Migration Regulations (Amendment) (Cth)
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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 15 March 1990.
BILL HAYDEN
Governor-General
By His Excellency’s Command,
ROBERT RAY
Minister of State for Immigration,
Local Government and Ethnic Affairs
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“‘prescribed temporary entry permit’ means a temporary entry permit:(a) granted before 19 December 1989; or
(b) applied for before 19 December 1989 and granted under the provisions of the
Migration Act 1958 continued in force bysubsection 6 (4) of the
Migration Legislation Amendment Act 1989;”.
(a) by inserting in subregulation (1) the following definition:
“‘entry visa’ has the same meaning as in subsection 17 (5) of the Act;”;
(b) by adding at the end of the definition of “extended eligibility entry permit” in subregulation (1) the following paragraph:“(f) extended eligibility (PRC) entry permit;”;
(c) by inserting in paragraph (3) of the definition of “public interest criteria” in subregulation (1) “or of an Australian permanent resident” after “citizen”.
(a) by inserting in paragraph (2) (a) “that is granted as an entry visa” after “Schedule 2—”;
(b) by omitting from subparagraph (2) (b) (iii) “7” and substituting “8”;
(c) by inserting in paragraph (2) (b) “that is granted as an entry visa” before “is not”.
“22b. (1) An application by a citizen of the People’s Republic of China fora humanitarian grounds entry permit also has effect as an application fora PRC citizen (permanent) entry permit.
“(2) An application by a citizen of the People’s Republic of China for an extended eligibility (other) entry permit or for an extended eligibility (limited) entry permit also has effect as an application for:
(a) an extended eligibility (PRC) entry permit; or
(b) a PRC citizen entry permit;
as the case requires.”
(a) by omitting subparagraph (1) (b) (ii) and substituting the following subparagraph:
“(ii) by:
(A) in the case of an entry permit (including a temporary entry permit)—fixing the entry permit on the passport or other travel document of the person to whom the entry permit is granted; or
(B) in the case of a temporary entry permit—by giving notice to the applicant, in a form approved by the Minister, that the permit has been granted.”;
(b) by inserting in subregulation (2) “in the entry permit register or in the computerised record” after “entry” (first occurring).
“(ii) a border entry permit granted to a person referred to in paragraph 111 (1) (d) or (e); or”.
“(iva) a prescribed temporary entry permit the application for which would have resulted in the applicant being granted a visa or entry permit referred to in subparagraph (i), (ii), (iii), (iv) or (v) if the application had been made on or after 19 December 1989; or”.
(a) by omitting from subregulation (1) “Each of the following persons
is not entitled to be granted a visa or an entry permit” and substituting “A person who has made an application for a visa, or, on arrival in Australia, an application for an entry permit, is not entitled to be granted a visa or an entry permit if the person is”;
(b) by omitting from subparagraph (1) (d) (iv) “prioritiy” and substituting “priority”;
(c) by omitting paragraph (1) (e) and substituting the following paragraph:“(e) a person who left Australia voluntarily:
(i) after having been found by the Department to have breached the conditions of his or her temporary entry permit (without the permit having been cancelled); or
(ii) on or after 1 June 1990 and after the expiry of a period of grace that applied to the person;
unless:
(iii) if the application is in respect of a priority visa or entry permit—the application is made more than 6 months after the departure of the person from Australia; or
(iv) if the application is in respect of any other visa or entry permit—the application is made more than 12 months after the departure of the person from Australia.”.
“(1d) Subregulation (1a) does not apply to or in relation to an applicant to whom the Minister has, by instrument, granted refugee status or territorial asylum.”.
(a) by inserting after paragraph (1c)(b) the following paragraph:“(ba) if the applicant:
(i) entered Australia on or after 19 December 1989 as the holder of a prospective marriage entry visa operating as an entry permit or of a prospective marriage entry permit; and
(ii) married the person stated by the applicant in the application for that visa to be the person whom he or she proposed to marry; and
(iii) becomes an illegal entrant; or”;
(b) by omitting from paragraph (2) (c) “is” (second occurring) and substituting “it”.
“47. (1) The additional criteria in relation to a business (general) visa are the criteria specified in subregulation (2) or (3), as the case requires.
