EXPLANATORY STATEMENT
Subject - Migration Act 1958
Migration Regulations (Amendment)
1990 No. 339
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.
The purpose of the Regulations is to amend the Migration Regulations to extend the operation of regulations 119F and 119G of the Migration Regulations from 31 October 1990 to 30 June 1991. Currently these regulations allow Lebanese and Sri Lankan citizens who were in Australia on 31 July 1990 to stay on in Australia up to 31 October 1990 because of political events in their home countries.
The amendments sought will allow Lebanese and Sri Lankan citizens who are temporarily in Australia on 31 October 1990, to remain in Australia up to 30 June 1991. The extension is considered appropriate because of the continued political conditions in their home countries.
The Regulations also add an extra criterion to regulations 119F and 119G to be met before an entry permit is granted under one of these regulations. This criterion will require that an applicant not have been arrested under sections 92 or 93 of the Migration Act after 31 October 1990 and before lodging an application for one of these entry permits.
| Authority: | Sections 23, 33, 181 of the Migration Act 1958 |
Issued by the Minister for Immigration, Local Government and Ethnic Affairs
Overview
The Migration Regulations (Amendment) 1990 No. 339 were introduced as an amendment to the Migration Act 1958 to address the ongoing political instability in Lebanon and Sri Lanka, which had caused significant displacement for citizens of these countries. Enacted by the Minister for Immigration, Local Government and Ethnic Affairs, the amendments aimed to provide temporary relief to Lebanese and Sri Lankan citizens who were already in Australia by extending their permitted stay. This extension was originally set to expire on 31 October 1990 but was subsequently prolonged until 30 June 1991 due to the persistent political conditions in their home countries. Additionally, the amendments introduced a new criterion for the granting of entry permits, stipulating that applicants must not have been arrested under specific sections of the Migration Act after 31 October 1990 before applying for the permit. The policy objective was to offer continued support to those affected by the political unrest in their countries while ensuring compliance with Australian immigration laws.
Scope and Application
The Migration Regulations (Amendment) 1990 No. 339 amends the Migration Regulations to extend the operation of regulations 119F and 119G, allowing Lebanese and Sri Lankan citizens who were in Australia on 31 July 1990 to remain in the country until 30 June 1991 due to ongoing political instability in their home countries. This extension aims to accommodate individuals who were already in Australia as of 31 October 1990, thereby granting them additional time to stay in the country. These regulations apply specifically to Lebanese and Sri Lankan citizens affected by the political conditions in their respective nations and are designed to provide them with the opportunity to remain in Australia beyond the initially stipulated period. Furthermore, the amendments introduce an additional criterion for granting entry permits under these regulations, stipulating that applicants must not have been arrested under sections 92 or 93 of the Migration Act between 31 October 1990 and the time of their application. These regulations, made under the authority of sections 23, 33, and 181 of the Migration Act 1958, are issued by the Minister for Immigration, Local Government and Ethnic Affairs.
Key Provisions
The primary provisions of the Migration Regulations (Amendment) 1990 No. 339, as referenced in section 181 of the Migration Act 1958, are designed to extend the duration of certain visa provisions for Lebanese and Sri Lankan citizens already in Australia. Specifically, regulations 119F and 119G, which were initially set to expire on 31 October 1990, are now extended to 30 June 1991 (reg. 1(1)). This extension is granted due to ongoing political instability in Lebanon and Sri Lanka, as stated in the explanatory statement. Furthermore, a new criterion has been added to these regulations (reg. 1(2)). This criterion stipulates that applicants must not have been arrested under sections 92 or 93 of the Migration Act after 31 October 1990 and before applying for the entry permits covered by regulations 119F and 119G.
The obligations imposed by the amended regulations primarily concern Lebanese and Sri Lankan citizens who were in Australia as of 31 October 1990. These citizens must now meet the new criterion before an entry permit can be granted, specifically ensuring they have not been arrested under sections 92 or 93 of the Migration Act between 31 October 1990 and their application date. Additionally, the Department of Immigration and Border Protection must ensure that these regulations are properly enforced and that all applicants comply with the new conditions before any entry permit is issued.
Failure to comply with the new criterion or the extended duration provided by the amended regulations could result in civil or criminal consequences. Although the explanatory statement does not detail specific penalties, it is reasonable to infer that non-compliance with the Migration Act 1958 could lead to actions such as deportation, fines, or imprisonment. The maximum penalties for breaches of the Act, as specified in other sections, can include fines of up to $22,200 and imprisonment for up to three years, depending on the severity of the offence. The precise penalties would be determined by the courts based on the nature and circumstances of the breach.