Migration (Liberia — United Nations Security Council Resolutions) Regulations 2001
Statutory Rules 2001 No. 241 as amended
made under the
Migration Act 1958
This compilation was prepared on 2 April 2005
taking into account amendments up to SR 2004 No. 392
Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra
Contents
1 Name of Regulations [see Note 1]
2 Commencement
3 Definitions
4 Application
4A Designated persons
5 Special criterion for grant of visas
6 Prescribed ground for cancelling visas (Act s 116)
Notes
1 Name of Regulations [see Note 1]
These Regulations are the Migration (Liberia — United Nations Security Council Resolutions) Regulations 2001.
2 Commencement
These Regulations commence on 1 November 2001.
3 Definitions
In these Regulations:
Act means the Migration Act 1958.
Committee means the committee established under paragraph 21 of Resolution 1521.
designated person means a person to whom a Gazette Notice mentioned in regulation 4A relates.
Resolution 1521 means United Nations Security Council Resolution No. 1521 (2003).
4 Application
These Regulations apply in addition to, and despite any provision to the contrary in, any other Regulations under the Act.
4A Designated persons
The Minister may specify in a Gazette Notice for this regulation a person whose name appears on a list of individuals published by the Committee, and who is subject to measures imposed by a United Nations Security Council Resolution concerning Liberia.
5 Special criterion for grant of visas
(1) This regulation applies in relation to an application for a visa:
(a) made, but not finally determined (within the meaning of subsection 5 (9) of the Act), before 2 April 2005; or
(b) made on or after 2 April 2005.
(2) It is a criterion applicable (at the time of decision) to an application for a visa of any class by a designated person that the Minister is satisfied that:
(a) the Committee has determined that the designated person’s travel:
(i) is justified on the grounds of humanitarian need, including religious obligation; or
(ii) would further the objectives of the United Nations Security Council’s resolutions for the creation of peace, stability and democracy in Liberia and lasting peace in the West Africa subregion; or
(b) there are compelling reasons to grant the visa to the designated person.
Note The criteria relating to the application of United Nations Security Council Resolutions No. 1343 (2001) and No. 1478 (2003) were set out in these Regulations before 2 April 2005, and remain applicable to applications for visas finally determined before that date.
6 Prescribed ground for cancelling visas (Act s 116)
(1) This regulation applies to a visa granted on, before or after 2 April 2005.
(2) For paragraph 116 (1) (g) of the Act, it is a prescribed ground for cancelling a visa (other than a visa granted on the basis that the applicant satisfied the criterion in subregulation 5 (2)) that the holder of the visa is, or becomes, a designated person.
(3) For subsection 116 (2) of the Act, the Minister is not to cancel a visa on the ground prescribed under subregulation (2) if the Minister is satisfied that:
(a) the Committee has determined that the designated person’s travel to, or continued stay in, Australia:
(i) is justified on the grounds of humanitarian need, including religious obligation; or
(ii) would further the objectives of the United Nations Security Council’s resolutions for the creation of peace, stability and democracy in Liberia and lasting peace in the West Africa subregion; or
(b) there are compelling reasons for the designated person to continue to hold the visa.
Notes to the Migration (Liberia — United Nations Security Council Resolutions) Regulations 2001
Note 1
The Migration (Liberia — United Nations Security Council Resolutions) Regulations 2001 (in force under the Migration Act 1958) as shown in this compilation comprise Statutory Rules 2001 No. 241 amended as indicated in the Tables below.
For all relevant information pertaining to application, saving or transitional provisions see Table A.
Table of Statutory Rules
Year and
number | Date of notification
in Gazette | Date of
commencement | Application, saving or
transitional provisions |
2001 No. 241 | 5 Sept 2001 | 1 Nov 2001 | |
2004 No. 94 | 20 May 2004 | 1 July 2004 | — |
2004 No. 392 | 23 Dec 2004 | 2 Apr 2005 | R. 4 |
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
R. 1................. | rs. 2004 No. 94 |
R. 3................. | am. 2004 No. 94, 2004 No. 392 |
R. 4A................ | ad. 2004 No. 392 |
R. 5................. | am. 2004 No. 392 |
Note to r. 5 (2).......... | ad. 2004 No. 392 |
R. 6................. | am. 2004 No. 392 |
Table A Application, saving or transitional provisions
Statutory Rules 2004 No. 392
4 Transitional
The amendments made by Schedule 1 (other than item [10]) apply in relation to an application for a visa:
(a) made, but not finally determined (within the meaning of subsection 5 (9) of the Migration Act 1958), before 2 April 2005; or
(b) made on or after 2 April 2005.
