Overview

The Migration Regulations (Amendment) 1992 No. 231, issued under the authority of the Minister for Immigration, Local Government and Ethnic Affairs, is an amendment to the Migration Regulations 1992 made pursuant to the Migration Act 1958. This amendment was enacted to address specific issues related to "chain" migration, marriages of convenience, and the exemption of certain individuals from the requirement to provide a section 20 notice to the Secretary. The primary objective of these regulations is to tighten eligibility criteria for temporary visas and entry permits, particularly those associated with the People's Republic of China (PRC) class, and to establish conditions that mandate the maintenance of the circumstances under which these permits were granted. These regulations were introduced by the Parliament of Australia and came into effect on 23 July 1992.

Scope and Application

The Migration Regulations (Amendment) 1992 No. 231 amends the Migration Regulations 1994, under the authority provided by the Migration Act 1958. These amendments aim to address specific issues related to "chain" migration and marriages of convenience by modifying regulations concerning temporary visas and entry permits, particularly those granted under the provisions for persons from the People's Republic of China. The scope of the amendments includes the introduction of terminating conditions for PRC (temporary) visas and entry permits, which mandate that there be no material change in the circumstances on which the visa or entry permit was granted. Additionally, the regulations restrict eligibility for spouses and dependents to those associated with individuals who were in Australia prior to a specific date and who had already been granted certain entry permits. Furthermore, the amendments introduce provisions for the cancellation of visas or entry permits if the relationship status of the visa or permit holder changes post-issuance. These regulations apply to individuals seeking or holding PRC (temporary) visas and entry permits and are intended to commence on 23 July 1992. The regulations also include provisions for exempting certain prescribed persons, such as "guests of government," from specific notification requirements under the Act.

Key Provisions

The Migration Regulations (Amendment) 1992 No. 231 amends the Migration Regulations to address issues of "chain" migration and marriages of convenience. Specifically, it modifies the conditions under which PRC (temporary) visas and entry permits can be granted and terminated. Regulation 3 amends subregulation 16(8) by adding a terminating condition for visas, and Regulation 4 does the same for entry permits, stipulating that the visa or permit will be terminated if there is a material change in circumstances on which it was granted. Regulation 5 and Regulation 6 make corresponding changes to eligibility criteria for spouses and dependents, restricting them to those who were in Australia before 20 June 1989 and already married by 23 July 1992, and adding provisions for cancellation if the relationship status changes. Regulation 7 introduces a new regulation that exempts "guests of government" from the requirement to give a section 20 notice to the Secretary, aligning with the new subsection (3) added to section 15 by the Migration Amendment Act (No. 2) 1992. Regulation 8 makes the conditions added by Regulations 3 and 4 mandatory for the PRC (temporary) visa and entry permit. These regulations impose specific obligations on applicants for PRC (temporary) visas and entry permits. They must ensure that there are no material changes in the circumstances on which their visa or entry permit is granted, as per the new terminating conditions. Additionally, eligibility for spouses and dependents is restricted to those who were in Australia before 20 June 1989 and already married by 23 July 1992. The regulations also introduce new subregulations that allow for the cancellation of a visa or entry permit if the applicant ceases to be a spouse or dependent child. For "guests of government," the requirement to give a section 20 notice to the Secretary is exempted. Breach of these conditions or failure to comply with the new eligibility requirements can lead to termination of the visa or entry permit, as specified in the amended regulations. The new subregulations also provide for cancellation if the relationship status changes. While the explanatory statement does not detail specific penalties, breaches of the Migration Act 1958, which these regulations are designed to support, can lead to a range of civil and criminal penalties. These include fines and imprisonment, with the exact penalties depending on the nature and severity of the breach.