Migration Regulations (Amendment)

Legislation au C2004L05173 Regulations Not in force Legislative Instrument

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EXPLANATORY STATEMENT

STATUTORY RULES NO. 66 OF 1989

Migration Regulations (Amendments)

Issued by the authority of the

Minister for Immigration,

Local Government and Ethnic Affairs

Subject -

Migration Act 1958

Migration Regulations (Amendment)

 

Section 67 of the Migration Act 1958 (the Act), provides 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 the charging and recovery of fees in respect of applications for entry permits and visas.

The amending regulations amended the Migration Regulations (the Regulations) to set up a second application regime to allow for unsuccessful prescribed applicants for visas and entry permits to lodge a second application, upon payment of a fee of S240.

Such applications will be required to be lodged in Australia. After lodgement, the applications will be considered independently from normal “original” applications. These applications will then be considered by the Minister or one of his or her delegates.

Details of the regulations are set out in the attachment hereto.

ATTACHMENT

Details of the regulations are as follow:

Clause 1

This clause defines the Migration Regulations as the “Principal Regulations” for the purposes of the amending regulations.

Clause 2

This clause inserts 2 new definitions into regulation 3 of the Principal Regulations, namely, “Australian permanent resident” and “close relative”.

The definitions are necessary as under the new second application regime, some applicants must have the support of an Australian citizen or Australian permanent resident who is related to the applicant in the manner prescribed.

Clause 3

This clause repeals subregulation 29A(2B), which is now no longer appropriate as the new regulation 29B includes provisions dealing with second applications for further temporary entry permits. This subregulation provided that no fee was payable in respect of a second application for the grant of a further temporary entry permit if the applicant had previously applied for a further temporary entry permit, and was seeking a reconsideration of the decision to refuse such a temporary entry permit.

Clause 4

This clause inserts new regulations into the Principal Regulations.

Regulation 29B

This new regulation provides that a person lawfully in Australia at the time of lodgement of their original application may make a second application to seek an entry permit unrestricted as to time or conditions, or a further temporary entry permit.


In the case of a person seeking an entry permit under section 6 in connection with section 6A of the Act, ie. an entry permit granted after entry, a person may lodge a second application within 28 days after being notified of the refusal of their original application. Such a second application can be lodged by the person without any form of support being necessary.

In the case of a person who is seeking an extension of a temporary entry permit with permission to work, an application under the second application regime may be lodged by the person within 14 days after being notified of the refusal of the original decision. This application also does not require any form of support. A person seeking an extension of a temporary entry permit granted to allow the person to enter Australia for the purpose of either business discussions in Australia or pre-arranged medical treatment is subject to the same requirements.

Any other person who has entered Australia on the basis of a temporary entry permit issued for any other reason who seeks to lodge a second application in respect of an extension of their temporary entry permit also has 14 days to lodge that second application. Such a person must however have the support of a close relative in lodging their second application. This requirement has been set so that the system is not abused by persons who have come to Australia as tourists and have no connection with Australia.

Regulation 29BA

This new regulation provides for second applications in respect of applications for a visa in relation to a temporary entry permit.

A person seeking to lodge a second application must have support from a person in Australia. In the case of a person who sought, in the original application, to enter Australia to engage in employment, to enter into a business partnership or joint venture or for the purpose of business negotiations, support for the second application should be given by the original prospective employer, business partner or joint venturer. This provision enables business people with a genuine connection with Australia to be eligible to make a second application.


In the case of any other person seeking a visa in relation to temporary entry permit, such a person must have the support of a close relative. This requirement has been set so that the system is not abused by persons who are seeking to come to Australia as tourists and have no connection with Australia.

Regulation 29BB

This new regulation provides for second applications in respect of a visa in relation to migrant entry under certain schemes and programs administered by the Department which require some form of support at the initial application stage.

Similarly to other preceding provisions, such an application must be supported. The second application must be supported by the same person who supported the original application. This requirement has been set as without it, a person could lodge a second application on the basis of support obtained since the refusal of the original application. If this could occur, the system could be abused by persons who have obtained support solely for the purpose of lodging the second application.

Regulation 29BC

This new regulation provides for second applications to be lodged by persons who have been refused the grant of a resident return visa. Such persons may be either within or outside Australia but the application must be lodged in Australia.

Regulation 29BD

Because of the often sensitive nature of the decision making involved it is appropriate that certain classes of persons not have the right to lodge a second application under these amending regulations. In particular, persons seeking to enter Australia as a refugee or under a special humanitarian program administered by the Department of Immigration, Local Government and Ethnic Affairs are to be excluded. Persons seeking to enter as students are to be excluded because the basis of their entry into Australia is to study and then return to their home country.


Decisions taken initially by the Minister are also to be excluded from the system because the Minister in his or her capacity as the ultimate decision-maker should not be required to reconsider a decision previously made in that capacity.

