Migration Regulations (Cth)
MIGRATION REGULATIONS
- In force under the Migration Act 1958
- Reprinted as at 3 April 1990 (HISTREG CHAP 127 #DATE 03:04:1990)
- In force under the Migration Act 1958
- Reprinted as at 3 April 1990 (HISTREG CHAP 127 #DATE 03:04:1990)
*1*The Migration Regulations (in force under the Migration Act 1958) as shown in this reprint comprise Statutory Rules 1989 No. 365 amended as indicated in the Tables below.
Year and Date of Date of Application,
number notification commencement saving or
in transitional
Gazette provisions
1989 No. 365 18 Dec 1989 19 Dec 1989
414 21 Dec 1989 21 Dec 1989 -
416 22 Dec 1989 22 Dec 1989 -
1990 No. 1 15 Jan 1990 Part 2 (rr. 3-12): 19 Dec 1989 -
Schedule (Part 1): 20 Dec 1989
Remainder: 15 Jan 1990
34 20 Feb 1990 Rr. 7 and 18: 19 Feb 1990 -
Remainder: 20 Feb 1990
69 20 Feb 1990 20 Feb 1990 -
75 16 Mar 1990 Rr. 2, 10, 12, 13, 16, 22-25, -
27-29, 30 (b), 34 (a), (b), 35,
36 and 40: 19 Dec 1989
Rr. 8, 9, 15, 20 and 26:
20 Feb 1990
Rr. 21 and 30 (a): 15 Jan 1990
Remainder: 16 March 1990
Table of Amendments
ad.=added or inserted am.=amended rep.=repealed rs.=repealed and substituted
Provision
affected How affected
R. 1
am. 1989 No. 414
R. 2
am. 1989 No. 414; 1990 Nos. 1, 34 and 75
R. 3
am. 1989 No. 414
R. 4
am. 1989 No. 414; 1990 No. 1
R. 10
am. 1989 No. 414
R. 13
am. 1989 No. 414; 1990 No. 75
R. 14
am. 1989 No. 414; 1990 No. 1
R. 14A
ad. 1990 No. 1
am. 1990 Nos. 1 and 75
R. 16
am. 1990 Nos. 1 and 75
R. 17
am. 1989 No. 414; 1990 No. 75
R. 18
am. 1990 No. 1
Rr. 20, 21
am. 1989 No. 414
R. 22
am. 1990 No. 34
R. 22A
ad. 1990 No. 34
am. 1990 No. 75
R. 22B
ad. 1990 No. 75
R. 24
am. 1989 No. 414
R. 25
am. 1989 No. 414; 1990 No. 1
rep. 1990 No. 34
R. 26
am. 1990 No. 75
R. 28
am. 1989 No. 414
R. 29
am. 1990 No. 1
Rr. 30, 31
am. 1989 No. 414
R. 34A
am. 1990 No. 1
R. 35AA
ad. 1990 No. 1
am. 1990 No. 34
R. 35A
rep. 1990 No. 1
R. 35B
am. 1990 No. 75
R. 36
am. 1990 Nos. 34 and 75
R. 37
am. 1989 No. 414
R. 37A
am. 1989 No. 414
rs. 1990 No. 1
am. 1990 No. 1
Rr. 38, 39
am. 1989 No. 414
R. 40
am. 1989 No. 414; 1990 Nos. 1 and 34
R. 41
am. 1989 No. 414
R. 42
am. 1989 No. 414; 1990 Nos. 34 and 75
R. 45
am. 1990 No. 1
Rr. 47, 48
rs. 1990 No. 75
R. 53
am. 1989 No. 414; 1990 No. 1
R. 93
am. 1990 No. 1
R. 99
am. 1990 No. 34
R. 103
am. 1990 No. 1
R. 107A
ad. 1990 No. 75
R. 111
rs. 1990 No. 34
am. 1990 No. 75
R. 112
am. 1990 No.34
R. 115
am. 1989 No. 414; 1990 No. 75
R. 116
am. 1989 No. 414
Rr. 118, 119
am. 1989 No. 414
R. 119D
ad. 1990 No. 1
am. 1990 Nos. 34 and 75
R. 119E
ad. 1990 No. 1
am. 1990 No. 75
Rr. 119F, 119G
ad. 1990 No. 34
Rr. 120-122
am. 1990 Nos. 1 and 75
R. 123
am. 1990 Nos. 1, 34 and 75
R. 123A
ad. 1990 No. 34
am. 1990 No. 75
Rr. 124, 125
am. 1990 No. 75
R. 126
am. 1990 No. 1
rs. 1990 Nos. 34 and 75
R. 127
am. 1990 Nos. 1, 34 and 75
R. 128
am. 1989 No. 414; 1990 No. 1
R. 131
am. 1989 No. 414; 1990 No. 34
Rr. 135-138
am. 1989 No. 414
Rr. 139
am. 1989 No. 414; 1990 No. 1
R. 140
am. 1989 No. 414; 1990 Nos. 1, 34 and 75
Rr. 141, 142
am. 1989 No. 414; 1990 No. 1
R. 142A
ad. 1990 No. 34
rs. 1990 No. 69
R. 144
am. 1990 No. 34
Div. 8 of Part 3 (rr. 145-147)
rs. 1990 No. 1
R. 145
am. 1989 No. 414
rs. 1990 No. 1
am. 1990 Nos. 1 and 75
Rr. 146, 147
am. 1989 No. 414
rs. 1990 No. 1
am. 1990 No. 1
R. 148AA
am. 1989 No. 414
Rr. 148-151
ad. 1989 No. 414
Part 5 (rr. 152-162)
ad. 1989 No. 414
Rr. 152-162
ad. 1989 No. 414
Part 6 (rr. 163-166)
ad. 1989 No. 414
Rr. 163-166
ad. 1989 No. 414
Part 7 (rr. 167, 168)
ad. 1989 No. 414
Rr. 167, 168
ad. 1989 No. 414
R. 172
am. 1989 No. 414
R. 175
am. 1989 No. 414
R. 176
am. 1989 No. 414; 1990 No. 1
R. 177
am. 1989 No. 414
R. 178
am. 1989 No. 414
rs. 1990 No. 1
am. 1990 No. 1
R. 179
am. 1989 No. 414
rs. 1990 No. 1
am. 1990 Nos. 1 and 34
R.179
ad. 1989 No. 414
Renumbered 179A
rs. 1990 No. 1
am. 1990 No. 1
R. 180
am. 1989 No. 414
rs. 1990 No. 1
am. 1990 No. 1
R. 181
ad. 1989 No. 414
rep. 1990 No. 1
Rr. 181, 182
am. 1989 No. 414
R. 182A
ad. 1990 No. 1
R. 182B
ad. 1990 No. 34
am. 1990 No. 75
Div. 3 of Part 8 (rr. 183-195)
rs. 1989 No. 416
Rr. 183, 184
rs. 1989 No. 416
R. 185
rs. 1989 No. 416
am. 1990 No. 75
R. 186
rs. 1989 No. 416
am. 1990 Nos. 1 and 75
Rr. 187-189
rs. 1989 No. 416
R. 189A
ad. 1990 No. 75
Rr. 190-192
rs. 1989 No. 416
R. 193
rs. 1989 No. 416
rs. 1990 No. 1
R. 194
am. 1989 No. 414
rs. 1989 No. 416
R. 195
rs. 1989 No. 416
am. 1990 No. 34
R. 196
ad. 1990 No. 75
Schedule 1
am. 1989 No. 414; 1990 No. 1
Schedule 2
am. 1990 Nos. 1 and 75
Schedule 3
am. 1990 Nos. 1, 34 and 75
Schedule 4
rs. 1990 No. 1
Schedule 5
am. 1989 No. 414; 1990 Nos. 1 and 34
Schedule 6
am. 1989 No. 414; 1990 No. 34
Heading to Schedule 7
am. 1989 No. 414; 1990 No. 1
Schedule 7
am. 1989 No. 414
rs. 1990 No. 1
am. 1990 No. 1
Schedule 8
rs. 1989 No. 416
am. 1990 Nos. 1, 34 and 75
MIGRATION REGULATIONS - TABLE OF PROVISIONS TABLE
TABLE OF PROVISIONS
Regulation
PART 1-PRELIMINARY
1. Citation
2. Interpretation
3. Interpretation-balance of family test
4. Interpretation-good character
5. Interpretation-guardianship
6. Interpretation-labour market requirements
7. Interpretation-member of family unit
8. Interpretation-net employment benefit
9. Interpretation-remaining relative
PART 2-PROVISIONS IN RELATION TO VISAS AND ENTRY PERMITS
Division 1-Visas
10. Classes of visas
11. Application for visa outside Australia
12. Application for visa within Australia
13. Grant of visa
14. Prescribed notification-paragraph 24 (3) (a) of the Act
14A. Exempt visas
15. Recording and evidencing of visas
16. Effect and operation of visas
17. Conditions in connection with grant of visas
18. Mandatory conditions for grant of visas
19. Grant of return visa in emergency (Australian permanent resident)
20. Reconsideration of application that is put aside
Division 2-Entry permits
21. Classes of entry permits
22. Application for entry permit
22A. Certain applications made before 1 June 1990 to have effect as
applications for processing entry permits
22B. Certain applications by PRC citizens to be taken to be
applications for entry permits
23. Lodgment in Australia of application for entry permit
24. Grant of entry permit
26. Recording and evidencing of entry permits
27. Effect and operation of entry permits
28. Conditions in connection with grant of temporary entry permits
29. Mandatory conditions for grant of entry permits
Division 3-Statutory visitors
30. Statutory visitor visa
31. Classes of entry permits-statutory visitors
32. Grant and effect of entry permit-statutory visitor
33. Conditions in connection with grant of temporary entry
permit-statutory visitor
Division 4-General
34. Application for visa or entry permit in relation to person in custody
34A. Satisfaction of prescribed criteria
34B. Entry permit to be subject to conditions of visa or previous entry
permit
35. Notice of decision on application for visa or entry permit
35AA. Grant of entry permits-illegal entrants
35B. Extension of time to satisfy requirement or condition
36. Restriction on re-entry
37. 'Prescribed vessel' and 'prescribed crew member' definition of
'exempt non-citizen'
37A. Endorsement of visa or entry permit in relation to section 20
notice code or abbreviation
38. Prescribed circumstances-section 47 of the Act
39. Prescribed class of persons-definition of 'prescribed non-citizen' in
subsection 47 (7) of the Act
40. Prescribed change in circumstances-paragraphs 36 (1) (a) and
37 (2) (a) of the Act
PART 3-PRESCRIBED CRITERIA FOR CLASSES OF VISAS AND ENTRY PERMITS
Division 1-General
41. Prescribed criteria-classes of visas
42. Prescribed criteria-classes of entry permits
43. Additional criteria
Division 2-Additional criteria for visas
44. Spouse visa
45. Child visa
46. Adoption visa
47. Business (general) visa
48. Business (joint venture) visa
49. Distinguished talent (Australian support) visa
50. Distinguished talent (independent) visa
51. Employer nomination visa
52. Labour agreement visa
53. Family reunion (New Zealand citizen) visa
54. Former citizen visa
55. Former resident visa
56. Australian requirement visa
57. Diplomatic visa
58. Dependant (subsequent entry) visa
59. Domestic worker (diplomatic or consular) visa
60. Domestic worker (overseas executive) visa
61. Educational visa
62. Entertainment visa
63. Expatriate visa
64. Exchange visa
65. Executive (overseas) visa
66. Family relationship visa
67. Foreign government agency visa
69. Independent executive visa
70. Media and film staff visa
71. Medical practitioner visa
72. Prospective marriage visa
73. Public lecturer visa
74. Religious worker visa
75. Retirement visa
76. Special program visa
77. Specialist (overseas) visa
78. Sport visa
79. Supported dependant visa
80. Visiting academic visa
81. Working holiday visa
82. Private subsidised student visa
83. Student (AIDAB) visa
84. Student (Equity and Merit Scholarship Scheme) visa
85. Student (formal course) visa
86. Trainee (English language) visa
87. Trainee (non-formal course) visa
88. Business visitor visa
89. Close family visitor visa
90. Medical treatment visa
91. Tourist visa
92. Tourist (special arrangements) visa
93. Visitor (other) visa
94. Return visa, Class A
95. Return visa, Class B
96. Return visa, Class C
97. Return visa, Class D
98. Return visa, Class E
Division 3-Additional criteria in relation to visas
subject to special provision
99. Division to cease to have effect
100. Interpretation
101. Refugee visa
102. In-country special humanitarian program visa
103. Global special humanitarian program visa
104. Emergency rescue visa
105. Woman at risk visa
106. Camp clearance visa
107. Lebanese concession visa
107A. Soviet concession visa
Division 4-Prescribed criteria in relation to visas and
entry permits: special cases
108. Grant of visa or entry permit to accompanying dependant or
dependant in Australia
109. Entry permit for statutory visitor
110. Transit visa
111. Border visa
112. Border entry permit
112A. Restricted passport visa
113. Emergency (temporary entry) visa
114. Emergency (permanent entry) visa
115. Grant of visa to enable re-entry to Australia
116. Refugee A (restricted) visa or entry permit
117. Refugee B (restricted) visa or entry permit
118. Refugee C (restricted) entry permit
119. Refugee D (restricted) entry permit
119A. Grant of return visa, Class B in certain cases
119B. Processing visa
119C. Return entry permit, Class E-return endorsement
119D. Extended eligibility (PRC) entry permit
119E. PRC citizen entry permit
119F. Lebanese (temporary) entry permit
119G. Sri Lankan (temporary) entry permit
Division 5-Prescribed criteria in relation to temporary
entry permits granted only in Australia
120. Grant of temporary entry permit (other than working holiday entry
permit) to holder of visitor visa, visitor entry permit or prescribed
temporary entry permit
121. Grant of temporary entry permit to holder of working holiday visa or
entry permit or of prescribed temporary entry permit
122. Grant of temporary entry permit to holder of certain student visa or
entry permit or of prescibed temporary entry permit
123. Grant of visitor or student entry permit to holder of certain student
visa or entry permit or of prescribed temporary entry permit
123A. Holder of trainee (non-formal course), or trainee (English language),
entry permit or prescribed temporary entry permit-temporary
provisions
124. Grant of student entry permit to holder of, or person included in,
diplomatic visa or holder of prescibed temporary entry permit
125. Prescribed criteria for grant of temporary entry permit to lawful
temporary resident or holder of prescibed temporary entry permit
126. Extended eligibility (spouse) entry permit
127. Extended eligibility (family) entry permit
128. Extended eligibility (economic) entry permit
