Migration (Review) (1993) Regulations (Cth)
MIGRATION (REVIEW) (1993) REGULATIONS
(#DATE 22:04:1994)
(#DATE 22:04:1994)
- In force under the Migration Act 1958
*1* The Migration (Review) (1993) Regulations (in force under the Migration Act 1958) as shown in this reprint comprise Statutory Rules 1993 No. 18 amended as indicated in the Tables below.
Table of Statutory Rules
Year and Date of Date of Application
Number Notification commencement saving or
in Gazette transitional
provisions
1993 No. 18 29 Jan 1993 1 Feb 1993
53 4 May 1993 1 Feb 1993 -
109 3 June 1993 3 June 1993 -
176 30 June 1993 1 July 1993 -
219 17 Aug 1993 Rr. 4, 6, 9.3 and
11: 3 June 1993
Remainder:
17 Aug 1993 -
232 26 Aug 1993 26 Aug 1993 -
1994 No. 10 4 Feb 1994 1 Mar 1994 -
37 11 Mar 1994 3 June 1993 -
88 7 Apr 1994 R. 4.1: 1 Mar 1994
Rr. 6.2 and 6.3:
24 Dec 1993
Remainder:
7 Apr 1994 R. 7
Table of Amendments
ad=added or inserted am=amended rep=repealed rs=repealed and substituted
Provision affected How affected
Rr. 2, 3 am. 1993 No. 53
R. 4 am. 1993 Nos. 53 and 219; 1994 No. 88
R. 8 am. 1993 No. 53
R. 10 am. 1993 Nos. 53 and 219; 1994 No. 37
R. 22A ad. 1993 No. 176
R. 23 am. 1993 Nos. 53 and 219
R. 35 am. 1993 Nos. 109 and 219
R. 36 am. 1993 No. 53; 1994 Nos. 10 and 88
R. 37 am. 1993 No. 53
R. 39 am. 1993 No. 109
R. 43A ad. 1993 No. 109
am. 1993 No. 219
Part 6 (rr. 43B-43N) ad. 1993 No. 176
R. 43B ad. 1993 No. 176
R. 43C ad. 1993 No. 176
am. 1993 No. 232
Rr. 43D- 43F ad. 1993 No. 176
R. 43G ad. 1993 No. 176
am. 1994 Nos. 10 and 88
Rr. 43H-43N ad. 1993 No. 176
Heading to Part 7 ad. 1993 No. 176
R. 44A ad. 1993 No. 219
R. 45 am. 1993 No. 53; 1994 No. 88
R. 48 am. 1993 Nos. 53, 176 and 219
Heading to Schedule am. 1993 No. 219
Schedule 1 am. 1993 No. 53; 1994 No. 10
Schedule 2 ad. 1993 No. 219
am. 1993 No. 219
MIGRATION (REVIEW) (1993) REGULATIONS - TABLE OF PROVISIONS TABLE
TABLE OF PROVISIONS
Section
PART 1 - PRELIMINARY
1. Citation
2. Commencement
3. Interpretation
4. Internally reviewable decisions
PART 2 - INTERNAL REVIEW
5. Review officer to conduct review
6. Review officers
7. Applications for internal review and fee payable
8. Waiver of fee for internal review
9. Lodgment of application
10. Refund of fee for internal review
11. Notice of decision in relation to internal review
PART 3 - REVIEW OF DECISIONS CONCERNING CLASS 784 (DOMESTIC
PROTECTION (TEMPORARY ENTRY PERMITS
12. Interpretation
13. Restriction on application of Parts 2, 4 and 5 in relation
to review of decisions to refuse prescribed permits
14. Certain review officers to conduct review of decisions to
refuse prescribed permits
15. Application for review and fee payable
16. Persons who may apply under this Part
17. Refund of fee if application allowed
18. Notice of decision in relation to application
19. Review authority
20. Time limits in relation to application
21. Persons in custody
22. Delegation by Secretary in relation to application
22A. Sunset provision
PART 4 - REVIEW BY TRIBUNAL
23. Jurisdiction of the Tribunal
24. Prescribed number of Senior Members and of members
25. Powers of Tribunal on review
26. Application for review by Tribunal and fee payable
27. Waiver of fee for review by Tribunal
28. Lodgment of application
29. Prescribed number of copies - subsection 122 (2) of the Act
30. Time limits in relation to other evidence
31. Summons to attend before Tribunal
32. Fees for persons giving evidence
33. Prescribed allowances - section 155 of the Act
34. Duties, powers and functions of officers of Tribunal
35. Refund of fee for review by Tribunal
PART 5 - PROVISIONS RELATING TO REVIEW BY REVIEW AUTHORITY
36. Individuals and organisations entitled to apply for review
37. Persons who may apply for review of decision to refuse a
December 1989 entry permit
38. Decision reviewable once only by particular review authority
39. Notice of decision of review authority
40. Time limits
41. Lodgment of application - persons in custody
42. Service of documents
43. Time when service takes effect
43A. Directions that may be given in relation to review by a
review authority
PART 6 - REFUGEE REVIEW TRIBUNAL
Division 1 - Introductory
43B. Interpretation
Division 2 - Tribunal members Membership
43C. Membership
43D. Remuneration and allowances
Division 3 - General
43E. Applications
43F. Notice of lodgment of application - person in custody
43G. Powers of Tribunal
43H. Statement about decision under review - number of copies
43J. Time limit for providing evidence
43K. Duties, powers and functions of officers of Tribunal
43L. Fees and allowances for persons giving evidence
43M. Notice of Tribunal's decision
43N. Service of documents
PART 7 - MISCELLANEOUS
44. Delegation by Secretary
44A. Section 180A of the Act - prohibition on review of decision
45. Expedited review (Close family visit visas)
46. Application
47. Repeal of Migration (Review) Regulations
48. Transitional
SCHEDULE 1
VISAS AND ENTRY PERMITS TO WHICH INTERNAL REVIEW IS
APPLICABLE
SCHEDULE 2
MODIFICATIONS OF REPEALED MIGRATION (REVIEW) REGULATIONS
MIGRATION (REVIEW) (1993) REGULATIONS - PART 1
PART 1 - PRELIMINARY
MIGRATION (REVIEW) (1993) REGULATIONS - REG 1
Citation
1. These Regulations may be cited as the Migration (Review) (1993) Regulations.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
MIGRATION (REVIEW) (1993) REGULATIONS - REG 2
Commencement
2. These Regulations commence on 1 February 1993.
(NOTE: These Regulations apply only in relation to applications, etc., under the Migration (1993) Regulations; see r. 46. See also note to r. 48.)
