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.
Overview
The Migration Regulations (Amendment) Statutory Rules No. 375 of 2004, made under section 67 of the Migration Act 1958, were introduced to address issues related to the charging and recovery of fees for applications for entry permits. This amendment was enacted by the relevant legislature and aimed to streamline the fee structure for various types of entry permit applications, particularly focusing on temporary entry permits for fiancés and professionally qualified individuals. The policy objective behind these changes was to ensure a more consistent and fair fee structure, particularly by removing inconsistencies and potential for multiple fees in certain scenarios, thereby facilitating smoother transitions from temporary to permanent residency for eligible applicants.
Scope and Application
The Migration Regulations (Amendment) Statutory Rules No. 375, issued under the authority of the Minister for Immigration and Ethnic Affairs, amend the Migration Regulations to adjust fee requirements for certain entry permits. These amendments apply to individuals who have been granted temporary entry permits for specific purposes, such as marrying a person resident in Australia or obtaining recognition of a professional qualification. If a valid marriage occurs or a professional qualification is recognised through an examination or supervised training, no fee is required for subsequent entry permit applications. The amendment ensures that fees are only payable for applications for further temporary entry permits, aligning with the new migration policy effective from 19 April 1982. The changes aim to streamline the process for individuals who meet specific criteria, thereby reducing administrative burdens and costs associated with multiple applications.
Key Provisions
The Migration Regulations, as amended by Statutory Rules No. 375, introduce several key provisions concerning fees for entry permit applications. Firstly, under the new regulations, a fee is not required if a temporary entry permit is granted to a person to enter Australia for the purpose of marrying an Australian resident, and a valid marriage takes place (Migration Regulations, sub-regulation 29A(1A)). Similarly, for professionally qualified persons granted a temporary entry permit to obtain recognition of their qualifications, no fee is required for a further entry permit if the person successfully gains recognition through an examination or supervised course of training (Migration Regulations, sub-regulation 29A(1B)). However, fees are still required for applications for further temporary entry permits, as well as for other types of entry permits, regardless of the number of persons included in the application (Migration Regulations, sub-regulation 29A(1)).
These amendments impose specific obligations on applicants. For instance, if an applicant is a fiancé intending to marry an Australian resident, they must ensure that the marriage is solemnised in Australia to avoid fees on future entry permit applications. Similarly, a professionally qualified person must successfully complete the required examination or training to gain recognition of their qualifications in Australia. Additionally, applicants for temporary entry permits must still comply with the fee requirements outlined in the regulations.
Breach of these fee requirements can lead to various consequences. While the specific penalties are not detailed in the explanatory statement, generally, non-compliance with migration regulations can result in fines, cancellation of permits, or even deportation. For instance, if a person fails to meet the conditions for fee exemption by not marrying an Australian resident or obtaining qualification recognition, they may face penalties for incorrect fee payment or non-payment. Furthermore, repeated or deliberate non-compliance could result in more severe sanctions, including legal action and potential criminal charges.