EXPLANATORY STATEMENT
Statutory Rules 1986 No. 384
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:
“(a) making provision for and in relation to the charging and recovery of fees in respect of -
(i) applications for entry permits, visas or return endorsements;
….”
These regulations omitted paragraph 29AB(5)(a) of the Migration Regulations, which was no longer necessary upon the introduction of the new resident return policy on 1 January 1987 and upon the insertion of regulation 29E (refund provisions) into the Migration Regulations on 1 November 1986. The new resident return policy simplifies the procedures for return of Australian residents to Australia.
These regulations also inserted a new regulation, regulation 29AC, into the Migration Regulations. This regulation provides for a fee to be payable in respect of an application for a resident return visa. Resident return visas were also introduced as part of the new resident return policy on 1 January 1987. They are issued instead of the previous return endorsements to enable an Australian resident who is overseas to travel back to Australia.
Details of the regulations are as follows:
• Regulation 1 provided that the regulations came into operation on 1 January 1987.
• Regulation 2 omitted paragraph 29AB(5)(a) of the Migration Regulations, which exempted certain persons from the charge payable upon lodging an application for a non-citizen conditional entry visa or a non-citizen entry visa (migrant entry).
• Sub-regulation 3(1) inserted regulation 29AC into the Migration Regulations. This regulation defines “resident” and “resident return visa”.
• Sub-regulation 3(2) provides for a fee of $50 to be payable in respect of an application for a resident return visa lodged in Australia and for a fee of $60 to be payable in respect of an application for a resident return visa where that application is lodged outside Australia.
Overview
The Migration Regulations (Amendment) Statutory Rules 1986 No. 384 were enacted by the Minister for Immigration and Ethnic Affairs under the authority of the Migration Act 1958. These regulations were introduced to streamline the processes and policies associated with the return of Australian residents to the country, particularly in response to the new resident return policy that commenced on 1 January 1987. The policy objective was to simplify and update the procedures for returning Australian residents, replacing the previous return endorsements with resident return visas. The regulations omitted certain outdated provisions and introduced new fees for resident return visa applications, aligning with the updated policy framework.
These amendments were made to ensure that the Migration Regulations remained consistent with the new resident return policy and the insertion of refund provisions on 1 November 1986. By omitting paragraph 29AB(5)(a) of the Migration Regulations, which was no longer necessary, and introducing a new regulation 29AC, the regulations aimed to provide clarity and efficiency in the application process for resident return visas. Regulation 29AC defines "resident" and "resident return visa" and specifies the fees for applications lodged within and outside Australia, at $50 and $60 respectively.
Scope and Application
The Migration Regulations (Amendment) Statutory Rules 1986 No. 384 applies to the implementation of the Migration Act 1958, specifically targeting the processes and fees associated with applications for entry permits, visas, and return endorsements. These regulations are designed to streamline the migration process for Australian residents and non-citizens, particularly in relation to the new resident return policy introduced on 1 January 1987. The regulations clarify the fee structure for applications lodged both within and outside Australia, establishing a $50 fee for resident return visa applications made in Australia and a $60 fee for those made overseas. Furthermore, the regulations omit certain exemptions previously applicable to charges for non-citizen entry visas, thereby ensuring a more uniform application of fees across the board. The scope of these regulations is national, affecting all persons and entities involved in migration applications within Australia, and they are enforced under the authority of the Commonwealth.
Key Provisions
The primary provisions of these regulations, referenced in Section 67 of the Migration Act 1958, involve the amendment and insertion of regulations concerning fees for visa applications and the implementation of a resident return policy. Specifically, Regulation 1 sets the commencement date of these regulations to 1 January 1987. Regulation 2 removes the exemption for certain individuals from fees related to non-citizen conditional entry visas or non-citizen entry visas (migrant entry) as outlined in paragraph 29AB(5)(a) of the Migration Regulations. Furthermore, Regulation 3 introduces Regulation 29AC, which defines terms such as "resident" and "resident return visa" and stipulates fees for applications lodged both within and outside Australia.
These amendments impose certain obligations and requirements on applicants. For instance, Regulation 29AC necessitates that individuals applying for a resident return visa must pay the specified fees. The fee is $50 if the application is lodged in Australia and $60 if lodged outside Australia. Additionally, the regulations require compliance with the new resident return policy, which simplifies the process for Australian residents returning to Australia by replacing previous return endorsements with resident return visas.
In terms of enforcement and consequences for non-compliance, the regulations do not explicitly state any specific offences or penalties within the provided text. However, it is implicit that failure to adhere to the new fee structures and policy requirements could result in refusal to process visa applications or other administrative penalties as prescribed by the broader Migration Act 1958 and associated regulations. For detailed information on penalties and enforcement mechanisms, one would need to refer to the overarching legislation and its applicable sections.