MIGRATION (REVIEW) (1993) REGULATIONS - REG 3
Interpretation
3. (1) In these Regulations, unless the contrary intention appears:
"internal review" means review by a review officer under Part 2;
"internally reviewable decision" means a decision of a kind that is specified in regulation 4 as an internally reviewable decision;
"IRT reviewable decision" means a decision that:
(a) has been affirmed, varied or made on review under Part 2; or
(b) is a decision that would, but for subregulation 4 (2), be an internally reviewable decision; or
(c) is a decision to refuse a Class 812 (December 1989 (permanent)) entry permit;
"Migration (1989) Regulations" has the same meaning as in the Migration (1993) Regulations;
"reconsidered" means reconsidered in accordance with regulation 2.6 of the Migration (1993) Regulations;
"the Act" means the Migration Act 1958.
(2) In these Regulations, a reference to a visa or entry permit of a particular class is a reference to a visa or entry permit of that class as set out in Schedule 1 to the Migration (1993) Regulations.
(3) Unless the contrary intention appears, a word or expression used in these Regulations and in the Migration (1993) Regulations has the same meaning in these Regulations as in the Migration (1993) Regulations.
MIGRATION (REVIEW) (1993) REGULATIONS - REG 4
Internally reviewable decisions
4. (1) Subject to this regulation, a decision is an internally reviewable decision if it is:
(a) a decision to refuse a visa or entry permit of a kind specified in Schedule 1; or
(b) a decision to reject a nomination or sponsorship lodged in connection with an application, or proposed application, for a visa or entry permit of a kind specified in Schedule 1; or
(c) a decision by way of an assessment under subsection 30 (1) or 41 (2) of the Act in relation to an application for a visa or entry permit of a kind specified in Schedule 1.
(2) A decision is not an internally reviewable decision if it is:
(a) a decision made:
(i) by the Minister personally; or
(ii) by the Secretary, or a Senior Executive Service
officer, acting as a delegate of the Minister; or
(b) a decision made on, or in connection with, an application for an entry permit lodged by a person who:
(i) became an illegal entrant on entry into Australia
by reason of subsection 14 (2) of the Act; and
(ii) was an illegal entrant by reason of that
subsection when he or she lodged the application; or
(c) a decision made in respect of an application for an entry permit lodged as a result of a notification by the Tribunal to the applicant under paragraph 121 (2) (a) of the Act.
(3) A decision to refuse a permanent entry permit after the applicant's entry into Australia is not an internally reviewable decision unless:
(a) the applicant held a temporary entry permit that was not subject to the condition referred to in paragraph 33 (4) (a) of the Act when he or she applied for the permanent entry permit; or
(b) in the case of an application lodged by the applicant at the same time as an application for a Group 2.5 (Extended eligibility) entry permit:
(i) the second-mentioned application is approved; or
(ii) if the second-mentioned application is refused,
that refusal is internally reviewable; or
(c) in the case of an application for an entry permit Class 802, 804, 805 or 806 - the applicant was not the holder, at the time of lodging the application, of:
(i) a Group 2.3 or Group 2.4 visa or entry permit
granted under the Migration (1993) Regulations; or
(ii) a visitor visa or an equivalent entry permit
granted on an application made before the commencement of those Regulations; or
(d) the decision is to refuse an entry permit of 1 of the following classes:
(i) class 815;
(ii) class 816;
(iii) class 818.
(5) A decision is not an internally reviewable decision if it is a decision to refuse:
(a) a temporary entry permit of a kind specified in column 2 of an item in Part 2 of Schedule 1 to the Migration (1993) Regulations to an applicant who held, when he or she applied for the entry permit, a Group 2.2 (Student) visa or entry permit that was granted for the primary purpose of enabling him or her to study a full-time English language course as a student paying full fees; or
(b) an entry permit to an applicant who held, on or after entry into Australia, a visa or entry permit granted subject to a condition specified in paragraph 23 (4) (b) or 33 (4) (b) of the Act; or
(c) a prescribed permit, within the meaning of Part 3.
(6) A decision to reject a nomination or sponsorship lodged in connection with an application or proposed application for a visa or entry permit of a kind specified in the Schedule is an internally reviewable decision only if:
(a) where such an application has been lodged - no decision in respect of the application has been notified to the person lodging the application; and
(b) whether or not such an application has been lodged - some person would have, in the event of lodgment and refusal of the application, a right of review of the decision in respect of the application.
(7) This regulation has effect subject to regulation 44A.
MIGRATION (REVIEW) (1993) REGULATIONS - PART 2
PART 2 - INTERNAL REVIEW
MIGRATION (REVIEW) (1993) REGULATIONS - REG 5
Review officer to conduct review
5. A review officer must conduct a review of an internally reviewable decision if:
(a) an application for review of the decision that complies with these Regulations has been lodged in accordance with these Regulations; and
(b) the appropriate fee, if payable, has been paid.
MIGRATION (REVIEW) (1993) REGULATIONS - REG 6
Review officers
6. The officers who are to conduct reviews for the purposes of section 115 of the Act are the following officers:
(a) any officer of the Department appointed by name for that purpose by instrument of the Secretary; and
(b) any officer who, for the time being, is performing the duties of a position in the Department the position number of which is designated in writing by the Secretary for the purposes of this provision.
MIGRATION (REVIEW) (1993) REGULATIONS - REG 7
Applications for internal review and fee payable
7. (1) An application for internal review must:
(a) be in a form approved by the Minister; and
(b) contain:
(i) the name and address of the applicant for review;
and
(ii) a brief statement of the capacity in which the
applicant applies for review; and
(iii) details of the decision to which the application
relates; and
(iv) if the application is in relation to a decision
refusing to grant a visa or an entry permit and the applicant for the review was not also the applicant for the visa or entry permit - the name and address of that last-mentioned applicant; and
(c) unless the Secretary makes a determination under regulation 8 in relation to the application - be accompanied by the fee specified in subregulation (2).
