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

Statutory Rules 1994

No. 88 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 29 March 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   Subregulation 4.1 is taken to have commenced on 1 March 1994.

1.2   Subregulations 6.2 and 6.3 are taken to have commenced on 24 December 1993.

[NOTE: The remainder of these Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.]

2.   Amendment

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

3.   Regulation 4 (Internally reviewable decisions)

3.1   Subparagraph 4 (3) (c) (ii):

Omit “Regulations.”, substitute “Regulations; or”.

3.2   Subregulation 4 (3):

Add at the end:

• “(d)

  the decision is to refuse an entry permit of 1 of the following classes:

  • (i)

    class 815;

  • (ii)

    class 816;

  • (iii)

    class 818.”.

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

4.1   Subregulations 36 (3) and (3A):

Omit the subregulations, substitute:

“(3)

An applicant for a visa or an entry permit may apply, in accordance with these Regulations, for review of a relevant decision, being a decision to refuse the visa or entry permit, if the applicant was lawfully present in Australia when he or she lodged the application for the visa or entry permit.

“(3AA)

An applicant for a visa or an entry permit (other than an entry permit of a class 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 the applicant:

• (a)

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

• (b)

  has not left Australia since that entry.

“(3A)

In the case of an applicant for an entry permit of 1 of the following classes:

• (a)

  Class 815 (PRC (permanent));

• (b)

  Class 816 (special (permanent));

• (c)

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

whose presence in Australia when he or she lodged the application for the entry permit was unlawful, the applicant may apply, in accordance with these Regulations, for review of a relevant decision, being a decision to refuse the entry permit.”.

5.   Regulation 43G (Powers of Tribunal)

5.1   Paragraph 43G (1) (b):

Omit “(permanent));”, substitute “(permanent)).”.

6.   Regulation 45 (Expedited review (Close family visit visas)

6.1   Subparagraph 45 (1) (a) (i):

After “ground that”, insert “the criterion specified in:”.

6.2   Subparagraph 45 (1) (a) (i):

After sub-subparagraph 45 (1) (a) (i) (A), insert:

• “(AB)

  clause 673.332A in Chapter 2.4 of that Schedule; or”.

6.3   Subparagraph 45 (1) (a) (ii):

After sub-subparagraph 45 (1) (a) (ii) (A), insert:

• “(AB)

  clause 683.332A in Chapter 2.3 of that Schedule; or”.

7.   Application

7.1 In spite of subregulation 1.1, the amendments made by subregulation 4.1 are taken not to affect the rights of a person under subregulation 36 (3) or (3A) of the Migration (Review) (1993) Regulations at any time before the date of notification of these Regulations in the Gazette so as to disadvantage that person.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 7 April 1994.

2. Statutory Rules 1993 No. 18 as amended by 1993 No. 53, 109, 176, 219 and 232; 1994 Nos. 10 and 37.