Migration (Iraq—United Nations Security Council Resolutions) Regulations

Migration (Iraq — United Nations Security Council Resolutions) Regulations

Statutory Rules 1994 No. 265 as amended

Consolidated as in force on 26 February 1999

(includes amendments up to SR 1997 No. 403)

Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra

Migration (Iraq — United Nations Security Council Resolutions) Regulations

Statutory Rules 1994  No. 265 as amended

Contents

Page

 1 Citation [see Note 1] 2

 2 Commencement 2

 3 Interpretation 2

 4 Application 2

 5 Special criteria for grant of visa 2

 6 Cancellation of visa 3

 7 Repeal 4

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1 Citation [see Note 1]

  These regulations may be cited as the Migration (Iraq — United Nations Security Council Resolutions) Regulations.

2 Commencement

  These regulations commence on 1 September 1994.

3 Interpretation

  In these regulations, unless the contrary intention appears:

Act means the Migration Act 1958.

alien means a person who is not:

 (a) an Australian citizen; or

 (b) an Australian permanent resident (within the meaning of the Migration Regulations).

4 Application

  These provisions apply in addition to, and despite any provision to the contrary in, any other regulations under the Act.

5 Special criteria for grant of visa

 (1) Subject to subregulation (2), it is a criterion applicable (at the time of decision) to an application for a visa of any class that the Minister is satisfied that the applicant will not engage, or would, if permitted to enter Australia, be unlikely to engage within Australia, in an activity that:

 (a) involves the sale or supply of any commodity or product:

 (i) to any person or organisation in Iraq; or

 (ii) to any person or organisation, whether in Australia or overseas, for the purposes (whether direct or indirect) of any business carried on in, or operated from, Iraq; or

 (b) promotes, or is calculated to promote, a sale or supply of that kind.

 (2) Subregulation (1) does not apply to an activity that:

 (a) relates solely to the sale or supply of:

 (i) foodstuffs; or

 (ii) goods intended solely for medical purposes; or

 (b) is done in accordance with a permission under subregulation (3).

 (3) The Minister may grant a permission in writing to an alien to engage in an activity specified in subregulation (1) if the Minister is satisfied that permitting the activity will not infringe Australia’s obligations under international law.

 (4) Subject to subregulation (5), it is a criterion applicable (at the time of decision) to an applicant for a visa of any class that the Minister is satisfied that the applicant is not an Iraqi official, or a member of the Iraqi armed forces, who was responsible for, or participated in, the instances of non-compliance mentioned in paragraph 1 of United Nations Security Council Resolution 1137 (1997).

 (5) Subregulation (4) does not apply if the Minister is satisfied that:

 (a) the entry is authorised, or the mission is approved, by the Committee established by United Nations Security Council Resolution 661 (1990); or

 (b) the person is carrying out a bona fide diplomatic assignment.

6 Cancellation of visa

  For the purposes of paragraph 116 (1) (g) of the Act, if the Minister is satisfied that an alien has engaged, within Australia, in an activity to which subregulation 5 (1) applies, that is a prescribed ground for the Minister to cancel a visa held by the alien.

7 Repeal

  Statutory Rules 1991 No. 222 are repealed.

Notes to the Migration (Iraq—United Nations Security Council Resolutions) Regulations

Note 1

The Migration (Iraq — United Nations Security Council Resolutions) Regulations (in force under the Migration Act 1958) as shown in this reprint comprise Statutory Rules 1994 No. 265 amended as indicated in the Tables below.

Table of Statutory Rules

Table of Amendments