Migration Regulations (Amendment)

Overview

The Migration Regulations (Amendment) 1989 No. 267 is an amendment to the Migration Act 1958, introduced to address the need for a mechanism to cover the costs associated with processing temporary residence visa applications, particularly for those seeking to work during their stay in Australia. Enacted by the Parliament of Australia, the amendment enables the Department to charge a prescribed fee of $30 for these applications, ensuring that the financial burden of processing is appropriately managed. Certain groups, such as refugees, special humanitarian program entrants, and dependents of principal applicants, are exempt from this fee to ensure fairness and compliance with humanitarian objectives. The regulation was brought into effect on 1 October 1989, providing a structured approach to fee collection under the authority granted by Section 67 of the Migration Act 1958.

Scope and Application

The Migration Regulations (Amendment) 1989 No. 267, under the Migration Act 1958, extends the legislative framework to encompass the charging and recovery of fees for temporary residence visas, specifically targeting applicants who intend to work during their stay in Australia. This regulation applies to individuals who submit applications for such visas, thereby imposing a prescribed fee of $30 to offset the administrative costs associated with processing these applications. Notably, certain categories of applicants, including those entering under refugee or special humanitarian programs, as well as their dependants, have been exempted from this fee to ensure fairness and appropriateness in the application of the regulation. The scope of this amendment is confined to the Commonwealth, ensuring a consistent application of fees across Australia, with the regulation commencing on 1 October 1989. Any further specification or modification to the application of these fees may be detailed in subordinate instruments, ensuring that the regulation remains aligned with the overarching objectives of the Migration Act 1958.

Key Provisions

The key provision of the amended Migration Regulations, as detailed in the explanatory statement, pertains to the imposition of a fee for certain temporary residence visa applications. According to section 67 of the Migration Act 1958, the Governor-General can make regulations prescribing fees for entry permit or visa applications. The amendment specifically mandates a $30 fee for applications made by individuals seeking to work during their stay in Australia, intended to cover the processing costs (section 67). However, exemptions have been established for certain categories of applicants, including those entering under refugee or special humanitarian programs and their dependants, as it is deemed inappropriate to charge them this fee. Under these regulations, the Department is required to enforce the fee for eligible visa applications. The regulation mandates that applicants within the specified category must pay the prescribed fee of $30 at the time of submitting their application. The Department is also responsible for ensuring that the fee is collected and processed appropriately. The regulation provides clarity on which applicants are subject to the fee and which are exempt, thus streamlining the application process and ensuring compliance with the legislative requirements. Failure to comply with the fee requirements, where applicable, may result in consequences as stipulated by the Migration Act 1958. While specific penalties are not detailed in the explanatory statement, breaches of the Act's provisions can generally lead to civil or criminal penalties. These may include fines or, in more severe cases, imprisonment. The Act also allows for the recovery of unpaid fees through various legal means, ensuring that the Department can recoup costs associated with processing applications. It is important for applicants to adhere to the fee requirements to avoid any potential legal repercussions.