Migration (Haiti-United Nations Security Council Resolutions) Regulations (Repeal)

Overview

The Migration (Haiti - United Nations Security Council Resolutions) Regulations (Repeal) 1994 No. 402, enacted under the authority of the Minister for Immigration and Ethnic Affairs, aims to repeal the Migration (Haiti - United Nations Security Council Resolutions) Regulations 1994 No. 267. This repeal follows the lifting of United Nations Security Council sanctions against Haiti, as outlined in Security Council Resolution 944 of 1994. The original regulations were established in response to the 1991 Haitian coup d'état, imposing restrictions on visa issuance to individuals associated with the Haitian military, police forces, and government administration, as well as those engaged in certain business activities with Haiti. With the resolution of the crisis, the policy objective of these regulations has been fulfilled, leading to their repeal to align with the current international and domestic legal context.

Scope and Application

The Migration (Haiti - United Nations Security Council Resolutions) Regulations (Repeal) 1994 No. 402 apply to the repeal of the previously established Migration (Haiti - United Nations Security Council Resolutions) Regulations (Statutory Rules 1994 No. 267) which were enacted to implement the United Nations Security Council Resolution No. 917 of 5 May 1994. These Regulations imposed restrictions on visa issuance to individuals connected with the 1991 Haitian coup d'etat, the Haitian military and police forces, and the Haitian administration, along with their immediate families. They also restricted visa issuance to persons engaging in specific business activities with Haiti and provided for the cancellation of non-permanent visas for those conducting such activities within Australia. The repeal of these Regulations follows the lifting of sanctions against Haiti by the United Nations Security Council Resolution No. 944 on 16 October 1994, making it appropriate to eliminate the specific provisions that were tied to those sanctions. The repeal is effective from 12 December 1994, as outlined in Regulation 1, and the Regulations themselves are repealed pursuant to Regulation 2.

Key Provisions

The Migration (Haiti - United Nations Security Council Resolutions) Regulations (Repeal) 1994 No. 402 primarily operate by repealing the existing Migration (Haiti - United Nations Security Council Resolutions) Regulations 1994 No. 267, which were implemented to enforce sanctions against Haiti due to the coup d'etat in 1991. The repeal of these Regulations is justified as the sanctions imposed by the United Nations Security Council Resolution (UNSCR) No. 917 were lifted on 16 October 1994, as per UNSCR No. 944. Regulation 1 sets the commencement date of the repealing Regulations as 12 December 1994, while Regulation 2 formally repeals the previous Regulations (section 2). The Act imposes several obligations and requirements on the parties and entities it governs. Under the Migration Act 1958, the Minister for Immigration and Ethnic Affairs is authorised to make regulations that are consistent with the Act, as stated in section 504. The Regulations must align with the objectives and provisions of the Act, including the criteria for visa issuance and grounds for visa cancellation, as outlined in sections 31(3) and 116(1)(g) respectively. The Regulations must ensure that all actions taken under them are in accordance with the overarching principles of the Migration Act. The repealed Regulations previously imposed restrictions on visa issuance to individuals connected with the Haitian coup d'etat of 1991, the Haitian military and police forces, the administration of Haiti, and their immediate families. Additionally, they restricted the issuance of visas to persons engaging in specific business activities with Haiti and allowed for the cancellation of non-permanent visas held by those involved in such activities within Australia. With the repeal of these Regulations, these specific restrictions are no longer in effect. There are no direct offences, penalties, or civil/criminal consequences outlined in the repealing Regulations themselves, as their purpose is to remove existing restrictions. However, any breach of the Migration Act 1958 or its regulations may result in civil or criminal penalties as prescribed by the Act. For example, unauthorised entry, stay, or work in Australia could lead to penalties under section 118, which may include fines and imprisonment. The maximum penalties can vary depending on the specific breach, but they are detailed within the broader framework of the Migration Act.