EXPLANATORY STATEMENT
Statutory Rules No 251
Migration Regulations (Amendment)
(Issued by the authority of the Minister for Immigration and Ethnic Affairs)
Section 67 of the Migration Act 1358 (the Act), so far as is relevant, prescribes that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters prescribed 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;
• the undertaking of English language tests conducted by or on behalf of the Department of Immigration and Ethnic Affairs, whether or not in connection with applications for entry permits or visas.
The regulations increase the fees payable upon the lodgement of applications for various entry permits and also increase the fee for undertaking an English language test conducted outside Australia by or on behalf of the Department of Immigration and Ethnic Affairs. These increases are contained in a schedule to the amending regulations.
Regulation 1 sets 1 October 1984 as the date for operation of the amending regulations.
Regulation 2 prescribes a schedule which provides for increases in various fees. These increases are explained below:
• Prior to the amending regulations, under paragraph 29A(1)(a) the fee for an application for a further temporary entry permit was $30. The amending regulations increased this fee by $5, to $35.
• Prior, to the amending regulations, under sub-paragraph 29A(1)(b)(ii) the fee for the application for the grant of a further entry permit other than a temporary entry permit was, in respect of an application lodged by virtue of the condition referred to in paragraph 6A(1)(d) of the Act, $155. The amending regulations increase this fee by $45, to $200.
• Prior to the amending regulations, under sub-paragraph 29A(1)(b)(iii) the fee for the application for the grant of a further entry permit other than a temporary entry permit was, in cases other than when an application is lodged by virtue of the condition referred to in paragraphs 6A(1)(c) or 6A(1)(d) of the Act, $80. The amending regulations increase this fee by $20, to $100.
• Prior to the amending regulations, under sub-regulation 29AA(2), the fee payable on an employer lodging an application for an unconditional temporary entry permit on behalf of a person he proposes to employ was $125. The amending regulations increase this fee by $10, to $135.
Prior to the amending regulations, under sub-regulation 29AA(3), the fee payable on the lodging, by the holder of a conditional temporary entry permit, of an application for an unconditional temporary entry permit, was $50. The amending regulations increase this fee by $5, to $55.
Prior to the amending regulations, under regulation 29C, the fee payable for undertaking an English language test conducted outside Australia, by or on behalf of the Department of Immigration and Ethnic Affairs, whether or not in connection with an application for an entry permit or a visa, was $30. The amending regulations increase this fee by $5, to $35.
Overview
The Migration Regulations (Amendment) Statutory Rules 1984, issued under the authority of the Minister for Immigration and Ethnic Affairs, were enacted to address the need for updated fees associated with various immigration-related applications and services. This amendment was necessitated by the changes in the economic and administrative landscape that required adjustments to the fees prescribed under the Migration Act 1958. The primary objective of these amendments was to ensure that the fees charged adequately reflect the costs incurred in processing applications and conducting necessary tests, thereby maintaining the financial sustainability of the immigration system. The policy objective, as stated, is to align the fees with the current economic conditions while ensuring the efficient administration of immigration services.
Scope and Application
The Migration Regulations (Amendment) Statutory Rules No 251, issued under the authority of the Minister for Immigration and Ethnic Affairs, pertain to the charging and recovery of fees in relation to various aspects of migration applications and services. Specifically, these regulations amend the fees for applications for entry permits, visas, and return endorsements, as well as for undertaking English language tests conducted by or on behalf of the Department of Immigration and Ethnic Affairs, whether or not in connection with applications for entry permits or visas. These changes are applicable to individuals and entities seeking to enter Australia, either temporarily or permanently, and those required to undertake English language tests as part of their migration process. The amendments apply nationally, reflecting the Commonwealth's jurisdiction over immigration matters, and are effective from 1 October 1984. The regulations do not specify any exclusions, exemptions, or thresholds, but the application of the fees is contingent upon the specific circumstances of the migration applications and tests undertaken. The fees have been increased to reflect changes in the administrative costs associated with processing these applications and conducting the tests, with the exact amounts of the increases detailed in a schedule attached to the amending regulations.
Key Provisions
The Migration Regulations (Amendment) Statutory Rules No 251 introduce modifications to the fees associated with various applications and services under the Migration Act 1958 (the Act). According to Section 67 of the Act, the Governor-General has the authority to establish regulations that are consistent with the Act and cover all matters prescribed or permitted by the Act, including those related to the charging and recovery of fees for applications and services. These regulations, which came into effect on 1 October 1984 as per Regulation 1, detail specific fee increases in a schedule (Regulation 2). The fee for an application for a further temporary entry permit has been raised from $30 to $35. For applications for the grant of a further entry permit other than a temporary entry permit, the fee has increased from $155 to $200 if lodged under a specific condition, and from $80 to $100 for other cases. Additionally, the fee for employers lodging an application for an unconditional temporary entry permit on behalf of a proposed employee has been increased from $125 to $135. The fee for holders of a conditional temporary entry permit applying for an unconditional temporary entry permit has also risen from $50 to $55. Moreover, the fee for undertaking an English language test conducted outside Australia by or on behalf of the Department of Immigration and Ethnic Affairs has been increased from $30 to $35.
The Migration Regulations (Amendment) Statutory Rules No 251 impose specific obligations and requirements on parties involved in the application process for entry permits, visas, and related services. Applicants and employers must now comply with the updated fee schedule outlined in Regulation 2, which includes higher fees for various types of entry permit applications and English language tests. The amendments ensure that all applications and tests are processed with the appropriate financial contributions as per the new regulations. These updated fees are intended to cover the costs associated with the administration and processing of the applications and tests. The amendments also require that the Department of Immigration and Ethnic Affairs accurately reflects these new fees in their systems and communications to ensure transparency and compliance.
The Migration Regulations (Amendment) Statutory Rules No 251 do not explicitly detail specific offences, penalties, or consequences for non-compliance with the new fee structures. However, under the broader framework of the Migration Act 1958, failure to pay the required fees as stipulated by the regulations could potentially lead to administrative consequences. These might include delays in the processing of applications, the refusal of applications for non-payment of fees, or other administrative actions taken against the applicants or employers. Additionally, persistent non-compliance could lead to more severe consequences under the Act, such as penalties for providing false or misleading information. It is essential for all parties involved to ensure they are aware of and comply with the new fee requirements to avoid any potential administrative issues.