Migration Regulations (Amendment)

Overview

The Migration Act 1958, enacted to govern the entry and stay of non-citizens in Australia, was amended through the Migration Regulations (Amendment) 1987 to address the need for updated fees concerning various migration applications. The problem this legislation sought to address was the need to adjust the financial burden associated with processing applications for entry permits, visas, and other temporary stay extensions, ensuring the system could sustain its operations and keep pace with administrative costs. The Minister for Immigration, Local Government and Ethnic Affairs introduced these amendments under the authority granted by Section 67 of the Migration Act 1958, which allows the Governor-General to make regulations concerning fees for various applications. The policy objective was to appropriately reflect the costs associated with processing these applications while maintaining the integrity and efficiency of the migration system.

Scope and Application

The Migration Regulations (Amendment) Minute No. 2 of 1987, as part of the Migration Act 1958, applies to all individuals and entities seeking to enter Australia, including prospective migrants, visitors, and temporary residents, by regulating the fees associated with their applications. The regulations pertain to the charging and recovery of fees for applications concerning entry permits, visas, and return endorsements. These regulations apply nationwide, reflecting the overarching jurisdiction of the Commonwealth in matters of immigration. The amendments introduced by these regulations are effective from 1 October 1987, and they specifically increase the fees payable for various applications, such as the fees for applications for migrant entry to Australia and those for resident status, among others. The regulations do not explicitly exclude any groups or categories but are applicable to anyone lodging an application under the prescribed categories within the scope of the Migration Act 1958. Subordinate instruments may further extend or clarify the application of these regulations.

Key Provisions

The key provisions of the legislation pertain to amendments in the fees associated with applications for entry permits, visas, and temporary entry permits for visitors seeking to extend their stay in Australia. Regulation 2 of the Migration Regulations (Amendment) increases the fee for certain visa applications. Specifically, it raises the fee for a subclass 600 (Visitor Stream) visa from $35 to $50 and the fee for a subclass 100 (Temporary Entry) visa from $200 to $300. Regulation 3 further modifies the fees for migrant entry applications. It raises the initial fee for a subclass 400 (Contributory Parent) visa from $150 to $225, with the fee now being payable in two stages. The first stage fee increases from $40 to $60, and the second stage fee increases from $110 to $165. These amendments impose clear financial obligations on applicants lodging their applications for visas and entry permits. The new fee structure requires applicants to pay increased amounts at various stages of the application process. For instance, applicants for a subclass 600 visa must now pay $50 instead of $35, and those for a subclass 100 visa must pay $300 instead of $200. Similarly, applicants for a subclass 400 visa must now pay $225 initially, with subsequent payments of $60 and $165 respectively, instead of the previous $150 total fee, broken down into $40 and $110. Failure to comply with the new fee requirements may result in the rejection of the application or other administrative consequences, although the specific civil or criminal penalties are not explicitly stated within the regulations. However, the Migration Act 1958 provides a broad framework under which penalties for non-compliance can be applied, including potential fines or other sanctions. The precise nature and extent of these penalties would depend on the specific circumstances of the breach and the applicable provisions of the Act.