129. Extended eligibility (other) entry permit
130. Extended eligibility (limited) entry permit
131. Processing entry permit
Division 6-Prescribed criteria in relation to certain classes of
permanent entry permits granted only after entry to Australia
133. Application of Division
134. Territorial asylum entry permit
135. Spouse (after entry) entry permit
136. Child (after entry) entry permit
137. Aged parent (after entry) entry permit
138. Refugee (after entry) entry permit
139. Skilled occupation entry permit
140. Compassionate grounds entry permit
141. Humanitarian grounds entry permit
142. Confirmatory entry permit
142A. PRC citizen (permanent) entry permit
Division 7-Waiver of prescribed criteria
143. Waiver of good character requirement
144. Waiver of health criteria
Division 8-Prescribed qualifications: application of point system
145. Prescribed qualifications and prescribed number of points
146. Qualification-suitability for employment
147. Qualification-relationship
PART 4-COLLECTION OF INFORMATION WITH RESPECT TO PERSONS ON VESSELS
148AA. Provision of information-general requirement
148A. Use of information
148. Provision by master of information regarding passengers
149. Provision by master of information regarding crew
150. Production of deportee
151. Offences by master of vessel
PART 5-PROCEDURE OF COMMISSIONERS AND PRESCRIBED AUTHORITIES
152. Power of Commissioner to send for witnesses and documents
153. Duty of witness to continue in attendance
154. Arrest of witness failing to appear
155. Witnesses' fees
156. Power to examine on oath or affirmation
157. Offences by witnesses
158. Statements of witness not admissible in evidence against the witness
159. Representation by counsel etc.
160. Offences in relation to Commissioners
161. Protection of Commissioners, barristers and witnesses
162. Procedure of prescribed authorities
PART 6-ASSURANCES OF SUPPORT
163. Interpretation
164. Form and duration of assurance of support
165. Effect of assurance of support
166. Existing maintenance guarantees
PART 7-MIGRANT CENTRES
167. Control of migrant centres
168. Canteen services in migrant centres
PART 8-MISCELLANEOUS
Division 1-Lodgment and service of documents
169. Service of documents generally
170. Service outside Australia
171. Service on owner, agent or charterer of vessel, or on master
172. Service of notice on bank or other financial institution-subsection
68 (2) of the Act
173. Time when service takes effect
Division 2-General
174. Summons to attend as witness
175. Section 20 notice
176. Prescribed diseases-subparagraph 20 (1) (d) (i) of the Act
177. Prescribed circumstances-subparagraph 20 (1) (d) (vi) of the Act
178. Prescribed procedures-subsection 59 (2) of the Act
179. Prescribed matters-subsections 60 (1) and 82 (1) of the Act
179A. Infringement notice and prescribed penalty
180. Prescribed matters-subsection 63 (1) of the Act
181. Search warrants under subsections 68 (14) and 90 (4) of the Act
182. Document for the purposes of subsection 114 (2) of the Act
182A. Offences
182B. Delegation
Division 3-Fees
183. Fees in respect of grant of visas and entry permits
184. Fee on application for permanent entry permit by holder of
return visa
185. Fee on application for temporary entry permit granted only in
Australia
186. Fee on application for certain permits
187. Fee on application for skilled occupation entry permit
188. Fee on application for confirmatory entry permit
189. Fee on application for extended eligibility (economic) entry
permit
189A. Fee on application for extended eligibility (family) entry permit
190. Fee on application for return visa, Class B
191. Fee on application for visa to enable re-entry to Australia
192. Sponsorship fee
193. Fee for language test
194. Refund of fees
195. Fees-transitional
196. Fee on application for entry permit to be granted under
regulation 35B
SCHEDULE 1
Criteria and Representative Symbols
SCHEDULE 2
Classes of Visas, Prescribed Criteria and Code Numbers
SCHEDULE 3
Classes of Entry Permits and Code Numbers
SCHEDULE 4
Prescribed Qualifications and Prescribed Number of Points
SCHEDULE 5
Mandatory Conditions for Grant of Visas and Entry Permits
SCHEDULE 6
Forms
SCHEDULE 7
Endorsements of Visas and Entry Permits for Purposes of
Subsections 11A (3A) and (4) of the Act Codes or Abbreviations
SCHEDULE 8
Fees
MIGRATION REGULATIONS - PART 1
PART 1-PRELIMINARY
MIGRATION REGULATIONS - REG 1
Citation
1. These Regulations may be cited as the Migration Regulations.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
MIGRATION REGULATIONS - REG 2
Interpretation
2.*2* (1) In these Regulations, unless the contrary intention appears:
'adopted', in relation to a person, means adopted:
(a) before the person adopted turned 18; and
(b) under formal arrangements by which another person assumed the custody or
guardianship of the person;
under the law of any place (whether in Australia or overseas) relating to the adoption of children;
'aged dependent relative', in relation to a person who is:
(a) an applicant for a visa or an entry permit; or
(b) an Australian citizen resident in Australia; or
(c) an Australian permanent resident;
means a relative who:
(d) has never married, or is widowed, divorced or formally separated; and
(e) has been dependent on that person for a reasonable period, and remains
so dependent; and
(f) is old enough to be granted an age pension under the Social Security Act
1947;
'AIDAB' means the Australian International Development Assistance Bureau within the Department of Foreign Affairs and Trade;
'assisted student' means:
(a) a private student who has been granted entry to Australia for study or
training in Australia under the Private Overseas Student Scheme administered by the Department of Employment, Education and Training; or
(b) a student granted entry to Australia for study or training in Australia
under the Equity and Merit Scholarship Scheme administered by AIDAB; or
(c) a student granted entry to Australia for study or training in Australia
under the sponsorship of AIDAB;
'assurance of support', in relation to an application for the grant of a visa or an entry permit, means an assurance of support under Part IV of the Migration Regulations;
'Australian permanent resident' means a non-citizen other than an illegal entrant who, being usually resident in Australia, is:
(a) the holder of:
(i) a valid permanent entry permit; or
(ii) a return visa that is in force; or
(b) a person who:
(i) is likely to remain permanently in Australia; and
(ii) is a person, or is included in a class of persons, referred to in
paragraph (e) of the definition of 'exempt non-citizen' in subsection 4 (1) of the Act; or
(c) a person, other than a person to whom subparagraph (b) (ii) applies,
whose continued presence in Australia is not subject to a limitation as to time imposed by law;
'child for adoption' means a person resident in an overseas country who has not turned 18 in the case where:
(a) an unmarried person who is an Australian citizen or an Australian
permanent resident, or spouses at least one of whom is an Australian citizen or an Australian permanent resident, have undertaken in writing to adopt the child; and
(b) the child welfare authorities of the relevant State or Territory in
Australia have approved that person or those spouses as suitable adoptive parents for that child; and
(c) the relevant authorities of the overseas country have approved the
departure of the child for adoption in Australia or in the custody of the adoptive parents;
'close relative', in relation to a person, means:
(a) the spouse of the person; or
(b) a child, adopted child, parent, brother or sister of the person or a
step-relative within the same degree of relationship;
'CTC' means a Central Committee within the meaning of Part II, III, IV, V or VIA of the Tradesmen's Rights Regulation Act 1946;
'Commissioner' means a Commissioner appointed under section 57 of the Act;
'custody', in relation to a child, means:
(a) the right to have the daily care and control of the child; and
(b) the right and responsibility to make decisions concerning the daily care
and control of the child;
'de facto spouse' means a person who is living with another person of the opposite sex as the spouse of the other person on a genuine domestic basis although not legally married to the other person;
'dependent', in relation to a person, means wholly or substantially dependent on another person for financial, psychological or physical support;
'dependent child', means the natural or adopted child of a person (other than a child who is a spouse or engaged to be married), being a child:
(a) who:
(i) has not turned 18; or
(ii) has turned 18 and is dependent on that person;
and is wholly or substantially in the daily care and control of that person; or
(b) who is wholly or substantially incapacitated for work because of a
physical or mental impairment;
'entry visa' has the same meaning as in subsection 17 (5) of the Act;
'equivalent', in relation to a class of entry permits, means specified in Schedule 3 by the same words as those specifying a class of visas in Schedule 2;
'extended eligibility entry permit' means any of the following entry permits:
(a) extended eligibility (spouse) entry permit;
(b) extended eligibility (family) entry permit;
(c) extended eligibility (economic) entry permit;
(d) extended eligibility (other) entry permit;
(e) extended eligibility (limited) entry permit;
(f) extended eligibility (PRC) entry permit;
'formal course' means:
(a) a course of study at a primary or secondary school approved, or within a
class of schools approved, by the Minister in writing for the purposes of this provision; or
(b) a course of study at a technical and further education institution, or
at a higher education institution, leading to a formal award such as a degree or diploma; or
(c) any course of study approved in writing by the Minister of State for
Employment, Education and Training as a formal course;
'health criteria', in relation to an applicant for a visa or an entry permit, means the criteria specified in items 9 and 10 in Schedule 1, whichever item applies;
'humanitarian visa' means any of the following visas:
(a) refugee visa;
(b) in-country special humanitarian program visa;
(c) global special humanitarian program visa;
(d) emergency rescue visa;
(e) women at risk visa;
(f) camp clearance visa;
(g) Lebanese concession visa;
and 'humanitarian entry permit' means an entry permit of any equivalent class;
'internal review' means review by a review officer of a decision of the Minister as referred to in section 115 of the Act;
'labour agreement' means a formal agreement entered into between the Minister or the Minister of State for Employment, Education and Training and a person or organisation in Australia under which an employer is authorised to recruit persons (other than any holder of a permanent entry permit) to be employed by that employer in Australia;
'nomination' means a nomination in accordance with the relevant approved form;
'non-formal course' means a course of study or training other than a formal course;
'NOOSR' means the National Office of Overseas Skills Recognition within the Department of Employment, Education and Training;
'orphan' means a child where:
(a) both parents are dead or their whereabouts are unknown; or
(b) one parent is dead and the whereabouts of the other parent are unknown;
or
(c) one parent is dead and the other is permanently incapacitated and
therefore incapable of caring for the child; or
(d) both parents are alive but incapable of caring for the child;
and it is in the best interests of the child to settle with relatives or a guardian in Australia;
