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

Statutory Rules 1993

No. 219 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 10 August 1993.

 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 Regulations 4 and 6, subregulation 9.3, and regulation 11 are taken to have commenced on 3 June 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 Paragraphs 4 (1) (a), (b) and (c):

Omit “the Schedule”, substitute “Schedule 1”.

3.2 Add at the end:

“(7)

This regulation has effect subject to regulation 44A.”.

4.Regulation 10 (Refund of fee for internal review)

4.1 Subregulation 10 (1):

After paragraph (a), insert:

• “(aa)

  the review officer, acting under paragraph 118 (4) (ba) of the Act, remits for reconsideration the prescribed matter to which the review relates; or”.

5.Regulation 23 (Jurisdiction of the Tribunal)

5.1 Subregulation 23 (1):

Omit “subregulation (2),”, substitute “this regulation,”.

5.2 Add at the end:

“(3)

This regulation has effect subject to regulation 44A.”.

6.Regulation 35 (Refund of fee for review by Tribunal)

6.1 Subregulation (1):

After paragraph (a), insert:

• “(aa)

  the Tribunal, acting under paragraph 118 (4) (ba) of the Act, remits for reconsideration the prescribed matter to which the review relates; or”.

7.Regulation 43A (Directions that may be given in relation to review by a review authority):

7.1 Paragraph 43A (a):

Omit “application”, substitute “application, made on or after 19 December 1989,”.

8.New regulation 44A

8.1 After regulation 44, insert:

Section 180A of the Act—prohibition on review of decision

“44A. Despite any other provision of these Regulations, a decision under section 180A of the Act to refuse to grant a visa or entry permit, or to cancel a valid visa or entry permit, is not reviewable by a review authority.”.

9.Regulation 48 (Transitional)

9.1 Subregulation 48 (1):

Omit “apply”, substitute “apply, subject to this regulation,”.

9.2 Subregulations 48 (2) and (3):

Omit the subregulations, substitute:

“(2)

The Migration (Review) Regulations are taken to have had effect, on and after 15 April 1991, as if they had been amended as follows:

(a)

Subparagraph 2A (3) (b) (i):

 Omit ‘refused; and’, substitute ‘approved; or’;

(b)

Subparagraph 2A (3) (b) (ii):

 Omit the subparagraph, substitute:

• ‘(ii)

  if the second-mentioned application is refused, that refusal is internally reviewable.’.

“(3)

In the case of an application, lodged on or after 1 July 1993, for review of a decision concerning a Class 784 (domestic protection (temporary)) entry permit:

• (a)

  Part 2A of the Migration (Review) Regulations does not apply to the application; and

• (b)

  Part 6 of these Regulations, so far as it is relevant, does apply to the application.”.

9.3 Add at the end:

“(4)

For the purposes of subregulation (1), the Migration (Review) Regulations apply with the modifications set out in Schedule 2.

[NOTE:

In exercising powers under the repealed Migration (Review) Regulations (as applied by this regulation) in relation to applications under the Migration (1989) Regulations, a review authority should have regard, where appropriate, to the provision made by regulation 43A of these Regulations for the purposes of paragraph 118 (4) (ba) of the Act (powers of a review authority).]”.

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

10.1 Heading:

After “SCHEDULE”, insert “1”.

11.New Schedule 2

11.1 Add at the end:

SCHEDULE 2

Subregulation 48 (4)

MODIFICATIONS OF REPEALED MIGRATION (REVIEW) REGULATIONS

202.   Regulation 7 (Refund of fee for internal review)

202.1   After paragraph 7 (1) (a), insert:

• “(aa)

  the review officer, acting under paragraph 118 (4) (ba) of the Act, remits for reconsideration the prescribed matter to which the review relates; or”.

204.   Regulation 20 (Refund of fee for review by Tribunal)

204.1   After paragraph 20 (1) (a), insert:

• “(aa)

  the Tribunal, acting under paragraph 118 (4) (ba) of the Act, remits for reconsideration the prescribed matter to which the review relates; or”.

12.Schedule 2 (Modifications of repealed Migration (Review) Regulations)

12.1 Before clause 202, insert:

“201.   Regulation 2a (Internally reviewable decisions)

“201.1   Add at the end:

“ ‘(7)

This regulation has effect subject to regulation 28a.’.”.

12.2 After clause 202, insert:

“203.   Regulation 9 (Jurisdiction of the Tribunal)

“203.1   Subregulation 9 (1):

“Omit ‘subregulation (2),’, substitute ‘this regulation,’.”.

“203.2   Add at the end:

“ ‘(4)

This regulation has effect subject to regulation 28a.’.”.

12.3 After clause 204, insert:

“205.   New regulation 28a

“205.1   After regulation 28, insert:

“ ‘Section 180A of the Act—prohibition on review of decision

“ ‘28A. Despite any other provision of these Regulations, a decision under section 180A of the Act to refuse to grant a visa or entry permit, or to cancel a valid visa or entry permit, is not reviewable by a review authority.’.”.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 17 August 1993.

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