Migration Amendment Regulations 1999 (No. 16)

Overview

The Migration Amendment Regulations 1999 (No. 16) were enacted to address the issue of holders of a Subclass 785 visa, commonly known as temporary protection visas, being eligible to travel outside and return to Australia. These regulations were issued under the authority of the Minister for Immigration and Multicultural Affairs and are intended to amend the Migration Regulations 1994 to ensure that individuals holding or whose last substantive visa was a Subclass 785 visa are ineligible to apply for a Bridging B (Class WB) visa, which would permit travel outside and re-entry to Australia. The policy objective is to restrict the ability of certain visa holders to leave and return to Australia, thereby maintaining control over the immigration status of these individuals. The Regulations came into effect on 16 December 1999, and they specifically apply to applications for a Bridging B (Class WB) visa made before and after this date, ensuring a consistent application of the new eligibility criteria.

Scope and Application

The Migration Amendment Regulations 1999 (No. 16) apply to the Migration Act 1958 and the Migration Regulations 1994, specifically targeting holders of a Subclass 785 visa, which is a temporary protection visa. These regulations are designed to ensure that individuals holding or who have held a Subclass 785 visa are ineligible to travel outside and re-enter Australia. This ineligibility extends to applications for a Bridging B (Class WB) visa, which would otherwise allow such individuals to leave and return to Australia. The regulations have a Commonwealth jurisdictional reach and are intended to amend the Migration Regulations 1994 to enforce this restriction. The amendments will apply to applications for a Bridging B (Class WB) visa made before and after the commencement date of the Regulations, which is 16 December 1999. The regulations do not explicitly state any exclusions or exemptions but imply that those not holding or previously holding a Subclass 785 visa would not be subject to these restrictions. The Regulations may be further extended or restricted through subordinate instruments as necessary to ensure compliance with the Migration Act 1958.

Key Provisions

The Migration Amendment Regulations 1999 (No. 16) make significant changes to the Migration Regulations 1994, particularly concerning the eligibility of holders of a Subclass 785 visa to apply for a Bridging B (Class WB) visa. Regulation 3 of these amendments, as detailed in Schedule 1, explicitly states that applicants for a Bridging B (Class WB) visa must not currently hold a Subclass 785 visa or have had their last substantive visa as a Subclass 785 visa. This is articulated in the new paragraph 1302(3)(bb) inserted into the Migration Regulations, which aims to prevent such individuals from travelling outside and returning to Australia. The changes will take effect on 16 December 1999, as per Regulation 2. These Regulations impose specific obligations on individuals who hold or have held a Subclass 785 visa. They are now ineligible to apply for a Bridging B (Class WB) visa, effectively barring them from leaving the country and re-entering. This amendment applies both to applications made before the commencement date and those made on or after 16 December 1999, as clarified in Regulation 4. This means that anyone holding such a visa must remain within Australia and cannot seek the Bridging B (Class WB) visa, which would otherwise allow for travel outside the country and re-entry. Failure to comply with these provisions could lead to serious consequences. Although the specific offences and penalties are not detailed in the provided text, it is clear that non-compliance with these regulations could result in civil or criminal consequences. Typically, breaches of migration regulations can lead to fines, imprisonment, or both, depending on the severity of the breach. Given the nature of the amendments, any attempt by a holder of a Subclass 785 visa to circumvent these regulations by applying for a Bridging B (Class WB) visa could lead to enforcement actions by immigration authorities.