EXPLANATORY STATEMENT
Subject - Migration Act 1953
Migration Regulations (Amendment)
No. 452
Section 181 of the Migration Act 1958 (the Act) provides that the Governor-General may make regulations for the purposes of the Act in particular making provision for and in relation to the charging and recovery of fees. In addition sections 23 and 33 of the Act enable him to make regulations providing for different classes of visas and entry permits.
The purpose of the Regulations is to amend the Migration Regulations to:
allow a student who became an illegal entrants as a result of submitting documentation for the grant of a further entry permit to an approved institution for that institution to assist with the lodgement of the application, and the institution failed to carry out its function before the student’s entry permit expired, to apply for a further entry permit/visa. The Regulation permitting this (Regulation 10) has been made retrospective to 1 January 1990 as a number of students have already submitted applications, and they would be severely disadvantaged as their applications would have to be rejected in the absence of this regulation being made retrospective.
allow foreign government agency personnel who have become ineligible for the grant of a further entry permit because they were unable, for reasons beyond their control, to lodge an application in time, to apply for a further entry permit. The Regulation permitting this (Regulation 11) has been made retrospective for the same reasons as Regulation 10.
provide for an extension to 31 March 1991 of Division 4 of Part 3 which allows for the grant of visas on refugee and humanitarian grounds, pending finalisation of policy in this area.
provide for an upper limit ($1300) payable by an entertainment group touring Australia for the grant of visas to the group; and for no fee to be payable where a group or an individual is touring Australia on a cultural/non-commercial basis.
assurances of support to be entered into for a period of 5 years - assurances of support are undertakings that the assurer will provide accommodation, will pay certain medical expenses, and will be responsible for any unemployment or special benefits (but not other Social Security benefits) paid to the person in respect of whom the assurance is lodged.
make a number of technical amendments consequential on the policy changes in these amendments and to clarify certain other regulations.
Details of the regulations are set out in the Attachment.
Authority: Sections 23, 33, 181 of the Migration Act 1958
Issued by” the Minister for Immigration, Local Government and Ethnic Affairs
ATTACHMENT
Regulation 1 - Commencement
Provides for Regulations 10 and 11 to commence on 1 January 1991.
Regulation 2 - Amendment
This regulation provides for the Migration Regulations to be amended.
Regulation 3 - Regulation 19 (New regulation)
This is a technical amendment to preserve the avenue for obtaining permanent residence for persons who were granted re-entry into Australia under Regulation 19 prior to its deletion in Statutory Rules No 402 of 10 December 1990.
Recrulation 4 - Regulation 36 (Restrictions on entry)
Regulation 4.1 is a technical correction.
Recrulation 4.2 provides for the exclusion periods, (which operate to prevent persons who were illegal entrants before leaving Australia returning before a certain time period has expired), to be waived for students and foreign government agency employees who became illegal in certain circumstances through no fault of their of. own. (See regulations 10 and 11 below).
Regulation 5 - Regulation 42 (Prescribed criteria - classes of entry permit)
Regulation 42(1) (A) prevents illegal entrants from-applying for a further entry permit if they have been illegal for more than 12 months, and, if they have been arrested under the Migration Act, allows them a maximum of 7 working days after having been arrested to lodge such an application.
Regulations 5.1, 5.2, 5.3, 5.4, and 5.6 exempt from these provisions applicants who became illegal entrants while minors, applicants who were illegal entrants prior to 19 December 1989, and applicants who were allowed to re-enter Australia on the grounds that they would establish their claim to having been permanent residents immediately before leaving Australia, within 3 months of being allowed re-entry, and failed to do this within the 3 months.
Regulation 5.5 is a technical amendment.
Regulation 6 - Regulation 90 (Medical treatment visa)
Amends this regulation to reflect that a person who is granted a medical treatment visa is to be treated as a temporary resident and not as a visitor.
Regulation 7 - Regulation 99 (Division to cease to have effect)
Provides for an extension up to the end of 31 March 1991 of Division 4 of Part 3 to allow for the grant of visas on certain refugee and humanitarian grounds.
Regulation 8 - Regulation 108 (Lebanese concession visa)
Fiance’s have been excluded from the grant of this visa as they are eligible to be granted a prospective marriage visa.
Regulation 9 - Regulation 123A (Holder of trainee (non-formal course), or trainee (English language), entry permit or prescribed temporary entry permit - temporary provisions
Provides for this regulation to operate until 14 April 1991 pending the introduction of new regulations to cover the grant of visas and entry permits to persons studying in Australia.
Regulation 10 - Regulation 1233 (new regulation)
Provides for the grant of a further entry permit or visa to a student who became an illegal entrant because of the failure of an institution to process their documentation before the person became an illegal entrant.
Regulation 11 - Regulation 125C (New regulation)
Provides for the grant of a further temporary entry permit to foreign government agency personnel where a person has become an illegal entrant because of factors beyond their control.
Regulation 12 - Regulation 142 (Confirmatory entry permits
Provides for the grant of a permanent entry permit to a person who was allowed to re-enter Australia on the grounds that the person who be able to establish after entry that he/she was a permanent resident immediately before leaving Australia. (Covers, for example, the problem of a person losing a passport).
Regulation 13 - Regulation 146 (Qualification - suitability for employment)
Corrects a technical error.
Regulation 14 - Regulation 164 (Effect of assurance of support)
Provides for assurances of support to be entered into for 5 years.
Regulation 15 - Regulation 185 (Fee on application for temporary-entry permit granted only in Australia)
Provides for the standard fee to be charged in relation to the grant of an entry permit under Regulation 125C to a foreign government agency employee.
Regulation 16 - Regulation 200 (Fee on application for reconsideration of decision)
Makes a technical correction.
Regulation 17 - Regulation 201 (New regulation)
Provides that the maximum fee payable by a group of entertainers for the visas issued them touring Australia is $1000, and that, where a group or an individual is touring Australia as an entertainer on a cultural/non-commercial basis, no fee is payable.
Regulation 13 - Schedule 1 (Criteria and representative symbols)
Allows the Minister to request an assurance of support in relation to an application seeking to stay in Australia as permanent resident.
Regulation 19 - Schedule 5 Mandatory conditions for grant of visas and entry permits)
Removes a mandatory condition in relation to the grant of a border entry permit.
Regulation 20 - Schedule 8 (Fees)
Makes technical corrections consequent on other changes to the Regulations.