Migration Reform (Transitional Provisions) Regulations (Amendment)

Administered by Department of Home Affairs

Legislation au F1996B02064 Regulations Not in force Legislative Instrument

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Migration Reform (Transitional Provisions) Regulations (Amendment) 1996 No. 214

EXPLANATORY STATEMENT

STATUTORY RULES 1996 No. 214

Migration Act 1958

Migration Reform Act 1992

Migration Reform (Transitional Provisions) Regulations (Amendment)

Section 504 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 to be prescribed by the Art or which are necessary or convenient to be prescribed for carrying out or giving, effect to the Act.

Section 42 of the Migration Reform Act 1992 (the Reform Act) provides that the Governor-General may make regulations prescribing matters required or permitted by the Reform Act to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to the Reform Act.

The purpose of the, Regulations is to amend the Migration Reform (Transitional Provisions) Regulations to ensure that certain existing applications for permanent visas which have not been finally determined before 1 November 1996 are able to access more favourable visa travel facilities.

Under existing arrangements when a permanent visa is granted it allows the holder to remain permanently in Australia. However a permanent visa also includes a multiple travel facility which allows the holder to travel in and out of Australia for a certain period after the visa is granted. The main purpose of the travel facility is to ensure that permanent visa holders can depart and reenter Australia freely during the initial period of their settlement. The Regulations increase the period in which these visas may be used to enter Australia from either 3 or 4 years to 5 years.

Details of the Regulations are set out in the Attachment.

ATTACHMENT

Regulation 1 - Commencement

These Regulations commence on 1 November 1996.

Regulation 2 - Amendment

The Migration Reform (Transitional Provisions) Regulations are amended as set out in these Regulations.

Regulation 3 - Regulation 19A (Special Circumstance visa)

This regulation omits paragraph 19A(8)(a) and substitutes a new paragraph (a). The new paragraph increases from 4 years to 5 years the duration of the multiple entry travel facility for relevant visas granted on or after 1 November 1996.

Regulation 4 - Regulation 21 (Visa and entry permit applications made before 19 December 1989)

This regulation on-fits paragraph 21(3)(a) and substitutes a new paragraph (a). The new paragraph increases to 5 years the duration of the multiple entry travel facility for relevant visas granted on or after 1 November 1996.

Regulation 5 - Regulation 22 (Visa applications made on or after 19 December 1989 and before 1 September 1994)

Subregulation 5.1 omits paragraph 22(3)(a) and substitutes a new paragraph (a). The new paragraph increases from 4 years to 5 years the duration of the multiple entry travel facility for relevant visas granted on or after 1 November 1996.

Subregulation 5.2 amends subregulation 22(5) by inserting reference to new subregulation (5A).

Subregulation 5.3 inserts new subregulation (5A). This new subregulation ensures that transitional (permanent) visas granted against certain "deemed" applications for resident return visas have a travel facility of 5 years. These applications were deemed to be made when certain applications for permanent entry permits were made. The travel facility of 5 years is calculated from the date of grant of the permanent entry permit or transitional (permanent) visa.

Regulation 6 - Regulation 23 (Entry permit applications made on or after 19 December 1989 and before 1 September 1994)

This regulation omits paragraph 23(6)(a) and substitutes a new paragraph (a). The new paragraph increases from 4 years to 5 years the duration of the multiple entry travel facility for relevant visas granted on or after 1 November 1996.

 

Overview

The Migration Reform (Transitional Provisions) Regulations (Amendment) 1996 No. 214 was enacted to address the issue of extending the duration of multiple entry travel facilities for certain permanent visa holders who had not had their applications finally determined by 1 November 1996. This regulation was made under the authority of the Migration Act 1958 and the Migration Reform Act 1992, with the aim of providing these visa holders with more favourable visa travel facilities. The objective was to ensure that the holders of transitional permanent visas could freely depart and reenter Australia during the initial period of their settlement, extending the travel facility from 3 or 4 years to 5 years. The amendment was made by the Governor-General in accordance with the relevant sections of the Migration Act 1958 and the Migration Reform Act 1992.

Scope and Application

The Migration Reform (Transitional Provisions) Regulations (Amendment) 1996 No. 214 amends the existing regulations under the Migration Act 1958 and the Migration Reform Act 1992 to adjust the duration of the multiple entry travel facility for certain permanent visas. These Regulations apply to individuals who have not had their applications for permanent visas finally determined before 1 November 1996. Specifically, the Regulations extend the period during which these visas can be used to enter Australia from either 3 or 4 years to 5 years. The changes are designed to benefit those permanent visa holders who need to travel in and out of Australia during the initial phase of their settlement. The Regulations cover visa applications made before 19 December 1989, between 19 December 1989 and 1 September 1994, and also include "deemed" applications for resident return visas. These Regulations are a subordinate instrument that extends the application of the primary Acts by modifying specific provisions related to visa travel facilities.

Key Provisions

The Migration Reform (Transitional Provisions) Regulations (Amendment) 1996 No. 214 primarily seeks to extend the travel facility period for certain existing applications for permanent visas. This is achieved by amending specific regulations within the Migration Reform (Transitional Provisions) Regulations to ensure that the duration of the multiple entry travel facility for permanent visas is extended from 3 or 4 years to 5 years. This amendment applies to visas granted on or after 1 November 1996, as detailed in Section 504 of the Migration Act 1958 (1) and Section 42 of the Migration Reform Act 1992 (2). These Regulations impose specific obligations on the parties involved. Primarily, they affect the holders of certain permanent visas by extending their travel facility period, thereby allowing them to travel in and out of Australia for a longer duration post-visa grant. The Regulations target specific visa categories, including Special Circumstance visas, applications made before 19 December 1989, applications made between 19 December 1989 and 1 September 1994, and entry permit applications made within the same timeframe. The amendments ensure these categories now include a travel facility of 5 years, as outlined in Regulations 3, 4, 5, and 6 (3). In terms of consequences, the Regulations do not explicitly outline specific offences or penalties for breaches. However, failure to comply with the prescribed travel facility period might lead to complications in visa validity and travel rights, potentially resulting in unlawful stay or other immigration-related issues. The primary focus of these Regulations is to clarify and extend the travel facility, rather than penalise non-compliance, thus ensuring that affected visa holders can benefit from the extended travel period without additional punitive measures.

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Area of Law
Immigration & Refugee Law
Instrument
Regulation
Concepts
Commencement Provisions
Amendment
Reporting & Disclosure Obligations
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