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 29 May 1990.
BILL HAYDEN
Governor-General
By His Excellency’s Command,
NICK BOLKUS
Minister of State for Administrative Services for and on behalf of the
Minister of State for Immigration, Local Government and Ethnic Affairs
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(a) by omitting from subparagraph (a) (i) “accordance with”;
(b) by adding at the end the following subregulation:
“(2) An application is in accordance with these Regulations if it is made on arrival in Australia by a person:
(a) who is not an exempt non-citizen; and
(b) who is exempted from the operation of section 76 of the Act by an instrument under subsection 106 (1) of the Act;
in any of the following cases:
(c) where the person:
(i) has travelled to Australia as a passenger on an aircraft in the course of his or her employment with an airline; and
(ii) intends to leave Australia as a member of the crew of an aircraft;
if the person produces a valid passport, or other travel document, and a document, signed by an officer of the airline, stating:
(iii) that the person is employed by the airline; and
(iv) the person’s intended date of departure as a member of the crew of an aircraft; or
(d) where the person:
(i) has travelled to Australia as a passenger on board a vessel that is not an aircraft; and
(ii) intends to leave Australia on board the vessel;
if the person produces a valid passport, or other travel document, and a document, signed by the vessel’s master, stating that the person is a passenger on the vessel; or
(e) where the person has travelled to Australia as a member of the crew of a vessel that is not an aircraft—if the person produces a valid passport, or other travel document, and a document, signed by the vessel’s master, stating that the person is or was a member of the crew of the vessel and requires entry to Australia for a purpose stated in the document that is consistent with the interests of Australia.”.
(a) by inserting “or entry visa operating as a temporary entry permit” after “permit” in subparagraph (1) (d) (ii);
(b) by inserting “or entry visa operating as a temporary entry permit” after “permit” (first occurring) in subparagraph (1)(d) (iii);
(c) by inserting “or entry visa” after “permit” (second occurring) in subparagraph (1) (d) (iii);
(d) by inserting “or entry visa operating as a temporary entry permit” after “temporary entry permit” in subparagraph (1) (e)(i);
(e) by omitting “the permit” from subparagraph (1) (e) (i) and substituting “the entry permit or entry visa”.
(a) by omitting from paragraph (1a) (a) “permit not more than 2 working days after being first so arrested” and substituting “permit:(iii) within 2 working days after being first so arrested; or
(iv) where within 2 working days after being first so arrested the applicant asks the Minister in writing to be allowed to lodge the application within 7 such working days— within those 7 working days;”;
(b) by inserting in subparagraph (1c) (ba) (ii) “or the visa on the basis of which the prospective marriage entry permit was granted” after “visa”.
(a) by adding “or” at the end of subparagraph 48 (2) (c) (ii);
(b) by omitting from paragraph 48 (2) (d) “of such” and substituting “or such”.
“; or (e) the applicant:
(i) is not a person referred to in paragraph (c) or (d); and
(ii) has, in the opinion of the Minister acting on the advice of:
(A) the Minister responsible for an intelligence or security agency within the meaning of the
Australian Security and Intelligence Organization Act 1979; or(B) the Director-General of Security holding office under that Act;
provided specialised assistance to the Australian Government in matters of security.”.
(a) by inserting “at the time of the nomination” after “possible” in paragraph (1) (d);
(b) by inserting after subregulation (1) the following subregulation:“(1a) The criterion specified in paragraph (1) (d) does not apply if the Minister is satisfied that there is no need to find a suitable applicant within Australia for the position referred to in that paragraph.”.
(a) by omitting paragraph (a) and substituting the following paragraph:“(a) the applicant has applied for a visa that would, if granted:
(i) be an entry visa operating as a permanent entry permit on entry to Australia; or
(ii) enable the applicant before entry to Australia to make an application for a permanent entry permit;”;
(b) by omitting from paragraph (b) “entry permits” and substituting “visas”.
“87a. The additional criteria in relation to a student (restricted) visa are:
(a) the applicant has been accepted for enrolment in a full-time English language, or non-formal, course of not more than 6 months duration which has been registered by the Minister of State for Employment, Education and Training; and
(b) the Minister is satisfied:
(i) that the applicant is a genuine applicant for entry to Australia as a student or trainee; and
(ii) that the applicant will leave Australia before the end of his or her lawful stay in Australia; and
(c) the applicant establishes that he or she has made acceptable arrangements for health insurance in Australia.”.
(a) by omitting paragraph (1) (e) and substituting the following paragraphs:“(e) a dependent child of a person who is an Australian citizen, an Australian permanent resident, or the holder of a temporary resident entry permit or of a visa that is:
(i) a temporary entry visa; and
(ii) a temporary resident visa;
if the child arrives in Australia in the care of a person who is an Australian citizen or who holds a valid visa;
“(ea) a person who, immediately before his or her last departure from Australia, held a temporary resident entry permit or a visa that was:
(i) a temporary entry visa; and
(ii) a temporary resident visa”;
and who:
(iii) made that departure in circumstances where it was not reasonably practicable for the person to obtain a return visa before the departure; or
(iv) would, if excluded from Australia, be prevented from reunion with a close relative of the person in Australia;”;
(b) by omitting “(1) (f)” from subregulation (3) and substituting “(1) (ea) or (f)”.