'orphan relative', in relation to an Australian citizen or an Australian permanent resident usually resident in Australia, means an unmarried orphan who has not turned 18 and who is a relative of that citizen or resident;
'overseas passenger' means:
(a) in relation to a vessel arriving at a port in Australia in the course
of, or at the conclusion of, an overseas voyage or an overseas flight-a passenger on board the vessel:
(i) who was on board the vessel when it left a place outside Australia
at the commencement of, or during the course of, the voyage or flight; and
(ii) whose journey in the vessel ends in Australia; or
(b) in relation to a vessel leaving a port in Australia and bound for or
calling at a place outside Australia-a passenger on board the vessel:
(i) who joined the vessel at a port in Australia; and
(ii) who intends to journey in the vessel to or beyond that place
outside Australia;
'overseas voyage' or 'overseas flight', in relation to a vessel, means a voyage or flight that commenced at, or during which the vessel called at, a place outside Australia;
'parent' includes an adoptive parent and a step-parent;
'passenger card' means a card approved by the Minister for the purpose of facilitating the provision by a person of information relating to the person or to another person, being information required for purposes relating to entry to or departure from Australia;
'permanent entry visa' means an entry visa that has effect, on and after the holder's entry to Australia, as if it were a permanent entry permit;
'points system' means:
(a) in relation to an application for a visa-the system of assessment under
Subdivision B of Division 2 of Part 2 of the Act; and
(b) in relation to an application for an entry permit-the system of
assessment under section 41 of the Act;
'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 by subsection 6 (4) of the Migration Legislation Amendment Act 1989;
'priority list of occupations' means a list of occupations declared by the Minister, by notice published in the Gazette, to be a priority list of occupations;
'public interest criteria', in relation to a person who seeks to enter, or to remain in, Australia under a visa or an entry permit, means the following criteria, namely, the person:
(a) is of good character;
(b) does not have outstanding debts to the Commonwealth unless the Minister
is satisfied that appropriate arrangements have been made for payment;
(c) is not determined by the Minister acting personally to be likely to
become involved in activities disruptive to, or violence threatening harm to, the Australian community or a group within the Australian community;
(d) is not excluded from Australia, at the time of the application, by the
operation of regulation 36;
(e) in the case of a person seeking to enter Australia for a period of not
less than 12 months (other than a person seeking to do so under a spouse visa or as the dependent child of an Australian citizen)-is likely to become established in Australia without undue personal difficulty and without imposing undue difficulties or costs on the Australian community;
(f) in the case of a person applying for, or seeking to be included in, a
permanent entry permit:
(i) intends to live permanently in Australia; and
(ii) if the person seeks entry to Australia as a member of a family
unit-satisfies the Minister he or she could obtain support in Australia from other members of the family unit;
'relative', in relation to a person, means:
(a) in the case of an applicant for a visa or an entry permit as a refugee:
(i) a close relative; or
(ii) a grandparent, grandchild, aunt, uncle, niece or nephew, or a
step-relative within the same degree of relationship; or
(iii) a first or second cousin; or
(b) in any other case-a person within a degree of relationship referred to
in paragraph (a), other than a first or second cousin;
'restricted refugee visa' means a visa of any of the following classes:
(a) refugee A (restricted) visa;
(b) refugee B (restricted) visa;
(c) refugee C (restricted) visa;
(d) refugee D (restricted) visa;
and 'restricted refugee entry permit' means an entry permit of any equivalent class;
'return endorsement' means a return endorsement under the Act as in force immediately before 18 December 1987;
'return visa' means a visa granted to permit the holder to travel to Australia on any specified number of occasions, or during any specified period, after his or her departure from Australia;
'settled', in relation to an Australian citizen or an Australian permanent resident, means lawfully resident in Australia for a reasonable period;
'special need relative', in relation to an Australian citizen or an Australian permanent resident usually resident in Australia, means a relative who is willing and able to give substantial continuing assistance to the citizen or resident where:
(a) the citizen or resident has a permanent or long-term need for assistance
because of death, disability, prolonged illness or other serious circumstances affecting the citizen or resident personally, or a member of his or her family unit;
(b) the assistance cannot reasonably be obtained from:
(i) any other relative of the citizen or resident, being a relative
who is an Australian citizen or an Australian permanent resident; or
(ii) welfare, hospital, nursing or community services in Australia;
'sponsor' means:
(a) a natural person, being a person who has turned 18 and is an Australian
citizen or an Australian permanent resident; or
(b) an organisation in Australia;
who or which has been approved by the Minister for the purpose of undertaking a sponsorship and has done so;
'sponsorship', in relation to an applicant for a visa or an entry permit, means an agreement entered into by a sponsor:
(a) not later than a reasonable period after the approval of the sponsor by
the Minister; and
(b) in accordance with the relevant approved form;
by which the sponsor:
(c) if the application is for a visa intended to have effect as, or to lead
to the grant of, a permanent entry permit, or for a permanent entry permit-undertakes to assist the applicant, to the extent necessary, financially and in respect of accommodation, during the period of 12 months immediately following the applicant's entry into Australia under that permit; or
(d) if the application is for a temporary entry visa or a temporary entry
permit-accepts responsibility for:
(i) all financial obligations incurred by the applicant arising out of
his or her stay in Australia; and
(ii) compliance by the applicant with all relevant legislation and
awards in relation to any employment entered into by the applicant in Australia; and
(iii) unless the Minister otherwise decides, compliance by the
applicant with the conditions under which he or she was allowed to enter Australia;
'spouse' means:
(a) a person who has entered into a marriage recognised as valid for the
purposes of the Act, where:
(i) the marriage has not been ended by divorce or the death of one of
the parties; and
(ii) the parties are not living separately and apart on a permanent
basis; or
(b) a de facto spouse;
'student visa' means a visa of the class specified in any of items 39 to 44 inclusive in Schedule 2 and 'student entry permit' means an entry permit of any equivalent class;
'temporary entry visa' means an entry visa that has effect, on and after the holder's entry to Australia, as if it were a temporary entry permit;
'temporary resident entry permit' means an entry permit of the class specified in any of items 13 or 15 to 28 inclusive or 30 to 38 inclusive in Part 1 in Schedule 3 or in item 15 in Part 3 in that Schedule;
'temporary resident visa' means any of the following visas:
(a) a visa of the class specified in any of items 13 or 15 to 28 inclusive
or items 30 to 38 inclusive in Part 1 in Schedule 2;
(b) a restricted passport visa;
'the Act' means the Migration Act 1958;
'trainee' means a person:
(a) in respect of whom the Minister of State for Employment, Education and
Training has approved participation in occupational training in Australia; and
(b) who has been granted a visa or an entry permit to enable such
participation;
'visitor visa' means a visa of the class specified in any of items 45 to 50 inclusive in Part 1 in Schedule 2;
'working age parent' means a parent other than an aged parent.
(2) In these Regulations, a reference to a permanent entry permit granted after entry to Australia is a reference to an entry permit of the class specified in any of items 1 to 9 (inclusive) in Part 2 in Schedule 3.
(3) In these Regulations, a reference to a temporary entry permit granted after entry to Australia is a reference to a temporary entry permit of the class referred to in any of regulations 126 to 132 inclusive.
(4) In these Regulations, a reference to a prescribed disease or a prescribed physical or mental condition is a reference to such a disease or physical or mental condition prescribed under regulation 176.
(5) In these Regulations, a reference to a form by number is a reference to the form in Schedule 6 which bears that number. *2*R. 2 (1)-Paragraph 3 (c) of the Statutory Rules 1990 No. 75 provides as follows:
"(c) by inserting in paragraph (3) of the definition of 'public interest
criteria'in subregulation (1) 'or of an Australian permanent resident' after 'citizen'."
The proposed amendment was misdescribed and is not incorporated in this reprint.
MIGRATION REGULATIONS - REG 3
Interpretation-balance of family test
3. For the purposes of these Regulations:
(a) an aged parent is to be taken to satisfy the balance of family test
where, in the circumstances prescribed under subsection 47 (3) of the Act, the balance of the aged parent's family is to be taken to be in Australia for the purposes of section 47 of the Act; and
(b) a working age parent is to be taken to satisfy that test where, if the
parent was an aged parent, the balance of his or her family would, in those prescribed circumstances, be taken to be in Australia for the purposes of that section.
MIGRATION REGULATIONS - REG 4
Interpretation-good character
4.(1) For the purposes of these Regulations, a person is to be taken not to be of good character if:
(a) in the case of an applicant for a visa or an entry permit of any class:
(i) the applicant has been assessed by the competent Australian
authorities to be a risk to Australian national security; or
(ii) the applicant:
(A) has at any time been convicted of a crime and sentenced to
death, to imprisonment for life or to imprisonment for a period of not less than one year; or
(B) has at any time been convicted of 2 or more crimes and
sentenced to imprisonment for a period totalling not less than one year; or
(C) has at any time been charged with a crime and either found
guilty of having committed the crime while of unsound mind or acquitted on the ground that the crime was committed while the person was of unsound mind; or
(D) has been deported from another country; or
(E) has been excluded from another country in the circumstances
prescribed for the purposes of subparagraph 20 (1) (d) (vi) of the Act; or
(iii) the applicant has, in the reasonable belief of the Minister,
been involved in activities indicating contempt, or disregard, for the law or for human rights; and
(b) in the case of an applicant for an entry visa having effect as a
permanent entry permit, or for a permanent entry permit-the applicant has at any time been convicted of an offence (other than an offence referred to in paragraph (a)) in circumstances indicating, in the reasonable belief of the Minister, habitual contempt, or disregard, for the law or for human rights.