Clause 5

This clause provides for transitional provisions to be included to accommodate persons who had received written notification that they had the right to lodge an application for review, under the previously existing administratively based review system. Such persons should be able to use the new second application regime as the sudden cessation of the previous system meant that many people would not have had the opportunity to lodge their applications for review.

The clause also provides that persons who already have an application under consideration under the previous administratively based review system should not be able to lodge a second application under these amending regulations.

Overview

The Migration Regulations (Amendment) Statutory Rules No. 66 of 1989 were introduced to address the need for a structured second application regime for unsuccessful applicants of visas and entry permits under the Migration Act 1958. The amending regulations were issued by the authority of the Minister for Immigration, Local Government and Ethnic Affairs. The primary objective of these regulations was to establish a formal process for applicants who had been refused a visa or entry permit to lodge a second application, subject to the payment of a fee, and to ensure that these applications are considered independently from the original applications. This approach aimed to provide a fair opportunity for applicants to present their case again while also safeguarding the integrity of the immigration system by setting specific conditions and requirements for such second applications. The amendments introduced several new definitions and regulations into the Migration Regulations, including provisions for different categories of second applications and the requisite support from Australian citizens or permanent residents for certain types of applicants. Additionally, the regulations set specific timeframes for lodging second applications and outlined categories of persons who were excluded from the right to lodge a second application, such as those seeking entry as refugees or under special humanitarian programs. These measures were designed to balance the need for a fair review process with the necessity to prevent abuse of the system by individuals with no genuine connection to Australia.

Scope and Application

The Migration Regulations (Amendment) Statutory Rules 1989, issued under the authority of the Minister for Immigration, Local Government and Ethnic Affairs, amend the Migration Regulations to establish a second application regime for certain visa and entry permit applicants who have been unsuccessful in their initial application. This regime applies to individuals who are lawfully in Australia at the time of lodging their original application and allows them to lodge a second application after paying a fee of S240. These second applications must be lodged within specified timeframes and are considered independently from the original applications, with the decision resting with the Minister or a delegate. The regulations apply to individuals seeking an entry permit unrestricted as to time or conditions, further temporary entry permits, or extensions of temporary entry permits, with certain categories requiring support from an Australian citizen or permanent resident. Notably, the second application regime does not extend to those seeking to enter Australia as refugees, under special humanitarian programs, or as students, nor does it apply to decisions made by the Minister. The amendments also include transitional provisions to allow those who had been notified of their right to lodge an application for review under the previous system to use the new regime, while preventing those already under consideration in the previous system from lodging a second application under the new regime.

Key Provisions

The Migration Regulations (Amendment) introduce a new regime that allows certain applicants who have been unsuccessful in their visa applications to lodge a second application, subject to certain conditions and the payment of a fee of $240 (Clause 1, Regulation 29B). This regime applies to individuals who were lawfully in Australia at the time of their original application and who wish to seek an entry permit unrestricted as to time or conditions, or a further temporary entry permit. The new regime is designed to provide a further opportunity for these applicants to be considered by the Minister or their delegate, independently from the original application process. Under the new regime, applicants must meet specific criteria and deadlines for lodging their second applications. For example, those seeking an entry permit granted after entry must lodge their second application within 28 days of being notified of the refusal of their original application (Regulation 29B). Similarly, those seeking an extension of a temporary entry permit with permission to work, or for business discussions or pre-arranged medical treatment, must lodge their second application within 14 days of being notified of the refusal of their original decision (Regulation 29B). Other applicants seeking an extension of their temporary entry permit must also lodge their second application within 14 days of being notified of the refusal of their original decision but must have the support of a close relative to do so (Regulation 29B). The new regime also includes provisions for second applications in respect of visas in relation to temporary entry permits, migrant entry under certain schemes and programs, and resident return visas (Regulations 29BA, 29BB, and 29BC). These provisions require the support of a person in Australia, such as a prospective employer or a close relative, depending on the circumstances of the applicant. However, certain classes of persons, such as those seeking to enter Australia as refugees or under a special humanitarian program, or as students, are excluded from the new regime (Regulation 29BD). Failure to comply with the requirements of the new regime, including the payment of the applicable fee, may result in the second application being invalid and subject to refusal. Additionally, the Minister or their delegate may impose penalties or take other action against applicants who abuse the system or provide false or misleading information in their second application. The maximum penalties for such offences are not specified in the amending regulations but may be found in other relevant legislation. In summary, the Migration Regulations (Amendment) introduce a new regime that allows certain unsuccessful visa applicants to lodge a second application, subject to specific conditions and the payment of a fee. The new regime includes provisions for different types of second applications, depending on the circumstances of the applicant, and requires the support of a person in Australia in some cases. Certain classes of persons are excluded from the new regime, and failure to comply with its requirements may result in penalties or other action being taken against the applicant.

Legal classification tags

Area of Law
Immigration & Refugee Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Regulatory Standards
Licensing & Registration
Reporting & Disclosure Obligations
Catchwords
Fees
Second Application Regime

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.