Migration Regulations (Amendment)

Overview

The Migration Regulations (Amendment) 1992 No. 125 were enacted to address specific gaps and issues within the Migration Regulations under the Migration Act 1958. The regulations were issued by the Minister for Immigration, Local Government and Ethnic Affairs and aim to enhance the flexibility and precision of visa and entry permit provisions. One of the key objectives is to allow the issuance of exchange visas for periods exceeding two years, thereby removing an unnecessarily restrictive condition. Additionally, the regulations modify the family relationship visa to ensure it is only available to applicants visiting relatives in Australia who have a close family connection, with at least one family member being an Australian citizen or permanent resident. The amendments also reflect Australia's recognition of Croatia and Slovenia as independent states by renaming the relevant temporary entry permits and extending their validity period. Furthermore, the regulations clarify the criteria for restraining orders and injunctions related to certain entry permits, ensuring they serve as clear evidence of the breakdown of a marriage. The policy objective is to refine the existing regulations to better align with Australia's immigration policies and international relations.

Scope and Application

The Migration Regulations (Amendment) 1992 No. 125 pertains to the Migration Act 1958 and serves to modify the existing regulations concerning various types of visas and entry permits. These amendments are made to accommodate recent geopolitical changes, such as the recognition of Croatia and Slovenia as independent states, by renaming the relevant entry permits accordingly. Additionally, the amendments extend the validity period of certain temporary entry permits until 31 July 1992 and adjust the criteria for specific visas, including the exchange visa, family relationship visa, and entry permits for nationals from the People's Republic of China, Sri Lanka, and other regions. The regulations also refine the conditions under which restraining orders or injunctions may be accepted as evidence of a marriage breakdown for certain entry permits. Notably, several of these amendments are retrospective, and while they provide benefits to individuals, they do not disadvantage anyone and are compliant with the Acts Interpretation Act 1901.

Key Provisions

The Migration Regulations (Amendment) 1992 No. 125 provides several key amendments to the existing Migration Regulations under the Migration Act 1958. Firstly, Regulation 40 alters the title of the entry permit following Australia's recognition of Croatia and Slovenia as independent states. Regulation 64 removes the two-year restriction on the exchange visa, allowing exchanges to exceed this period. Regulation 66 modifies the family relationship visa, restricting its availability to applicants visiting relatives in Australia or families with a close connection to the applicant's family, where the family in Australia includes at least one Australian citizen or permanent resident. Regulation 118 extends the Yugoslav (temporary) entry permit, now renamed to reflect Australia's recognition of Croatia and Slovenia, to 31 July 1992. Regulation 119G extends the Sri Lankan (temporary) entry permit to 31 July 1992 for applicants legally in Australia on 30 April 1992. Regulation 119H requires applicants for a PRC (temporary) entry permit to have entered Australia as citizens of the PRC and not hold citizenship or residence rights in any other country. Regulations 126 and 135 more precisely define restraining orders or injunctions required as evidence of the breakdown of a marriage under the extended eligibility (spouse) entry permit and the spouse (after entry) entry permit respectively. Lastly, Regulation 139 makes a technical correction and omits a redundant criterion in the skilled occupation entry permit. These amendments are designed to reflect the current geopolitical situation and to provide clarity and precision in the application process. The amended regulations impose several obligations and requirements on applicants and visa holders. For example, applicants for a family relationship visa must now demonstrate a close family connection with a resident family in Australia, where at least one member of that family is an Australian citizen or permanent resident. The exchange visa now allows for exchanges exceeding two years, providing greater flexibility for those involved in long-term exchange programs. The Yugoslav (temporary) entry permit, now extended and renamed, applies to individuals from Croatia and Slovenia, ensuring that they can continue to legally reside in Australia until 31 July 1992. Similarly, the Sri Lankan (temporary) entry permit is extended for applicants legally in Australia on 30 April 1992. For applicants seeking a PRC (temporary) entry permit, they must have entered Australia as citizens of the PRC and not hold citizenship or residence rights in any other country. Regulations 126 and 135 impose specific requirements for evidence of a marriage breakdown when applying for the extended eligibility (spouse) entry permit and the spouse (after entry) entry permit, respectively. These changes ensure that the application process is fair, transparent, and reflective of current geopolitical realities. The Migration Regulations (Amendment) 1992 No. 125 does not explicitly state any new offences, penalties, or civil/criminal consequences for breaches of the amended regulations. However, breaches of the Migration Act 1958 or the amended regulations may result in penalties under the Act. These penalties can include fines, imprisonment, or both, depending on the severity and nature of the breach. For example, under section 230 of the Migration Act, a person who provides false or misleading information in a visa application may be liable to a penalty of up to 10 penalty units (currently AUD 2,220) for each offence, in addition to any other penalties or consequences that may apply. Similarly, under section 231, a person who contravenes certain visa conditions may be liable to a penalty of up to 50 penalty units (currently AUD 11,100) for each offence, in addition to any other penalties or consequences that may apply. It is important for applicants and visa holders to comply with the amended regulations to avoid any potential penalties or consequences.