Migration Regulations (Amendment) 1991 No. 342
EXPLANATORY STATEMENT STATUTORY RULES 1991 No. 342
Issued by the Authority of the Minister for Immigration, Local Government and Ethnic Affairs
Migration Act 1958
Migration Regulations (Amendment)
Section 181 of the Migration Act 1958 (the Act) provides that the GovernorGeneral may make regulations for the purposes of the Act including making provision for and in relation to the lodging of documents. In addition sections 23 and 33 of the Act enable regulations to be made providing for different classes of visas and entry permits.
The purpose of the regulations is to lift certain sanctions against South Africa. The regulations make the following amendments to the Migration Regulations:
Regulation 2 omits subregulations (2) and (3) of regulation 11 of the Migration Regulations to remove the broad prohibition which limited the lodgement of visa applications in South Africa to certain specific instances. Accordingly visa applications may now be lodged in South Africa in the same way as in other countries.
Regulation 3 amends regulation 78 of the Migration Regulations to remove the prohibition against grant of a sport visa to individuals or teams representing South Africa when the relevant sport is certified by the Minister for Foreign Affairs and Trade to be a unified non-racial sport.
Authority: Sections 23, 33 and 181 of the Migration Act 1958
Overview
The Migration Regulations (Amendment) 1991 No. 342, issued under the authority of the Minister for Immigration, Local Government and Ethnic Affairs, was introduced to amend the Migration Regulations in response to evolving international relations, specifically with regard to South Africa. This amendment to the Migration Act 1958 was enacted to lift certain sanctions that had been imposed on South Africa, reflecting a policy shift aimed at fostering better diplomatic ties and encouraging cultural and sporting exchanges. The primary objective of these regulations is to facilitate the lifting of restrictions on the lodging of visa applications in South Africa and the granting of sport visas to individuals or teams from South Africa, provided that the relevant sport is recognised as a unified, non-racial entity by the Minister for Foreign Affairs and Trade. This legislative change underscores a move towards normalising interactions and promoting inclusivity in international sports and migration activities.
Scope and Application
The Migration Regulations (Amendment) 1991 No. 342, under the Migration Act 1958, amends the existing regulations to lift certain sanctions against South Africa by altering the procedures for lodging visa applications and granting sport visas. These amendments apply to individuals and entities in South Africa who wish to lodge visa applications or who seek to participate in unified, non-racial sports events. The regulations now allow for visa applications to be lodged in South Africa without the previous restrictions that limited such applications to specific instances, thus aligning the process with that of other countries. Additionally, the regulations amend the prohibition on granting sport visas to individuals or teams representing South Africa when the sport in question is certified by the Minister for Foreign Affairs and Trade as a unified, non-racial sport. The amendments extend to all persons and entities within South Africa involved in the lodging of visa applications or seeking to participate in international sporting events under the specified conditions. The changes are made under the authority granted by sections 23, 33, and 181 of the Migration Act 1958, with the intent to reflect updated policies and international relations regarding South Africa.
Key Provisions
The Migration Regulations (Amendment) 1991 No. 342 introduces amendments to the Migration Regulations under the authority of the Migration Act 1958. Section 2 of the amendment removes subregulations (2) and (3) of regulation 11, thus lifting the broad prohibition that previously restricted the lodging of visa applications in South Africa to specific instances. This change allows visa applications to be lodged in South Africa in the same manner as in other countries (Regulation 2). Additionally, Section 3 of the amendment alters regulation 78 to eliminate the prohibition on the issuance of sport visas to individuals or teams from South Africa when the relevant sport is recognised as a unified non-racial sport by the Minister for Foreign Affairs and Trade (Regulation 3).
The primary obligation imposed by these amendments is the facilitation of visa applications in South Africa without the previous restrictions. Visa applicants from South Africa can now submit their applications under the same conditions as applicants from other countries. Furthermore, the amendment mandates that the Minister for Foreign Affairs and Trade must certify whether a sport is unified and non-racial before a sport visa can be granted to individuals or teams from South Africa. This certification process ensures that the eligibility criteria for sport visas are met based on the inclusivity of the sport in question.
Failure to comply with these amended regulations may result in civil or criminal consequences. While the specific penalties are not detailed within the explanatory statement, the Migration Act 1958 provides a framework for enforcement. Typically, breaches of the Migration Act can lead to penalties such as fines, imprisonment, or both, depending on the severity of the breach. The maximum penalties can vary but often include significant fines and imprisonment terms that reflect the gravity of the non-compliance.