Migration Regulations (Amendment)

Overview

The Migration Regulations (Amendment) 1989 (C2004L05174) was enacted to address the need for updating fees associated with various visa applications and permits under the Migration Act 1958. This legislative amendment was introduced by the Parliament of Australia, specifically the Minister for Immigration, Local Government and Ethnic Affairs, with the policy objective of ensuring that fees for visa applications and entry permits reflect the economic changes, particularly the projected movement in the Consumer Price Index for 1989/90. The amendment also aimed to eliminate a fee discrepancy that previously existed for applicants who had never held an entry permit but were applying for a permanent entry permit while present in Australia. The proposed regulations, as detailed in the explanatory statement, include an increase in fees for non-citizen conditional entry visas, non-citizen entry visas, and permanent entry permits, bringing them in line with economic projections and rectifying a pricing anomaly. Additionally, the amendment makes minor technical changes to certain subregulations to enhance the clarity and functionality of the regulations. These changes were intended to ensure the administration of migration processes remained efficient and equitable, aligning with the overarching objectives of the Migration Act 1958.

Scope and Application

The Migration Regulations (Amendment) Statutory Rules No. 233 of 1989, issued under the authority of the Minister for Immigration, Local Government, and Ethnic Affairs, pertain to the Migration Act 1958. These regulations, which amend the existing Migration Regulations, are applicable to individuals and entities involved in the process of applying for entry permits and visas in Australia. This includes non-citizens applying for conditional entry visas or entry visas, as well as those applying for permanent entry permits, whether they are currently in Australia or applying from abroad. The amendments primarily focus on updating the fees associated with these applications to reflect the projected movement in the Consumer Price Index for 1989/90, ensuring the fees remain relevant and equitable. The regulations also rectify a fee anomaly by aligning the fee for a permanent entry permit for those who have never held an entry permit with those who currently hold or have previously held an entry permit. The changes are effective from 1 September 1989, with specific technical amendments made to various subregulations to support these fee adjustments.

Key Provisions

The key operative sections of the Migration Regulations (Amendment) Statutory Rules 1989 (C2004L05174) involve amendments to the Migration Regulations, which are prescribed under the Migration Act 1958 (section 67). Regulation 3 increases the fee provided in paragraph 29A(1)(b) from $315 to $340 and the fee provided in paragraph 29A(1AA)(d) from $300 to $340, effective from 1 September 1989. Regulation 4 increases the fee in subregulation 29AB(2) from $200 to $215. Regulation 5 makes technical amendments to subregulation 29B(1) by correcting a reference from "6(4)(c)" to "6A(4)(c)" and by inserting the word "and" after paragraphs 2(a) and 2(b) of regulation 29B. Regulation 6 modifies subregulation 30(5) by deleting a reference to subsection 52(1) and replacing it with "section 52". These changes align the fees with the projected movement in the Consumer Price Index for 1989/90 and correct an existing fee anomaly. The obligations imposed on parties by these regulations are primarily financial, as they dictate the fees applicants must pay when lodging applications for various types of entry permits and visas. Specifically, applicants for a non-citizen conditional entry visa or a non-citizen entry visa must now pay $215, those applying for a permanent entry permit who are in Australia and hold or have previously held an entry permit must pay $340, and those applying for a permanent entry permit who have never held an entry permit must also pay $340. These fees are mandatory and must be paid at the time of application submission. Additionally, the technical amendments made in Regulation 5 ensure the regulations reference the correct sections and include necessary conjunctions for clarity. Under the Migration Regulations, failure to pay the correct fees as prescribed by these regulations can lead to administrative consequences, though the specific civil or criminal penalties for non-compliance are not detailed in the statutory rules. It is implicit, however, that non-compliance may result in the rejection of the application, delays in processing, or other administrative actions taken by the Department of Immigration, Local Government and Ethnic Affairs. The regulations do not explicitly state the penalties for non-compliance, but it is reasonable to infer that failure to adhere to the fee requirements could lead to the application being deemed invalid or incomplete. In summary, the Migration Regulations (Amendment) Statutory Rules 1989 amend the fees for various visa applications to reflect economic adjustments and correct a fee disparity. These amendments impose financial obligations on applicants to pay the updated fees at the time of application. While the specific penalties for non-compliance are not outlined in the rules, it is understood that failure to comply with these fee requirements could result in administrative penalties such as application rejection or processing delays.