“(2) The additional criteria are that the applicant:
(a) has a successful business record;
(b) has realistic plans to establish, or to take part in, a business in Australia that will do any of the following:
(i) create or maintain employment;
(ii) introduce into Australia new or improved technology for the production of goods or services;
(iii) produce goods or services for export;
(iv) produce goods or services to replace goods or services being imported;
(c) has available for transfer to Australia unencumbered personally owned assets in the form of cash, or other unencumbered assets (or both), adequate to establish and conduct the enterprise, and in any case not less than:
(i) in the case of an applicant who has not turned 40 at the time of application—$350,000; or
(ii) in the case of an applicant who has turned 40 but has not turned 58 at the time of application—$500,000; or
(iii) in the case of an applicant who has turned 58 at the time of application—$850,000;
(d) has, in addition to the cash or assets (or both) referred to in paragraph (c), unencumbered personally owned assets in the form of cash, or other unencumbered assets (or both), adequate to finance the costs of establishing himself or herself personally in Australia, and in any case not less than:
(i) if the applicant intends to establish residence in Sydney or Melbourne—$ 150,000; or
(ii) if the applicant intends to establish residence in any other place in Australia $100,000;
or such lesser amount as the Minister is satisfied would be sufficient to allow the applicant to become established personally in Australia;
(e) intends to live permanently in Australia;
(f) establishes that unencumbered amounts of not less than the relevant amounts specified in paragraphs (c) and (d) respectively have been lodged in Australia;
(g) establishes that the enterprise is not a joint venture to be undertaken in association with an Australian citizen, an Australian permanent resident or an Australian organisation.
“(3) The additional criteria are that:
(a) the applicant:
(i) is the child or adoptive child of a person who has met the criteria specified in subregulation (2); and
(ii) is not a dependent child of that person;
(b) the Minister is satisfied that the applicant is, or will be, essential to the efficient conduct of the business referred to in paragraph (2) (b).
“48. (1) The additional criteria in relation to a business (joint venture) visa are the criteria specified in subregulation (2) or (3), as the case requires.
“(2) The additional criteria are that the applicant:
(a) has a successful business record;
(b) has realistic plans to establish, or to take part in, a business in Australia that will do any of the following:
(i) create or maintain employment;
(ii) introduce into Australia new or improved technology for the production of goods or services;
(iii) produce goods or services for export;
(iv) produce goods or services to replace goods or services being imported;
(c) has available for transfer to Australia unencumbered personally owned assets in the form of cash, or other unencumbered assets (or both), adequate to establish and conduct the enterprise, and any case not less than:
(i) in the case of an applicant who has not turned 40 at the time of application—$350,000; or
(ii) in the case of an applicant who has turned 40 but has not turned 58 at the time of application—$500,000;
(iii) in the case of an applicant who has turned 58 at the time of application—$850,000;
(d) has, in addition to the cash or assets (or both) referred to in paragraph (c), unencumbered personally owned assets in the form of cash, or other unencumbered assets (or both), adequate to finance the costs of establishing himself or herself personally in Australia, and in any case not less than:
(i) if the applicant intends to establish residence in Sydney or Melbourne—$150,000; or
(ii) if the applicant intends to establish residence in any other place in Australia—$100,000;
of such lesser amount as the Minister is satisfied would be sufficient to allow the applicant to become established personally in Australia;
(e) intends to live permanently in Australia;
(f) establishes that unencumbered amounts of not less than the relevant
amounts specified in paragraphs (c) and (d) respectively have been lodged in Australia;
(g) establishes that the enterprise is a joint venture to be undertaken in association with an Australian citizen, an Australian permanent resident or an Australian organisation.
“(3) The additional criteria are that:
(a) the applicant:
(i) is the child or adoptive child of a person who has met the criteria specified in subregulation (2); and
(ii) is not a dependent child of that person;
(b) the Minister is satisfied that the applicant is, or will be, essential to the efficient conduct of the business referred to in paragraph (2) (b).”.
“107a.The additional criteria in relation to a Soviet concession visa are the following criteria:
(a) the applicant is a citizen of the Union of Soviet Socialist Republics;
(b) the applicant has temporary asylum in Italy;
(c) the applicant holds:
(i) a valid exit visa issued before 1 October 1989 by the government of the Union of Soviet Socialist Republics; and
(ii) a valid travel authority issued before 6 November 1989 by the Embassy of the Netherlands in Moscow;
(d) the applicant is the grandparent, parent, spouse, child, brother or sister, nephew or niece, uncle or aunt, or first cousin of an Australian citizen or an Australian permanent resident;
(e) the application for the visa has the support of the Hebrew Immigrant Aid Society and the Federation of Australian Jewish Welfare Societies;
(f) the applicant lodges an application for the visa before 1 June 1990;
(g) the Minister is satisfied that:
(i) the applicant has been discriminated against because of his or her ancestry or ethnic affiliation; and
(ii) permanent settlement in Australia is the appropriate course for the applicant; and
(iii) settlement would not be contrary to the interests of Australia.”.
“(a) a person is the holder of a temporary entry visa, or temporary entry permit, that is not subject to the condition that the holder will not, after entering Australia, be granted another entry permit while he or she remains in Australia; and”.
(a) by omitting “visa or entry permit” (first occurring) and substituting “entry visa operating as an entry permit, or of a valid entry permit,”;
(b) by inserting “or is the holder of a prescribed temporary entry permit the application for which would have resulted in the applicant being granted such an entry permit if the application had been made on or after 19 December 1989” after “(AIDAB)” (first occurring).
