Migration Regulations (Amendment) 1991 No. 230
EXPLANATORY STATEMENT STATUTORY RULES 1991 No. 230
Subject: 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 him to make regulations providing for different classes of visas and entry permits.
Details of the Regulations are: Regulation 1 - Commencement
Regulation 1.1 provides for regulations 3 and 4 to have commenced on 1 July 1991 to regularise any entry permits which may have been wrongly issued since 30 June 1991 (under regulations 119E and 119G) before they have been amended by regulations 3 and 4. No individual is disadvantaged by this retrospectivity but certain persons could be disadvantaged if the amendments are not made retrospective.
Regulation 1.2 provides for regulation 7 to commence on 15 April 1991. As this provides for the waiver of a fee no individuals are disadvantaged by this retrospectivity.
Regulation 2 - Amendment
Regulation 2 provides for the Migration Regulations to be amended. Regulation 3 - Regulation 119F (Lebanese (temporary) entry permit)
This regulation provides for Lebanese nationals who were in Australia on 30 June 1991 and who held a Lebanese (temporary) entry permit on that date to extend their stay in Australia until 30 November 1991.
Regulation 4 - Regulation 119G (Sri Lankan (temporary) entry permit)
This regulation provides for Sri Lankan nationals who were in Australia on 30 June 1991 to extend their stay in Australia until 31 December 1991.
Regulation 5 - Regulation 187 (Fee on application for skilled occupation entry permit)
This regulation provides for the application fee for a skilled occupation entry permit to be raised from $360 to $750, other than when it is applied for by a person who is an applicant on business migration grounds (where the fee remains at $1000), or where
the person already holds an extended eligibility entry permit (where the fee remains
$150), or where the application was lodged at the same time as an application for an extended eligibility entry permit (no fee).
Regulation 6 - Regulation 189 (Fee on application for extended eligibility (economic) entry permit)
This regulation provides for the application fee for an extended eligibility (economic) entry permit to be raised from $360 to $750, other than when it is applied for by a person who is an applicant on business migration grounds (where the fee remains at
$1000).
Regulation 7 - Regulation 202 (Fee on application under paragraph 40(1)(p))
Regulation 7.1 provides for this regulation to be renumbered as 201A and re-named.
Regulation 7.2 amends existing regulation 202 so that the fee is waived where a person who is an illegal entrant by virtue of section 14(2) of the Act applies without being given notice by the Minister.
Authority: Sections 23, 33 and 181 of the Migration Act 1958
Issued by the Minister for Immigration, Local Government and Ethnic Affairs
Overview
The Migration Regulations (Amendment) 1991 No. 230 were enacted to amend the Migration Regulations 1994 under the authority granted by sections 23, 33, and 181 of the Migration Act 1958. These amendments were introduced to address issues concerning the temporary stay of Lebanese and Sri Lankan nationals in Australia, as well as to adjust fees for various migration applications. The objective was to regularise the status of certain individuals who held temporary entry permits and to modify the application fees for specific types of permits to align with policy changes. The enacting body was the Minister for Immigration, Local Government and Ethnic Affairs, with the intent to streamline the processing of applications and ensure compliance with immigration policies.
Scope and Application
The Migration Regulations (Amendment) 1991 No. 230 apply to various classes of individuals and entities under the purview of the Migration Act 1958. Specifically, the regulations address Lebanese and Sri Lankan nationals who were in Australia on 30 June 1991 and were holding specific temporary entry permits, allowing them to extend their stay within Australia until later dates. The amendments also impact applicants for skilled occupation and extended eligibility entry permits, modifying the application fees according to specific criteria. The geographic reach of these regulations is national, as they are enacted under the Commonwealth of Australia. Certain groups, such as applicants on business migration grounds, are exempt from the new fee structures, and in some cases, fees are waived entirely. The regulations also provide for retrospective application in certain instances to prevent any disadvantage to individuals.
Key Provisions
The Migration Regulations (Amendment) 1991 No. 230, under sections 23, 33, and 181 of the Migration Act 1958, introduces several amendments to existing regulations. Regulation 1.1 specifies that regulations 3 and 4 are to be applied retrospectively to the 1 July 1991, allowing Lebanese and Sri Lankan nationals who were in Australia on 30 June 1991 to extend their stay until specified dates. Regulation 1.2 specifies that regulation 7, which waives a fee for certain applications, is also to be applied retrospectively from 15 April 1991. Regulation 3 allows Lebanese nationals who held a Lebanese (temporary) entry permit on 30 June 1991 to extend their stay in Australia until 30 November 1991. Regulation 4 permits Sri Lankan nationals who were in Australia on 30 June 1991 to extend their stay until 31 December 1991. Regulation 5 increases the application fee for a skilled occupation entry permit from $360 to $750, with certain exceptions. Regulation 6 raises the application fee for an extended eligibility (economic) entry permit from $360 to $750, also with certain exceptions. Regulation 7.1 renumbers and renames regulation 202, and regulation 7.2 amends existing regulation 202 to waive the fee for illegal entrants who apply without being given notice by the Minister.
The Migration Regulations (Amendment) 1991 No. 230 imposes obligations on Lebanese and Sri Lankan nationals who were in Australia on 30 June 1991, allowing them to extend their stay until specified dates. The regulations also impose financial obligations on applicants for certain entry permits, with the application fees for skilled occupation and extended eligibility (economic) entry permits being raised, subject to certain exceptions. The regulations also require the Minister for Immigration, Local Government and Ethnic Affairs to waive the fee for illegal entrants who apply without prior notice.
The Migration Regulations (Amendment) 1991 No. 230 provides for various offences and penalties. The Act does not specify maximum penalties for breaches of the regulations, but breaches of the Migration Act 1958 can result in criminal and civil penalties. Criminal penalties include fines and imprisonment, while civil penalties include pecuniary penalties and the cancellation of visas. The specific penalties for breaches of the regulations depend on the nature and severity of the breach, and are determined by the courts. It is important for parties subject to the regulations to comply with their obligations and requirements to avoid potential penalties and consequences.