Migration (Review) Regulations (Amendment) (Cth)

   

Statutory

Rules1991No. 3 1

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Migration (Review) Regulations 2(Amendment)

  

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Migration Act 1958.

 

Dated 15 January 1991.

  

  BILL HAYDEN

 Governor-General

By His Excellency’s Command,

   

NEAL BLEWETT

Minister of State for Trade Negotiations

for and on behalf of the

Minister of State for Immigration,

Local Government and Ethnic Affairs

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1.   Amendment

 

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

  

2.   Regulation 9 (Review by Tribunal)

2.1    Subregulation (1):

Add at the end:

 

• “(c)

  a decision to refuse an application for a December 1989 (temporary) entry permit or a December 1989 (permanent) entry permit if the applicant for the permit:

   (i) was a prohibited non-citizen before 19 December 1989; and

   (ii) had not been arrested under section 92 or 93 of the Act:

 (A) after 10 December 1990; and

 (B) before the application was lodged.”.

  

3.   Regulation 21 (Persons who may apply for review by review authority)

3.1    Subregulation (1):

Omit “21A and 21B.”, substitute “21A, 21B and 21C.”.

 

4.   New Regulation 21C

 

4.1    After regulation 21B, insert:

 

Persons who may apply for review of decision to refuse a

December 1989 entry permit

“ 21C. (1)  A person who nominated an applicant in relation to an application for a December 1989 (temporary) entry permit may apply for review of:

(a)

a decision to refuse that application; or

• (b)

  where the applicant has been granted an entry permit of that kind, a decision to refuse the applicant's application for a December 1989 (permanent) entry permit;

if the circumstances specified in paragraph 9 (1) (c) apply in respect of the applicant.

“(2)No person other than a person referred to in subregulation (1) may apply for review of a decision of the kind referred to in that subregulation.

 “(3) Subregulation 21A (2) does not apply in relation to an application to review a decision of a kind referred to in paragraph (1) (a) or (b).”.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 22 January 1991.

2. Statutory Rules 1989 No. 412 as amended by 1990 Nos. 110, 238, 280 and 400.