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 24 September 1991.
BILL HAYDEN
Governor-General
By His Excellency’s Command,
ROBERT RAY
Minister of State for Defence for and on behalf of the Minister of State for Immigration, Local Government and Ethnic Affairs
1.1 Regulation 11 is taken to heve commenced on 26 June 1991.
2.1 The Migration (Review) Regulations are amended as set out in these Regulations.
3.1 Subregulation 2 (1) (definition of “IRT reviewable decision”, paragraph (d)):
Omit “in respect of”, substitute “is a decision in respect of”.
4.1 Paragraph 2a (5) (b):
Omit “to refuse”, substitute “a decision to refuse”.
5.1 Subregulation 5 (2):
Omit “$150.”, substitute “$200.”.
6.1 Subregulation 7 (2):
After paragraph (c) insert:
“or (d) the application is withdrawn because the death has occurred, since the application was lodged, of: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
(e) the application is withdrawn because the applicant for the visa or entry permit that was the subject of the application has been granted a visa or entry permit of that kind otherwise than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 7 (3) (b) or (c) or 20 (3) (b) or (c);”.
6.2 Paragraph 7 (3) (a):
Omit “withdrawn;”, substitute “withdrawn otherwise than in circumstances specified in paragraph (2) (d) or (e);”
7.1 Subparagraph 8e (1) (b) (ii):
Omit “permit; and”, substitute “permit.”.
7.2 Paragraph 8e (1) (b):
Omit “has not become an illegal entrant after 1 July 1991.”.
8.1 Subregulation 20 (2):
After paragraph (c) insert:
“or (d) the application is withdrawn because the death has occurred, since the application was lodged, of: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
(e) the application is withdrawn because the applicant for the visa or entry permit that was the subject of the application has been granted a visa or entry permit of that kind otherwise than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 7 (3) (b) or (c) or 20 (3) (b) or (c);”.
8.2 Paragraph 20 (3) (a):
Omit “withdrawn;”, substitute “withdrawn otherwise than in circumstances specified in paragraph (2) (d) or (e);”
9.1 Subregulation 21 (4):
After “review of”, insert “a relevant decision in respect of”.
10.1 Subregulation 21c (1):
Omit “A person”, substitute “An Australian citizen or Australian permanent resident”.
11.1 Omit the regulation, substitute:
“24. (1) An application for review by a review officer of a decison 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 decison 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.”.
1. Notified in the
2. Statutory Rules 1989 No. 412 as amended by 1990 Nos. 110, 238, 280 and 400; 1991 Nos. 3, 61 and 202.
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