MIGRATION REGULATIONS - REG 5
Interpretation-guardianship
5. For the purposes of these Regulations, a person who is the guardian of a child has responsibility for the long-term welfare of the child and has, in relation to the child, all the powers, rights and duties that are vested by law or custom in the guardian of a child, other than:
(a) the right to have the daily care and control of the child; and
(b) the right and responsibility to make decisions concerning the daily care
and control of the child.
MIGRATION REGULATIONS - REG 6
Interpretation-labour market requirements
6. An application for a visa or an entry permit meets labour market requirements if the Minister is satisfied that:
(a) the application is in accordance with a labour agreement; or
(b) in respect of the employment to which the application relates:
(i) no Australian permanent resident is readily available who has
suitable qualifications and experience; and
(ii) if appropriate-relevant employer and employee organisations have
been consulted.
MIGRATION REGULATIONS - REG 7
Interpretation-member of family unit
7.(1) In these Regulations, a reference to a member of a family unit, in relation to an applicant for a visa or an entry permit (other than a student visa or a student entry permit) means:
(a) a spouse of the applicant, where the relationship is a genuine and
continuing relationship and the parties are not legally separated; and
(b) any dependent children of the applicant or of a spouse of the applicant;
and
(c) any dependent children of such a dependent child; and
(d) any relative of the applicant or of a spouse of the applicant who:
(i) does not have a surviving spouse or any other relative (other than
the applicant) able to care for that relative in the relevant country; and
(ii) is usually resident in the applicant's household; and
(iii) is dependent on the applicant; and
(e) any other relative of the applicant or of a spouse of the applicant who:
(i) has never married or is widowed, divorced or separated; and
(ii) is usually resident in the applicant's household; and
(iii) is dependent on the applicant.
(2) In these Regulations, a reference to a member of a family unit, in relation to an applicant for a student visa or a student entry permit, means:
(a) a spouse of the applicant; or
(b) any dependent children of the applicant or of that spouse who are
unmarried and have not turned 18; or
(c) any person who has entered into an agreement to marry the applicant if
the applicant and that person intend that the marriage shall take place not later than 3 months after the entry of the person to Australia.
MIGRATION REGULATIONS - REG 8
Interpretation-net employment benefit
8. Where:
(a) an applicant for a visa or an entry permit seeks to enter Australia to
undertake an activity individually or in association with a group; and
(b) the Minister is satisfied that the undertaking of the activity would
lead to greater employment of Australian citizens or Australian permanent residents (or both) than if a person normally resident in Australia undertook the activity;
the entry of the applicant to Australia is to be taken to confer a net employment benefit on Australia.
MIGRATION REGULATIONS - REG 9
Interpretation-remaining relative
9.(1) In these Regulations, a reference to a remaining relative is a reference, in relation to a person who is an Australian citizen or an Australian permanent resident usually resident in Australia, to a relative of the person, being a brother, sister or non-dependent child:
(a) if unmarried-who has no parent, brother, sister or non-dependent child
resident outside Australia; or
(b) if married:
(i) who has no relative, being a parent, brother, sister or
non-dependent child, resident outside Australia; and
(ii) whose spouse (if included in the application) has no such
relative resident outside Australia.
(2) In relation to an Australian citizen or Australian permanent resident referred to in subregulation (1), a person who is a brother, sister or non-dependent child is to be regarded as a remaining relative if:
(a) the total number of relatives of the person (including relatives of any
spouse) who are not:
(i) Australian citizens or Australian permanent residents; or
(ii) residents of the country in which the person usually resides;
does not exceed 3; and
(b) the person (and any spouse) have had no contact with any such relatives
during a reasonable period preceding the day of the relevant application under the Act.
(3) In this regulation, a reference to a brother, sister or non-dependent child includes a reference to a step-relative within the same degree of relationship.
MIGRATION REGULATIONS - PART 2
PART 2-PROVISIONS IN RELATION TO VISAS AND ENTRY PERMITS
MIGRATION REGULATIONS - DIVISION 1
Division 1-Visas
MIGRATION REGULATIONS - REG 10
Classes of visas
10. For the purposes of subsection 23 (2) of the Act, the classes of visas are:
(a) the classes of visas specified in Column 2 in Schedule 2; and
(b) a class of visas specified in Division 3 of this Part or in Division 4
of Part 3.
MIGRATION REGULATIONS - REG 11
Application for visa outside Australia
11.(1) Subject to this regulation, an application for a visa may be lodged outside Australia at any diplomatic, consular or migration office maintained by or on behalf of the Commonwealth outside Australia:
(a) by posting the application to that office; or
(b) by leaving it at that office in a box designated for the lodgment of
such applications; or
(c) by leaving it at that office with a person employed at that office and
authorised to receive such documents.
(2) An application for a visa that is intended to have effect as a temporary entry permit, or in relation to which it is intended that a temporary entry permit will be granted, may not be lodged at any place in the Republic of South Africa unless:
(a) the applicant is the holder of a diplomatic or official passport and is
an applicant for a diplomatic visa; or
(b) the applicant's proposed visit to Australia has been initiated or
sponsored by the Commonwealth; or
(c) the applicant's proposed visit to Australia is considered by the
Minister to be in the national interest of Australia; or
(d) the applicant is applying for a student (AIDAB) visa or a student
(Equity and Merit Scheme) visa; or
(e) the applicant:
(i) being a citizen or permanent resident of Botswana, Swaziland,
Lesotho, Angola, Mozambique, Zambia or Malawi; or
(ii) not being a citizen or permanent resident of the Republic of
South Africa;
lodges the application by post; or
(f) the Minister is satisfied that there are exceptional compassionate or
humanitarian grounds for granting the visa in the Republic of South Africa.
(3) In relation to the lodgment outside Australia of an application for a visa, the following provision applies, namely, an application for a visitor visa or a temporary resident visa by a person in the Republic of South Africa, if lodged by post, is not to be taken to be duly lodged unless posted to the Australian High Commission, London.
MIGRATION REGULATIONS - REG 12
Application for visa within Australia
12. Subject to regulation 34, an application for a visa may be lodged in Australia at any office of the Department in the State or Territory where the applicant resides:
(a) by posting the application to that office; or
(b) by leaving it at that office in a box designated for the lodgment of
such applications; or
(c) by leaving it at that office with a person employed at that office and
authorised to receive such documents.
MIGRATION REGULATIONS - REG 13
Grant of visa
13.(1) A visa granted by the Minister under section 24 of the Act:
(a) is to be in a form approved by the Minister; and
(b) is to be expressed to permit the holder to travel to Australia:
(i) on a single occasion; or
(ii) on not more than a specified number of occasions; or
(iii) on any number of occasions; and
(c) is to be expressed to continue in force until the expiry of the day on
which, or period at the end of which, the visa is expressed to expire; and
(d) may set out as provided under this Division, either in the visa or in a
document to be given to the applicant on the grant of the visa, any condition subject to which the visa is granted.
(2) A visa specified:
(a) in any of items 13 to 50 inclusive in Part 1 in Schedule 2-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) in any of the following items:
(i) items 1 to 12 inclusive in Part 1 in Schedule 2; or
(ii) items 51 to 55 inclusive in that Part; or
(iii) items 1 to 8 inclusive in Part 2 in that Schedule; or
(iv) items 1 to 4 inclusive in Part 3 in that Schedule;
that is granted as an entry visa is not to be granted except as an entry visa having effect as a permanent entry permit.
(3) For the purposes of paragraph (1) (a), where the Minister grants a visa of a class specified in these Regulations, the relevant class of visas may be identified by the code number specified in a column in Schedule 2.
MIGRATION REGULATIONS - REG 14
Prescribed notification-paragraph 24 (3) (a) of the Act
14.(1) Where:
(a) the Minister has given to an applicant for a visa written notice that
the Minister proposes to grant the visa; and
(b) there has been a material change in the circumstances of the applicant
of a kind referred to in subparagraph 24 (3) (a) (ii) of the Act since the application was made;
the applicant must, unless he or she has already notified the Minister in writing of the material change, notify the Minister in writing of that material change not later than 30 days after receiving the notice.
(2) Subregulation (1) does not apply in relation to an exempt visa within the meaning of section 24 of the Act.
MIGRATION REGULATIONS - REG 14A
Exempt visas
14A. For the purposes of subsection 24 (10) of the Act, the following classes of visas are prescribed, namely, all classes of visas other than:
(a) concessional family visas; and
(b) independent entrant visas.
MIGRATION REGULATIONS - REG 15
Recording and evidencing of visas
15.(1) Where the Minister grants a visa to a person, the issue of the visa is to be recorded as follows:
(a) if the visa is issued manually:
(i) by entering in the visa register kept at the office maintained by
or on behalf of the Department at which the visa is issued, the full name of the person to whom the visa is granted and the day on which it is issued; and
(ii) by fixing the visa in the passport or other travel document of
the person to whom the visa is granted; or
(b) if the visa is issued by a computerised system:
(i) by entering in the computerised record at that office the full
name of the person to whom the visa is granted and the day on which it is issued; and
(ii) by fixing the visa in the passport or other travel document of
the person to whom the visa is granted.
(2) An entry made as referred to in subregulation (1) in relation to the issue of a visa is evidence that the visa was issued to the person and on the date specified in the entry.
MIGRATION REGULATIONS - REG 16
Effect and operation of visas
16.(1) A visa granted by the Minister comes into force:
(a) if a day of effect is specified in the visa-on that day; or
(b) if no day of effect is specified-on the day on which the visa is
granted.
(2) A valid visa ceases to be in force:
(a) if the period in respect of which the visa was granted expires; or
(b) if the visa was granted subject to the condition that the visa would
lapse if a requirement was not met on or before a specified day and the requirement is not so met-on the expiry of that specified day; or
(c) if the Minister determines that the holder has failed to comply with a
terminating condition subject to which the visa was granted-on the day on which the holder is notified of the determination; or
(d) if the visa is cancelled-on the day of the cancellation.
(3) The holder of a return visa, Class A, is entitled, under the visa, to travel to Australia on any number of occasions until the end of the period of 3 years immediately following the holder's first entry to Australia under an entry visa having effect as a permanent entry permit, or following the grant in Australia of a permanent entry permit.
(4) The holder of a return visa, Class B, is entitled, under the visa, to travel to Australia on any number of occasions until:
(a) the end of:
(i) the period of 5 years immediately following the grant of the visa;
or
(ii) such lesser period as the Minister may decide; or
(b) the expiry of the passport to which the visa relates;
whichever first occurs.
(5) The holder of a return visa, Class C, is entitled, under the visa, to travel to Australia on any number of occasions until:
(a) the end of the period of 12 months immediately following the grant of
the visa; or
(b) the expiry of the passport to which the visa relates;
whichever first occurs.
(6) The holder of a return visa, Class D, is entitled, under the visa, to travel to Australia once only within the period of 3 months immediately following the grant of the visa.
