Migration (Republic of Bosnia and Herzegovina-United Nations Security Council Resolutions) Regulations (Cth)

Statutory Rules 1994

No. 403 1

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Migration (Republic of Bosnia and Herzegovina—United Nations Security Council Resolutions) Regulations

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Migration Act 1958.

Dated 6 December 1994.

 BILL HAYDEN

 Governor-General

By His Excellency’s Command,

NICK BOLKUS

Minister for Immigration and Ethnic Affairs

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Citation

 1. These Regulations may be cited as the Migration (Republic of Bosnia and Herzegovina—United Nations Security Council Resolutions) Regulations.

Commencement

 2. These Regulations commence on 12 December 1994.

Interpretation

 3.In these Regulations, unless the contrary intention appears:

“Act” means the Migration Act 1958;

“alien” means a person who is not:

• (a)

  an Australian citizen; or

• (b)

  an Australian permanent resident (within the meaning of the Migration Regulations).

Application

 4. These provisions apply in addition to, and despite any provision to the contrary in, any other Regulations under the Act.

Special criterion for grant of visa

 5. (1) It is a criterion applicable (at the time of decision) to an application for a visa of any class that the applicant meets:

• (a)

  the requirements of subregulation (2) or (3); and

• (b)

  the requirements of subregulation (4).

 (2) An applicant meets the requirements of this subregulation if the applicant is not:

• (a)

  a person who is a member of the administration within the meaning of subregulation (8) of those areas of the Republic of Bosnia and Herzegovina under the control of Bosnian Serb forces; or

• (b)

  a person who is an officer of the military or paramilitary forces of those areas of the Republic of Bosnia and Herzegovina under the control of Bosnian Serb forces; or

• (c)

  a person who is acting on behalf of a person referred to in paragraph (a) or (b); or

• (d)

  a person who after 23 September 1994 provides financial, material, logistical, military or other tangible support to Bosnian Serb forces, in violation of Resolutions 820 (1993) and 942 (1994) of the United Nations Security Council; or

• (e)

  a person who:

  • (i)

    is in, or resident in, those areas of the Republic of Bosnia and Herzegovina under the control of Bosnian Serb forces; and

  • (ii)

    has violated or contributed to the violation of the measures set out in Resolutions 820 (1993) and 942 (1994) of the United Nations Security Council.

[NOTE: 23 September 1993 was the date on which the United Nations Security Council adopted Resolution 942 (1994).]

 (3) An applicant meets the requirements of this subregulation if the Minister is satisfied that granting the visa will not infringe Australia’s obligations under international law.

 (4) An applicant meets the requirements of this subregulation if the Minister is satisfied that the applicant will not engage, or would, if permitted to enter Australia, be unlikely to engage within Australia, in an activity (other than an activity referred to in subregulation (5)) that:

• (a)

  involves the sale or supply of a commodity or product, or the provision of a service (including a financial transaction):

  • (i)

    to a person or organisation in those areas of the Republic of Bosnia and Herzegovina under the control of Bosnian Serb forces; or

  • (ii)

    to a person or organisation, whether in Australia or overseas, for the purposes (whether direct or indirect) of a business carried on in, or operated from, those areas of the Republic of Bosnia and Herzegovina under the control of Bosnian Serb forces; or

• (b)

  promotes, or is calculated to promote, a sale or supply of that kind.

 (5) Subregulation (4) does not apply to an activity that:

• (a)

  relates solely to the sale or supply of:

  • (i)

    essential foodstuffs; or

  • (ii)

    goods intended solely for medical purposes; or

• (b)

  relates solely to telecommunications, postal or legal services; or

• (c)

  relates solely to the sale or supply of products for essential humanitarian needs; or

• (d)

  is done in accordance with a permission under subregulation (6).

 (6) The Minister may grant a permission in writing to an alien to engage in an activity referred to in subregulation (4) if the Minister is satisfied that permitting the activity will not infringe Australia’s obligations under international law.

 (7) The Minister may, by written instrument, delegate his or her power under subregulation (6) to an officer of the Department.

 (8) In paragraph (2) (a), “administration” includes the legislative, judicial and administrative authorities (if any) that the Bosnian Serb forces:

• (a)

  have purported or may purport to establish in areas of the Republic of Bosnia and Herzegovina occupied by those forces; or

• (b)

  have purported or may purport to continue in existence in those areas.

Cancellation of visa

 6. For the purposes of paragraph 116 (1) (g) of the Act, if the Minister is satisfied that an alien has engaged, within Australia, in an activity referred to in subregulation 5 (4), that is a prescribed ground for the Minister to cancel a visa held by the alien.

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NOTE

1. Notified in the Commonwealth of Australia Gazette