(2) The fee payable in connection with the internal review of a decision is a fee of $200.
MIGRATION (REVIEW) (1993) REGULATIONS - REG 8
Waiver of fee for internal review
8. The Secretary may determine that the fee on an application for internal review should not be paid if he or she is satisfied that payment of the fee has caused, or will cause, the applicant severe financial hardship.
MIGRATION (REVIEW) (1993) REGULATIONS - REG 9
Lodgment of application
9. (1) Subject to this regulation, an application for internal review must be lodged at an office of the Department in Australia:
(a) by posting the application to that office; or
(b) by leaving it in a box at that office designated for the lodgment of such applications; or
(c) by leaving it with a person employed by the Department at that office and authorised to receive such documents.
(2) An application posted in accordance with paragraph (1) (a) is not to be taken to have been lodged until received at an office of the Department.
(3) An application for internal review in respect of a person in custody under the Act must comply with the requirements of regulation 41 as if the references in that regulation to review by a review authority were references to internal review.
MIGRATION (REVIEW) (1993) REGULATIONS - REG 10
Refund of fee for internal review
10. (1) The amount of a fee paid on an application for internal review is to be refunded if:
(a) the decision to which the review relates is set aside or varied by a review authority; or
(aa) the review authority, acting under paragraph 118 (4) (ba) of the Act, remits for reconsideration the prescribed matter to which the review relates; or
(b) under regulation 8, the Secretary determines that the fee should not be paid; or
(c) the applicant is not entitled to apply for such a review; or
(d) the decision to which the application relates is not subject to internal review; or
(e) the Minister has given a certificate as referred to in subsection 120 (2) of the Act in relation to the decision to which the application relates.
(2) If an application for internal review is withdrawn, the fee paid on the application is to be refunded if:
(a) the application is withdrawn because the death has occurred, since the application was lodged, of:
(i) the applicant for the visa or entry permit that
was the subject of the application; or
(ii) a member of that applicant's family unit; or
(b) the application is withdrawn because the applicant for the visa or entry permit that was the subject of the application has been granted a visa or entry permit of that kind otherwise than in circumstances specified in paragraph 10 (3) (a) or (b) or 35 (3) (a) or (b).
(3) The fee paid on an application for internal review is not to be refunded if, before the review is determined:
(a) the Minister has reconsidered the initial application and the applicant's score on the reconsideration is more than or equal to the applicable pass mark; or
(b) the applicant for the review is granted an entry permit on an application made following a notification by a review officer under subsection 121 (2) of the Act.
MIGRATION (REVIEW) (1993) REGULATIONS - REG 11
Notice of decision in relation to internal review
11. (1) Subject to regulation 45, the review officer who makes a decision on an internal review must give to, or serve on, the applicant for the review notice in writing of the decision.
(2) The notice must be given or served not later than 10 days after making the decision.
(3) If the review officer does not set aside the decision to which the review relates, the notice must set out:
(a) the decision of the review officer; and
(b) the reasons for the decision, including brief reference to the findings and evidence on any material questions of fact.
MIGRATION (REVIEW) (1993) REGULATIONS - PART 3
PART 3 - REVIEW OF DECISIONS CONCERNING CLASS 784 (DOMESTIC
PROTECTION (TEMPORARY)) ENTRY PERMITS
MIGRATION (REVIEW) (1993) REGULATIONS - REG 12
Interpretation
12. In this Part, "prescribed permit" means a Class 784 (Domestic protection (temporary)) entry permit.
MIGRATION (REVIEW) (1993) REGULATIONS - REG 13
Restriction on application of Parts 2, 4 and 5 in relation
to review of decisions to refuse prescribed permits
13. (1) An application to review a decision to refuse a prescribed permit may be made only under this Part.
(2) Parts 2, 4 and 5 do not apply to an application for review under this Part except as expressly provided by this Part.
MIGRATION (REVIEW) (1993) REGULATIONS - REG 14
Certain review officers to conduct review of decisions to
refuse prescribed permits
14. (1) A review officer specified in subregulation (2) must conduct a review of a decision to refuse a prescribed permit if an application for review of the decision has been lodged in accordance with this Part.
(2) A review officer who conducts a review referred to in subregulation (1) must be:
(a) an officer of the Department appointed by name, in writing, for the purposes of this regulation, by the Secretary; or
(b) an officer for the time being performing the duties of a position in the Department the position number of which is designated, in writing, for the purposes of this regulation, by the Secretary.
MIGRATION (REVIEW) (1993) REGULATIONS - REG 15
Application for review and fee payable
15. (1) An application for review of a decision to refuse a prescribed permit must be made on a form approved by the Minister for the purpose and contain details sufficient to identify the decision.
(2) The application must be accompanied by a fee of $30 unless the fee has been waived under subregulation (3) or the applicant is the Secretary.
(3) The Secretary may determine that the fee on an application for review of a decision to refuse a prescribed permit should not be paid if he or she is satisfied that payment of the fee has caused, or will cause, severe financial hardship to the applicant for review.
MIGRATION (REVIEW) (1993) REGULATIONS - REG 16
Persons who may apply under this Part
16. (1) The applicant for a prescribed permit may apply for review of a decision to refuse the permit, but only if he or she was lawfully present in Australia when the application for the permit was lodged.
(2) The Secretary may apply for review of a decision to refuse a prescribed permit.
MIGRATION (REVIEW) (1993) REGULATIONS - REG 17
Refund of fee if application allowed
17. Regulation 10 applies in relation to reviews under this Part as if references in that regulation to internal review were references to review under this Part.
MIGRATION (REVIEW) (1993) REGULATIONS - REG 18
Notice of decision in relation to application
18. (1) Subregulations 11 (1) and (2) apply in relation to reviews under this Part.
(2) In the application of subregulation 11 (1) to this Part, the reference in subregulation 11 (1) to internal review is taken to be a reference to review under this Part.
