EXPLANATORY STATEMENT
Subject: 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 amend the Migration Regulations to
make certain regulations retrospective to provide continuity and prevent disadvantage to individuals (the retrospective regulations do not disadvantage a person other than the Commonwealth, and therefore satisfy subsection 48(2) of the Acts Interpretation Act 1901).
enable students to apply for border visas.
extend the operation of Lebanese (temporary) and Sri Lankan (temporary) entry permits from 31 July 1990 to 31 October 1990.
amend the points system to enable grant of points to persons in certain occupations not previously covered.
remove fees for certain visas.
provide an additional step in the procedures to be followed prior to the Minister ordering mandatory deportation.
provide for certain technical changes.
Details of the Regulations are set out in the Attachment.
Authority; Sections 23, 33, 181 of the Migration Act 1958
Issued by the Minister of State
for Immigration, Local Government
& Ethnic Affairs
ATTACHMENT
MIGRATION REGULATIONS (AMENDMENT)
Regulation 1 - Commencement This regulation provides that
(a) regulations 6-9 inclusive and 11 and 12 are retrospective to 19 December 1989 to ensure that temporary entry permits granted in accordance with these regulations are valid: otherwise individuals granted such entry permits would be severely disadvantaged.
(b) regulation 3 is retrospective to 1 July 1990 to regularise the grant of border visas/entry permits to certain students who would otherwise be significantly disadvantaged.
(c) regulation 13 is retrospective to 1 July 1990 to ensure that certain persons who have applied for migrant entry since that date will be eligible to be granted points which otherwise would not be available to them.
(d) regulation 14 is retrospective to 12 July 1990 to ensure continuity because these regulations insert a new regulation 178(b) which replaces the previous regulation 178(b) which was repealed on 12 July 1990.
(e) regulations 4 and 5 are retrospective to 1 August 1990 to ensure that there is no break in the continuity of regulations 119F and 119G which in effect ended on 31 July 1990.
Regulation 2 - Amendments
This regulation provides for the Migration Regulations to be amended.
Regulation 3 - Border Visas
This regulation amends regulation 111 of the Migration Regulations to extend its operation so that students can apply for border visas. A border visa is effectively an emergency facility which enables grant of a visa when a person has left Australia in circumstances where it was not reasonably practical for that person to obtain a return visa before departure.
Regulations 4 and 5 - Lebanese and Sri Lankan (temporary) entry permits
This regulation extends the operation of regulations 119F and 119G of the Migration Regulations from 31 July 1990 to 31 October 1990. This regulation enables grant of temporary entry permits to Lebanese and Sri Lankan citizens who were temporarily in Australia on 31 July 1990, for a period ending no later than 31 October 1990.
Regulations 6 to 12 (inclusive) - Grant of certain temporary entry permits to persons in Australia
This is to correct a technical problem in that the criteria prescribed for the grant of the temporary entry permit sought are prescribed in terms of that entry permit. However the regulations have been developed around the concept that in most instances criteria are established for temporary entry visas and the criterion for the grant of a temporary entry permit is that the applicant satisfies the criteria for the grant of the temporary entry visa corresponding to the temporary entry permit applied for plus any additional criteria specific to the temporary entry permit. This amendment corrects regulations 120 - 125 so that they reflect this situation.
Regulation 13 - Qualification - suitability for employment
This regulation amends regulation 146 of the Migration Regulations to allow for the allocation of points for skilled occupations that do not have a training and qualification award system structured along the lines of trade training or formal tertiary studies. This is achieved by introducing a “Professional - Equivalent Occupation List” and a “Technical - Equivalent Occupation List”, both of which will be published in the Gazette and will be similar in principle to the Priority List of Occupations.
Regulation 14 - Prescribed procedures - subsection 59(2) of the Act
This regulation amends regulation 178 of the Migration Regulations to require that the Minister ascertain whether a person has applied for refugee status or territorial asylum (as distinct from having been granted such) before ordering mandatory deportation. It provides an additional step in the procedures to be followed.
Regulation 15 - Schedule 8
This regulation amends schedule 8 of the Migration Regulations to remove the requirement that fees be paid upon application for a private subsidised student visa, a student (AIDAB) visa, or a student (Equity and Merit Scholarship Scheme) visa.