Migration (Review) Regulations (Amendment) (Cth)

Statutory Rules 1990 No. 2801

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Migration (Review) Regulations2 (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 30 August 1990.

BILL HAYDEN

Governor-General

By His Excellency’s Command,

WENDY FATIN

Minister of State for Local Government 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 5 (Application for internal review and fee payable)

2.1 Paragraph 5 (1) (b):

Omit “must”, substitute “must, unless the Secretary makes a determination under regulation 5a,”.

3. New regulation 5a

3.1 After regulation 5 insert:

Waiver of fee for internal review

“5a. The Secretary may determine that the fee referred to in regulation 5 should not be paid if he or she is satisfied that payment of the fee has, or will, cause the applicant for review severe financial hardship.”.

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

4.1 Subregulation 7 (1):

Omit the subregulation, substitute:

“(1) The fee paid in connection with an 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

(b) under regulation 5a, the Secretary determines that the fee should not be paid.”.

5. Regulation 12 (Application for review by Tribunal and fee payable)

5.1 Paragraph 12 (1) (b):

Omit “must”, substitute “must, unless the Registrar, or a Deputy Registrar, of the Tribunal makes a determination under regulation 12a,”.

6. New regulation 12a

6.1 After regulation 12 insert:

Waiver of fee for review by Tribunal

“12a. The Registrar, or a Deputy Registrar, of the Tribunal may determine that the fee referred to in regulation 12 should not be paid if he or she is satisfied that payment of the fee has, or will, cause the applicant for review severe financial hardship.”.

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

7.1 Subregulation 20 (1):

Omit the subregulation, substitute:

“(1) The fee paid in connection with a review by the Tribunal is to be refunded if:

(a) the decision to which the review relates is set aside or varied; or

(b) the Registrar, or a Deputy Registrar, under regulation 5a, determines that the fee should not be paid.”.

 

NOTE

1. Notified in the Commonwealth of Australia Gazette on 31 August 1990.

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