Migration (Review) Regulations (Amendment) (Cth)

Statutory Rules 1990 No. 1101

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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 29 May 1990.

BILL HAYDEN

Governor-General

By His Excellency’s Command,

NICK BOLKUS

Minister of State for Administrative Services for and on behalf of the

Minister of State for Immigration, Local Government and Ethnic Affairs

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Principal Regulations

1. In these Regulations, “Principal Regulations” means the Migration (Review) Regulations.

Decisions subject to internal review

2. Regulation 3 of the Principal Regulations is amended by omitting from paragraph (4) (b) “valid” (twice occurring).

Persons who may apply for review by review authority

3. Regulation 21 of the Principal Regulations is amended:

(a) by omitting subregulation (1) and substituting the following subregulation:

“(1) This regulation applies subject to regulations 21a and 21b.”;

(b) by omitting subregulation (6).

4. After regulation 21 of the Principal Regulations the following regulations are inserted:

Restrictions on applications for review

“21a. (1) A person (other than a person referred to in regulation 21B) whose application for an entry permit has been refused may apply under regulation 21 for review of the decision to refuse the application, only if the person was lawfully present in Australia when he or she made the application for the entry permit.

“(2) A person (other than an applicant for a visa or entry permit) may apply under regulation 21 for review of a decision to refuse an application for a visa or for an entry permit (in this subregulation called the ‘relevant application’) only if, when the relevant application was made:

(a) the person was an Australian citizen; or

(b) the person was a lawful resident of Australia who:

(i) was present in Australia; or

(ii) was normally resident in, and had authority to return to, Australia;

and if, where the relevant application was for an entry permit:

(c) the person who made the relevant application was, when he or she made it:

(i) lawfully present in Australia; or

(ii) a person referred to in regulation 2lB.

Illegal entrants who may apply for review

“21b. A person:

(a) who was an illegal entrant on 19 December 1989; and

(b) who applies, or has applied, for an entry permit on or after that date and before 1 July 1990;

is not subject to a requirement of regulation 21 that the person be lawfully present in Australia at the time of making an application for review under that regulation.”.

Time limits

5. Regulation 24 of the Principal Regulations is amended by omitting from subregulation (3) “is not validly made unless” and substituting “must, except where regulation 21b applies, be”.

NOTES

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

2. Statutory Rules 1989 No. 412.