Migration Regulations (Amendment) 1992 No. 112
EXPLANATORY STATEMENT STATUTORY RULES 1992 No. 112
Issued by the Authority of the Minister for Immigration, Local Government and Ethnic Affairs
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 addition sections 23 and 33 of the Act enable regulations to be made providing for different classes of visas and entry permits.
The purpose of the Regulations is to make the following amendments to the Migration Regulations:
Regulation 3 corrects a minor technical error in regulation 42.
Regulation 4 removes an ambiguity in regulation 142D which could prevent the refusal of an application for an interdependency (permanent) entry permit prior to two years after the date of the elapsing application. The policy intention of regulation 142D is that an application for an interdependency (permanent) entry permit is not to be approved until two years after the date of application, provided the relationship on which the application is based is still in existence at that time. However, where the criteria for the grant of the entry permit clearly cannot be met (eg, following irretrievable breakdown of the relationship), the application can be refused at any time.
Regulation 5 amends the commencement provisions of Statutory Rules 1992 No 51 so that visitor visas may be granted under the existing visitor visa and entry permit classes until 1 May 1992. Statutory Rules No 51 made a number of changes to the existing regulations determining the grant of visit visas and entry permits principally to distinguish between visitors coming for less than 3 months and those coming for 3 months or more. These new changes were to take effect from 1 May 1992 to allow time for adjustment of the Department's computer system and procedures. The amendments relating to stays of 3 months or more commenced on 28 February 1992, with the end result that there is currently no provision for granting visas for stays of less than 3 months. This amendment provides for the criteria relating to stays of more than 3 months to commence on 1 May 1992, thus allowing for visitor visas to be granted under the existing regulations until 1 May 1992 irrespective of the length of visit sought.
Regulations 3 and 4 are to commence on the date of gazettal. Regulation 1 provides for regulation 5 to be taken to have commenced on 28 February 1992. Retrospectivity
of regulation 5 will not be detrimental to the rights of, or impose liabilities on any person; its only effect will be to validate any visitor visa which may have been issued after 28 February 1992 in respect of a visit of less than 3 months and this will be entirely beneficial to holders of such visas. Hence, retrospectivity does not contravene subsection 48(2) of the Acts Interpretation Act 1901.
Overview
The Migration Regulations (Amendment) 1992 No. 112, issued under the authority of the Minister for Immigration, Local Government and Ethnic Affairs, amends the Migration Regulations 1992 to address certain technical errors and ambiguities. This amendment to the Migration Act 1958 aims to ensure the correct implementation of visa regulations and to clarify specific provisions regarding the approval of interdependency (permanent) entry permits. Regulation 3 corrects a minor technical error in regulation 42, while regulation 4 removes ambiguity in regulation 142D, ensuring that applications for interdependency (permanent) entry permits can be refused before the two-year period if the criteria clearly cannot be met. Regulation 5 further amends the commencement provisions to allow visitor visas to be granted under existing classes until 1 May 1992, ensuring no gap in visa issuance due to the implementation of new regulations. These changes reflect the policy objective of maintaining smooth and effective administration of the Migration Act.
Scope and Application
The Migration Regulations (Amendment) 1992 No. 112 amends the Migration Regulations under the authority granted by the Migration Act 1958. These regulations apply to the procedures and criteria for the issuance of visas and entry permits under the Act, affecting both individuals and entities seeking to enter or remain in Australia. The regulations address specific technical corrections and clarifications to ensure that the administration of migration matters aligns with the policy intent of the Act. For instance, Regulation 4 rectifies an ambiguity in regulation 142D concerning interdependency (permanent) entry permits, ensuring applications can be refused if the criteria cannot be met. Regulation 5 adjusts the commencement date of certain changes to visitor visa regulations, providing continuity in visa issuance until 1 May 1992. These amendments are designed to prevent any gaps in the regulatory framework and to ensure that the provisions of the Act are applied correctly and effectively.
Key Provisions
The Migration Regulations (Amendment) 1992 No. 112, under the Migration Act 1958, introduces several amendments to the existing regulations. Regulation 3 addresses a technical error in regulation 42, ensuring the provisions are correctly implemented. Regulation 4 clarifies an ambiguity in regulation 142D, specifying that an application for an interdependency (permanent) entry permit cannot be approved before two years have elapsed from the application date, unless the relationship on which the application is based no longer exists. Regulation 5 adjusts the commencement provisions of Statutory Rules 1992 No. 51, allowing visitor visas to be granted under existing classes until 1 May 1992. This adjustment accommodates the transition to new regulations distinguishing between shorter and longer visits.
These amendments impose specific obligations on the parties involved. For instance, the Department of Immigration is required to ensure that applications for interdependency (permanent) entry permits are assessed according to the clarified provisions of regulation 142D. They must also ensure visitor visas are issued in accordance with the extended provisions of regulation 5 until 1 May 1992. The amendments aim to streamline the processing of visa applications and ensure regulatory compliance.
Failure to adhere to the provisions of these regulations could result in significant consequences. While the explanatory statement does not explicitly outline specific offences or penalties, non-compliance with migration regulations can generally lead to refusal of visa applications, revocation of existing visas, or other administrative actions. Additionally, if the regulations are intended to protect the rights of applicants or to ensure procedural fairness, breaches might also give rise to civil actions for damages or criminal charges under related legislation. The precise penalties would depend on the nature and severity of the breach, but could include fines and imprisonment for more serious offences.