“(a) the applicant:
(i) is the holder of a valid border visa; or
(ii) has made an application in accordance with subregulation 22 (2) for an entry permit;”.
(a) by inserting in paragraph (1) (d) “, (ba)” after “(b)”;
(b) by omitting from paragraph (2) (b) “June” and substituting “December”.
(a) by inserting in subparagraph (a) (iv) “, (ba)” after “(b)”;
(b) by omitting “and” from subparagraph (a) (iv) and substituting “or”.
“173a. (1) Where a person whose application under the provisions of the Act as in force before 19 December 1989 for the grant of a visa or entry permit has been refused after 18 September 1989:
(a) did not lodge under regulation 29b, 29ba, 29bb or 29bc of the Migration Regulations as in force before 19 December 1989 a second application for the visa or entry permit; and
(b) is not entitled to apply under the provisions of the Migration (Review) Regulations for review of the decision;
the person may make one application to the Minister, in a form approved by the Minister, to reconsider the decision.
“(2) Subregulation (1) does not apply if the application was made:
(a) on humanitarian grounds; or
(b) on the ground that the applicant was entitled to the status of a refugee as defined in paragraph 47 (1) (d) of the Act; or
(c) on the ground that the applicant was a student.
“(3) Subregulation (1) does not apply if:
(a) the applicant:
(i) was outside Australia when the application was lodged; and
(ii) applied for a visitor visa; or
(b) the applicant
(i) was in Australia as a visitor; and
(ii) applied for a further temporary entry permit; unless the applicant was when the application was lodged the:
(c) spouse; or
(d) child or step-child; or
(e) adopted child or step-adopted child; or
(f) parent or step-parent; or
(g) sister or step-sister; or
(h) brother or step-brother; or
(i) fiancé;
of an Australian citizen, or an Australian permanent resident, normally resident in Australia.
“(4) An application under subregulation (1) to reconsider a decision to refuse to grant a visa or entry permit must be lodged:
(a) if the applicant is physically present in Australia when the decision is made:
(i) before the expiration of 28 days after the making of the decision; or
(ii) before 31 August 1990;
whichever is the later; or
(b) if the applicant is not so present:
(i) before the expiration of 70 days after the making of the decision; or
(ii) before 31 August 1990;
whichever is the later.”.
“175. Form 1 is the prescribed form of notice for the purposes of subsection 20 (3) of the Act.”.
“(a) in the case of an application by an applicant referred to in paragraph 120 (e) or (f)—a fee of $50; or”.
(a) by omitting from paragraph 2 (b) “120 (h)” and substituting “120 (g)”;
(b) by omitting subregulation (4a) and substituting the following subregulation:“(4a) Subregulation (4) does not apply in respect of an application if:
(a) the applicant holds:
(i) a private subsidised student entry visa; or
(ii) a private subsidised student entry permit; or
(iii) a prescribed temporary entry permit, the application for which would have resulted in the applicant being granted a private subsidised student entry visa or entry permit if the application had been made on or after 19 December 1989; and
(b) the applicant has applied for a private subsidised student entry permit.”.
“197. There is payable on application for a trainee (English language) visa:
(a) if the applicant is a citizen of a country specified by the Minister by notice in the
Gazette as a country to which this paragraph applies—a fee of $30; or(b) if the applicant is not a citizen of such a country—a fee of $160.
“198. There is payable on application for a trainee (non-formal course) visa:
(a) where the applicant is a trainee—a fee of $30; or
(b) where the applicant is undertaking a training course approved by the Department of Defence—no fee; or
(c) where paragraphs (a) and (b) do not apply:
(i) if the applicant is a citizen of a country specified by the Minister by notice published in the
Gazette as a country to which this subparagraph applies—a fee of $30; or(ii) if the applicant is not a citizen of such a country—a fee of $160.
“199. There is payable on application for a student (restricted) visa:
(a) if the applicant is a citizen of a country specified by the Minister by notice in the
Gazette as a country to which this paragraph applies—a fee of $30; or(b) if the applicant is not a citizen of such a country—a fee of $160.
“200. There is payable on application under regulation 173afor reconsideration of a decision to refuse to grant a visa or entry permit a fee of $240.”.
(a) by inserting in column 2 in item 7 in Part 1 “and special service” after “talent”;
(b) by adding at the end of Part 1 the following item:
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(a) by inserting in column 2 in item 7 in Part 1 “and special service” after “talent”;
(b) by adding at the end of Part 1 the following item:“56 student (restricted) 556”.
(a) by omitting from column 2 in item 1 “transit visa referred to in regulation 110” and substituting “87a, transit visa referred to in regulation 110,”;
(b) by inserting “, 87a,” after “(inclusive)” in column 2 in item 3;
(c) by adding at the end in column 2 in item 11 “, 87a”.
(a) by inserting in column 2 in item 7 in Part 1 “and special service” after “talent”;
(b) by omitting “160”in column 3 in item 43 in Part 1 and substituting “the fee ascertained under regulation 197”;
(c) by omitting paragraphs (a) and (b) in column 3 in item 44 in Part 1 and substituting “the fee ascertained under regulation 198”;
(d) by adding at the end of Part 1 the following item:“77 student (restricted) the fee ascertained under regulation 199”;
(e) by omitting from column 3 in item 12 in Part 2 “subregulation” and substituting “regulation”.
1. Notified in the
Commonwealth of Australia Gazette on 31 May 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
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