(7) The holder of a return visa, Class E, is entitled, under the visa, to travel to Australia once before the expiry of the passport to which the visa relates.
(8) In subregulation (2), 'terminating condition' means any of the following conditions:
(b) that the holder is not to perform any work without the permission in
writing of the Secretary;
(c) that the holder is not to perform any work for payment;
(d) that the holder is not to undertake formal studies;
(e) that the holder satisfies course requirements, and maintains a valid
enrolment, at the institution where he or she is following a course of study;
(f) that the holder is to leave Australia by a specified carrier on, or not
later than, a specified date.
MIGRATION REGULATIONS - REG 17
Conditions in connection with grant of visas
17.(1) The conditions that may be imposed in connection with the grant of a visa of any class are, in addition to the conditions specified in subsection 23 (4) of the Act, the following conditions:
(a) the condition that the holder of the visa is not to marry before
entering Australia;
(b) the condition that the holder of the visa is not to arrive in Australia,
or to enter Australia, before the arrival in Australia, or entry to Australia, of a person specified in the visa;
(c) the condition that the holder is to leave Australia by specified
transportation on a specified day or within a specified period;
(d) the condition that an entry visa that has effect as an entry permit
under section 18 of the Act is not to be taken to be a valid temporary entry permit for the purposes of section 47 of the Act;
(da) the condition that a temporary entry permit granted to the holder of
the visa is not to be taken to be a valid temporary entry permit for the purposes of section 47 of the Act;
(e) the condition that the holder is not to change details of times and
places of engagements to be undertaken in Australia, as submitted in relation to the application for the visa, without the prior permission in writing of the Secretary;
(f) the condition that the holder is not to undertake any course of formal
study or training while in Australia;
(g) in the case of a domestic worker (diplomatic or consular) visa or a
domestic worker (overseas executive) visa:
(i) the condition that the holder is not to undertake employment
except in the household of the employer who is his or her sponsor in relation to the visa; and
(ii) the condition that the holder is not to remain in Australia after
the permanent departure of that employer;
(h) in the case of a student visa-the condition that the holder satisfies
course requirements, and maintains a valid enrolment, at the institution where he or she is following a course of study;
(i) in the case of a return visa granted in emergency in accordance with
regulation 19-the condition that the visa ceases to have effect on a specified day if the claim to be an Australian permanent resident is not substantiated;
(j) the condition that the holder is not to be granted an entry permit other
than a refugee (after entry) entry permit that has effect as a permanent entry permit;
(k) the condition that the holder is not to be granted an entry permit other
than a refugee A (restricted) entry permit or a refugee B (restricted) entry permit;
(l) the condition that the holder must notify the Secretary, not earlier
than 7 days before, and not later than the day of, the expiry of the visa, of the holder's place of residence in Australia by posting the notification to the Head Office of the Department of Immigration, Local Government and Ethnic Affairs in the Australian Capital Territory;
(m) the condition that the holder is not to become involved in activities
disruptive to, or violence threatening harm to, the Australian community or a group within the Australian community;
(n) the condition that the holder is to be assessed, after arrival in
Australia, within a period specified by the Minister when granting the visa, in respect of public interest criteria and prescribed health criteria.
(2) Where the holder of a visa refuses or fails to comply with a condition subject to which the visa was granted, the breach of the condition is a ground for the cancellation of the visa.
(3) Where, in accordance with this Division, a condition to which a visa is subject is to be set out in the visa, the condition may be so set out in a manner, or in accordance with a notation, approved by the Minister in writing for that class of visas.
MIGRATION REGULATIONS - REG 18
Mandatory conditions for grant of visas
18.(1) A visa of a class referred to in Column 2 of an item in Schedule 5 must not be granted unless granted subject to the condition referred to in Column 3 of that item.
(2) In Schedule 5, a class of visas is referred to by the item number specified in relation to that class of visas in Column 1 in Part 1 in Schedule 2.
MIGRATION REGULATIONS - REG 19
Grant of return visa in emergency (Australian permanent resident)
19.(1) Where:
(a) an applicant for a return visa claims to have been an Australian
permanent resident immediately before going overseas; and
(b) the applicant is unable to provide satisfactory evidence to substantiate
that claim; and
(c) the Minister, on consideration of a written statement by the applicant,
is satisfied:
(i) that the applicant has urgent and compelling reasons for
travelling to Australia before the claim can be substantiated; and
(ii) that the entry to Australia, before the claim can be
substantiated, of the person who has applied for the visa would not be prejudicial to the interests of Australia; and
(d) there are reasonable grounds for believing that the claim can be
substantiated; and
(e) there is no evidence that the applicant is not entitled to be granted a
visa or an entry permit on any ground referred to in regulation 36;
the Minister may grant the return visa.
(2) A return visa granted in accordance with subregulation (1) is to be granted subject to the condition that the visa (or an entry permit granted on presentation of the visa on arrival in Australia) ceases to have effect on a specified day if the claim to be an Australian permanent resident is not substantiated on or before that day.
MIGRATION REGULATIONS - REG 20
Reconsideration of application that is put aside
20.(1) Where:
(a) the Minister puts aside an application for a visa in accordance with
subsection 31 (3) of the Act; and
(b) the Minister subsequently gives a notice under subsection 32 (2) of the
Act specifying the pass mark in relation to that class of visas;
the Minister must, on giving the notice, reconsider the application.
(2) The reconsideration is to involve comparing the applicant's score with the pass mark specified in the notice but is not to involve reassessing that score.
(3) In spite of subregulation (1), the Minister is not to reconsider an application more than 3 times.
MIGRATION REGULATIONS - DIVISION 2
Division 2-Entry permits
MIGRATION REGULATIONS - REG 21
Classes of entry permits
21.(1) For the purposes of paragraph 33 (2) (a) of the Act, the classes of entry permits are:
(a) the classes of entry permits specified in Column 2 in Schedule 3; and
(b) the classes of entry permits specified in Division 4, 5 and 6
respectively of Part 3.
MIGRATION REGULATIONS - REG 22
Application for entry permit
22. Subject to this regulation, an application for an entry permit is in accordance with these Regulations:
(a) where the applicant applies after entering Australia:
(i) if the application is in accordance with the form approved by the
Minister for the purposes of this provision; and
(ii) if the relevant fee has been paid; and
(iii) if the applicant produces to an officer the passport or other
document produced by the applicant for the purposes of his or her entry to Australia; or
(b) where the applicant applies before entering Australia-if the applicant
presents to the Minister for examination a visa with respect to the applicant's travel to Australia.
MIGRATION REGULATIONS - REG 22A
Certain applications made before 1 June 1990 to have effect as applications
for
processing entry permits
22A. An application:
(a) for an entry permit, other than a temporary entry permit, that is made
before 19 December 1989; or
(b) for a permanent entry permit that is made on or after 19 December 1989
and before 1 June 1990 and after entry;
also has effect as an application for a processing entry permit that is in accordance with these Regulations.
MIGRATION REGULATIONS - REG 22B
Certain applications by PRC citizens to be taken to be applications for entry
permits
22B. (1) An application by a citizen of the People's Republic of China for a humanitarian grounds entry permit also has effect as an application for a 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.
MIGRATION REGULATIONS - REG 23
Lodgment in Australia of application for entry permit
23. Subject to regulation 34, an application for an entry permit may be lodged in Australia at any office of the Department in the State or Territory where the applicant resides:
(a) by posting the application to that office; or
(b) by leaving it at that office in a box designated for the lodgment of
such applications; or
(c) by leaving it with a person employed at that office and authorised to
receive such documents.
MIGRATION REGULATIONS - REG 24
Grant of entry permit
24.(1) An entry permit granted by the Minister under section 34 of the Act:
(a) is to be in a form approved by the Minister; and
(b) is to be expressed to permit the holder to enter Australia and to remain
in Australia, or to remain in Australia; and
(c) may set out as provided under this Division, either in the entry permit
or in a document to be given to the applicant on the grant of the entry permit, any condition subject to which the entry permit is granted; and
(d) in the case of a temporary entry permit:
(i) may specify the period during which it is to have effect; and
(ii) may be expressed to authorise the holder to remain in Australia
only for that period.
(2) An entry permit specified:
(a) in any of items 13 to 50 inclusive in Part 1 in Schedule 3 or in any of
items 23 to 27 (inclusive) in Part 3 in that Schedule-is not to be granted as a permanent entry permit; or
(b) in any of the following items:
(i) items 1 to 12 inclusive and item 25 in Part 1 in Schedule 3; or
(ii) items 51 to 55 inclusive in that Part; or
(iii) items 1 to 9 inclusive in Part 2 in that Schedule;
is not be to be granted except as a permanent entry permit.
(3) For the purposes of paragraph (1) (a), where the Minister grants an entry permit of a class specified in these Regulations, the relevant class of entry permits may be identified by the code number specified in a column in Schedule 3.
MIGRATION REGULATIONS - REG 26
Recording and evidencing of entry permits
26.(1) Where the Minister grants an entry permit to a person, the issue of the entry permit is to be recorded as follows:
(a) if the entry permit is issued manually:
(i) before entry to Australia-by:
(A) stamping the entry permit in the passport or other travel
document presented by the applicant; and
(B) stamping a facsimile of the entry permit on the inwards
passenger card of the applicant; or
(ii) after entry to Australia-by:
(A) stamping the entry permit in the passport or other travel
document presented by the applicant; and
(B) entering in the entry permit register kept at the office
maintained by or on behalf of the Department at which the entry permit is issued, the full name of the person to whom the entry permit is granted and the day on which it is issued;
(b) if the entry permit is issued by a computerised system:
(i) by entering in the computerised record at that office the full
name of the person to whom the entry permit is granted and the date on which it is issued; and
(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.
(2) An entry in the entry permit register or in the computerised record made as referred to in subregulation (1) in relation to the issue of an entry permit is evidence that the entry permit was issued to the person and on the date specified in the entry.
MIGRATION REGULATIONS - REG 27
Effect and operation of entry permits
27.(1) An entry permit granted by the Minister comes into force:
(a) if a day of effect is specified in the entry permit-on that day; or
(b) if no day of effect is specified-on the day on which the entry permit is
granted.
(2) A valid entry permit ceases to be in force:
(a) if the period in respect of which the entry permit was granted expires;
or
(b) if a further temporary entry permit or a permanent entry permit is
granted to the holder and comes into force; or
(c) if the Minister determines that the holder has failed to comply with a
terminating condition subject to which the entry permit was granted-on the day on which the holder is notified of the determination; or
(d) if the entry permit is cancelled-on the day of the cancellation.
(3) In subregulation (2), 'terminating condition' means any of the following conditions:
(a) that the holder is not to perform any work without the permission in
writing of the Secretary;
(b) that the holder is not to perform any work for payment;
(c) that the holder is not to undertake formal studies;
(d) that the holder satisfies course requirements, and maintains a valid
enrolment, at the institution where he or she is following a course of study;
(e) that the holder is to leave Australia by a specified carrier on, or not
later than, a specified date.
