”after “regulation 125” in subregulation (7);
(c) by inserting after subregulation (7) the following subregulation:“(7a) There is payable on an application to which regulation 125b applies a fee of $50.”.
(a) by omitting from subregulation (2) “section 11s” (wherever occurring) and substituting “section 36”;
(b) by omitting from subregulation (2) “section 11t” (wherever occurring) and substitutiing “section 37”;
(c) by omitting from subparagraph (2) (c) (i) “11s (1) (a)” and substituting “36 (1) (a)”;
(d) by adding at the end the following subregulation:“(3) Where:
(a) a person who is a citizen of the PRC is an applicant for a visa or entry permit other than a PRC (temporary) entry permit; and
(b) movement records kept by the Department show that the person entered Australia on or before 20 June 1989 and was in Australia on that day; and
(c) a decision has not been made on the application;
the person may withdraw the application and, upon that withdrawal, is entitled to a refund of any fee paid on the application.”.
(a) by omitting item 32 from Part 1 and substituting the following item:
| 410”; |
(b) by omitting item 37 from Part 1 and substituting the following item:
| 419”; |
(c) by omitting items 5, 8 and 10 from Part 2;
(d) by adding at the end of that Part the following items:
| (a) the criteria specified in regulation 142a | 810 |
(b) D, H | ||
| (a) the criteria specified in regulation 142b | 811”; |
(b)
D, H |
(e) by omitting items 18, 19, 20 and 21 from Part 3 and substituting the following item:
| 781”; |
(f) by omitting items 26, 27, 28 and 29 from Part 3 and substituting the following items:
| 437 |
| 438 |
| 439”. |
(a) by omitting from Part 1 items 4 and 5 and substituting the following items:
| 55 |
| 50”; |
(b) by adding at the end of Part 1 the following items:
| 45 |
| 40”; |
(c) by omitting from Part 2 items 10 to 14 inclusive and substituting the following items:
| 30 |
| 20 |
| 10 |
| 5”; |
(d) by omitting item 17 from Part 3 and substituting the following item:
| 5”. |
(a) by omitting item 1 and substituting the following item:
| conditions referred to in paragraphs 23 (4) (a) and 33 (4) (a) of the Act respectively”; |
(b) by omitting item 3 and substituting the following item:
| holder not to perform any work without permission of Secretary”; |
(c) by omitting “(inclusive)” from items 4 and 9 and substituting “(inclusive),”;
(d) by omitting items 11, 12 and 13 and substituting the following item:
| holder to satisfy course requirements”. |
(a) by omitting from the heading to Form 1 “Regulation 154” and substituting “Regulation 175”;
(b) by omitting clause 3 (4) (b) from Form 1 and substituting the following clause:“(b) I had been convicted of a crime, or crimes, and sentenced to death, to imprisonment for life or to imprisonment for a period of, or periods totalling, at least 1 year”;
(c) by omitting from Form 1 all the words from and including “OFFICE USE ONLY”;
(d) by omitting from the heading to Form 2 “Regulation 157” and substituting “Regulation 181”;
(e) by omitting from the heading to Form 3 “Regulation 157” and substituting “Regulation 181”;
(f) by omitting from the heading to Form 4 “Regulation 158” and substituting “Regulation 182”.
(a) by omitting “$” from the heading to column 3 in Part 1;
(b) by inserting “$” immediately before the figures in column 3 in items 1 to 12 (inclusive), 15 to 20 (inclusive), 22, and 24 to 42 (inclusive) in Part 1;
(c) by omitting item 52 from Part 1 and substituting the following item:
| (a) if application is lodged in Australia—$50
|
(d) by inserting “$” immediately before the figures in column 3 in items 63 to 66 (inclusive) in Part 1;
(e) by omitting item 73 from Part 1;
(f) by inserting “$” immediately before the figures in column 3 in item 75 in Part 1;
(g) by omitting “$” from the heading to column 3 in Part 2;
(h) by omitting items 4, 7 and 9 from Part 2;
(i) by inserting “$” immediately before the figures in column 3 items 10 and 11 in Part 2;
(j) by omitting items 14 to 18 (inclusive) from Part 2 and substituting the following items:
| $30 |
| $30 |
| $50”; |
(k) by inserting “$” immediately before the figures in column 3 in items 19 and 20 in Part 2.
1. Notified in the
Commonwealth of Australia Gazette on 12 July 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 Statutory Rules 1990 Nos. 1, 34, 69, 75, 109 and 204.
Printed by Authority by the Commonwealth Government Printer
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