Migration (Review) (1993) Regulations (Amendment) 1993 No. 109
EXPLANATORY STATEMENT STATUTORY RULES 1993 No. 109
Issued by the Authority of the Minister for Immigration and Ethnic Affairs Migration Act 1958
Migration (Review) (1993) Regulations (Amendment)
Section 181 of the Migration Act 1958 (the Act) provides that the Governor-General may make regulations for the purposes of the Act. In addition sections 115 and 116 of the Act enable regulations to be made providing for, inter alia:
- the types of decisions to be reviewed,
- the manner and form of applications for such reviews, and
- the persons who may apply for such reviews. Details of the Regulations are as follows:
regulation 2 amends paragraph 35(2)(b) of the Migration (Review) (1993) Regulations to rectify an error in the paragraph to references to paragraphs 35(3)(b) and (c);
regulation 3 amends paragraph 39(2)(b) of the Migration (Review) (1993) Regulations to substitute "posted" for "sent", for consistency with paragraph 39(2)(a); and
regulation 4 inserts a new regulation 43A into the Migration (Review) (1993) Regulations for the purposes of paragraph 118(4)(ba) of the Act. Paragraph 118(4)(ba) provides for a review authority, when reviewing a decision, to remit the decision to the decision maker for reconsideration if the matter being reviewed is one prescribed by the Regulations. When remitting the decision for review, the review authority may make such directions or recommendations as are permitted by the Regulations. New regulation 43A, for the purposes of paragraph 118(4)(ba) of the Act, provides that an application for a visa or entry permit is a prescribed matter, and that a permissible direction is that the applicant has satisfied a specified criterion for the visa or entry permit.
The Regulations would commence on gazettal.
Overview
The Migration (Review) (1993) Regulations (Amendment) 1993 No. 109 was introduced to amend the Migration (Review) (1993) Regulations under the Migration Act 1958. Enacted by the Minister for Immigration and Ethnic Affairs, this legislative amendment aims to rectify specific errors and inconsistencies within the regulations to ensure a more coherent and functional framework for the review of migration-related decisions. The policy objective is to streamline the review process and enhance the clarity and precision of the regulatory provisions governing visa and entry permit applications. The amendments address technical errors and harmonise terminology to better align with the overarching objectives of the Migration Act 1958, thereby facilitating more effective administrative and judicial reviews.
Scope and Application
The Migration (Review) (1993) Regulations (Amendment) 1993 No. 109, made under the authority of the Minister for Immigration and Ethnic Affairs pursuant to the Migration Act 1958, pertain to the review of certain migration-related decisions. These regulations apply to individuals and entities that are subject to the provisions of the Migration Act, including those seeking or holding visas, entry permits, and other related permissions. They are designed to amend the existing Migration (Review) (1993) Regulations to ensure consistency and rectify errors, thereby impacting the administrative processes and outcomes for applicants and decision-makers in the migration sphere. The application of these regulations is nationwide, as they fall under the Commonwealth jurisdiction, affecting all states and territories of Australia. The amendments include technical corrections and the introduction of a new regulation, ensuring that the review process is conducted in a manner that is both coherent and legally sound. The regulations do not specify exclusions, exemptions, or thresholds beyond what is already defined in the Migration Act 1958.
Key Provisions
The main operative sections of the Migration (Review) (1993) Regulations (Amendment) 1993 No. 109, as amended, provide specific updates to the review process for decisions made under the Migration Act 1958. Regulation 2 corrects a reference error in paragraph 35(2)(b), ensuring that it properly aligns with other referenced paragraphs. Regulation 3 standardises terminology by replacing "sent" with "posted" in paragraph 39(2)(b), aligning it with the terminology used in paragraph 39(2)(a). Regulation 4 introduces a new regulation 43A, which specifies that an application for a visa or entry permit is a prescribed matter under paragraph 118(4)(ba) of the Act, and allows the review authority to direct that the applicant has satisfied a specified criterion for the visa or entry permit when remitting the decision for reconsideration.
These Regulations impose several obligations and requirements on parties involved in the migration review process. Firstly, they ensure that any amendments to the review process are clearly communicated and consistently applied, maintaining the integrity and fairness of the review process. Secondly, by clarifying the types of decisions that can be reviewed and the manner in which applications for such reviews should be made, the Regulations provide a structured framework for both applicants and decision-makers. Finally, the introduction of regulation 43A adds an additional layer of oversight by allowing the review authority to provide specific directions when remitting decisions for reconsideration, thereby enhancing the effectiveness of the review process.
The Act does not explicitly outline specific offences or penalties for breaches of these Regulations within the text provided. However, breaches of regulations made under the Migration Act 1958 can generally lead to various consequences, including administrative penalties, revocation of visas, or other administrative actions. The severity of these consequences would depend on the nature and extent of the breach, as well as any additional provisions or guidelines set out in the primary Act or related legislation. Maximum penalties, where applicable, would typically be detailed in the Act itself or in other relevant statutory instruments.