Migration Regulations (Amendment)

Overview

The Migration Regulations (Amendment) 1989 No. 146 amends the Migration Regulations, which were established under the Migration Act 1958. This amendment was introduced to rectify an oversight in the Migration Legislation Amendment (Consequential Amendments) Act 1989 and the Migration Legislation Amendment Act 1989, which rendered the power to make regulations concerning fees non-existent at the time the Migration (Criteria and General) Regulations were created. The primary objective of this amendment was to reinstate the regulatory framework concerning fees as it existed in the previous regulations, ensuring consistency and continuity in the administration of fees under the Act. The regulation was enacted by the Parliament of Australia, and the amendment commenced upon notification in the Commonwealth Gazette. The key amendments involve the repeal and reinsertion of specific clauses and a schedule within the Migration Regulations, specifically those concerning fees. This includes the fees for various types of visas and entry permits, exemptions for certain applicants, and transitional provisions for applicants who had previously requested reconsideration before a specific date. The amendment ensures that the regulations concerning fees are now validly made under the amended Act, thereby addressing the legislative gap identified in the earlier acts.

Scope and Application

The Migration Regulations (Amendment) 1989 No. 146 pertains to the Migration Act 1958, governing the regulation of fees associated with various visa applications and entry permits in Australia. This amendment applies to individuals and entities seeking to apply for or obtain different types of visas and entry permits, including student, permanent, temporary, skilled occupation, confirmatory, extended eligibility, and return visas. The scope of the Regulation extends to transactions and conduct related to these visa applications and entry permits, specifically focusing on the financial aspects of processing and granting such visas. Geographically, the application of these Regulations is national, as they are enacted under the Commonwealth of Australia, thereby ensuring uniformity across all states and territories. The Regulations include detailed provisions for fee structures, exemptions, and conditions under which fees may be waived or refunded, while also specifying certain thresholds and classifications that determine the applicable fees. Any exclusions or exemptions from these fees are explicitly outlined within the Regulations, and the application of these provisions may be extended or further specified through subordinate instruments, such as additional schedules and detailed explanatory notes.

Key Provisions

The key provisions of the Migration Regulations (Amendment) 1989 No. 146, which amend the Migration Act 1958, primarily revolve around the fees associated with various visa applications and entry permits. Clause 1 of the amendment specifies that the term "Principal Regulations" refers to the Migration Regulations. Clause 2 repeals and reinserts Division 3 of Part 8 of these Regulations, which concerns fees. Regulation 183 (Regulation 183) prescribes the fees for the grant of visas and entry permits, cross-referencing Schedule 8. It also allows the Minister to grant a student entry permit without fee payment if the Minister is satisfied that the fee will be paid by the responsible government. Regulation 184 (Regulation 184) exempts permanent residents, who entered Australia on a temporary entry permit, from paying a fee when applying for a permanent entry permit. Regulation 185 (Regulation 185) specifies fees for temporary entry permits granted only in Australia, while Regulation 186 (Regulation 186) distinguishes between fees for certain permanent entry permits based on the applicant's status. Regulation 187 (Regulation 187) sets out fees for skilled occupation entry permits, differentiating between types of applicants. Regulation 188 (Regulation 188) specifies fees for confirmatory entry permits, again distinguishing between applicants. Regulation 189 (Regulation 189) sets out fees for extended eligibility (economic) entry permits. Regulation 190 (Regulation 190) details fees for return visa, Class B, with distinctions based on application location and other criteria. Regulation 191 (Regulation 191) specifies fees for visas enabling re-entry to Australia, while Regulation 192 (Regulation 192) prescribes sponsorship fees for visa or temporary entry permit applications. Regulation 194 (Regulation 194) sets the fee for language tests, and Regulation 195 (Regulation 195) outlines circumstances for fee refunds. Regulation 196 (Regulation 196) exempts applicants who previously requested reconsideration of a visa or entry permit before a specific date from paying fees if the request was not determined by another specified date. The obligations imposed by these Regulations on parties, particularly applicants for visas and entry permits, include the payment of specified fees as outlined in the Regulations. Applicants must ensure they pay the correct fee for their specific visa or permit type, as detailed in Regulations 183 to 196. The Minister's discretion to waive fees for student entry permits (under Regulation 183) and the exemption of certain permanent residents from fees (under Regulation 184) are also significant obligations that applicants must be aware of. The Regulations also impose a requirement on the Minister to satisfy themselves that a fee will be paid by the responsible government before granting a student entry permit without fee payment. Additionally, the obligation to pay sponsorship fees (under Regulation 192) falls on the sponsor of the visa or temporary entry permit application. The Migration Regulations (Amendment) 1989 No. 146 also outlines various penalties and consequences for non-compliance with the fee provisions. While specific maximum penalties are not stated in the Regulations, non-payment of prescribed fees when required can lead to the denial of a visa or entry permit application. The Minister’s authority to grant a student entry permit without fee payment is contingent on the Minister's satisfaction that the fee will be paid by the responsible government, which implies a potential administrative review or investigation in cases of non-compliance. Furthermore, the exemption provisions, such as those in Regulation 186 and Regulation 196, are strictly time-bound and non-compliance with these conditions may result in the loss of eligibility for the exemption, thereby necessitating fee payment. These regulatory provisions ensure that the administrative process for visa and entry permit applications is orderly and that the associated fees are managed effectively.