Migration Regulations (Amendment)

Overview

The Migration Act 1958 is a foundational piece of legislation in Australia that governs the entry and stay of non-citizens. The Act was enacted to provide a comprehensive legal framework for managing migration into and within Australia. The problem or gap it was introduced to address included the need for a structured approach to regulate the movement of people into Australia, ensuring it aligns with national interests, security, and social objectives. In 1990, the Migration Regulations were amended to address specific issues regarding the eligibility and classification of entry permits for citizens of the People’s Republic of China (PRC). The regulations were amended under the authority provided by sections 33 and 181 of the Act. These amendments were issued by the Minister of State for Local Government on behalf of the Minister of State for Immigration, Local Government and Ethnic Affairs, with the policy objective of ensuring that the regulations more accurately reflect the criteria for granting certain entry permits and provide necessary protections for PRC nationals at risk of personal danger if they were to return to their home country.

Scope and Application

The Migration Regulations (Amendment) 1990 No. 69, made under sections 33 and 181 of the Migration Act 1958, primarily affect nationals of the People’s Republic of China who apply for a permanent entry permit after entry to Australia. The regulations repeal the existing regulation 142A concerning the PRC citizen (permanent) entry permit due to deficiencies in its criteria and introduce a new regulation 142A. This new regulation ensures all necessary criteria are properly outlined for the grant of a permanent entry permit to PRC citizens who hold an extended eligibility (PRC) entry permit or a temporary entry permit valid for the purpose of obtaining a permanent entry permit after entry. These amendments ensure clarity and comprehensiveness in the application process for the affected entry permits, thereby enhancing the administration of migration laws. The regulations apply nationally and were issued by the Minister of State for Local Government on behalf of the Minister of State for Immigration, Local Government and Ethnic Affairs.

Key Provisions

The key operative sections of the Migration Regulations (Amendment) 1990 No. 69 concern the amendment of the Migration Regulations to improve the framework for granting entry permits to certain nationals of the People's Republic of China (PRC) (Section 1). Firstly, the regulation repeals the existing regulation 142A, which pertains to the PRC citizen (permanent) entry permit (Section 1). This repeal is necessary to correct deficiencies in the criteria outlined for the grant of this permit. Secondly, the regulation introduces a new regulation 142A, which establishes the criteria for granting a permanent entry permit to PRC citizens who hold an extended eligibility (PRC) entry permit or a temporary entry permit valid for the purpose of obtaining a permanent entry permit (Section 1). These provisions are intended to ensure that the criteria for granting such permits are comprehensive and clearly defined. The obligations and requirements imposed by these regulations primarily affect the applicants for the PRC citizen (permanent) entry permit. Applicants must now satisfy the new criteria outlined in regulation 142A, which includes holding a valid extended eligibility (PRC) entry permit or a temporary entry permit that allows for the grant of a permanent entry permit (Regulation 1). The new regulation ensures that all necessary criteria are explicitly stated, thereby providing clarity and a consistent framework for the assessment of applications. This regulation also affects the administrative processes within the Department of Home Affairs, requiring them to implement the new criteria in their assessments and to repeal the old regulation from their records. There are no explicit offences, penalties, or civil/criminal consequences outlined in the Explanatory Statement or the Attachment for breaches of these regulations. However, any failure to comply with the new criteria or any procedural oversights in the application process could potentially lead to the refusal of a permit. Such refusals would be based on the failure to meet the newly prescribed criteria, rather than on a specific penalty outlined in the regulations themselves. The focus of the regulation is on ensuring clarity and comprehensiveness in the criteria for eligibility, rather than on punitive measures for non-compliance.