Migration Regulations (Amendment)

Overview

The Statutory Rules 1981 No. 282, titled Migration Regulations (Amendment), were enacted in 1981 to address the need for updated fee structures in the context of immigration and entry permits under the Migration Act 1958. These regulations were made by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council, and were intended to ensure that the financial aspects of the migration process remain aligned with the evolving administrative and operational requirements of the immigration system. The policy objective behind these amendments is to adjust the fees associated with various types of entry permits and language tests to reflect changes in economic conditions and to maintain the integrity and efficiency of the immigration process. The regulations specifically revise the fees for entry permits and language tests, increasing the costs for certain applications to ensure they cover the administrative expenses and to deter frivolous applications. This adjustment aims to streamline the process and ensure that the resources allocated to processing applications are used effectively, thereby supporting the broader goals of the migration framework. The amendments were designed to provide a clear and structured approach to managing the financial aspects of immigration, ensuring that the system remains fair, efficient, and responsive to the needs of both applicants and the government.

Scope and Application

The Migration Regulations 1981, made under the Migration Act 1958, primarily apply to all individuals and entities involved in the process of applying for and obtaining entry permits into Australia. These regulations govern the fees associated with lodging applications for entry permits, including adjustments to the fees for different categories of applicants. The amendments to the regulations specify updated fee structures for various types of entry permit applications and language tests. The regulations are applicable nationally across Australia and affect both individuals and organisations engaged in the immigration process. However, certain exclusions and exemptions may apply based on specific conditions outlined in the Migration Act 1958 and further defined by subordinate instruments. The regulations also extend to include any amendments or updates made through additional legislative instruments, thereby ensuring the framework remains current and effective.

Key Provisions

The main operative sections of these regulations (Statutory Rules 1981 No. 282) amend the Migration Regulations by adjusting the fees for entry permits and the language test. Specifically, Regulation 29a increases the fee for a further entry permit to $30 for persons who meet a certain condition under the Migration Act 1958, and to $125 for all other persons, while Regulation 29c raises the fee for the language test from $25 to $30. These changes came into effect on 1 October 1981. The regulations impose specific financial obligations on applicants for entry permits and language tests. For entry permits, applicants who meet a certain condition under the Migration Act must now pay a fee of $30, while those who do not meet this condition must pay $125. For language tests, applicants must now pay $30, an increase from the previous fee of $25. These amendments require applicants to budget for these increased costs when applying for entry permits or language tests. There are no specific offences, penalties, or civil/criminal consequences mentioned for breaching these fee provisions. However, non-compliance with the payment requirements could potentially result in the application being rejected or delayed, which might have indirect legal or practical consequences for the applicant. The regulations themselves do not specify maximum penalties for breaches but leave that to the broader interpretation under the Migration Act 1958.