Migration (Angola - United Nations Security Council Resolutions) Regulations 1997 No. 404
EXPLANATORY STATEMENT
STATUTORY RULES 1997 No. 404
Issued by the Authority of the Minister for Immigration and Multicultural Affairs
Migration Act 1958
Migration (Angola - United Nations Security Council Resolutions) Regulations
Section 504 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, for carrying out or giving effect to the Act. In addition, subsection 31(3) of the Act enables regulations to be made to prescribe the criteria for a visa and paragraph 116(1)(g) of the Act enables regulations to be made prescribing grounds for the cancellation of visas.
The purpose of the Regulations is to implement the objectives of United Nations Security Council Resolution 1135 (1997), which imposes sanctions against senior officials of the Uniao Nacional para a Independencia Total de Angola ("UNITA") movement and all adult members of their immediate family ("the target group"). The effect of the Regulations is to prevent the grant of any visas to members of the target group. Provision is also made for the cancellation of a visa held by a member of the target group.
Details of the Regulations are as follows.
Regulation 1 - Citation
This regulation provides that these Regulations may be cited as the Migration (Angola United Nations Security Council Resolutions) Regulations.
Regulation 2 - Definitions
This regulation defines the meaning of the terms "Act" and "Committee" in these Regulations. Act is defined to mean the Migration Act 1958. Committee is defined to mean the Committee established under the United Nations Security Council Resolution 864 (1993).
Regulation 3 - Application
This regulation provides that these Regulations apply in addition to, and spite any provision to the contrary in, any other Regulations made under the Act. The main effect of this regulation is that applicants must meet the criterion prescribed in these Regulations irrespective of the class of visa for which they have applied. This is in addition to the criteria prescribed for that class under the Migration Regulations.
Regulation 4 - Special criterion for grant of visa
This regulation prescribes a special criterion to be satisfied by an applicant for a visa of any class.
Subregulation 4(1) provides that the criterion mentioned in subregulation 4(2) is applicable at the time of decision, to an applicant for any class of visa.
Subregulation 4(2) provides that an applicant must not be a person who is designated by the Committee as a senior official, or an adult member of the immediate family of a senior official of UNITA. Subregulation 4(3) provides that this regulation does not apply if the Minister is satisfied that:
* the person is an official who is necessary for the full functioning of the Angolan Government of Unity and National Reconciliation, the Angolan National Assembly or the Joint Commission established under the Lusaka Protocal; or
* there is a medical emergency.
Regulation 5 - Cancellation of visa
This regulation prescribes that for the purposes of paragraph 116(1)(g) of the Act, it is a ground for the, cancellation of a visa held by a person if the Minister is satisfied that the regulation 4 of these Regulations applies to that person. The Regulations commence on gazettal.
Overview
The Migration (Angola - United Nations Security Council Resolutions) Regulations 1997, enacted under the authority of the Minister for Immigration and Multicultural Affairs, were introduced to address the need for implementing United Nations Security Council Resolution 1135 (1997) within Australian migration law. This legislative measure aims to enforce the sanctions imposed by the resolution, which targets senior officials of the Uniao Nacional para a Independencia Total de Angola (UNITA) and their adult family members. The primary policy objective of these regulations is to prevent the issuance of visas to members of this designated group, thereby upholding the international sanctions and promoting compliance with United Nations directives. This legislative action underscores Australia's commitment to international peace and security by ensuring that its immigration policies align with global resolutions aimed at conflict resolution and humanitarian efforts in Angola.
Scope and Application
The Migration (Angola - United Nations Security Council Resolutions) Regulations 1997 No. 404 are subsidiary legislation under the Migration Act 1958, designed to implement United Nations Security Council Resolution 1135 (1997), which imposes sanctions against senior officials of the Uniao Nacional para a Independencia Total de Angola (UNITA) and their immediate family members. These Regulations apply to any individual seeking to enter Australia by way of a visa, specifically targeting the designated individuals from Angola. The Regulations mandate that such individuals must not be granted a visa unless the Minister determines that their presence is essential for the functioning of the Angolan government or due to a medical emergency. Additionally, these Regulations permit the cancellation of visas held by individuals who subsequently fall under the criteria of being designated by the United Nations Security Council Committee as a senior official or an adult member of their immediate family. The Regulations extend to all classes of visas and override any contrary provisions in other regulations made under the Act.
Key Provisions
The Migration (Angola - United Nations Security Council Resolutions) Regulations 1997 No. 404 primarily serve to implement the objectives of United Nations Security Council Resolution 1135 (1997), which imposes sanctions on specific members of the Uniao Nacional para a Independencia Total de Angola (UNITA) movement and their immediate family members. Regulation 3 asserts that these Regulations apply in addition to any other Regulations made under the Migration Act 1958, ensuring that the special criterion for visa grants outlined in these Regulations is considered regardless of the visa class applied for. Regulation 4 sets a special criterion for visa applications, stipulating that an applicant must not be designated by the Committee as a senior official or an immediate family member of such an official unless certain exceptions apply, such as necessity for the functioning of the Angolan government or a medical emergency.
Under these Regulations, applicants for any class of visa must satisfy the criterion that they are not part of the target group specified in Resolution 1135. This criterion is enforceable irrespective of other visa application criteria. If an applicant is found to be part of the target group, their visa application will be denied unless the Minister is satisfied that they fall under the specified exceptions. Regulation 5 further details the grounds for visa cancellation, stating that if the Minister is satisfied that an individual falls under the criterion specified in Regulation 4, their visa may be cancelled.
The Regulations impose significant obligations on applicants seeking a visa under the Migration Act 1958. They must ensure they do not fall under the designated target group and provide any necessary documentation or justification if they are deemed an exception. The Minister holds the discretion to determine whether an applicant falls under the special criterion and whether any exceptions apply, which adds a layer of responsibility to the application process. Furthermore, these Regulations establish clear grounds for the cancellation of a visa if it is determined that the visa holder is part of the target group.
For breaches of these Regulations, the primary consequences revolve around the denial of a visa and the potential cancellation of an existing visa. Regulation 5 explicitly states that the Minister may cancel a visa if it is determined that the visa holder meets the criteria outlined in Regulation 4. There is no specified maximum penalty for these actions within the Regulations themselves, but the underlying authority to make these determinations is derived from the Migration Act 1958, which may include additional legal consequences. These could include civil or administrative penalties for misrepresentation or fraud related to visa applications, as well as potential criminal charges for serious breaches of immigration laws.