EXPLANATORY STATEMENT
STATUTORY RULES NO. 375
MIGRATION REGULATIONS (AMENDMENT)
(Issued by the authority of the Minister for Immigration and Ethnic Affairs)
Section 67 of the Migration Act 195 8 (the Act) empowers the Governor-General to make regulations for the purposes, amongst other things, of making provision for and in relation to the charging and recovery of fees in respect of applications for entry permits.
Under amended paragraph 29A(1)(b) of the Migration Regulations certain fees were payable on the lodgment of an application for the grant of a further entry permit other than a further temporary entry permit.
Pursuant to the new migration policy, implemented with effect from 19 April 1982, the fiance of a person resident in Australia can be considered for migration and may be granted a temporary entry permit to enter Australia.
Subject to the marriage taking place, an entry permit may be granted to the fiance, effecting a change of status to permanent resident.
Sub-regulation 29A(1A) amends sub-regulation 29A(1) of the Migration Regulations to provide that, where a temporary entry permit has been granted to a person to enter Australia for the purpose of marrying a person residing in Australia and a valid marriage has been solemnized in Australia between those 2 persons, no fee is payable on an application for a further entry permit other than a temporary entry permit.
Under this policy, a professionally qualified person, whose qualifications are not recognised in Australia, can be considered for migration and may be granted a temporary entry permit to enter Australia. Subject to such a person obtaining recognition of his qualifications, through undergoing an examination or a supervised course of training, an entry permit may be granted to him, effecting a change of his status to permanent resident.
Sub-regulation 29A(1B) amends sub-regulation 29A(1) of the Migration Regulations to provide that, where a temporary entry permit has been granted to a professionally qualified person to enter Australia for the purpose of obtaining recognition of a professional qualification held by him, and that person, by successfully undergoing an examination or a supervised course of training, has obtained recognition in Australia of the professional qualification held by him, no fee is payable on an application for a further entry permit, other than a temporary entry permit, on the ground that recognition of that qualification has been obtained.
Under amended paragraph 29A(1)(a) of the Migration Regulations a fee was payable on lodging an application for the grant of a further temporary entry permit - the number of persons included in one application not being relevant. However, under amended paragraph 29A(1)(b) of the Migration Regulations a fee could have become payable in respect of each person included in an application, on its lodgment, for the grant of a further entry permit, other than a temporary entry permit.
Sub-regulation 29A(1) amends sub-regulation 29A(1) to remove a possible inconsistency to provide that the fee is payable on lodging an application for the grant of a further temporary entry permit and on lodging an application for the grant of a further entry permit, other than a temporary entry permit, irrespective of the number of persons included in either type of application.