EXPLANATORY STATEMENT
STATUTORY RULES NO 313 OF 1987
Migration Regulations (Amendment)
Issued by the authority of the Minister for Immigration Local Government and Ethnic Affairs
Section 67 of the Migration Act 1958 (“the Act”) insofar as is relevant, prescribes that the Governor-General may make regulations not inconsistent with the Act, prescribing all matters required or permitted by the Act to be prescribed, including regulations making provision for and in relation to the charging and recovery of different fees in respect of different classes of visas.
Regulation 29A of the Migration Regulations (“the Regulations”) prescribes the fee payable on lodging an application for the grant of a further temporary entry permit other than a conditional temporary entry permit, and the fee payable for the grant of a further entry permit, other than a temporary entry permit, in respect of an application for the grant of resident status.
An amendment was required to remove an anomaly in regulation 29A which only refers to fees payable on an application for a further entry permit. Applications are received from persons who do not hold an entry permit (for example stowaways) and thus they are not applying for the grant of a further entry permit. Consequentially, no fee is payable.”
The regulations also amended regulation 29AB to provide a new $1000 visa fee where an application is made by a person for a non citizen conditional entry visa or a non citizen permanent entry visa on certain prescribed conditions. These conditions are limited to persons who have entered into a business partnership or joint venture partnership, to be conducted in Australia, as evidenced in writing, or by a person who intends to transfer or bring into Australia assets for the purpose of a business enterprise an amount of not less than $500,000.
Details of the regulations are as follows:
• Regulation 1 provides that this amendment came into operation on 1 January 1988
• Regulation 2 defines the “Principal Regulations” to mean the Migration Regulations
• Regulation 3 amended regulation 29A to provide that where a person lodges an application for a prescribed temporary entry permit or for an entry permit other than a temporary entry permit, the fee payable on lodging the application is $50 or $300 respectively.
• Regulation 4 amended regulation 29AB to provide that where a person applies for a non citizen conditional entry visa, or a non citizen entry visa and provides in relation to that application, evidence in writing that he/she has either entered into a business partnership or joint venture partnership to be conducted in Australia or intends to bring assets of not less than $500,000 into Australia for the purposes of a business enterprise, the fee payable in respect of the application, is $1000.
Overview
The Migration Regulations (Amendment) Statutory Rules 1987 were enacted to address discrepancies in fee structures for visa applications under the Migration Act 1958. Specifically, these amendments were introduced to rectify an anomaly in Regulation 29A, which previously failed to account for individuals who did not hold an entry permit when applying for temporary or permanent visas. This oversight led to situations where no fees were charged to individuals such as stowaways who lodged applications, creating an inconsistency in the regulatory framework. The policy objective behind these amendments was to ensure a uniform fee structure for all visa applications, regardless of the applicant's prior visa status. The regulations came into effect on 1 January 1988 and introduced a new fee of $1000 for applications supported by written evidence of a business partnership or joint venture partnership intended to be conducted in Australia, or for those intending to bring assets of at least $500,000 for a business enterprise.
Scope and Application
The Migration Regulations (Amendment) Statutory Rules No 313 of 1987, made under Section 67 of the Migration Act 1958, amend the Migration Regulations to address specific anomalies in the fee structure for applications for temporary and entry permits. The amendment applies to individuals lodging applications for further temporary entry permits or entry permits who do not currently have an entry permit, such as stowaways, by clarifying the fees payable upon application lodging. Additionally, the amendment introduces a new $1000 fee for applications made by non-citizens for a non-citizen conditional entry visa or a non-citizen permanent entry visa, provided the applicant has entered into a business partnership or joint venture partnership to be conducted in Australia, or intends to bring assets of at least $500,000 into Australia for a business enterprise. These regulations came into operation on 1 January 1988 and are designed to ensure clarity and consistency in the fee structure for various visa applications under the Migration Regulations.
Key Provisions
The principal operative sections of these regulations, specifically regulation 3, amend regulation 29A of the Migration Regulations to correct an anomaly in the fee structure. Regulation 29A now specifies that the fee payable on lodging an application for a prescribed temporary entry permit is $50, and for an entry permit other than a temporary entry permit, the fee is $300. These fees apply regardless of whether the applicant currently holds an entry permit. Additionally, regulation 4 amends regulation 29AB to introduce a new $1000 visa fee for applicants who are seeking a non-citizen conditional entry visa or a non-citizen permanent entry visa under specific conditions. These conditions include evidence of entering into a business partnership or joint venture partnership to be conducted in Australia or an intention to bring assets worth at least $500,000 into Australia for a business enterprise.
The amended regulations impose specific obligations on applicants for various types of visas under the Migration Act. For applicants lodging an application for a prescribed temporary entry permit or an entry permit other than a temporary entry permit, the obligation is to pay the respective fees of $50 or $300 as outlined in regulation 3. For applicants seeking a non-citizen conditional entry visa or a non-citizen permanent entry visa under prescribed conditions, such as entering into a business partnership or intending to bring significant assets for a business, the obligation is to pay a fee of $1000 as stipulated in regulation 4. Furthermore, applicants must provide written evidence to substantiate their claims of entering into a partnership or bringing assets into Australia for a business.
Failure to comply with the new fee requirements set out in these regulations may result in legal consequences. While the regulations themselves do not explicitly outline specific penalties for non-compliance, breaches of the Migration Act or its associated regulations can lead to civil or criminal penalties. Under the Migration Act, non-compliance with fee requirements may be considered an offence, potentially leading to fines or other penalties as prescribed by law. The maximum penalties for breaches of the Migration Act can include substantial fines and, in serious cases, imprisonment. It is essential for applicants to adhere to the fee obligations to avoid any adverse legal consequences.