(a) by omitting subregulation (1) and substituting the following subregulation:
“(1) This regulation applies to a person:
(a) who is the holder of an entry visa operating as an entry permit, or of an entry permit, (in this regulation called the ‘current entry permit’) that is:
(i) a trainee (English Language) entry permit; or
(ii) a trainee (non-formal course) entry permit; or
(iii) a prescribed temporary entry permit the application for which would have resulted in the applicant being granted a permit referred to in subparagraph (i) or (ii) if the application had been made on or after 19 December 1989; and
(b) who applies for an entry permit to which subregulation (3), (4) or (5) applies (in this regulation called the ‘new entry permit’);”;
(b) by adding at the end of subregulation (5) the following word and paragraph:
“; and (c) the applicant satisfies the criteria for the grant of a trainee (English language) visa or a trainee (non-formal course) visa.”.
“126. (1) The prescribed criteria in relation to an extended eligibility (spouse) entry permit are that, at the time when the application is decided:
(a) the applicant is the spouse of an Australian citizen or Australian permanent resident and was the spouse of that citizen or resident at the time when the application was lodged; and
(b) theapplicant’s relationship with that spouse is a genuine and continuing one; and
(c) the applicant meets the prescribed health criteria specified in item 9 in Schedule 1 and the public interest criteria; and
(d) theapplicant is not an illegal entrant (other than an illegal entrant to whom paragraph 42 (1c) (a), (b) or (c) applies).
“(2) Subregulation (1) does not apply to an applicant:
(a) who is the holder of a transit entry permit; or
(b) who is the holder of a visitor entry permit granted on or after 1 June 1990.”.
(a) by omitting “being” from subparagraph (a) (iv) and substituting “is”;
(b) by adding at the end of paragraph (a) the following subparagraph:
“(v) is a dependent child:
(A) one of whose parents has become an Australian permanent resident since the arrival of that child in Australia; and
(B) who was included in that parent’s application for a visa referred to in items 1 to 12 (inclusive) in Part 1 of Schedule 2, in any item in Part 2 of Schedule 2 or in items 1 to 4 (inclusive) in Part 3 of Schedule 2; and”.
“(1) For the purposes of subsections 30 (1) and 41 (2) of the Act:
(a) each qualification specified in column 2 of an item in Part 1, 2, 4, 5, 6, or 7 of Schedule 4 is prescribed as a qualification in relation to an applicant for a concessional family visa; and
(b) each qualification specified in column 2 of an item in Part 1, 2, or 3 of Schedule 4 is prescribed as a qualification in relation to an applicant for an independent entry visa.”.
“(2) The Secretary may, by writing signed by him or her, delegate to a person any of the Secretary’s powers under these Regulations.”.
(a) by omitting from paragraph (2) (a) “subparagraph 120 (e) (v)” and substituting “paragraph 120 (f)”;
(b) by omitting from paragraph (2) (a) “subparagraph 120 (3) (vi)” and substituting “paragraph 120 (g)”;
(c) by omitting from paragraph (2) (b) “subparagraph 120 (e) (vii)” and substituting “paragraph 120 (h)”;
(d) by omitting from subregulation (4) “There” and substituting “Subject to subregulation (4a), there”;
(e) by inserting after subregulation (4) the following subregulation:
“(4a) Subregulation (4) does not apply in respect of an application:
(a) if the applicant holds:
(i) a private subsidised student or entry visa; or
(ii) a private subsidised student entry permit; or
(b) if the applicant:
(i) holds a prescribed temporary entry permit the application for which would have resulted in the applicant being granted a private subsidised student
entry if the application had been made on or after 19 December 1989; and
(ii) has applied for a private subsidised student entry permit or private subsidised entry visa.”;
(c) by inserting after subregulation (5) the following subregulation:
“(5a) There is payable on an application to which regulation 123aapplies a fee of $50.”.
“(3) No fee is payable on application for an entry permit to which this regulation applies if the applicant is the holder of an extended eligibility (family) entry permit that was granted because the applicant met the criteria specified in subparagraph 127 (a) (v).”.
“189a. There is payable on application for an extended eligibility (family) entry permit:
(a) in the case where the applicant applies on the basis of satisfying the criterion prescribed in paragraph 127 (a) (v)—no fee; or
(b) in any other case—a fee of $250.”.
“196. A fee of $50 is payable on lodgment of an application for the grant under regulation 35b of an entry permit or a further entry permit.”.
“8 | Soviet concession | (a) criteria specified in regulation 107a | 207 |
(b) A,D,E,H |
“32 | Soviet concession | 207”. |
(a) by adding at the end of Part 1 the following item:
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(b) by omitting from item 12 in Part 2 “250” and substituting “the fee ascertained under subregulation 189a”.
1. Notified in the
Commonwealth of Australia Gazette on 16 March 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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