Migration (Review) Regulations (Amendment) (Cth)
I,
THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice
of the Federal Executive Council, make the following Regulations under the
Dated 27 June 1991.
BILL HAYDEN
Governor-General
By His Excellency’s Command,
GERRY HAND
Minister of State for Immigration,
Local Government and Ethnic Affairs
1.1 The Migration (Review) Regulations are amended as set out in these Regulations.
2.1 Subregulation 2 (1) (definition of “equivalent”):
Omit the definition.
3.1 Subparagraph 2a (2) (a) (ii):
Omit “the Secretary, or Senior”, substitute “by the Secretary, or a Senior”.
3.2 Subregulation 2a (2):
Add at the end:
“;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.”.
3.3 Paragraph 2a (3) (b):
Omit the paragraph, substitute:
“(b) in the case of an application lodged by the applicant at the same time as an application for an extended eligibility entry permit:
(i) the second-mentioned application is refused; and
(ii) that refusal is internally reviewable.”.
4.1 After regulation 2a, insert:
“2b. (1) For the purposes of paragraph 120 (1) (a) of the Act, each of the following decisions is prescribed:
(a) a decision to refuse a domestic protection (temporary) entry permit under regulation 117a of the Migration Regulations;
(b) a decision to refuse a December 1989 (temporary) entry permit under regulation 131a of the Migration Regulations;
(c) a decision to refuse a December 1989 (permanent) entry permit under regulation 142c of the Migration Regulations.
“(2) A reference in subregulation (1) to the Migration Regulations is a reference to those Regulations as in force on 30 June 1991.”.
5.1 Subregulation 8 (1):
Omit “The review officer”, substitute “Subject to regulation 30, the review officer”.
6.1 Subregulation 21 (3):
Omit “or a decision by way of an assessment under under subsection 30 (1) or 41 (2) of the Act in relation to the application for the visa or entry permit”.
6.2 Subregulation 21 (5) (table):
Omit “Business or joint venture”, substitute “business (joint venture)”.
7.1 Subregulation 21c (1):
Omit “paragraph 9 (1) (c)”, substitute “subregulation 9 (2)”.
8.1 After regulation 29, insert:
“30. (1) If:
(a) an application for a close family visit visa is refused on the ground that the criterion specified in paragraph 89 (aa) of the Migration Regulations 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 the circumstances referred to in paragraph (b) in the application; 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.”.
9.1 Part 3:
Omit all items after item 6, substitute:
“7 extended eligibility (spouse)
8 extended eligibility (economic)
9 extended eligibility (family)
10 extended eligibility (interdependency)
11 interdependency (permanent)”.
1.
Notified in the
2. Statutory Rules 1989 No.412 as amended by 1990 Nos. 110, 238, 280 and 400; 1991 Nos. 3 and 61.
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