MIGRATION (REVIEW) (1993) REGULATIONS - REG 19
Review authority
19. Regulations 38 and 39 apply in relation to reviews under this Part.
MIGRATION (REVIEW) (1993) REGULATIONS - REG 20
Time limits in relation to application
20. Regulation 40 applies in relation to reviews under this Part as if references in that regulation to a decision were references to a decision to refuse a prescribed permit within the meaning of this Part.
MIGRATION (REVIEW) (1993) REGULATIONS - REG 21
Persons in custody
21. Regulation 41 applies in relation to reviews under this Part with the following modifications:
(a) references to internal review are taken to be references to review under this Part; and
(b) subparagraph 41 (1) (a) (ii) is taken to be omitted; and
(c) references to the Tribunal and a registry of the Tribunal are taken to be omitted.
MIGRATION (REVIEW) (1993) REGULATIONS - REG 22
Delegation by Secretary in relation to application
22. Regulation 44 applies in relation to reviews under this Part.
MIGRATION (REVIEW) (1993) REGULATIONS - REG 22A
Sunset provision
22A. No application may be made under this Part on or after 1 July 1993.
MIGRATION (REVIEW) (1993) REGULATIONS - PART 4
PART 4 - REVIEW BY TRIBUNAL
MIGRATION (REVIEW) (1993) REGULATIONS - REG 23
Jurisdiction of the Tribunal
23. (1) Subject to this regulation, the Tribunal is to review an IRT reviewable decision if an application for review of the decision is made in accordance with these Regulations.
(2) In the case of a decision to refuse to grant a Class 812 (December 1989 (permanent)) entry permit, subregulation (1) applies only if the applicant for the permit:
(a) was a prohibited non-citizen on or before 18 December 1989; and
(b) had not been detained in custody under section 92 or 93 of the Act before lodgment of the application for the permit.
(3) This regulation has effect subject to regulation 44A.
MIGRATION (REVIEW) (1993) REGULATIONS - REG 24
Prescribed number of Senior Members and of members
24. For the purposes of section 151 of the Act:
(a) the prescribed number of Senior Members is 6; and
(b) the prescribed number of members is 50.
MIGRATION (REVIEW) (1993) REGULATIONS - REG 25
Powers of Tribunal on review
25. The Tribunal has recommendatory powers in relation to the review of a decision made by the Minister personally.
MIGRATION (REVIEW) (1993) REGULATIONS - REG 26
Application for review by Tribunal and fee payable
26. (1) An application for review by the Tribunal:
(a) is to be in a form approved by the Minister and must contain:
(i) the name and address of the applicant for review;
and
(ii) a brief statement of the capacity in which the
applicant applies for review; and
(iii) details of the decision to which the application
relates; and
(iv) if the application is in relation to a decision
refusing to grant a visa or an entry permit and the applicant for the review was not also the applicant for the visa or entry permit - the name and address of that last-mentioned applicant; and
(b) unless the Registrar, or a Deputy Registrar, of the Tribunal makes a determination under regulation 27 - must be accompanied by the fee specified in subregulation (2).
(2) A fee of $300 is payable for the review by the Tribunal of a decision unless the fee is waived under regulation 27.
MIGRATION (REVIEW) (1993) REGULATIONS - REG 27
Waiver of fee for review by Tribunal
27. The Registrar, or a Deputy Registrar, of the Tribunal may determine that the fee on review by the Tribunal of a decision should not be paid if he or she is satisfied that payment of the fee has caused, or will cause, the applicant for review severe financial hardship.
MIGRATION (REVIEW) (1993) REGULATIONS - REG 28
Lodgment of application
28. (1) An application for review by the Tribunal must be lodged at a registry of the Tribunal:
(a) by posting the application to that registry; or
(b) by leaving it at that registry in a box designated for the lodgment of such applications; or
(c) by leaving it with a person employed at that registry and authorised to receive such documents.
(2) An application posted in accordance with paragraph (1) (a) is not to be taken to have been lodged until received at a registry of the Tribunal.
MIGRATION (REVIEW) (1993) REGULATIONS - REG 29
Prescribed number of copies - subsection 122 (2) of the Act
29. For the purposes of subsection 122 (2) of the Act, the prescribed number of copies is:
(a) in respect of a statement referred to in paragraph 122 (2) (a) of the Act - 2 copies; and
(b) in respect of each document or part of a document referred to in paragraph 122 (2) (b) of the Act - 1 copy.
MIGRATION (REVIEW) (1993) REGULATIONS - REG 30
Time limits in relation to other evidence
30. (1) The person who is required to provide to the Tribunal other evidence referred to in paragraph 130 (1) (b) of the Act must provide the evidence:
(a) if provided personally - not later than 10 days; or
(b) if provided by post from a place in Australia:
(i) not later than 14 days; or
(ii) if the Tribunal so directs - not later than 28
days; or
(c) if provided by post from a place outside Australia:
(i) not later than 30 days; or
(ii) if the Tribunal so directs - not later than 70
days;
after the Tribunal has required the evidence to be obtained.
(2) For the purposes of this regulation, evidence is not to be taken to be provided until received at a registry of the Tribunal.
MIGRATION (REVIEW) (1993) REGULATIONS - REG 31
Summons to attend before Tribunal
31. A summons referred to in subsection 132 (3) of the Act may be served on a person:
(a) by delivering the summons to the person personally or to a person duly authorised to receive documents on behalf of that first-mentioned person; or
(b) by leaving it at the last-known place of residence of the person with a person apparently an occupant of that place and apparently not less than 16 years of age; or
(c) by sending the summons by certified post to the last-known place of residence of that person.
MIGRATION (REVIEW) (1993) REGULATIONS - REG 32
Fees for persons giving evidence
32. (1) For the purposes of subsection 145 (1) of the Act, the fees and allowances for expenses to be paid to a person summoned to appear before the Tribunal in relation to a review by the Tribunal are the fees and allowances in accordance with the scale in Schedule 2 to the Administrative Appeals Tribunal Regulations as in force from time to time.
(2) The presiding member of the Tribunal is to determine the fees and allowances (if any) payable to a person under subregulation (1).
MIGRATION (REVIEW) (1993) REGULATIONS - REG 33
Prescribed allowances - section 155 of the Act
33. (1) For the purposes of section 155 of the Act, the following allowance is prescribed for a Principal Member in relation to attendance at any business in respect of his or her duties as Principal Member, namely, an allowance of $6.63 in relation to each day or part of a day on which he or she so attends in respect of those duties.
