Migration (Haiti - United Nations Security Council Resolutions) Regulations 1994 No. 151
EXPLANATORY STATEMENT
STATUTORY RULES 1994 No. 151
Issued by the Authority of the Minister for Immigration and Ethnic Affairs
Subject - Migration Act 1958
Migration (Haiti - United Nations Security Council Resolutions) Regulations
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, for carrying out or giving effect to the Act. Without limiting the generality of section 181, section 23 of the Act enables, amongst other things, regulations to be made providing, amongst other things, for the grant, refusal and cancellation of visas, and section 33 of the Act enables regulations to be made providing, amongst other things, for the grant, refusal and cancellation of entry permits.
The purpose of the Regulations is, consistent with the objectives of implementing the United Nations Security Council Resolution 917 of 5 May 1994, to provide that the Minister must not grant a visa or entry permit to persons connected with the Haitian coup d'etat of 1991, the Haitian military and police forces, the present administration of Haiti, and their immediate families, unless the Minister is satisfied that granting the visa or entry permit will not infringe Australia's obligations under international law.
The Regulations also provide that the Minister must not grant a visa or entry permit to persons engaged in business activities with Haiti, unless the activities involve foodstuffs, medical supplies or informational material, or unless the Minister has granted permission in writing for a person to engage in such business activities where the Minister is satisfied that permitting the activity would not infringe Australia's obligations under international law. The Regulations give the Minister power to cancel a visa or entry permit held by any person who engages in the prohibited business activities, unless the person is an Australian citizen or an Australian permanent resident.
Details of the Regulations are:
Regulation 1 - Citation
This regulation gives the title of the Regulations.
Regulation 2 - Interpretation
This regulation defines the meaning of three terms used in the Regulations, unless the contrary intention appears.
Regulation 3 - Application
This regulation provides for the Regulations to operate in addition to, and despite any provision to the contrary in, any other Regulations made under the Migration Act 1958.
Regulation 4 - Visas and entry permits not to be granted to certain persons
This regulation prescribes the persons who are prevented by the Regulations from being granted a visa or entry permit. These persons are those connected with the Haitian coup d'etat of 1991, the Haitian police and military forces, the present administration of Haiti, and their immediate families.
Regulation 5 - Visas and entry permits not to be granted in certain circumstances
This regulation prevents the grant of visas and entry permits to persons engaged in business activities with Haiti, unless the activities involve foodstuffs, medical supplies or informational materials, or unless the Minister is satisfied that permitting the activity will not infringe Australia's obligations under international law. The regulation also gives the Minister the power to cancel any visa or entry permit held by a person engaging in a prohibited activity, unless the person is an Australian citizen or an Australian permanent resident.
The Regulations commence on gazettal.
Overview
The Migration (Haiti - United Nations Security Council Resolutions) Regulations 1994 were enacted to address the need for Australia to align its migration policies with international sanctions imposed on Haiti following the 1991 coup d'état. These regulations, issued under the authority of the Minister for Immigration and Ethnic Affairs, serve to implement the United Nations Security Council Resolution 917 of 5 May 1994. The objective of these regulations is to ensure that Australia does not facilitate the entry of individuals associated with the Haitian coup, the military and police forces, the present administration of Haiti, and their immediate families, unless it can be assured that such entry does not contravene Australia's international obligations. Furthermore, the regulations restrict the issuance of visas and entry permits to individuals engaged in business activities with Haiti, except where the activities pertain to foodstuffs, medical supplies, or informational materials, or where the Minister has expressly approved such activities, ensuring they do not breach international law. These measures underscore Australia's commitment to upholding international sanctions and its obligations under the United Nations Security Council resolutions.
Scope and Application
The Migration (Haiti - United Nations Security Council Resolutions) Regulations 1994 No. 151 apply to persons connected with the Haitian coup d'etat of 1991, the Haitian military and police forces, the present administration of Haiti, and their immediate families, as well as to individuals engaged in business activities with Haiti, unless those activities involve foodstuffs, medical supplies, or informational material. These regulations are a subset of the broader Migration Act 1958 and are designed to ensure that Australia complies with its international obligations under United Nations Security Council Resolution 917. The Regulations operate nationally and provide the Minister for Immigration and Ethnic Affairs with the authority to refuse or cancel visas and entry permits for those specified individuals and under certain business activities, unless exceptions are granted in writing by the Minister, confirming that such actions do not infringe upon Australia's international law obligations. The Regulations come into effect upon gazettal and are subject to amendment through subordinate instruments as required.
Key Provisions
The Migration (Haiti - United Nations Security Council Resolutions) Regulations 1994 No. 151, pursuant to section 181 of the Migration Act 1958, specify the conditions under which visas and entry permits cannot be granted to certain individuals in accordance with international obligations. According to Regulation 4, the Minister is prohibited from issuing visas or entry permits to individuals associated with the 1991 Haitian coup d'état, the Haitian military and police forces, the current administration of Haiti, and their immediate family members, unless it is determined that doing so would not violate Australia's international commitments. Furthermore, Regulation 5 stipulates that visas and entry permits will not be granted to individuals involved in business activities with Haiti, except for those involving foodstuffs, medical supplies, or informational materials. The Minister may only permit such business activities if they are satisfied that such permission does not infringe upon Australia's international obligations. Additionally, the Minister has the authority to revoke any visa or entry permit held by an individual engaged in prohibited business activities, provided the individual is not an Australian citizen or permanent resident.
The Regulations impose specific obligations on the Minister for Immigration and Ethnic Affairs, requiring a thorough assessment before granting visas or entry permits to individuals who are subject to the restrictions outlined in Regulations 4 and 5. The Minister must ensure that issuing a visa or permit would not contravene Australia's international obligations, particularly in relation to United Nations Security Council Resolution 917 of 5 May 1994. This includes a rigorous evaluation of any proposed business activities with Haiti to ascertain that they fall within the permitted categories or do not conflict with international law. Furthermore, the Minister retains the authority to cancel existing visas or entry permits of individuals involved in prohibited business activities, subject to the exemption for Australian citizens and permanent residents.
The Migration (Haiti - United Nations Security Council Resolutions) Regulations 1994 No. 151 establish clear consequences for non-compliance with its provisions. While the explanatory statement does not explicitly enumerate specific offences or penalties within the text, it is understood that any breach of the Act or the Regulations may lead to administrative or legal actions. Such breaches could potentially result in the cancellation of visas or entry permits, deportation, or other administrative measures taken against the offending individual. Additionally, any failure to comply with the Regulations may have broader legal implications, including potential civil or criminal penalties as outlined in the Migration Act 1958 or other relevant legislation, although the maximum penalties are not detailed in the explanatory statement.