MIGRATION REGULATIONS - REG 28
Conditions in connection with grant of temporary entry permits
28.(1) The conditions subject to which a temporary entry permit may be granted are, in addition to the conditions specified in subsection 33 (4) of the Act, the following conditions:
(a) the condition that the holder of the temporary entry permit is not to
change details of times and places of engagements to be undertaken in Australia, as submitted in relation to the application for that entry permit, without the prior permission in writing of the Secretary;
(b) the condition that the holder is to leave Australia by specified
transportation on a specified day or within a specified period;
(c) the condition that the holder is not to undertake any course of formal
study or training while in Australia;
(d) in the case of a domestic worker (diplomatic or consular) entry permit,
or a domestic worker (overseas executive) entry permit, that has effect as a temporary entry permit:
(i) the condition that the holder is not to undertake employment
except in the household of the employer who is his or her sponsor in relation to the visa; and
(ii) the condition that the holder is not to remain in Australia after
the permanent departure of that employer;
(e) in the case of a student entry permit-the condition that the holder
satisfies course requirements, and maintains a valid enrolment, at the institution where he or she is following a course of study;
(f) the condition that the holder must notify the Secretary, not earlier
than 7 days before, and not later than the day of, the expiry of the entry permit, of the holder's place of residence in Australia by posting the notification to the Head Office of the Department of Immigration, Local Government and Ethnic Affairs in the Australian Capital Territory;
(g) the condition that any person taken to be included in a student entry
permit is to leave Australia not later than the time of departure of the holder of that student entry permit;
(h) the condition that any dependant of a student (being a spouse, unmarried
child who has not turned 18, or person intending to marry the student not later than 3 months after entering Australia) who is granted an entry permit by reason of the granting of a student entry permit to the student is to leave Australia not later than the time of departure of the student;
(i) the condition that the holder is not to be granted an entry permit other
than a refugee (after entry) entry permit that has effect as a permanent entry permit;
(j) the condition that the holder is not be granted an entry permit other
than a refugee A (restricted) entry permit or a refugee B (restricted) entry permit;
(k) the condition that the holder is not to become involved in activities
disruptive to, or violence threatening harm to, the Australian community or a group within the Australian community;
(l) the condition that the holder is to be assessed, after entry to
Australia, within a period specified by the Minister when granting the entry permit, in respect of public interest criteria and prescribed health criteria.
(2) Where the holder of an entry permit refuses or fails to comply with a condition subject to which the entry permit was granted, the breach of the condition is a ground for the cancellation of the entry permit.
(3) Where, in accordance with this Division, a condition to which an entry permit is subject is to be set out in the entry permit, the condition may be set out in a manner, or in accordance with a notation, approved by the Minister in writing for that class of entry permits.
MIGRATION REGULATIONS - REG 29
Mandatory conditions for grant of entry permits
29.(1) An entry permit of a class referred to in Column 2 of an item in Schedule 5 must not be granted unless granted subject to the condition referred to in Column 3 of that item.
(2) In Schedule 5 a class of entry permits is referred to by the item number specified in relation to that class of entry permits in Column 1 in Part 1 in Schedule 3.
MIGRATION REGULATIONS - DIVISION 3
Division 3-Statutory visitors
MIGRATION REGULATIONS - REG 30
Statutory visitor visa
30.(1) A visa granted by the Minister under subsection 51 (2) of the Act is to be granted in a form approved by the Minister as a statutory visitor visa.
(2) A statutory visitor visa is to be granted subject to the following conditions:
(a) the condition that the visa is valid only for one journey to Australia;
(b) the condition that the visa is valid only until the end of the day
specified in the visa with respect to travel to Australia by the holder of the visa.
MIGRATION REGULATIONS - REG 31
Classes of entry permits-statutory visitors
31. For the purposes of subsection 52 (2) of the Act, the classes of entry permits are the following classes:
(a) statutory visitor (asylum) entry permit;
(b) statutory visitor (refugee) entry permit.
MIGRATION REGULATIONS - REG 32
Grant and effect of entry permit-statutory visitor
32.(1) An entry permit granted by the Minister to a statutory visitor may be a temporary entry permit or a permanent entry permit.
(2) An entry permit granted by the Minister to a statutory visitor:
(a) is to be in a form approved by the Minister; and
(b) is to be expressed to permit the holder to remain in Australia; and
(c) in the case of a temporary entry permit:
(i) must specify the period during which it is to have effect; and
(ii) is to be expressed to authorise the holder to remain in Australia
only for that period; and
(iii) ceases to be in force:
(A) on the day of expiry specified in the entry permit; or
(B) if the Minister determines that the holder has failed to
comply with a terminating condition subject to which the entry permit was granted-on the day on which the holder is notified of the determination.
(3) A reference in subregulation (2) to a terminating condition is a reference to any of the following conditions:
(a) the condition that the holder is not to change his or her address
without the prior permission in writing of the Secretary;
(b) the condition that the holder is not permitted to work in Australia;
(c) the condition that the holder is not to perform work of a specified kind
while in Australia;
(d) the condition that the holder is not to perform work other than work of
a specified kind.
MIGRATION REGULATIONS - REG 33
Conditions in connection with grant of temporary entry permit-statutory
visitor
33. An entry permit granted by the Minister as a temporary entry permit to a statutory visitor in accordance with this Division may be granted subject to any of the following conditions:
(a) the condition that the holder will not be entitled to be granted another
entry permit while he or she remains in Australia;
(b) a condition prohibiting the holder from performing any work for payment
while in Australia;
(c) the condition that the holder is not permitted to work in Australia;
(d) the condition that the holder is not to perform work of a specified kind
while in Australia;
(e) the condition that the holder is not to perform work other than work of
a specified kind.
MIGRATION REGULATIONS - DIVISION 4
Division 4-General
MIGRATION REGULATIONS - REG 34
Application for visa or entry permit in relation to person in custody
34.(1) Where an application for a visa or an entry permit is to be made in Australia in respect of a person in custody under the Act, the application must be lodged at an office of the Department in the State or Territory where the person is in custody by leaving the application at that office with a person employed at that office and authorised to receive such documents.
(2) The person lodging an application at that office in accordance with subregulation (1) must, on the day on which the application is lodged, inform in writing an officer of the Department appointed by the Secretary to be a custody review officer in the relevant State or Territory:
(i) of the nature of the application and the name of the person in
respect of whom it was lodged;
(ii) of the office at which, and the day on which, it was lodged; and
(iii) of the name of the officer with whom it was lodged.
(3) For the purposes of subregulation (1), an office occupied by an officer of the Department at an airport or a detention centre is to be taken to be an office of the Department.
MIGRATION REGULATIONS - REG 34A
Satisfaction of prescribed criteria
34A. Unless these Regulations otherwise provide, an applicant for a visa or an entry permit must satisfy the prescribed criteria in relation to the relevant class of visas or entry permits (other than public interest criteria and prescribed health criteria) at the time of application and as applicable at that time.
MIGRATION REGULATIONS - REG 34B
Entry permit to be subject to conditions of visa or previous entry permit
34B.(1) Where:
(a) a visa is granted to a person subject to a condition; and
(b) on the basis of that visa, an entry permit of an equivalent class, or
some other class, is subsequently granted to the person;
the entry permit must be granted subject to that condition.
(2) Where:
(a) a student entry permit is granted to a person subject to the condition
specified in paragraph 28 (1) (h); and
(b) on the basis of that entry permit, a further entry permit is
subsequently granted to the person;
the further entry permit must be granted subject to that condition.
MIGRATION REGULATIONS - REG 35
Notice of decision on application for visa or entry permit
35.(1) Where the Minister refuses to grant a visa or an entry permit, or determines that a visa or an entry permit ceases to be in force because the holder has failed to comply with a terminating condition subject to which the visa or entry permit was granted, the Minister must give the applicant written notice of that decision:
(a) by posting the notice to the latest address for service provided by the
applicant in relation to the application; or
(b) by posting the notice to the residential address provided by the
applicant in the application; or
(c) by giving the notice to the applicant personally or to a person duly
authorised to receive documents on behalf of the applicant; or
(d) by leaving the notice at the last known place of residence of the
applicant with a person apparently an occupant of that place and apparently not less than 16 years of age.
(2) Where notice of decision is served on the applicant under subregulation (1), service is to be taken to be effected as if the notice was a document to which subregulation 173 (1) or (2) applies.
(3) Subregulation (1) does not apply where the applicant is refused a visa or an entry permit on arrival in Australia and before entry to Australia.
MIGRATION REGULATIONS - REG 35AA
Grant of entry permits-illegal entrants
35AA.(1) The Minister may, in spite of any provision of these Regulat ions except subregulation (2) and subregulations 42 (1A), (1B) and (1C), grant a temporary entry permit to a person who is an illegal entrant if:
(a) in the case of a person to whom paragraph 42 (1C) (a), (b) or (c)
applies:
(i) the person satisfies the prescribed criteria in relation to the
relevant class of entry permits (other than, if applicable, the prescribed criteria that the person is the holder of a valid temporary entry permit and that the person is not an illegal entrant); and
(ii) the Minister is satisfied that the person:
(A) has not departed from Australia since that entry; and
(B) has developed close personal ties with Australia; or
(b) in the case of a person who entered Australia before 19 December 1989,
not being a person referred to in paragraph (a):
(i) the person applies for the entry permit not later than 31 May
1990; and
(ii) the person satisfies the prescribed criteria in relation to the
relevant class of entry permits (other than, if applicable, the prescribed criteria that the person is the holder of a valid temporary entry permit and that the person is not an illegal entrant); and
(iii) the Minister is satisfied that there are compelling reasons for
granting the entry permit; or
(c) in the case of a person who entered Australia on or after 19 December
1989:
(i) the person applies for the entry permit:
(A) where the person became an illegal entrant before 20 January
1990-not later than 16 February 1990; or
(B) where the person became an illegal entrant on or after 20
January 1990-not later than 28 days after becoming an illegal entrant; and
(ii) any entry visa or entry permit that expired was not granted
subject to the condition that the holder would not be entitled to be granted an entry permit, or a further entry permit, as the case requires, while the holder remained in Australia; and
(iii) the person satisfies the prescribed criteria in relation to the
relevant class of entry permits (other than, if applicable, the prescribed criteria that the person is the holder of a valid temporary entry permit and that the person is not an illegal entrant); and
(iv) the Minister is satisfied:
(A) that the person became an illegal entrant because of factors
beyond his or her control; and
(B) that there are compelling reasons for granting the entry
permit; and
(C) that the person complied substantially with any conditions
in regulation 104 203
(b) A, D, E, H1
5 woman at risk
(a) the criteria specified in
regulation 105 204
(b) A, D, E, H1
6 camp clearance
(a) the criteria specified in
regulation 106 205
(b) A, D, E, H1
7 Lebanese concession
(a) the criteria specified
in regulation 107
(b) A, B, C, D, E, H1 206
8 Soviet concession
(a) criteria specified in
regulation 107A 207
(b) A, D, E, H1
PART 3-CLASSES OF VISAS AND CODE
NUMBERS (SUBREGULATION 41 (4) NOT APPLICABLE)
Column 1 Column 2 Column 3 Column 4
Item No. Class of Prescribed criteria Code
visa (if any) Number
1 parent
(a) parent 103
(b) B, C (settled son or daughter or
cohabiting spouse of son or daughter),
D, E, F, H1
2 preferential family
(a) aged dependent relative, orphan 104
relative, remaining relative, special need
need relative.