(2) The allowance under subregulation (1) is not payable in respect of a Saturday or Sunday, a public holiday or any day on which the Principal Member is officially on leave from his or her duties.
MIGRATION (REVIEW) (1993) REGULATIONS - REG 34
Duties, powers and functions of officers of Tribunal
34. Each officer of the Tribunal has the following duties, powers and functions:
(a) to issue a summons by the presiding member in relation to a review for the purposes of paragraph 132 (3) (a) or (b) of the Act;
(b) to obtain documents in connection with the review of a decision;
(c) to direct attendance at a registry of the Tribunal in connection with the review of a decision.
MIGRATION (REVIEW) (1993) REGULATIONS - REG 35
Refund of fee for review by Tribunal
35. (1) The amount of a fee paid on an application for review by the Tribunal is to be refunded if:
(a) the decision to which the review relates is set aside or varied; or
(aa) the Tribunal, acting under paragraph 118 (4) (ba) of the Act, remits for reconsideration the prescribed matter to which the review relates; or
(b) the Registrar, or a Deputy Registrar, under regulation 27, determines that the fee should not be paid; or
(c) the applicant is not entitled to apply for such a review; or
(d) the decision to which the application relates is not subject to review by the Tribunal; or
(e) the Minister has given a certificate as referred to in subsection 120 (2) of the Act in relation to the decision to which the application relates.
(2) If an application for review by the Tribunal is withdrawn, the fee paid on the application is to be refunded if:
(a) the application is withdrawn because the death has occurred, since the application was lodged, of:
(i) the applicant for the visa or entry permit that
was the subject of the application; or
(ii) a member of that applicant's family unit; or
(b) the application is withdrawn because the applicant for the visa or entry permit that was the subject of the application has been granted a visa or entry permit of that kind otherwise than in circumstances specified in paragraph 10 (3) (a) or (b) or 35 (3) (b) or (c).
(3) The fee paid on an application for review by the Tribunal is not to be refunded if, before the review is determined:
(b) the Minister has reconsidered the initial application and the applicant's score on the reconsideration is more than or equal to the applicable pass mark; or
(c) the applicant for the review is granted an entry permit on an application made following a notification by the Tribunal under subsection 121 (2) of the Act.
MIGRATION (REVIEW) (1993) REGULATIONS - PART 5
PART 5 - PROVISIONS RELATING TO REVIEW BY REVIEW AUTHORITY
MIGRATION (REVIEW) (1993) REGULATIONS - REG 36
Individuals and organisations entitled to apply for review
36. (1) This regulation has effect subject to regulation 37.
(2) In this regulation:
"relevant decision" means:
(a) an internally reviewable decision; or
(b) an IRT reviewable decision;
"third party, in relation to an application for a visa or entry permit, means:
(a) an individual (other than the applicant for the visa or entry permit); or
(b) an organisation.
(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.
(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) Subject to subregulation (7), where an application for a visa or entry permit has been lodged, a third party may apply, in accordance with these Regulations, for review of a relevant decision in respect of the application:
(a) if:
(i) the application was for a class of visa or entry
permit that has a prescribed criterion requiring nomination or sponsorship; and
(ii) the third party is a nominator or sponsor of the
applicant; or
(b) if:
(i) the application was for a class of visa or entry
permit specified in an item in the table set out in subregulation (5); and
(ii) particulars relating to the third party were
included in the application; and
(iii) the third party applying for review is an
individual or organisation specified in column 3 of that item; or
(c) in respect of an individual, if:
(i) the application was for a visa Class 154 (Resident
return (A)), Class 155 (Resident return (B)), Class 156 (Resident return (C)), Class 157 (Resident return (D)) or Class 159 (Resident return (F)); and
(ii) the applicant made the application overseas; and
(iii) the third party is an individual who is a close
relative of the applicant.
(5) For the purposes of subparagraph (4) (b) (i), the following table is set out:
Column 1 Column 2
Item No. Class of visa or entry permit
Column 3
Individual or organisation
1. Class 124 (Distinguished talent (Australian support))
an Australian citizen, Australian
permanent resident or Australian
organisation, being an individual or
organisation that has given written
testimony of the applicant's standing
2. Class 419 (Visiting academic)
an Australian tertiary institution or
research institution
3. Class 673 (Close family visitor (short stay))
a close relative who is an Australian
citizen or an Australian permanent resident
4. Class 683 (Close family visitor)
a close relative who is an Australian
citizen or an Australian permanent resident
(6) Subject to subregulation (7), a third party may apply, in accordance with these Regulations, for review of a relevant decision:
(a) if:
(i) the decision is one to reject a nomination or
sponsorship lodged in connection with an application for a visa or entry permit; and
(ii) the third party is the individual or organisation
that lodged the nomination or sponsorship; or
(b) if:
(i) the decision is one by way of an assessment under
subsection 30 (1) or 41 (2) of the Act; and
(ii) the third party is the nominator or sponsor in
relation to the application to which the decision relates.
(7) A third party is not entitled under subregulation (4) or (6) to apply for review of a relevant decision if, at the time of lodgment of the relevant application for a visa or an entry permit:
(a) the third party, if an individual, was not an Australian citizen or an Australian permanent resident; or
(b) in the case of a decision to refuse an entry permit - the applicant for the entry permit did not satisfy the requirements of subregulation (3).
(8) A third party may apply, in accordance with these Regulations, for review of a relevant decision to refuse the nomination or sponsorship by the third party in relation to a proposed application for a visa or entry permit if, at the time of lodgment of the nomination or sponsorship:
(a) the proposed applicant for the visa or entry permit satisfied any requirement of subregulation (3); and
(b) the third party, if an individual, was an Australian citizen or an Australian permanent resident.
MIGRATION (REVIEW) (1993) REGULATIONS - REG 37
Persons who may apply for review of decision to refuse a
December 1989 entry
permit
37. (1) This regulation applies to a person who:
(a) is an Australian citizen or Australian permanent resident; and
(b) has nominated an applicant in relation to an application for a Class 812 (December 1989 (permanent)) entry permit;
if:
(c) the applicant has also applied for a Class 812 (December 1989 (permanent)) entry permit; and
(d) the circumstances specified in subregulation 23 (2) apply in respect of the applicant.
