EXPLANATORY STATEMENT
Subject: Migration Act 1958
Migration Regulations (Amendment)
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
simplify application procedures for permanent entry permits after arrival in Australia.
amend the fee structure as a result of simplifying the application procedures.
increase some fees.
amend the criteria for extended eligibility (family) entry permits so that the circumstances referred to in the criteria may have occurred before the applicant’s arrival in Australia.
Details of the Regulations are set out in the Attachment.
| Authority: | Sections 23, 33, 181 of the Migration Act 1958 |
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| Cabinet Minute No. 13697 of 7 May 1990 |
Issued by the Minister of State for Finance for and on behalf of the Minister of State for Immigration, Local Government and Ethnic Affairs
ATTACHMENT
MIGRATION REGULATIONS (AMENDMENT)
Regulation 1 - Amendment
Regulation 1 provides for the Migration Regulations to be amended.
Regulation 2 - New Regulation 22B
Under section 47 of the Migration Act (the Act), a person must hold a temporary entry permit which is valid in terms of section 47 of the Act in order to be eligible for the grant of a permanent entry permit after arrival in Australia. Accordingly if such a temporary entry permit is not held an applicant seeking the grant of permanent residence must first apply for one.
There is also provision in the Regulations for a person who is applying for a temporary entry permit, but who is either in Australia illegally or whose existing temporary entry permit may expire before the application is determined, to obtain a processing entry permit to regularise stay in Australia during the processing of the application.
Under existing regulations a permanent entry permit, a temporary entry permit valid for section 47 of the Act, and a processing entry permit must be applied for separately. The Cabinet have agreed, however, that where an applicant requires all three entry permits, the applicant can apply simultaneously for all three provided the application is on an approved form.
This new regulation 22B enables an application for a temporary entry permit valid for section 47 of the Act to be automatically an application for a processing entry permit, where a person is applying at the same time for a permanent entry permit and a temporary entry permit valid for section 47 of the Act on the approved form. This removes the need for an application for a processing entry permit to be made under these circumstances.
Regulation 3 - Regulation 34A (Satisfaction of prescribed criteria)
Regulation 34A of the Migration Regulations requires that prescribed criteria be satisfied at the time of application for an entry permit. At the moment regulations 135, 136, 137, 139 and 140 have the criterion that the applicant satisfy at least one of the paragraphs of section 47 of the Act at the time of applying. These paragraphs require that the person hold a temporary entry permit which is valid for the purposes of section 47.
As under the new procedures persons will be applying for a temporary entry permit valid for section 47 at the same time as applying for the permanent entry permit, they cannot satisfy this requirement. This amendment will exempt a person applying for a permanent entry permit under the new procedures from this requirement.
Regulation 4 - Regulation 127 (Extended eligibility (family) entry permit)
This regulation amends regulation 127 of the Migration Regulations so that the circumstances referred to in the criteria for an extended eligibility (family) entry permit may have occurred prior to the applicant’s arrival in Australia.
Regulations 5 and 6 - Regulation 186 (Fee on application for certain permits) and Regulation 187 (Fee on application for skilled occupation entry permit)
These regulations substitute new regulations 186 and 187 of the Migration Regulations in order to amend the fee structure for certain entry permits as a result of simplifying the application procedures for the grant of a permanent entry permit.
Regulation 7 - Further Amendments
This regulation is a schedule of other amendments to the Migration Regulations.
Items 1 to 5 make further amendments to regulation 127 of the Migration Regulations so that the circumstances referred to in the criteria for an Extended eligibility (family) entry permit may have occurred prior to the applicant’s arrival in Australia.
Items 6 to 10 provide a linkage from regulations 135, 136, 137, 139 and 140 to regulation 34A so that users of the Regulations are aware that the provisions of section 47 of the Act must be satisfied at the time of decision rather than, as usual, at the time of application.
Item 11 - Regulation 183(2) provides that where an entry permit is not listed in Schedule 8, no fee applies. This item amends regulation 183 to make it subject to regulation 185. Regulation 185 specifies the fee to be paid on application for a temporary entry permit granted only in Australia.
Items 12 and 13 increases the fees payable upon application for an extended eligibility (economic) entry permit.
Item 14 increases the fee payable upon application for an extended eligibility (family) entry permit.
Item 15 increases the fee payable upon application for an extended eligibility (spouse) entry permit.