Migration (Review) (1993) Regulations (Amendment) (Cth)

Statutory Rules 1994

No. 10 1

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Migration (Review) (1993) Regulations 2(Amendment)

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 28 January 1994.

 BILL HAYDEN

 Governor-General

By His Excellency’s Command,

NICK BOLKUS

Minister for Immigration and Ethnic Affairs

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1.   Commencement

1.1   These Regulations commence on 1 March 1994.

2.   Amendment

2.1   The Migration (Review) (1993) Regulations are amended as set out in these Regulations.

3.   Regulation 36 (Individuals and organisations entitled to apply for review)

3.1   Subregulation 36 (3):

Omit the subregulation, substitute:

“(3)

An applicant for a visa or entry permit (other than a visa or entry permit mentioned in subregulation (3a) or (3b)) may apply, in accordance with these Regulations, for review of a relevant decision, being a decision to refuse the visa or entry permit, if:

• (a)

  the applicant was lawfully present in Australia when he or she lodged the application for the visa or entry permit; or

• (b)

  the applicant:

  • (i)

    became an illegal entrant, by reason of subsection 14 (2) of the Act, on entry to Australia; and

  • (ii)

    has not left Australia since that entry.

 “(3a) An applicant for a visa or entry permit of one of the following classes:

• (a)

  Class 815 (PRC (permanent));

• (b)

  Class 816 (special (permanent));

• (c)

  Class 818 (highly qualified on-shore (permanent));

may apply, in accordance with these Regulations, for review of a relevant decision, being a decision to refuse the visa or entry permit, whether or not the applicant’s presence in Australia when he or she lodged the application for the visa or entry permit was lawful.

 “(3b) An applicant for a Class 806 (family and other close ties (after entry)) entry permit may apply, in accordance with these Regulations, for review of a relevant decision, being a decision to refuse the entry permit, if:

• (a)

  at the date of lodgment of the application for the visa or entry permit, the applicant:

   (i) was an illegal entrant; and

   (ii) had turned 18; and

• (b)

  before turning 18, the applicant:

   (i) had entered Australia; and

   (ii) had become a prohibited non-citizen or an illegal entrant.”.

4.   Regulation 43g (Powers of Tribunal)

4.1   Subregulation 43g (1):

Omit the subregulation, substitute:

“(1)

For the purposes of paragraph 166bc (2) (c) of the Act, an application for a visa or entry permit of any of the following classes is prescribed:

• (a)

  Class 784 (domestic protection (temporary));

• (b)

  Class 817 (protection (permanent));

5.   Schedule 1 (Visas and entry permits to which internal review is applicable)

5.1   Part 3:

After item 7, insert:

“7a Class 815 (PRC (permanent))

 7b Class 816 (Special (permanent))

 7c Class 818 (highly qualified on-shore (permanent))”.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 4 February 1994.

2. Statutory Rules 1993 No. 18 as amended by 1993 Nos. 53, 109, 176, 219 and 232.