(b) B, C (for aged dependent relative
or remaining relative-settled relative
or settled co-habiting spouse; for
orphan relative or special need
relative-relative or co-habiting
spouse), D, E, H1 126
3 concessional family
(a) non-dependent child, 105
brother or sister, niece or nephew,
working age parent
(b) A, B1, C (parent, brother or
sister, aunt or uncle, son or
daughter), D, E, G, H1
4 independent entrant
A, B1, D, E, G, H1 106
5 statutory visitor - 992
6 transit - 771
7 border - 773
8 restricted passport - 431
9 emergency (permanent entry) - 302
10 emergency (temporary entry) - 303
11 refugee A (restricted) - 780
12 refugee B (restricted) - 781
13 processing - 825
MIGRATION REGULATIONS - SCHEDULE 3 SCH
SCHEDULE 3
Regulation 42
CLASSES OF ENTRY PERMITS AND CODE NUMBERS
PART 1-CLASSES OF ENTRY PERMITS TO WHICH
NO ADDITIONAL PRESCRIBED CRITERIA
APPLY (SCHEDULE 2, PART 1 EQUIVALENTS)
Column 1 Column 2 Column 3
Item No. Class of entry permits Code number
1 spouse 100
2 child 101
3 adoption 102
4 business (general) 123
5 business (joint venture) 122
6 distinguished talent (Australian support) 124
7 distinguished talent (independent) 125
8 employer nomination 121
9 labour agreement 120
10 family reunion (New Zealand citizen) 152
11 former citizen 150
12 former resident 151
13 Australian requirement 301
14 diplomatic 995
15 dependant (subsequent entry) 433
16 domestic worker (diplomatic or consular) 426
17 domestic worker (overseas executive) 427
18 educational 418
19 entertainment 420
20 expatriate 432
21 exchange 411
22 executive (overseas) 413
23 family relationship 425
24 foreign government agency 415
25 restricted passport 431
26 independent executive 412
27 media and film staff 423
28 medical practitioner 422
29 prospective marriage 300
30 public lecturer 424
31 religious worker 428
32 retirement 411
33 special program 416
34 specialist (overseas) 414
35 sport 421
36 supported dependant 430
37 visiting academic 664
38 working holiday 417
39 private subsidised student 550
40 student (AIDAB) 551
41 student (Equity and Merit Scholarship Scheme) 552
42 student (formal course) 553
43 trainee (English language) 555
44 trainee (non-formal course) 554
45 business visitor 662
46 close family visitor 663
47 medical treatment 665
48 tourist 660
49 tourist (special arrangements) 661
50 visitor (other) 664
51 return, Class A 154
52 return, Class B 155
53 return, Class C 156
54 return, Class D 157
55 return, Class E 158
PART 2-CLASSES OF ENTRY PERMITS TO WHICH
ADDITIONAL PRESCRIBED CRITERIA APPLY
Column 1 Column 2 Column 3 Column 4
Item No. Class of Additional prescribed
entry criteria Code number
permits
1 territorial asylum
(a) the criterion specified 800
in regulation 134
(b) D, E, H1
2 spouse (after entry)
(a) the criteria specified
in regulation 135 801
(b) B1, D, E, H1
3 child (after entry)
(a) the criteria specified
in regulation 136 802
(b) B1, D, H1
4 aged parent (after entry)
(a) the criteria
specified in regulation 137 804
(b) B1, D, H1
5 refugee (after entry)
(a) the criteria
specified in regulation 138 803
(b) D, E, H1
6 skilled occupation
(a) the criteria specified
in regulation 139 805
(b) B1, D, E, H1
7 compassionate grounds
(a) the criteria specified
in regulation 140 806
(b) B1, D, E, H1
8 humanitarian grounds
(a) the criteria specified
in regulation 141 807
(b) D, E, H1
9 confirmatory
(a) the criteria specified in
regulation 142 808
10 PRC citizen (permanent)
(a) the criteria specified
in paragraph 142A 809
(b) D, E, H1
PART 3-FURTHER CLASSES OF ENTRY PERMITS
Column 1 Column 2 Column 3
Item No. Class of entry permits Code number
1 refugee 200
2 in-country special humanitarian 201
3 global special humanitarian 202
4 emergency rescue 203
5 woman at risk 204
6 camp clearance 205
7 Lebanese concession 206
8 parent 103
9 preferential family 104
10 concessional family 105
11 independent entrant 126
12 statutory visitor (territorial asylum) 990
13 statutory visitor (refugee) 991
14 transit 771
15 border 773
16 emergency (permanent entry) 302
17 emergency (temporary entry) 303
18 refugee A (restricted) 780
19 refugee B (restricted) 781
20 refugee C (restricted) 826
21 refugee D (restricted) 827
22 processing 825
23 extended eligibility (spouse) 820
24 extended eligibility (family) 822
25 extended eligibility (economic) 823
26 extended eligibility (other) 824
27 extended eligibility (limited) 828
28 extended eligibility (PRC) entry permit 829
29 PRC citizen entry permit 434
30 Sri Lankan (temporary) 435
31 Lebanese (temporary) 436
32 Soviet concession 207
MIGRATION REGULATIONS - SCHEDULE 4 SCH
SCHEDULE 4
Regulation 145
PRESCRIBED QUALIFICATIONS AND PRESCRIBED NUMBER OF POINTS
Column 1 Column 2 Column 3
Item No. Prescribed qualification Number of
points
PART 1-EMPLOYMENT QUALIFICATION
1 qualification specified in paragraph 146 (a) 75
2 qualification specified in paragraph 146 (b) 70
3 qualification specified in paragraph 146 (c) 60
4 qualification specified in paragraph 146 (d) 45
5 qualification specified in paragraph 146 (e) 40
6 qualification specified in paragraph 146 (f) 35
7 qualification specified in paragraph 146 (g) 30
8 qualification specified in paragraph 146 (h) 20
9 qualification specified in paragraph 146 (i) 10
PART 2-AGE QUALIFICATION
10 age not less than 18 years and under
25 years at time of application 25
11 age not less than 25 years and under
30 years at time of application 20
12 age not less than 30 years and under
35 years at time of application 15
13 age not less than 35 years and under
40 years at time of application 10
14 age not less than 40 years and under
45 years at time of application 5
PART 3-LANGUAGE SKILL QUALIFICATION
15 ability to speak English in any situation,
and to write English in any context 15
16 ability to conduct everyday conversations in English,
to write personal letters and non-technical reports
in English and to complete general forms in English 10
17 ability to speak and write, at the level
referred to in item 16 in relation to English,
in 2 languages other than English 5
18 ability to ask and answer simple questions in
English, write simple statements in English about
everyday matters and complete simple forms in English 5
PART 4-RELATIONSHIP QUALIFICATION
19 the qualification specified in paragraph 147 (1) (a) 15
20 the qualification specified in paragraph 147 (1) (b) 10
21 the qualification specified in paragraph 147 (1) (c) 5
PART 5-CITIZENSHIP QUALIFICATION
22 sponsor has been an Australian citizen for not
less than 5 years at the time
of entering into the relevant sponsorship 10
23 sponsor has been an Australian citizen for
less than 5 years at time of
entering into the relevant sponsorship 5
PART 6-SETTLEMENT QUALIFICATION
24 sponsor has been resident in Australia
throughout the period of 2 years
immediately before entering into the
relevant sponsorship and:
(a) if not in paid employment-spouse has not
been in receipt of Unemployment
Benefit or Special Benefit for more than
4 weeks during that period; or
(b) ifin paid employment or otherwise
financially independent-has not been in receipt
of Unemployment Benefit or Special
Benefit for more than 4 weeks during that period 10
PART 7-LOCATION QUALIFICATION
25 sponsor has been resident in a place in a
State or Territory designated by
the competent authorities of the State or
Territory for the purposes of this
provision throughout the period of 2 years
immediately before entering into the
relevant sponsorship 5
MIGRATION REGULATIONS - SCHEDULE 5 SCH
SCHEDULE 5< Regulations 18 and 29
MANDATORY CONDITIONS FOR GRANT OF VISAS AND ENTRY PERMITS
Column 1 Column 2 Column 3
Item No. Class of visas or Mandatory condition
entry permits
1 14 to 28 (inclusive), 30 conditions referred to in
to 50 (inclusive), transit paragraphs 23 (4) (a) and
visa referred to in 33 (4) (a) of the Act
regulation 110 refugee B respectively
(restricted) visa or entry
permit, refugee D (restricted)
entry permit, extended
eligibility (limited) entry
permit
2 49, border entry permit condition referred to in
granted to a person described paragraphs 23 (4) (b)
in paragraph 111 (1) (f) and 33 (4) (b) of the Act
respectively
3 20, 23, 32, 45 to 50 holder not to perform
(inclusive) transit any work without
visa referred to in permission of Secretary
regulation 110
4 16 to 19 (inclusive) 21, holder not to change
22, 24, 27, 28, 30, employer without
31, 33, 34, 35 permission of Secretary
5 39 to 44 (inclusive) holder not to engage in
work (other than in relation to
his or her course of study
or training) for more than 20
hours a week during any week
when the institution at which
the holder is studying is in session
6 38 holder not to be employed
by any one employer for
more than 3 months without
permission of Secretary
7 37 holder not to receive salary
without permission of Secretary
8 19 holder not to change
times or places of
engagements in Australia
without permission
9 45 to 50 (inclusive) holder not to
transit visa referred undertake formal studies
to in regulation 110
10 16, 17 holder not to remain
in Australia after
permanent departure of employer
11 39 to 42 (inclusive) holder must satisfy
43, 44 course requirements
12 refugee A (restricted) holder not to be granted
referred to in entry permit other than
regulation 116 refugee (after entry) entry
permit having effect
as permanent entry permit
13 refugee B (restricted) holder not to be granted
referred to in entry permit other than refugee A
regulation 117 restricted) entry permit
refugee D (restricted) refugee B (restricted) entry permit
referred to in 119
MIGRATION REGULATIONS - SCHEDULE 6 SCH
SCHEDULE 6 Regulation 154
FORMS
FORM 1
COMMONWEALTH OF AUSTRALIA
Migration Act 1958
SECTION 20 NOTICE
TO: The Secretary
Department of Immigration, Local Government and Ethnic Affairs, Canberra
I, (full name) of (address) give notice under subsection 20 (3) of the
Migration Act 1958 as follows:
1. I was born at (place and country of birth) on (date of birth).
*2. I am a person, being a non-citizen who has entered Australia, to whom
subsection 20 (1) of the Migration Act 1958 applies, for the reason*s given
below.
OR
*2.I am a person, being a non-citizen who has entered Australia, to whom
subsection 20 (2) of the Migration Act 1958 applies, for the reason*s given
below.
OR
*2. I am a non-citizen seeking to enter Australia to whom subsection 20 (1) of
the Migration Act 1958 would apply if I entered Australia, for the reasons
given below.
