Migration Regulations 1994 - Specification under paragraph 4011(2)(b) - Classes of Persons - Public Interest Criteria - Revocation of Risk Factor List - April 2009

Administered by Department of Home Affairs

Legislation au F2009L01316 Not in force Legislative Instrument

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IMMI 08/119

 

EXPLANATORY STATEMENT

  Migration Regulations 1994

 

CLASS OF PERSONS – PUBLIC INTEREST CRITERIA – REVOCATION OF RISK FACTOR LIST

(PARAGRAPH 4011(2)(b))

 

  1. This Instrument is made under paragraph 4011(2)(b) of the Migration Regulations 1994 (‘the Regulations’).

 

2.                  The purpose of the Instrument is to revoke Instrument Number IMMI 08/033, signed on 12 May 2008, specifying class of persons specified in a Gazette Notice must be subject to Public Interest Criteria – Risk Factor.

 

3.                  The ‘Risk Factor List’ has been criticised as an inflexible tool. In response to concerns raised in the Commonwealth Ombudsman’s Report The Safeguards System, the Gazette Notice made under paragraph 4011(2)(b) will be replaced by evidence based profiles maintained in the Safeguards system. These profiles will be updated regularly and assist departmental officers to make informed decision by providing relevant information about the social and political situation in the applicant’s home country and immigration non-compliance trends in the visitor visa caseload.

4. The Instrument, IMMI 08/119, commences on the 15 May 2009.

 

 

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