Migration Regulations (Amendment) 1991 No. 295
EXPLANATORY STATEMENT STATUTORY RULES 1991 No. 295
Issued by the Authority of the Minister for Immigration, Local Government and Ethnic Affairs
Migration Act 1958
Migration Regulations (Amendment)
Section 181 of the Migration Act 1958 (the Act) provides that the Governor-General may make regulations for the purposes of the Act. In addition sections 23 and 33 of the Act enable him to make regulations providing for different classes of visas and entry permits.
The purpose of the regulations is to make the following amendments to the Migration Regulations:
Regulations 3, 4, 5, 9 and 10 contain technical amendments.
Regulation 4.3 amends regulation 36 of the Migration Regulations to exempt people who have applied for a review of a decision on an application and who departed within 7 days of being notified of the review decision, from restrictions on their re-entry to Australia. This amendment is linked to recent amendments to the Migration Act which extended time limits within which review applications must be lodged and which may result in people remaining in Australia beyond the period in which they would be expected to leave, to await the outcome of an application for review.
Regulation 6 amends regulation 51 of the Migration Regulations to enable the Minister to refuse a visa or an entry permit to an applicant in respect of whom a valid employer nomination has been approved under regulation 166A by a decision maker in Australia, where employment with the nominating employer ceases to be available before a decision is made on the application for the visa or entry permit.
Regulation 7 amends regulation 126 of the Migration Regulations to allow for the grant of an extended eligibility (spouse) entry permit to an applicant who applied for the entry permit before 15 April 1991 on the grounds of a marital relationship with an Australian citizen or permanent resident, but where, after the application, the relationship has broken down because of domestic violence against the applicant by the spouse, and providing the application had not been decided before the commencement of these regulations on 1 October 1991. Prior to this amendment provision for the grant of an extended eligibility (spouse) entry permit to an applicant whose relationship breaks down because of domestic violence after the application was made, was restricted to applicants who applied on or after 15 April 1991, when
the arrangements for providing for the grant of this entry permit on these grounds were introduced.
Regulation 8 amends regulation 135 of the Migration Regulations to allow for the grant of a spouse (after entry) entry permit to an applicant who applied for the entry permit before 15 April 1991 on the grounds of a marital relationship with an Australian citizen or permanent resident, but where, after the application, the relationship has broken down because of domestic violence against the applicant by the spouse, and providing the application for the spouse (after entry) entry permit application had not been decided before the commencement of these regulations on 1 October 1991. Prior to this amendment provision for the grant of the spouse (after entry) entry permit to an applicant whose relationship breaks down because of domestic violence after the application was made, was restricted to applicants who applied on or after 15 April 1991, when the arrangements providing for the grant of this entry permit on these grounds were introduced.
Regulations 9 and 11 increase the fee for temporary entry permits applied for in Australia from $50 to $100, for all categories of temporary entrants except students seeking to extend their stay, in accordance with Cabinet's decision 15442 of 18 July 1991. These regulations also increase fees for all applications for grant of residence in Australia (except those on business grounds, which are currently under review), in accordance with a Government decision to index the fees for these applications annually in line with the Consumer Price Index (CPI).
Authority: Sections 23, 33, 181 of the Migration Act 1958
Overview
The Migration Regulations (Amendment) 1991 No. 295, issued under the authority of the Minister for Immigration, Local Government and Ethnic Affairs, amends the Migration Regulations 1994 to address various issues in the migration process. The overarching aim of these amendments is to refine the administration of migration applications and to address specific gaps in the regulations to ensure a more equitable and responsive system. Technical amendments are made in regulations 3, 4, 5, 9, and 10, while regulation 4.3 specifically exempts individuals who have applied for a review of a decision on their application and departed within seven days of being notified of the review decision, from re-entry restrictions to Australia. Regulation 6 allows the Minister to refuse a visa or entry permit if employment with the nominating employer ceases before the application is decided, while regulations 7 and 8 expand eligibility for extended and spouse (after entry) permits in cases of domestic violence. Additionally, regulations 9 and 11 increase certain fees for temporary entry permits and applications for residence in Australia, in line with government policy decisions.
Scope and Application
The Migration Regulations (Amendment) 1991 No. 295, issued under the authority of the Minister for Immigration, Local Government and Ethnic Affairs, amend the Migration Regulations to implement specific changes as outlined in the explanatory statement. These amendments apply to individuals and entities engaged in the migration process, particularly those involved in the application and review of visa and entry permit applications. They affect various categories of migrants and temporary entrants, adjusting the procedural and eligibility criteria for different types of visas and entry permits. The amendments pertain to both Commonwealth and state jurisdictions as they modify regulations that fall under the purview of the Migration Act 1958. There are no explicit exclusions mentioned, but the changes are targeted to specific conditions such as applications for review, employment nominations, and domestic violence cases. The amendments are executed through subordinate instruments authorised by sections 23, 33, and 181 of the Migration Act 1958.
Key Provisions
The Migration Regulations (Amendment) 1991 No. 295 introduces several significant changes to the existing Migration Regulations under the Migration Act 1958. Regulation 4.3 modifies regulation 36, allowing people who applied for a review of a decision on their application and departed within seven days of being notified of the review decision to be exempt from restrictions on their re-entry to Australia. This is particularly relevant given the recent amendments to the Migration Act that extended the time limits within which review applications must be lodged, potentially resulting in individuals staying in Australia beyond the expected departure period while awaiting the review outcome.
Regulation 6 updates regulation 51 to enable the Minister to refuse a visa or an entry permit if a valid employer nomination for the applicant under regulation 166A has been approved by a decision maker in Australia, but employment with the nominating employer ceases to be available before a decision is made on the application. Regulation 7 and 8 expand eligibility for extended eligibility (spouse) entry permits and spouse (after entry) entry permits, respectively, to applicants who applied before 15 April 1991, provided their relationship broke down due to domestic violence against the applicant by the spouse and the application had not been decided before 1 October 1991.
These amendments aim to address specific scenarios where individuals may face difficulties in maintaining their visa status due to unforeseen circumstances such as changes in employment or relationship breakdowns due to domestic violence. The obligations imposed on the applicants and the Minister under these regulations require applicants to ensure timely applications and accurate information about their employment and relationship status. The Minister, on the other hand, must consider these factors when making decisions on visa or entry permit applications.
The regulations also introduce financial changes. Regulation 9 and 11 increase the fee for temporary entry permits applied for in Australia from $50 to $100, except for students seeking to extend their stay, in line with Cabinet decision 15442 of 18 July 1991. Additionally, fees for all applications for residence in Australia (excluding those on business grounds, currently under review) are indexed annually in line with the Consumer Price Index (CPI). These financial adjustments ensure that the costs associated with visa applications and permits remain aligned with economic changes. Failure to comply with these financial obligations may result in penalties, although the specific penalties are not detailed in the provided text.