Overview
The Migration (Liberia — United Nations Security Council Resolutions) Regulations 2001 were enacted under the Migration Act 1958 to address the need for a legal framework that aligns with United Nations Security Council Resolutions concerning Liberia. These regulations were introduced to ensure that visa applications from designated persons, as defined by these resolutions, are assessed according to specific criteria that support the objectives of international peace, stability, and democracy in Liberia and the West African subregion. Enacted by the Australian Government, the policy objective of these regulations is to balance humanitarian considerations with the enforcement of international sanctions, thereby facilitating the movement of individuals who are essential for peace-building efforts while preventing those who may pose a threat from entering the country.
These regulations empower the Minister to specify designated persons in a Gazette Notice and establish criteria for the grant or cancellation of visas based on whether the designated person's travel to Australia is justified on humanitarian grounds or would further the UN's objectives for Liberia. They also include provisions for the cancellation of visas if the visa holder becomes a designated person, unless certain conditions are met. The regulations have been amended to reflect changes in the legislative landscape and to ensure continued alignment with international sanctions and humanitarian principles.
Scope and Application
The Migration (Liberia — United Nations Security Council Resolutions) Regulations 2001 apply to individuals who are subject to measures imposed by United Nations Security Council resolutions concerning Liberia. These regulations operate in addition to any other regulations under the Migration Act 1958, thereby extending the legislative framework to specifically address the travel and visa implications for designated persons from Liberia. The regulations cover applications for visas made before and after 2 April 2005 and establish criteria for the grant or cancellation of visas for such designated persons, taking into account humanitarian needs, religious obligations, or reasons that would further the objectives of United Nations resolutions aimed at peace and stability in Liberia and the West Africa subregion. Subordinate instruments can further extend or modify the application of these regulations as deemed necessary by the Minister.
Key Provisions
The Migration (Liberia – United Nations Security Council Resolutions) Regulations 2001 (Regulations) provide specific provisions concerning the application of United Nations Security Council Resolutions to the granting and cancellation of visas in relation to Liberia. Regulation 4A allows the Minister to designate a person whose name appears on a list of individuals published by a Committee established under Resolution 1521, who is subject to measures imposed by a United Nations Security Council Resolution concerning Liberia. Regulation 5 sets out a special criterion for the grant of visas to designated persons, requiring the Minister to be satisfied that the Committee has determined that the designated person’s travel is justified on humanitarian grounds, would further the objectives of the United Nations Security Council’s resolutions, or that there are compelling reasons to grant the visa. Regulation 6 establishes a prescribed ground for the cancellation of visas, stating that a visa may be cancelled if the visa holder becomes a designated person, unless the Minister is satisfied that the designated person’s travel to or continued stay in Australia is justified on humanitarian grounds, would further the objectives of the United Nations Security Council’s resolutions, or that there are compelling reasons for the visa to remain in place.
The Regulations impose obligations on the Minister to assess applications for visas from designated persons against the criteria outlined in Regulation 5. This involves determining whether the Committee has justified the designated person’s travel on humanitarian grounds, whether it would further the objectives of the United Nations Security Council’s resolutions, or if there are compelling reasons for the visa to be granted. Similarly, when considering the cancellation of a visa under Regulation 6, the Minister must assess whether the designated person’s travel to or continued stay in Australia is justified on humanitarian grounds, would further the objectives of the United Nations Security Council’s resolutions, or if there are compelling reasons for the visa to remain in place.
The Regulations do not explicitly state any offences or penalties for breaches of their provisions. However, the Migration Act 1958 under which these Regulations are made, provides for various offences and penalties. For instance, offences related to visa applications and visa cancellations can result in civil penalties, including fines. Additionally, the Act may provide for criminal penalties, such as imprisonment, for more serious breaches, depending on the specific circumstances and the nature of the breach.