Migration Regulations 1994
Statutory Rules No. 268, 1994
made under the
Migration Act 1958
Compilation No. 288
Compilation date: 1 July 2026
Includes amendments: F2026L00733, F2026L00874 and F2026L00876
This compilation is in 4 volumes
Volume 1: | Parts 1 to 5 |
| regulations 1.01 to 5.45 |
| Schedule 1 |
Volume 2: | Schedule 2, Subclasses 010 to 801 |
Volume 3: | Schedule 2, Subclasses 802 to 995 |
| Schedules 3 to 5, 6D, 7A, 8 to 10 and 13 |
Volume 4: | Endnotes |
Each volume has its own contents
About this compilation
This compilation
This is a compilation of the Migration Regulations 1994 that shows the text of the law as amended and in force on 1 July 2026 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).
Application, saving and transitional provisions
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Presentational changes
The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1—Preliminary
Division 1.1—Introductory
1.01 Name of Regulations
Division 1.2—Interpretation
1.03 Definitions
1.04 Adoption
1.04A Foreign Affairs recipients and Foreign Affairs students
1.04B Defence student
1.05 Balance of family test
1.05A Dependent
1.06 References to classes of visas
1.07 References to subclasses of visas
1.08 Compelling need to work
1.09 Criminal detention
1.09A De facto partner and de facto relationship
1.11 Main business
1.11A Ownership for the purposes of certain Parts of Schedule 2
1.11B ETA‑eligible passport
1.11C eVisitor eligible passport
1.12 Member of the family unit
1.12AA Member of the immediate family
1.13 Meaning of nominator
1.13A Meaning of adverse information
1.13B Meaning of associated with
1.14 Orphan relative
1.14A Parent and child
1.15 Remaining relative
1.15AA Carer
1.15A Spouse
1.15B Vocational English
1.15C Competent English
Overview
The Migration Regulations 1994 (F1996B03551) were enacted to provide detailed administrative and procedural provisions that complement the broad framework established by the Migration Act 1958. This legislative instrument addresses the need for specific rules and guidelines to ensure the effective and consistent implementation of the Act. Enacted by the Parliament of Australia, the Regulations aim to streamline the visa application process, establish clear criteria for the identification of immigration detainees, and define the review mechanisms for certain migration decisions. By setting out these detailed requirements and procedures, the Regulations help to clarify the obligations and rights of both applicants and the Department of Home Affairs, ensuring that the administration of the Act is carried out in a transparent and orderly manner.
The policy objective of the Migration Regulations 1994 is to support the efficient and fair processing of visa applications while maintaining Australia's immigration controls. This is achieved by specifying the types of personal identifiers that immigration detainees must provide, establishing a structured review process for certain decisions, and detailing the application processes and requirements for various visa categories. These provisions ensure that the administration of the Act is consistent and that applicants are clearly informed of their rights and obligations, thereby supporting the overall integrity of Australia's immigration system.
Scope and Application
The Migration Regulations 1994, as detailed in F1996B03551, apply to a broad range of individuals, entities, and industries involved in migration and visa processes in Australia. These regulations govern the application and interpretation of the Migration Act 1958, ensuring consistent and effective administration across various sectors. They pertain to anyone involved in the visa application process, including prospective immigrants, current visa holders, and entities such as sponsors, educational institutions, and health professionals. Additionally, the regulations extend to immigration detainees, who must comply with specific identification requirements, and authorised officers responsible for enforcing the provisions of the Act. Geographically, the regulations apply nationally within Australia and are subject to the overarching legislative framework of the Commonwealth.
The scope of the Migration Regulations 1994 encompasses the identification and processing of immigration detainees, the review of specific migration decisions, and the administration of various visa categories. Key exclusions and exemptions are outlined in the regulations, particularly for detainees previously detained under environmental or fisheries acts. The regulations also address the operation of the Immigration Minister's suspension certificate under the Education Services for Overseas Students Act 2000. The application and enforcement of these regulations may be extended or restricted through subordinate instruments, ensuring flexibility and responsiveness to changing circumstances and policy objectives.
Key Provisions
- Part 1 of the Migration Regulations 1994 (F1996B03551) sets out foundational definitions and delegation of powers necessary for the administration of the Migration Act 1958. Key terms such as "adoption," "criminal detention," and "de facto partner" are defined (Part 1, Div 1). This ensures consistent interpretation and application of these terms across the Regulations. The Minister's powers are delegated, enabling the appointment of Medical Officers of the Commonwealth and the approval of professional bodies for health-related panels (Part 1, Div 2). Sponsors of visa applicants must meet specific obligations, including providing financial support and accommodation, with certain limitations for particular visa categories (Part 1, Div 4). Family violence provisions address the circumstances in which individuals are considered to have experienced or committed such violence, outlining the application and evidence processes (Part 1, Div 5). The suspension of registered education providers under the Education Services for Overseas Students Act 2000 is also addressed, with criteria for the operation of the Immigration Minister's suspension certificate (Part 1, Div 7).
- The obligations imposed by the Migration Regulations 1994 on parties and entities governed by these Regulations are comprehensive. Immigration detainees must provide personal identifiers unless exempted under specific acts, ensuring that these identifiers are usable for specified purposes (Part 2, Cl 1.02). Authorised officers must inform detainees about the use, disclosure, and legal rights concerning their personal information. The review process for migration and protection decisions is clearly outlined, specifying which decisions are reviewable, who can apply for a review, and the prescribed fees (Part 2, Cl 2.02). The Administrative Appeals Tribunal (AAT) has the power to remit matters for reconsideration and may require security for compliance with certain conditions. Visa applicants must meet specific requirements and conditions to be eligible for various visa types, including permanent, temporary, and bridging visas (Part 2, Cl 3.02). Applicants must hold certain types of visas, be sponsored by eligible entities, and meet health and character requirements. Compliance with the Migration Act 1958 and these regulations is emphasised throughout the application process.
- The Migration Regulations 1994 include provisions for offences, penalties, and consequences for breaches, providing a deterrent against non-compliance. Failure to provide required personal identifiers or provide false information can result in criminal penalties. The specific penalties for breaches vary depending on the nature and severity of the offence, but can include fines and imprisonment. For administrative breaches, such as failure to meet visa conditions or provide required documentation, penalties can include visa cancellation, deportation, and entry bans. The AAT can impose administrative penalties for non-compliance with its decisions. Additionally, failure to comply with sponsorship obligations can result in civil penalties, including financial penalties and exclusion from the sponsorship program. The maximum penalties for various offences are specified in the Regulations, ensuring clarity and consistency in enforcement.
- Area of Law
- Immigration & Refugee Law
- Instrument
- Legislative Instrument
- Concepts
- Definitions & Interpretation
- Reporting & Disclosure Obligations
- Review & Sunset Clauses
- Offence Provisions
- Licensing & Registration
- Regulatory Standards