EXPLANATORY STATEMENT
Statutory Rules No. 261 of 1985
Migration Regulations (Amendment) (Issued by the Authority of the Minister for Immigration and Ethnic Affairs)
Section 67 of the Migration Act 1958 (the Act), so far as is relevant, prescribes that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted by the Act to be prescribed including regulations providing for the charging and recovery of fees in respect of applications for entry permits, visas or return endorsements.
These regulations increase the fees payable upon the lodgement of applications for various entry permits. They also introduce a fee for applications for migrant entry to Australia.
Details of the regulations are as follows:
Regulation 1 sets a date for operation of the amending regulations of 1 October 1985.
Regulation 2 identifies the “Principal Regulations” as the Migration Regulations for the purposes of these regulations.
Regulation 3 inserts a definition of “refugee status” into existing regulation 3. This definition is required due to regulation 6.
Regulation 4 increases the fees payable upon application for the grant of a further entry permit other than a temporary entry permit in respect of applications lodged by virtue of a condition referred to in paragraphs 6A(1)(a), 6A(1)(b), 6A(1)(c) and 6A(1)(e). The fees payable upon lodgement of each of these applications were increased in the case of applications lodged by virtue of the condition referred to:
• in paragraph 6A(1)(c), by $150,
• in paragraphs 6A(1)(a), 6A(1)(b) or 6A(1)(e), by $100, to $200, in line with the fee charged for applications lodged by virtue of the condition referred to in paragraph 6A(1)(d).
Sub-regulation 5(a) increases the fee payable under existing sub-regulation 29AA(2), on an employer lodging an application for an unconditional temporary entry permit on behalf of a person he proposes to employ. This sub-regulation increases the fee by $10, to $145.
Sub-regulation 5(b) increases the fee payable under existing sub-regulation 29AA(3), on the lodging, by the holder of a conditional temporary entry permit, of an application for an unconditional temporary entry permit. This sub-regulation increases the fee by $5, to $60.
Regulation 6 introduces a new sub-regulation 29AB to provide for fees for applications for visas for most persons who are granted permanent residence on arrival, or shortly after arrival, in Australia. Details are as follows:
New sub-regulation 29AB(1) defines the terms “non-citizen conditional entry visa” and “non-citizen entry visa”. In short, these visas are given to persons who are granted permanent residence shortly after arrival in Australia upon meeting a condition and to persons who are granted permanent residence on arrival in Australia.
New sub-regulation 29AB(2) imposes a fee of $100 in respect of applications for “non-citizen conditional entry visas” and “non-citizen entry visas”.
New sub-regulation 29AB(3) provides that the fee of $100 is to be paid in two amounts:
(a) $25 on lodging the application
(b) $75 on notice in writing by an officer, given to the applicant, that the balance of the fee is payable.
New sub-regulation 29AB(4) provides that the application will lapse if the applicant fails to pay the $75 fee within 90 days after the day on which notice was given that the balance of the fee is payable.
New paragraph 29AB(5)(a) exempts permanent residents returning to Australia within 12 months of when they last held a valid entry permit, other than a temporary entry permit, from payment of the fee.
New paragraph 29AB(5)(b) exempts from payment of the fee, persons in respect of whom the Minister, or an officer authorised by him, has determined, by instrument in writing, that they have refugee status.
New paragraph 29AB(5)(c) exempts from payment of the fee, persons in respect of whom the Minister, or an officer authorised by him, has certified, by instrument in writing that it would not be reasonable, having regard to humanitarian considerations, to impose a fee.
New sub-regulation 29AB(6) enables refund of a fee when a person has paid a fee and has subsequently been exempted from payment under new sub-regulation 29AB(6).