EXPLANATORY STATEMENT
Subject: Migration Act 1958
Migration (Review) Regulations (Amendment)
1990 No. 110
Section 181 of the Migration Act 1958 (the Act) provides the power in so far as is relevant to prescribe matters which are required by the Act and which are necessary or convenient to be prescribed for the carrying out or giving effect to the Act.
In addition sections 115 and 116 of the Act provide that regulations may provide for inter alia,
- the types of decision to be reviewed
- the manner and form of applications for such reviews, and
- the persons who may apply for such reviews
The purpose of the regulations is to amend the Migration (Review) Regulations to extend the review rights of persons who were illegal entrants on or before 19 December 1989.
Details of the regulations are set out in the Attachment.
Authority: Sections 115, 116, 181 Migration Act 1958
Issued by the Minister of
State for Administrative
Services for and on behalf
of the Minister of State
for Immigration, Local
Government and Ethnic Affairs
ATTACHMENT
MIGRATION (REVIEW) REGULATIONS (AMENDMENT)
Regulation 1 - Principal Regulations
This regulation defines the “Principal Regulations” as the Migration (Review) Regulations for the purpose of these Regulations.
Regulation 2 - Decisions subject to internal review
This regulation amends regulation 3 of the Migration (Review) Regulations to remove an unintended advantage for people who do not hold valid visas or entry permits over those who do.
Regulation 3 - Persons who may apply for review by Review authority
This regulation amends regulation 21 of the Migration (Review) Regulations by deleting regulation 21(1) and instead to referring to new regulations 21A and 21B.
Regulation 4 - Restrictions on applications for review, and illegal entrants who may apply for review
This regulation amends the Migration (Review) Regulations by adding two new regulations, 21A and 21B.
Regulation 21A sets out the conditions under which a person may apply for review. Regulation 21B enables a person who was an illegal entrant on 19 December 1989 to have access to the review system in respect of any application for an entry permit made by that person after 18 December 1989 and before 1 July 1990.
Regulation 5 - Time Limits
This regulation amends regulation 24 of the Migration (Review) Regulations to ensure that illegal entrants are not prohibited from applying for review by reason of their period of grace having expired.