EXPLANATORY STATEMENT
Subject - Migration Act 1958
Migration (Review) 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 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 provide for:
(i) Regulations 4.6 and 9.8 - Regulation 3 (Decisions subject to internal review)
clarifying that a right of review in relation to the rejection of a sponsorship of an individual seeking to enter Australia exists whether or not the individual has lodged a formal application for entry. This is the policy intention of the regulations. Currently, however, there is some doubt on the part of the review authority, if an application is not lodged, whether the review authority is able to review the rejection of the sponsorship.
These amendments have been made retrospective to 19 December 1989, in order to ensure that individuals who may have had a sponsorship lodged on their behalf, in advance of submitting an application, do not lose their review rights.
(ii) Regulations 5, 7 and 8
technical amendments.
(iii) all other Regulations
to make the consequential technical amendments to reflect, in the Migration (Review) Regulations, the reduction being made in the number of entry permit classes in the Migration Regulations. There are no policy changes involved.
| Authority: | Sections 115, 116, and 181 of the Migration Act 1958 |
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| Cabinet Minute No. 13697 of 2 May 1990 |
Issued by the Minister for Immigration, Local Government and Ethnic Affairs