(2) A person to whom this regulation applies may apply for review of a decision to refuse the application mentioned in paragraph (1) (b).
(3) No person other than a person to whom this regulation applies may apply for review of a decision of a kind referred to in subregulation (2).
MIGRATION (REVIEW) (1993) REGULATIONS - REG 38
Decision reviewable once only by particular review
authority
38. A person who is entitled to apply for review of a reviewable decision to a review authority is not entitled to apply more than once to that review authority for review of that decision.
MIGRATION (REVIEW) (1993) REGULATIONS - REG 39
Notice of decision of review authority
39. (1) A notice or statement to be given to an applicant in relation to a decision of a review authority is to be taken to be duly given if the notice or statement is given:
(a) by posting it to the last address for service provided by the applicant in connection with his or her application for review; or
(b) by posting it to the residential address provided by the applicant in his or her application for review; or
(c) by giving it to the applicant or to a person authorised by the applicant to receive such documents on behalf of the applicant; or
(d) by leaving it at the 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) The notice or statement is to be taken to have been received:
(a) if posted to an address in Australia - on the expiry of 5 working days after the day of posting; or
(b) if posted to an address outside Australia - on the expiry of 21 days after the day of posting or on such earlier day as is proved.
(3) It is sufficient compliance with the requirement to give a notice or statement under subregulation (1) if a facsimile or certified copy of the notice or statement is so given.
(4) A document posted in accordance with paragraph (1) (a) or (b) must bear correct pre-paid postage and, if the document is posted to an overseas address, the postage must be at the airmail rate.
MIGRATION (REVIEW) (1993) REGULATIONS - REG 40
Time limits
40. (1) An application for review by a review officer of a decision must be made:
(a) if the applicant is physically present in Australia - within 28 days after the day on which the person to whom the decision relates is taken to have been notified of the decision; or
(b) if the applicant is not physically present in Australia - within 70 days after that day.
(2) An application for review by the Tribunal of a decision must be made:
(a) if the applicant is physically present in Australia - within 28 days after the day on which:
(i) in the case of a decision otherwise than by a
review officer - the person to whom the decision relates is taken to have been notified of the decision; or
(ii) in the case of a decision by a review
officer - the person who applied for review by a review officer is taken to have been notified of the decision; or
(b) if the applicant is not physically present in Australia - within 70 days after the day on which:
(i) in the case of a decision otherwise than by a
review officer - the person to whom the decision relates is taken to have been notified of the decision; or
(ii) in the case of a decision by a review
officer - the person who applied for review by a review officer is taken to have been notified of the decision.
MIGRATION (REVIEW) (1993) REGULATIONS - REG 41
Lodgment of application - persons in custody
41. (1) An application for review by a review authority in respect of a person in custody under the Act:
(a) must be lodged:
(i) in the case of an application for review under
Part 2 or 3 - at an office of the Department; or
(ii) in the case of an application for review by the
Tribunal - at a registry of the Tribunal;
in the State or Territory where the person is in custody; and
(b) is to be so lodged by leaving it at the office or registry, as the case requires, with an officer of the Department.
(2) In order for an application for review by a review authority to be duly lodged, the person lodging it must give notice in writing, in accordance with subregulation (3), to an officer of the Department appointed by the Secretary to be a custody review officer in the relevant State or Territory.
(3) The notice must:
(a) be given to the officer on the day on which the relevant application is lodged; and
(b) state:
(i) the nature of the application and the name of the
person in respect of whom it was lodged; and
(ii) the office or registry at which, and the day on
which, it was lodged; and
(iii) the name of the officer with whom it was lodged.
(4) For the purposes of this regulation, an office occupied by an officer of the Department at an airport or detention centre is to be taken to be an office of the Department, or a registry of the Tribunal, as the case requires.
MIGRATION (REVIEW) (1993) REGULATIONS - REG 42
Service of documents
42. (1) Where:
(a) a document is to be given to, or served on, a person for the purposes of a review under Part 3 of the Act; and
(b) no other provision as to the manner of giving or serving the document is made by the Act or these Regulations;
the document may be given or served:
(c) by giving it to the person personally or to a person duly authorised``to``receive``documents``on``behalf``of`` the``first- mentioned person; or
(d) by posting it to the person at his or her last-known place of residence; or
(e) by leaving it at that place of residence of the person with another person apparently an occupant of that place and apparently not less than 16 years of age.
(2) It is sufficient compliance with a requirement to give or serve a document referred to in subregulation (1) if a facsimile or certified copy of the document is given or served in accordance with that subregulation.
(3) A document posted in accordance with paragraph (1) (d) must bear correct pre-paid postage and, if the document is posted to an overseas address, the postage must be at the airmail rate.
MIGRATION (REVIEW) (1993) REGULATIONS - REG 43
Time when service takes effect
43. (1) A document served on a person in accordance with paragraph 42 (1) (c) or (e) is to be taken to be served on the day on which it is given to the person, or another person, or left at a place of residence, as the case requires.
(2) A document served on a person in accordance with paragraph 42 (1) (d) is to be taken to be served:
(a) if the document is served by post on a person in Australia - on the expiry of 5 working days after the day of posting; or
(b) if the document is served by post on a person outside Australia - on the expiry of 21 days after the day of posting.
MIGRATION (REVIEW) (1993) REGULATIONS - REG 43A
Directions that may be given in relation to review by a
review authority
43A. For the purposes of paragraph 118 (4) (ba) of the Act:
(a) an application, made on or after 19 December 1989, for a visa or an entry permit is a prescribed matter; and
(b) a permissible direction is that the applicant has satisfied a specified criterion for the visa or entry permit.
MIGRATION (REVIEW) (1993) REGULATIONS - PART 6
PART 6 - REFUGEE REVIEW TRIBUNAL
MIGRATION (REVIEW) (1993) REGULATIONS - DIVISION 1
Division 1 - Introductory
MIGRATION (REVIEW) (1993) REGULATIONS - REG 43B
Interpretation
43B. In this Part, expressions defined in section 166A of the Act have the same respective meanings as in Part 4A of the Act.
