Migration (Iraq—United Nations Security Council Resolutions) Regulations (Amendment)

Overview

The Migration (Iraq - United Nations Security Council Resolutions) Regulations (Amendment) 1997 No. 403, issued under the authority of the Minister for Immigration and Multicultural Affairs, were enacted to implement United Nations Security Council Resolution 1137 (1997) and prevent the issuance of visas to members of the target group specified in the resolution, including Iraqi officials and members of the armed forces who were responsible for non-compliance with the resolution. The Regulations amend the Migration (Iraq - United Nations Security Council Resolutions) Regulations by adding criteria for the grant of visas, ensuring that applicants are not members of the target group, except in cases where entry is authorised by the Committee established under United Nations Security Council Resolution 661 (1990), or where the applicant is carrying out a bona fide diplomatic assignment. This legislative action underscores Australia's commitment to international sanctions and compliance with UN resolutions.

Scope and Application

The Migration (Iraq - United Nations Security Council Resolutions) Regulations (Amendment) 1997 No. 403 apply to individuals who seek a visa under the Migration Act 1958 and who are part of the target group as specified in United Nations Security Council Resolution 1137 (1997). This includes Iraqi officials and members of the Iraqi armed forces who were involved in non-compliance actions as described in the resolution, such as obstructing the entry of Special Commission officials. These Regulations are designed to prevent the grant of any visas to members of this target group, thereby enforcing the sanctions imposed by the United Nations. The Regulations extend to the entire Commonwealth of Australia and are applicable to all visa applicants who fall within the defined criteria. There are specific exemptions included within the Regulations: if the Minister is satisfied that the visa applicant's entry is authorised or their mission is approved by the Committee established under United Nations Security Council Resolution 661 (1990), or if the applicant is engaged in a bona fide diplomatic assignment. The Regulations come into effect upon gazettal and may be further defined or amended through subordinate instruments made under the authority of the Migration Act 1958.

Key Provisions

The main operative sections of these Regulations are Regulations 1 and 2, which amend the existing Migration (Iraq - United Nations Security Council Resolutions) Regulations. Regulation 1 provides the mechanism for these amendments, while Regulation 2 introduces new subregulations 5(4) and 5(5) into the existing regulations. Subregulation 5(4) establishes that a key criterion for the grant of any class of visa is that the Minister must be satisfied that the applicant is not a member of the target group, as defined by the United Nations Security Council Resolution 1137 (1997). Subregulation 5(5) provides exceptions to this criterion, such as when entry is authorised by the Committee established under United Nations Security Council Resolution 661 (1990), or when the person is carrying out a bona fide diplomatic assignment. These Regulations impose several obligations on the parties involved, particularly the Minister for Immigration and Multicultural Affairs. The Minister must ensure that visa applicants are assessed against the criteria set out in subregulation 5(4), which involves determining whether the applicant is a member of the target group. The Minister must also consider the exceptions provided in subregulation 5(5) to determine if they apply to the applicant in question. The Regulations thus require a thorough review of the applicant's circumstances, including their connection to Iraq and any relevant diplomatic missions or assignments. The Regulations do not explicitly outline specific offences or penalties for breach, but any failure to comply with the visa grant criteria could lead to the refusal of a visa application, which is a significant consequence. Under the Migration Act 1958, non-compliance with visa criteria can result in the cancellation of visas already granted, which could lead to the deportation of the individual concerned. Furthermore, if an individual who is a member of the target group is found to have entered Australia under false pretences or by circumventing these Regulations, they could face additional penalties under other sections of the Migration Act, including fines and imprisonment. In summary, these Regulations amend existing visa grant criteria to align with the objectives of United Nations Security Council Resolution 1137 (1997). They impose specific obligations on the Minister to assess visa applicants against these criteria and to consider the exceptions provided. While the Regulations do not specify penalties for non-compliance, breaches could result in serious consequences under the Migration Act 1958, including visa refusals, cancellations, and potential criminal penalties for fraudulent entry.