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.
Overview
The Migration Act 1958, as amended by the Migration Regulations (Amendment) 1990 No. 204, introduces changes intended to address the issue of granting permanent entry permits to individuals based on specific nationality or refugee status. This legislative amendment was introduced by the Minister of State for Immigration, Local Government, and Ethnic Affairs to ensure that the regulations align with current policy objectives. The primary focus of these amendments is to repeal certain classes of visas and entry permits that previously allowed for the grant of permanent entry permits to individuals who were nationals of the People’s Republic of China present in Australia on 20 June 1989 or had been granted refugee status. By doing so, the regulations aim to prevent such individuals from accessing permanent entry permits, thereby reflecting updated legislative intent and policy direction.
Scope and Application
The Migration Regulations (Amendment) 1990 No. 204 amends the Migration Regulations to refine the application of the Migration Act 1958 by altering the criteria and processes for the granting of permanent entry permits. Specifically, these amendments aim to prevent the grant of permanent entry permits to individuals on the basis of their nationality or refugee status, by repealing certain classes of visas and entry permits. The regulations apply to individuals who fall under the categories of being a national of the People’s Republic of China present in Australia on 20 June 1989 or having been granted refugee status. These regulations are issued under the authority of sections 23, 33, and 181 of the Migration Act 1958 and are enforced by the Minister of State for Immigration, Local Government and Ethnic Affairs. The amendments are designed to streamline the eligibility criteria for permanent entry permits by eliminating specific grounds for grant, thereby affecting the scope of individuals who may apply for such permits.
Key Provisions
The key operative sections of this amendment to the Migration Regulations are Regulation 1, Regulation 2 and Regulation 3, which are concerned with repealing specific regulations to prevent the grant of permanent entry permits under certain conditions. Regulation 1 repeals Regulation 116, which prohibited the grant of permanent entry permits to individuals who have refugee status. Regulation 2 repeals paragraph (c) in Regulation 117, aligning it with the changes made in Regulation 1. Regulation 3 repeals Regulations 138 and 142A to prevent the grant of permanent entry permits to individuals who have refugee status, or are nationals of the People’s Republic of China who were in Australia on 20 June 1989.
These regulations impose certain obligations on the parties or entities they govern. They require that the provisions of the repealed regulations are no longer applied to the granting of permanent entry permits. This means that applications for such permits will no longer be processed or granted under the repealed conditions. It is the responsibility of those administering the Migration Act to ensure that these changes are implemented and that the regulations are followed accordingly.
The amendment to the Migration Regulations does not explicitly outline specific offences, penalties, or consequences for breach. However, the Migration Act 1958 does include provisions for offences and penalties related to breaches of the Act and its regulations. For example, section 231 of the Act provides that a person who contravenes a visa condition is guilty of an offence and may be subject to penalties, including fines and imprisonment. The maximum penalties for such offences may vary depending on the specific circumstances of the breach.
In summary, the Migration Regulations (Amendment) primarily focus on repealing specific regulations to prevent the grant of permanent entry permits to individuals on the grounds of having refugee status or being a national of the People’s Republic of China who was in Australia on 20 June 1989. These changes impose obligations on the relevant authorities to ensure that the provisions of the repealed regulations are no longer applied. While the amendment itself does not explicitly outline specific offences or penalties, the broader Migration Act includes provisions for penalties related to breaches of the Act and its regulations, which may include fines and imprisonment.