MIGRATION (REVIEW) (1993) REGULATIONS - DIVISION 2
Division 2 - Tribunal members
MIGRATION (REVIEW) (1993) REGULATIONS - REG 43C
Membership
43C. For the purposes of paragraph 166JA (b) of the Act, the prescribed number of members (other than the Principal Member) of the Tribunal is 100.
MIGRATION (REVIEW) (1993) REGULATIONS - REG 43D
Remuneration and allowances
43D. For the purposes of subsection 166JF (3) of the Act, the remuneration and allowances of the first full-time member (other than the Principal Member) to be appointed are the maximum remuneration and allowances payable to a holder of an office in the Senior Executive Service of the Australian Public Service classified as SES Band 1.
MIGRATION (REVIEW) (1993) REGULATIONS - DIVISION 3
Division 3 - General
MIGRATION (REVIEW) (1993) REGULATIONS - REG 43E
Applications
43E. (1) For the purposes of paragraph 166BA (1) (b) of the Act, each period stated in subregulation (2) is prescribed as the period within which an application for review of an RRT-reviewable decision to which the period applies must be given to the Tribunal.
(2) A period mentioned in subregulation (1) commences on the date on which the applicant is notified of the decision to which the application relates, and ends at the end of:
(a) in the case of an application given to the Tribunal by or for an applicant:
(i) in custody under the Act on that date; or
(ii) detained in a processing area on that date;
7 working days (beginning with the first working day that occurs on or after that date); or
(b) in any other case - 28 days.
(NOTE: As to when service takes effect, see the Migration (1993) Regulations, r. 7.6.)
(3) Subject to this regulation, an application must be lodged at a registry of the Tribunal:
(a) by posting the application to that registry; or
(b) by leaving it at that registry in a box designated for the lodgment of such applications; or
(c) by leaving it with a person employed at that registry and authorised to receive such documents; or
(d) by means of electronic facsimile transmission to that registry.
(4) An application posted in accordance with paragraph (3) (a) or transmitted in accordance with paragraph (3) (d) is not to be taken to have been lodged until it is received at a registry of the Tribunal.
MIGRATION (REVIEW) (1993) REGULATIONS - REG 43F
Notice of lodgment of application - person in custody
43F. (1) This regulation applies in the case of an application for review of an RRT-reviewable decision that is lodged by or for a person who is in custody under the Act or detained in a processing area.
(2) The person lodging it must give notice in writing, in accordance with subregulation (3), to an officer of the Department appointed by the Secretary to be a custody review officer in the relevant State or Territory.
(3) The notice must:
(a) be given to the officer on the day on which the application is lodged; and
(b) state:
(i) the nature of the application and the name of the
person in respect of whom it was lodged; and
(ii) the registry at which it was lodged; and
(iii) if the applicant is assisted by an agent
(whether or not a registered agent within the meaning of Part 2A of the Act), the agent's name and address; and
(iv) the manner in which the application has been
lodged (being a manner specified in subregulation 43E (3)).
(4) Failure to comply with this regulation does not affect the validity of an application.
MIGRATION (REVIEW) (1993) REGULATIONS - REG 43G
Powers of Tribunal
43G. (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)).
(2) For the purposes of paragraphs 166BC (2) (c) of the Act and 43 (1A) (c) of the Administrative Appeals Tribunal Act 1975 (as substituted in relation to an RRT-reviewable decision by section 166HJ of the Act), it is a permissible direction that the applicant must be taken to have satisfied the criteria for the visa or entry permit that are specified in the direction.
MIGRATION (REVIEW) (1993) REGULATIONS - REG 43H
Statement about decision under review - number of copies
43H. For the purposes of subsection 166BF (2) of the Act, the prescribed number of copies of a statement of the kind mentioned in that subsection is 2.
MIGRATION (REVIEW) (1993) REGULATIONS - REG 43J
Time limit for providing evidence
43J. (1) This regulation applies where the Tribunal, acting under paragraph 166DB (1) (b) of the Act, gives a person notice requiring the person to provide evidence to the Tribunal.
(2) If the person is required to provide the evidence in person, he or she must provide the evidence within a period of 10 days after the date of notification.
(3) If the person is required to provide the evidence by post from a place in Australia, he or she must post the evidence in time for it to be received at the registry in due course of post within:
(a) a period of 14 days after the date of notification; or
(b) if the Tribunal directs a longer period, not exceeding 28 days, after the date of notification - that longer period.
(4) If the person is required to provide the evidence by post from a place outside Australia, he or she must post the evidence in time for it to be received at the registry in due course of post within:
(a) a period of 30 days after the date of notification; or
(b) if the Tribunal directs a longer period, not exceeding 70 days, after the date of notification - that longer period.
(5) In requiring a person to provide evidence, the Tribunal is to specify whether the person is required to provide the evidence in person, by post from a place in Australia or by post from a place outside Australia.
MIGRATION (REVIEW) (1993) REGULATIONS - REG 43K
Duties, powers and functions of officers of Tribunal
43K. Each officer of the Tribunal has the following duties, powers and functions:
(a) the issuing of a summons by the Tribunal under paragraph 166DD (3) (a) or (b) of the Act;
(b) the obtaining of documents in connection with the review of an RRT-reviewable decision;
(c) the directing of attendance at a registry of the Tribunal in connection with the review of an RRT-reviewable decision.
MIGRATION (REVIEW) (1993) REGULATIONS - REG 43L
Fees and allowances for persons giving evidence
43L. (1) For the purposes of subsection 166GA (1) of the Act, the fees and allowances for expenses to be paid to a person summoned to appear before the Tribunal in relation to a review by the Tribunal are the fees and allowances in accordance with the scale in Schedule 2 to the Administrative Appeals Tribunal Regulations as in force from time to time.
(2) The presiding member of the Tribunal is to determine the fees and allowances (if any) payable to a person under subregulation (1).
MIGRATION (REVIEW) (1993) REGULATIONS - REG 43M
Notice of Tribunal's decision
43M. A statement to be given to an applicant in relation to a decision of the Tribunal is to be taken to be duly given if, had it been a statement of the kind mentioned in regulation 39, it would be taken under that regulation to be duly given.
