Migration (1993) Regulations (Amendment) 1993 No. 175
EXPLANATORY STATEMENT STATUTORY RULES 1993 No. 175
Issued by the Authority of the Minister for Immigration and Ethnic Affairs
Migration Act 1958
Migration (1993) Regulations (Amendment)
Section 181 of the Migration Act 1958 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, to prescribe all matters which are required or permitted by the Act to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.
In addition, regulations are prescribed pursuant to the following powers:
- section 22AB of the Act provides that regulations may prescribe the procedure for the determination of refugee status;
- subsection 166JF(3) of the Act provides that the regulations may provide for the remuneration and allowances of members of the Refugee Review Tribunal (the RRT) other than the Principal Member.
The purpose of the Regulations is to provide,
in Regulation 1, for these regulations to commence on 1 July 1993.
Part 4A of the Act, which was inserted by the Migration Reform Act 1992. incorporated into the Act a regime for reviewing decisions on refugee status applications and decisions on applications for visas and entry permits for which one of the criteria is that the applicant is a person to whom Australia has protection obligations under the Convention and Protocol Relating to the Status of Refugees, and for the creation of the RRT to conduct such reviews. Divisions 1, 9 and 10 of Part 4A relate to the establishment and membership of the RRT and commenced operation on 17 December 1992. Divisions 2 to 8 of Part 4A relate to the operation of the RRT and will commence operation on 1 July 1993.
The commencement of these regulations coincides with the commencement of those provisions of the Migration Reform Act 1992 which relate to the operation of the RRT.
in Regulation 2, for the Migration (1993) Regulations to be amended as set out in these Regulations.
in Regulation 3, for the insertion of a new regulation 2A. 10A in Division 2 of Part 2A -Determination of Refugee Status - of the Migration (1993) Regulations
which provides that no application, under Division 2, to review a decision to refuse a refugee status application may be made on or after 1 July 1993. Any such applications will be considered by the RRT under Part 4A of the Act.
in Regulation 4, for the omission of regulation 7.20A of the Migration (1993) Regulations which provided that the first person appointed as a member of the RRT must be paid the maximum remuneration and allowances payable to a holder of an office in the Senior Executive Service of the Australian Public Service classified as SES Band 1. The content of that provision was transferred to regulation 43D of the Migration (Review) (1993) Regulations so that all provisions relating to the RRT are co-located.
The regulations commence on 1 July 1993.
Overview
The Migration (1993) Regulations (Amendment) 1993 No. 175 is a statutory instrument issued under the authority of the Minister for Immigration and Ethnic Affairs, aimed at amending the existing Migration (1993) Regulations. These amendments are necessary to align with the provisions of the Migration Reform Act 1992, particularly those establishing a regime for reviewing decisions on refugee status applications and the creation of the Refugee Review Tribunal (RRT) to conduct such reviews. The policy objective of these amendments is to ensure a seamless integration of the new regulatory framework with the existing legislative structure, facilitating the efficient operation of the RRT as it begins to review refugee status applications from 1 July 1993. This aligns with the overarching goal of providing a structured and systematic approach to the review of refugee status applications in Australia.
Scope and Application
The Migration (1993) Regulations (Amendment) No. 175 amends the Migration (1993) Regulations to implement provisions of the Migration Reform Act 1992, specifically those concerning the Refugee Review Tribunal (RRT). The regulations apply to all persons and entities involved in the review of decisions on refugee status applications and entry permit applications where the applicant claims obligations under the Convention and Protocol Relating to the Status of Refugees. These regulations are applicable nationally and are made under the authority of the Migration Act 1958 and other specified sections of the Act. The amendments include changes to the procedure for determining refugee status, the remuneration and allowances for members of the RRT, and the commencement date for the operation of the RRT. Notably, the regulations prohibit applications for the review of refugee status decisions from being made after 1 July 1993, with such applications instead being handled by the RRT under the new regime. Additionally, provisions regarding the remuneration of the first RRT member have been relocated to ensure all RRT-related regulations are consolidated. The regulations took effect on 1 July 1993, aligning with the commencement of the relevant sections of the Migration Reform Act 1992.
Key Provisions
The main operative sections of these regulations are set out in Regulations 1 to 4. Regulation 1 provides that these regulations commence on 1 July 1993. Regulation 2 details the amendments to the Migration (1993) Regulations, including the insertion of a new regulation 2A. 10A (Regulation 3) and the omission of regulation 7.20A (Regulation 4). Regulation 3 specifies that applications to review a decision to refuse a refugee status application cannot be made on or after 1 July 1993, and any such applications will be considered by the RRT under Part 4A of the Act. Regulation 4 removes the provision relating to the remuneration of the first member of the RRT, transferring its content to regulation 43D of the Migration (Review) (1993) Regulations to ensure all provisions relating to the RRT are co-located.
The obligations and requirements imposed by these regulations include ensuring that any application to review a decision to refuse a refugee status application is made before 1 July 1993, as applications submitted after this date will be considered by the RRT under Part 4A of the Act. The regulations also require the transfer of provisions related to the remuneration of the first member of the RRT to regulation 43D of the Migration (Review) (1993) Regulations. These amendments ensure the coherence and proper functioning of the RRT and its role in reviewing decisions on refugee status applications.
Offences and penalties for non-compliance with these regulations are not explicitly stated in the provided explanatory statement. However, general provisions within the Migration Act 1958 may apply, which could include administrative penalties or other consequences for not adhering to the regulations. It is important to note that specific penalties would need to be referred to in the context of the broader legislative framework.
The civil or criminal consequences for breach of these regulations may include administrative penalties or other enforcement actions as provided under the Migration Act 1958. The maximum penalties for breaches of the Migration Act can vary significantly depending on the specific provisions being breached, but they can include fines, imprisonment, or both. For example, the maximum penalty for contravening a visa condition can be up to $22,200 or three years imprisonment, or both, as outlined in section 231 of the Migration Act 1958. It is essential to refer to the specific sections of the Act for precise details on penalties for non-compliance with the regulations.