Migration Regulations (Amendment)

Overview

The Migration Regulations (Amendment) 1991 No. 349 was enacted to address a specific gap in the Migration Act 1958 by introducing additional public interest criteria for the granting of visas and entry permits. This amendment was made under the authority of the Minister for Immigration, Local Government and Ethnic Affairs and was intended to enable the Minister to refuse a visa or entry permit to individuals who are members of declared groups and cannot assure the Minister that they are unlikely to engage in unlawful activities while in Australia. The key objective of these amendments was to bolster the public interest criteria in the Migration Regulations, thereby providing the Minister with greater discretion in ensuring that visa applicants pose no security risk. The changes introduced by these regulations were temporary, ceasing to have effect on and after 6 March 1992.

Scope and Application

The Migration Regulations (Amendment) 1991 No. 349 applies to individuals and entities involved in the migration process within Australia, particularly those seeking visas or entry permits. These regulations amend the Migration Regulations 1994 by introducing a new criterion under the public interest criteria that enables the Minister to refuse a visa or entry permit to a person who is a member of a declared group and who cannot demonstrate that they are unlikely to engage in unlawful activities while in Australia. This regulation affects anyone applying for a visa or entry permit under the Migration Act 1958 and any organisations or groups of persons that may be declared as a body under the new regulation 3B. The jurisdictional reach of these regulations is national, applying throughout Australia as they are amendments to the federal Migration Act 1958. The regulations do not specify any exclusions, exemptions, or thresholds other than the conditions set for the public interest criteria. Furthermore, the application of these regulations may be extended or restricted through subordinate instruments made under the authority of the Minister for Immigration, Local Government and Ethnic Affairs.

Key Provisions

The Migration Regulations (Amendment) 1991 No. 349 introduces significant changes to the existing Migration Regulations by amending the public interest criteria for visa and entry permit applications. Specifically, Regulation 2 amends the definition of public interest criteria in subregulation 2(1) by inserting a new paragraph (ca). This new criterion allows the Minister to refuse a visa or entry permit to an individual who is a member of a declared group and is unable to demonstrate that they are unlikely to engage in unlawful activities while in Australia. Regulation 3 introduces a new regulation 3B, enabling the Minister to declare an organisation or group of persons as a declared body through a written notice, which is subject to disallowance procedures under section 46A of the Acts Interpretation Act 1901. These amendments impose specific obligations on applicants for visas or entry permits. Applicants must now satisfy the Minister that they are not likely to engage in unlawful activities, particularly if they are members of a declared group. Additionally, the Minister is now empowered to declare organisations or groups of persons as declared bodies, which can affect the eligibility of individuals associated with these groups for visas or entry permits. Regulation 4 provides that the amendments will cease to have effect on and after 6 March 1992. The proposed regulations introduce potential consequences for non-compliance with the new criteria. While the explanatory statement does not explicitly detail the penalties for breaches, it is implied that failure to meet the public interest criteria could result in the refusal of a visa or entry permit. The regulations are made under the authority of Sections 23, 33, and 181 of the Migration Act 1958, indicating that any breaches of the criteria could lead to administrative actions by the Minister. The Minister's power to declare groups as declared bodies also carries the potential for legal challenges or reviews under the disallowance procedures outlined in the Acts Interpretation Act 1901.