MIGRATION (REVIEW) (1993) REGULATIONS - REG 43N
Service of documents
43N. Regulation 42 is taken to apply to service of a document on a person for the purposes of a review under Part 4A of the Act as though paragraph 42 (1) (a) contained a reference to that Part.
MIGRATION (REVIEW) (1993) REGULATIONS - PART 7
PART 7 - MISCELLANEOUS
MIGRATION (REVIEW) (1993) REGULATIONS - REG 44
Delegation by Secretary
44. The Secretary may, by signed instrument, delegate the Secretary's powers under these Regulations.
MIGRATION (REVIEW) (1993) REGULATIONS - REG 44A
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.
MIGRATION (REVIEW) (1993) REGULATIONS - REG 45
Expedited review (Close family visit visas)
45. (1) If:
(a) an application for:
(i) a Class 673 (Close family visitor (short stay))
visa that is refused on the ground that the criterion specified in: (A) clause 673.332 in Chapter 2.4 of Schedule 2 to the Migration (1993) Regulations; or
(AB) clause 673.332A in Chapter 2.4 of that Schedule; or
(B) in relation to public interest criterion 4011 - clause 673.333 in Chapter 2.4 of that Schedule; is not met; or
(ii) a Class 683 (Close family visitor) visa is
refused on the ground that the criterion specified in: (A) clause 683.332 in Chapter 2.3 of that Schedule; or
(AB) clause 683.332A in Chapter 2.3 of that Schedule; or
(B) in relation to public interest criterion 4011 - clause 683.333 in Chapter 2.3 of that Schedule; is not met; and
(b) the application was made for the purposes of participation by the applicant in an event of special family significance in which the applicant is directly concerned; and
(c) the applicant identified, in the application, the circumstances referred to in paragraph (b); and
(d) the application was made at such time before the event referred to in paragraph (b) as would allow, in the event of refusal of the application, for internal review, and review by the Tribunal, of that refusal;
the refusal must be reviewed immediately by a review officer on receipt of an application for internal review.
(2) A decision of a review officer must be reviewed immediately by the Tribunal on receipt of an application for review of the decision.
(3) A review authority must give notice of its decision in respect of an application for review to the applicant as soon as practicable.
MIGRATION (REVIEW) (1993) REGULATIONS - REG 46
Application
46. These Regulations apply only to decisions made in relation to an application, a nomination or a sponsorship (as the case requires) lodged under the Migration (1993) Regulations.
MIGRATION (REVIEW) (1993) REGULATIONS - REG 47
Repeal of Migration (Review) Regulations
47. Statutory Rules 1989 No. 412, 1990 Nos. 110, 238, 280 and 400, 1991 Nos. 3, 61, 202 and 298 and 1992 No. 113 are repealed.
MIGRATION (REVIEW) (1993) REGULATIONS - REG 48
Transitional
48. (1) In spite of the repeal, by regulation 47, of the Migration (Review) Regulations, those Regulations continue to apply, subject to this regulation, to matters arising in connection with applications, nominations or sponsorships lodged under the Migration (1989) Regulations.
(NOTE: Applications for review of decisions, whenever made, in relation to applications, etc., lodged before 1 February 1993 are still to be made under the Migration (Review) Regulations, and not under these Regulations.)
(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.
(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).)
MIGRATION (REVIEW) (1993) REGULATIONS - SCHEDULE 1 SCH
SCHEDULE 1 Subregulation 4 (1)
VISAS AND ENTRY PERMITS TO WHICH INTERNAL REVIEW IS APPLICABLE
PART 1 - RESIDENT RETURN VISAS
Column 1 Column 2
Item No. Class of visas
1 Class 154 (Resident
return (A))
2 Class 155 (Resident
return (B))
3 Class 156 (Resident
return (C))
4 Class 157 (Resident
return (D))
5 Class 159 (Resident
return (F))
PART 2 - OTHER VISAS AND CORRESPONDING ENTRY PERMITS
Column 1 Column 2
Item No. Class of visas or
entry permit
1 Class 100 (Spouse)
2 Class 101 (Child)
3 Class 102 (Adoption)
4 Class 103 (Parent)
5 Class 104 (Preferential
family)
6 Class 105 (Concessional
family)
6A Class 120 (Employer
nomination)
6B Class 121 (Labour agreement)
7 Class 124 (Distinguished
talent (Australian
support))
8 Class 150 (Former citizen)
9 Class 151 (Former resident)
10 Class 300 (Prospective marriage)
11 Class 305 (Interdependency
(temporary))
12 Class 418 (Educational)
13 Class 420 (Entertainment)
14 Class 413 (Executive
(overseas))
15 Class 414 (Specialist
(overseas))
16 Class 425 (Family relationship)
17 Class 423 (Media and film staff)
18 Class 422 (Medical practitioner)
19 Class 428 (Religious worker)
20 Class 421 (Sport)
21 Class 431 (Restricted passport)
(visa only)
22 Class 430 (Supported dependant)
23 Class 419 (Visiting academic)
24 Class 683 (Close family visitor)
25 Class 673 (Close family visitor
(short stay))
PART 3 - OTHER ENTRY PERMITS
Column 1 Column 2
Item No. Entry permits
1 Class 801 (Spouse (after entry))
2 Class 802 (Child (after entry))
3 Class 804 (Aged parent (after
entry))
4 Class 805 (Skilled occupation)
5 Class 806 (Family and other close
ties (after entry))
6 Class 808 (Confirmatory)
7 Class 814 (Interdependency
(permanent))
7A Class 815 (PRC (permanent))
7B Class 816 (Special (permanent))
7C Class 818 (highly qualified
on-shore (permanent))
8 Class 820 (Extended eligibility
(spouse))
9 Class 826 (Extended eligibility
(interdependency))
MIGRATION (REVIEW) (1993) REGULATIONS - SCHEDULE 2 SCH
SCHEDULE 2 Subregulation 48 (4)
MODIFICATIONS OF REPEALED MIGRATION (REVIEW) REGULATIONS
201. Regulation 2A (Internally reviewable decisions)
201.1 Add at the end:
"(7) This regulation has effect subject to regulation 28A.".
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".
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.".
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".
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.".
0
0
0