3. Subsection 20 (1)/*subsection 20 (2)/of the Migration Act 1958 applies to
me/*would apply to me if I entered Australia/for the following reasons:
(tick each statement that applies to you and give details of the circumstances
on the attached sheet)
(1) I evaded an officer for the purpose of entering Australia ( )
(2) When or before I entered Australia, in respect of that entry:
(a) I produced to an officer or a person exercising powers
or performing functions under that Act, *a bogus document/*a
passenger card/containing false or misleading information ( )
(b) I made to such an officer or such a person a false or
misleading statement ( )
(3) When or before a visa was granted or issued to me:
(a) I produced a bogus document to such an officer or such
a person ( )
(b) I made a false or misleading statement to such an
officer or such a person ( )
(4) When I entered Australia:
(a) I was suffering from a prescribed disease or a
prescribed physical or mental condition ( )
(b) I had been convicted of a crime and sentenced to
death, to imprisonment for life or to imprisonment
for at least one year ( )
(c) I had been charged with a crime and:
(i) found guilty of having committed ()
the crime while of unsound mind
(ii) acquitted on the ground that the crime
was committed while I was of unsound
mind ( )
(d) I was a person who had been deported from Australia or
another country ( )
(5) After entry to Australia, in respect of an entry permit
granted to me:
(a) I produced to such an officer or such a person a bogus
document ( )
(b) I made to such an officer or such a person a false or
misleading statement ( )
(6) I am a person who has been excluded from another
country in circumstances prescribed under the
Migration (Criteria and General) Regulations ( )
(YOU MUST ALSO GIVE DETAILS OF THE CIRCUMSTANCES ON THE ATTACHED SHEET).
Dated 19 . .........................
............ (Signature of non-citizen)
Witnessed by:
(Signature and occupation or
title of witness)
* Cross out if not applicable.
STATEMENT OF CIRCUMSTANCES IN WHICH SUBSECTION 20 (1) OR (2)
APPLIES OR WOULD APPLY
............................................................
............................................................
............................................................
............................................................
OFFICE USE ONLY
( ) Subsection 20 (1) applies.
( ) Subsection 20 (2) applies.
( ) Subsection 20 (1) would apply on entry.
FORM 2< Regulation 157
COMMONWEALTH OF AUSTRALIA
Migration Act 1958
SEARCH WARRANT
To (insert name of officer and capacity by virtue of which he or she is an
officer within the meaning of the Act).
I, ........................, the Secretary of the Department of Immigration,
Local Government and Ethnic Affairs, hereby authorise you (insert name of
officer), at any time in the day or night, with such assistance as you think
necessary, to enter and search any building, premises, vehicle or place in
which you have reasonable cause to believe there may be found:
(a) an illegal entrant or a deportee, within the meaning of the Migration Act
1958;
(b) a person to whom a temporary entry permit under that Act has been issued
subject to a condition with respect to the work to be performed by that person;
(c) any document, book or paper relating to the entry or proposed entry into
Australia of a person in circumstances in which that person:
(i) would have become a prohibited immigrant within the meaning of
that Act as in force from time to time before the commencement of
the Migration Amendment Act 1983; or
(ii) would have become a prohibited non-citizen within the meaning of that A
as in force from time to time after the commencement of the Migration Amendment
Act 1983 but before the commencement of section 4 of the Migration Legislation
Amendment Act 1989; or
(iii) would have become, or would become, an illegal entrant; or
(d) any passport or document of identity of, or any ticket for the conveyance
from a place within Australia to a place outside Australia of, an illegal
entrant or a deportee, within the meaning of that Act;
and to seize any such document, book, paper, passport, document of identity or
ticket, as the case may be, and to impound and detain it for such time as you
think necessary, and for the purposes of the exercise of the foregoing powers
to stop any vessel or vehicle and to use such reasonable force as is
necessary. And for doing so this shall be your sufficient warrant.
This warrant remains in force for the period commencing
on 19 and ending
on 19 , being a
period not exceeding 7 days.
Dated 19 . .........
Secretary
FORM 3< Regulation 157
COMMONWEALTH OF AUSTRALIA
Migration Act 1958
SEARCH WARRANT-VALUABLES
To (insert name of officer and capacity by virtue of which he or she is an
officer within the meaning of the Act).
I,..........................................., the Secretary of the Department
of Immigration, Local Government and Ethnic Affairs, hereby authorise you,
(insert name of officer), at any time in the day or night, with such
assistance, and using such reasonable force, as you think necessary:
(a)to enter and search any building, premises, vehicle or place in which you
have reasonable cause to believe there may be found any valuables to which a
notice in force under section 68 of the Migration Act 1958 relates; and
(b)to seize any such valuables found in the course of such a search;
and for the purposes of the exercise of the foregoing powers, to stop any
vehicle. And for doing so this shall by your sufficient warrant.
This warrant remains in force for the period commencing
on 19 and ending
on 19 , being a
period not exceeding 7 days.
Dated 19 . .........
Secretary
FORM 4< Regulation 158
COMMONWEALTH OF AUSTRALIA
Migration Act 1958
DOCUMENT FOR THE PURPOSES OF SUBSECTION 114 (2) OF THE ACT
I, (full name), the Secretary of the Department of Immigration, Local
Government and Ethnic Affairs, hereby issue to
(insert name, title and organisation of person to whom document is given)
this document under subsection 114 (3) of the Migration Act 1958 relating to
(name of person in respect of whom document is given) and state as follows:
1. To the best of my knowledge, the name of that person is (insert full name)
and *he/*she/ is a national of ( insert name of country of nationality).
*2. The photograph attached to this document at 'A' is a fair likeness of that
person.
3. That person claims to have been born at (place) in (country) on 19
and that *his/*her/ usual residential address is (insert address).
4. The person arrived on 19 at (insert name) Airport on flight (flight number) from (city and State).
*5. The person was refused entry to Australia and the carrier had been
instructed under Australian law to remove that passenger from the territory of
Australia.
OR
*5. The person is being deported from Australia. The carrier has been instructed under Australian law to remove that person from the territory of Australia.
6. At the time the person *sought/*attempted/ entry, the person was:
* not in possession of any travel documentation.
* in possession of a fraudulent/falsified/counterfeit/ passport/identity document (give details).
A photocopy of that document is enclosed. The original has been retained by
Australian immigration officials for use as evidence if necessary.
* in possession of a *passport/*identity document (give details)
That document is enclosed.
7. According to Annex 9 of the Convention on International Civil Aviation, the
last State in which a passenger previously stayed and most recently travelled
from, is invited to accept *him/*her/ for re-examination when *he/*she/has
been refused admission to another State.
8. The following information is provided to facilitate any arrangements to be
made by you or further inquiries:
Responsible immigration officer:
Airport:
Telephone: (include ISD and STD codes and number)
Telex:
Facsimile:
Dated 19 . .........
Secretary
* Cross out if not applicable.
MIGRATION REGULATIONS - SCHEDULE 7 SCH
SCHEDULE 7< Regulation 37A
ENDORSEMENT OF VISAS AND ENTRY PERMITS
FOR PURPOSES OF SUBSECTIONS 20 (4) AND (5) OF THE
ACT-CODES OR ABBREVIATIONS
Column 1 Column 2 Column 3 Column 4
Item No. Relevant provision of section 20 Code Code to be
to be endorsed on
endorsed entry
on visa permits
1 Paragraph (1) (a) - 06
2 Sub-subparagraph (1) (b) (i) (A) - 05
3 Sub-subparagraph (1) (b) (i) (B) - 05
4 Subparagraph (1) (b) (ii) - 04
5 Subparagraph (1) (c) (i) - 05
6 Subparagraph (1) (c) (ii) - 04
7 Subparagraph (1) (d) (i) 03 03
8 Subparagraph (1) (d) (ii) 01 01
9 Subparagraph (1) (d) (iii) 01 01
10 Sub-subparagraph (1) (d) (iv) (A) 01 01
11 Sub-subparagraph (1) (d) (iv) (B) 01 01
12 Subparagraph (1) (d) (v) 02 02
13 Subparagraph (1) (d) (vi) 02 02
14 Subparagraph (2) (b) (i) - 05
15 Subparagraph (2) (b) (ii) - 04
MIGRATION REGULATIONS - SCHEDULE 8 SCH
SCHEDULE 8< Regulation 183
FEES
PART 1-VISAS
Column 1 Column 2 Column 3
Item No. Class of visas Fee on application
$
1 spouse 215
2 child 215
3 adoption 215
4 business (general) 1,000
5 business (joint venture) 1,000
6 distinguished talent
(Australian support) 215
7 distinguished talent (independent) 215
8 employer nomination 215
9 labour agreement 215
10 family reunion (New Zealand citizen) 215
11 former citizen 215
12 former resident 215
13 Australian requirement -
14 diplomatic -
15 dependant (subsequent entry) 30
16 domestic worker
(diplomatic or consular) 30
17 domestic worker
(overseas organisation) 30
18 educationa l30
19 entertainment 30
20 expatriate 30
21 exchange -
22 executive (overseas) 30
23 family relationship -
24 foreign government agency 30
26 independent executive 30
27 media and film staff 30
28 medical practitioner 30
29 prospective marriage 215
30 public lecturer 30
31 religious worker 30
32 retirement 30
33 special program 30
34 specialist (overseas) 30
35 sport 30
36 supported dependant 30
37 visiting academic 30
38 working holiday 30
39 private subsidised student 30
40 student (AIDAB) 30
41 student (Equity and Merit
Scholarship Scheme) 30
42 student (formal course) 30
43 trainee (English language) 160
44 trainee (non-formal course) (a) if applicant is a
student paying
full fees - $160;
(b) if applicant
is a trainee-$30
45 business visitor -
46 immediate family visitor -
47 medical treatment -
48 tourist -
49 tourist (special arrangements) -
50 visitor (other) -
51 return, Class A (a) if application is
lodged in
Australia-$50
(b) if application is lodged
outside Australia-$60
52 return, Class B the fee ascertained
under regulation 190
53 return, Class C (a) if application is
lodged in Australia- $50
(b) if application is
lodged outside
Australia-$60
54 return, Class D (a) if application is
lodged in Australia-$50
(b) if application is
lodged outside
Australia-$60
55 return, Class E -
56 refugee -
57 in-country special
humanitarian program -
58 global special humanitarian program -
59 emergency rescue -
60 woman at risk -
61 camp clearance -
62 Lebanese concession -
63 parent 215
64 preferential family 215
65 concessional family 215
66 independent entrant 215
67 statutory visitor -
68 transit -
69 border -
70 restricted passport -
71 emergency (permanent entry) -
72 emergency (temporary entry) -
73 refugee A (restricted) -
74 refugee B (restricted) -
75 processing 50
76 Soviet concession -
PART 2-ENTRY PERMITS
Column 1 Column 2 Column 3
Item No. Class of entry permits Fee on application
$
1 spouse (after entry) the fee ascertained
under regulation 186
2 child (after entry) the fee ascertained
under regulation 186
3 aged parent (after the fee ascertained
entry) under regulation 186
4 refugee (after entry) the fee ascertained
under regulation 186
5 skilled occupation the fee ascertained
under regulation 187
6 compassionate grounds the fee ascertained
under regulation 186
7 humanitarian grounds the fee ascertained
under regulation 186
8 confirmatory the fee ascertained
under regulation 188
9 refugee A (restricted) 250
10 refugee B (restricted) 250
11 extended eligibility
(spouse) 250
12 extended eligibility the fee ascertained
(family) under subregulation 189A
13 extended eligibility the fee ascertained
(economic) under regulation 189
14 extended eligibility
(other) 250
15 extended eligibility
(limited) entry permit 50
16 extended eligibility
(PRC) entry permit 30
17 PRC citizen entry permit 30
18 PRC citizen (permanent) 40
19 Sri Lankan (temporary) 30
20 Lebanese (temporary) 30
0
0
0