EXPLANATORY STATEMENT
Subject: Migration Act 1958
Migration Regulations (Amendment)
1990 No. 204
Section 181 of the Migration Act 1958 (the Act) provides the power in so far as is relevant to prescribe matters which are required by the Act and which are necessary or convenient to be prescribed for the carrying out or giving effect to the Act and in particular making provision for and in relation to the charging and recovery of fees.
In addition, regulations are prescribed under the following powers:
- sections 23 and 33 of the Act provide that without limiting the generality of section 181, the regulations may provide for inter alia different classes of visa and entry permits respectively.
The purpose of the regulations is to amend the Migration Regulations to:
- prevent applications for the grant of permanent entry permits to people on the ground that they are nationals of the People’s Republic of China who were in Australia on 20 June 1989 or that they have been granted refugee status, by repealing those classes of visas and entry permits which provide for the grant.
Details of the regulations are set out in the Attachment.
Authority: Sections 23, 33, 181
Migration Act 1958
Issued by the Minister of
State for Immigration,
Local Government and
Ethnic Affairs
ATTACHMENT
Migration Regulations (Amendment)
Regulation 1
This regulation repeals Regulation 116 to prevent access to the grant of a permanent entry permit to a person on the grounds of the person having refugee status.
Regulation 2
This regulation repeals paragraph (c) in Regulation 117 to achieve consistency with the repeal of regulation 116.
Regulation 3
This regulation repeals Regulations 138 and 142A to prevent access to the grant of a permanent entry permit to a person on the grounds of the person having refugee status, or being a national of the People’s Republic of China who was in Australia on 20 June 1989.