Migration (Angola - United Nations Security Council Resolutions) Repeal Regulations 2003

Overview

The Migration (Angola - United Nations Security Council Resolutions) Repeal Regulations 2003 (No. 231) were enacted to address the need for Australia to comply with the lifting of United Nations Security Council sanctions against Uniao Nacional para a Independencia Total de Angola (UNITA), as stipulated in Resolution 1448 (2002). This repeal was necessary following the resolution adopted on 9 December 2002, which lifted the sanctions imposed by earlier resolutions, including UNSC Resolution 1127 (1997) and Resolution 1172 (1997). These earlier resolutions had restricted the entry and presence of senior UNITA officials and their immediate adult family members in Australia. The regulations were issued under the authority of the Minister for Immigration and Multicultural and Indigenous Affairs, pursuant to the Migration Act 1958. The primary objective of these regulations is to ensure that Australia aligns with its international obligations under the Charter of the United Nations by allowing senior members of UNITA and their immediate adult family members to enter and remain in Australia, thereby repealing the previous restrictions on their visas.

Scope and Application

The Migration (Angola - United Nations Security Council Resolutions) Repeal Regulations 2003 No. 231 applies to the repeal of existing migration regulations that were specifically targeting senior officials of Uniao Nacional para a Independencia Total de Angola (UNITA) and their immediate adult family members, in line with the United Nations Security Council Resolution 1172 (1997). This repeal is necessitated by the subsequent Resolution 1448 (2002), which lifted the sanctions against UNITA, thereby aligning Australia's migration policy with the international obligations under the Charter of the United Nations. These regulations aim to ensure Australia’s compliance with international obligations by repealing the previous restrictions on entry and visa cancellation for senior UNITA officials and their immediate adult family members, allowing them to enter and remain in Australia without the previous grounds for cancellation under the Migration Act 1958. These regulations do not specify any conditions or thresholds for their application and are applicable nationwide as a federal regulation under the authority of the Minister for Immigration and Multicultural and Indigenous Affairs.

Key Provisions

The Migration (Angola - United Nations Security Council Resolutions) Repeal Regulations 2003 No. 231, under the authority of the Migration Act 1958, primarily serve to repeal existing regulations that were put in place to prevent entry into Australia of senior officials from Uniao Nacional para a Independencia Total de Angola (UNITA) and their immediate adult family members (Regulation 3). These regulations were enacted in response to a United Nations Security Council (UNSC) resolution in 1997, which imposed sanctions on UNITA due to their failure to implement peace accords with the Angolan government. The repeal of these regulations, as mandated by the Act, allows for the lifting of the restrictions on entry and stay for these individuals in Australia (Regulation 3). The regulations impose specific obligations on the entities they govern. Firstly, they require Australia to align its immigration policies with the decisions of the UNSC, particularly in the context of lifting sanctions against UNITA as per Resolution 1448 (2002) (Subsection 504(1)). Secondly, they ensure that the criteria for visas, as outlined in the Act, are adjusted to reflect the changes in international sanctions (Subsection 31(3)). Furthermore, the Act's provisions regarding the cancellation of visas (Subsection 116(1)(g)) are amended to no longer consider being a senior official of UNITA or their immediate adult family member as grounds for visa cancellation. Breaches of the provisions outlined in the regulations can lead to civil and criminal consequences. For instance, non-compliance with the repealed regulations could result in the illegal entry of individuals who were previously subject to entry bans. This can lead to potential legal actions against both the individuals and those who facilitated their entry. Under the Migration Act 1958, penalties for such breaches can include fines and imprisonment, with specific penalties varying depending on the nature and severity of the offence. It is important to note that the Act does not specify particular conditions that must be met before the power to make these regulations can be exercised. The regulations themselves, however, ensure that Australia remains compliant with its international obligations under the Charter of the United Nations.