EXPLANATORY STATEMENT
Statutory Rules No. 224. 1986
Migration Regulations (Amendment)
Issued by the authority of the Minister for Immigration and Ethnic Affairs
Section 67 of the Migration Act 1958 (the Act), so far as is relevant, prescribes that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted by the Act to be prescribed including regulations providing for the charging and recovery of fees in respect of applications for entry permits, visas or return endorsements.
The proposed regulations will increase the fees payable upon lodging applications for migrant entry to Australia and upon lodging applications for return endorsements. Details of the proposed regulations are as follows:
• Regulation 1 provided that this amendment would come into operation on 1 September 1986.
• Regulation 2 amended regulation 29C by introducing a fee of $60 payable for undertaking an English language test conducted within Australia by or on behalf of the Department of Immigration and Ethnic Affairs whether or not in connection with an application for an entry permit or a visa.
• Regulation 3 set out a schedule of amendments increasing fees as follows:
• The amendment to sub-regulation 29AB(2) increased the fee payable upon lodging an application for migrant entry to Australia, from $100 to $150. This fee is payable in two stages and the amendments to paragraphs 29AB(3)(a) and 29AB(3)(b) increased the fees payable in each stage from $25 to $40 and from $75 to $110.
• The amendment to sub-regulation 29B(a) increased the fee, payable upon lodging an application, in Australia for the grant of a return endorsement, from $20 to $40.
• The amendment to sub-regulation 29B(b) increased the fee, payable upon lodging an application, in any other case, for the grant of a return endorsement from $30 to $50.
Overview
The Migration Regulations (Amendment) 1986, introduced as Statutory Rules No. 224, was enacted to address the need for increased revenue from application fees related to migrant entry and return endorsements in Australia. These regulations were issued under the authority of the Minister for Immigration and Ethnic Affairs in accordance with Section 67 of the Migration Act 1958. The policy objective of these amendments was to adjust the fees for various applications to reflect changing costs and to ensure that the revenue generated adequately supported the administrative functions of the Department of Immigration and Ethnic Affairs. The amendments introduced new fees for English language tests conducted within Australia, and increased the fees for applications for migrant entry and for return endorsements, both within Australia and in other cases. This change was set to come into operation on 1 September 1986.
Scope and Application
The Migration Regulations (Amendment) Statutory Rules No. 224 of 1986 pertain to the Migration Act 1958, and they govern the fees associated with various applications concerning migrant entry and return endorsements to Australia. These regulations apply to individuals and entities that lodge applications for entry permits, visas, and return endorsements with the Department of Immigration and Ethnic Affairs. The increased fees outlined in the regulations are effective from 1 September 1986 and include a new fee for English language tests conducted within Australia, set at $60, in addition to revised fees for various application types. Specifically, the fee for migrant entry applications has been increased from $100 to $150, divided into two stages with the respective fees rising from $25 to $40 and from $75 to $110. Moreover, the fee for applications for return endorsements within Australia has been adjusted from $20 to $40, while applications outside Australia see an increase from $30 to $50. These amendments are intended to be administered under the authority granted by Section 67 of the Act and are subject to the overarching provisions of the Migration Act 1958, ensuring they do not conflict with the Act's stipulations.
Key Provisions
The proposed Migration Regulations (Amendment) introduce several changes to the fees associated with applications for entry permits, visas, and return endorsements. According to Regulation 2, an English language test conducted within Australia by or on behalf of the Department of Immigration and Ethnic Affairs incurs a fee of $60, regardless of its connection to an application for an entry permit or visa (Reg. 2). Regulation 3 outlines further amendments to the fees for various applications. The fee for lodging an application for migrant entry to Australia is increased from $100 to $150, with the two-stage payment structure adjusted to $40 in the first stage and $110 in the second stage (Reg. 3(1), sub-reg. 29AB(2), (3)(a), and (3)(b)). Additionally, the fee for applying for a return endorsement within Australia rises from $20 to $40, while the fee for applying in any other case increases from $30 to $50 (Reg. 3(1), sub-reg. 29B(a) and (b)).
These regulations impose clear obligations on applicants and the Department of Immigration and Ethnic Affairs. Applicants must now pay a $60 fee for any English language test conducted within Australia, as well as increased fees for entry and return endorsements. The Department of Immigration and Ethnic Affairs is required to enforce these fee structures and ensure compliance by applicants. Additionally, applicants must adhere to the new payment schedules for entry and return endorsement fees, which involve multiple stages of payment.
Breaching these regulations can lead to several consequences. While the explanatory statement does not explicitly state penalties for non-compliance, failure to pay the required fees could result in the application not being processed. The Act might also provide for additional administrative actions, such as fines or other penalties, for non-compliance with the fee requirements. It is essential for applicants to understand and comply with these financial obligations to avoid any disruption in their visa or permit applications.