Migration (Review) Regulations (Amendment)

Legislation au C2004L05135 Regulations Not in force Legislative Instrument

Legislation content

Migration (Review) Regulations (Amendment) 1991 No. 202

 

 

EXPLANATORY STATEMENT

 

Statutory Rules 1991 No. 202

 

Subject - Migration Act 1958

 

Migration (Review) Regulations (Amendment)

 

Section 181 of the Migration Act 1958 (the Act) provides that the GovernorGeneral 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 decisions 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 prescribe certain decisions under the recently amended paragraph 120(1)(a) of the Act; and

 

 to exclude from the definition of 'internally reviewable decision', a decision which was made on an application lodged following a notification from the Immigration Review Tribunal that an applicant may have grounds to make another application for an entry permit; and

 

 to ensure that applications for permanent entry permits after arrival are reviewable, when they are lodged simultaneously with applications for extended eligibility entry permits; and

 

 to provide a guarantee that where an application for a close family unit visit visa is rejected on the grounds that the applicant has the characteristics of a person who is likely to overstay, the internal review authority and the Immigration Review Tribunal will provide an immediate hearing of any appeal against such a rejection; and

 

 to make a number of technical amendments and corrections of references. Details of the Regulations are set out in the Attachment.

Authority: Sections 23, 33 and 181 of the Migration Act 1958

 

Issued by the Minister for Immigration, Local Government and Ethnic Affairs ATTACHMENT

Regulation 1 - Amendment

 

This regulation provides for the Review Regulations to be amended. Regulation 2 - Regulation 2 (Interpretation)

This regulation deletes a definition which is not necessary on technical grounds as it is in the principal Regulations.

 

Regulation 3 - Regulation 2A (Reviewable decisions)

 

Regulation 3.1 makes a technical correction.

 

Regulation 3.2 amends regulation 2A(2) of the Review Regulations to exclude from the definition of an internally reviewable decision, a decision which was made on an application lodged following a notification from the Immigration Review Tribunal under section 121 of the Act.

 

Section 121 provides for a review authority to notify the applicant and adjourn the review if it appears that the applicant may have grounds to make another application for an entry permit.

 

Regulation 3.3 amends regulation 2A(3) of the Review Regulations to ensure that when a person applies simultaneously for an extended eligibility entry permit (EETEP) and the permanent entry permit after arrival (PEPAE), the applications for PEPAE decisions are only reviewable if the applicant held a section 47 valid temporary entry permit at the time of decision. If the EETEP was refused, the applicant for the PEPAE would not have had a section 47 valid entry permit.

 

Regulation 4 - Regulation 2B

 

This regulation inserts a new regulation 2B to prescribe certain decisions under paragraph 120(1)(a) of the Migration Act.

 

This paragraph was recently amended to exempt prescribed decisions made under prescribed regulations made before 1 July 1991, from the proscription against review where an application was able to be made only because a person's circumstances had changed since their last application.

 

Regulation 5 - Regulation 8 (Notice of decision in relation to internal review)

 

This regulation makes clear that regulation 8 is subject to new regulation 30. (See regulation 8 below).

 

Regulation 6 - Regulation 21 (Individuals and organisations entitled to apply for review)

 

Regulation 6.1 amends regulation 21(3) by omitting some words which are meaningless.

Regulation 6.2 amends item 1 of Column 2 of the table at subregulation 21(5) to correct a reference to the business (joint venture) visa or entry permit.

 

Regulation 7 - Regulation 21C (Persons who may apply for review of decision to refuse a December 1989 entry permit)

 

This regulation makes a technical correction to regulation 21C which was inadvertently not amended to take into account amendments to the Review Regulations made by Statutory Rules No 61 of 1991.

 

Regulation 8 - New Regulation 30

 

Under a proposed regulation (9A) of the Migration Regulations, an applicant for a visitor visa, can be rejected on the grounds that the person has the characteristics of a class of persons whom statistics held in Departmental movement records indicate as likely to overstay the period authorised by the initial visa granted. This regulation provides a guarantee that any appeal against a decision to reject an application from a person for a close family visit visa to attend, for example, a marriage, on the grounds that the applicant is a likely overstayer, will be given an expedited hearing by the internal review authority and the Immigration Review Tribunal.

 

Regulation 9 - Schedule

 

This regulation corrects incorrect item numbers in Part 3 of the Schedule, which were added by Statutory Rules No 61 of 1991.

Overview

The Migration (Review) Regulations (Amendment) 1991 No. 202 were enacted to address various gaps and technical issues within the Migration (Review) Regulations, which are subordinate legislation under the Migration Act 1958. This amendment was made to ensure that the regulations align with recent legislative changes and to rectify certain inconsistencies. The policy objective of these amendments is to provide clarity and precision in the application of review processes for migration decisions, particularly in relation to the types of decisions that can be reviewed, the manner of applications for such reviews, and the eligibility of applicants. The regulations were issued by the Minister for Immigration, Local Government and Ethnic Affairs and are designed to enhance the effectiveness of the review mechanisms available under the Migration Act, ensuring they are fair, timely, and in line with the broader legislative framework.

Scope and Application

The Migration (Review) Regulations (Amendment) 1991 No. 202 applies to the Migration Act 1958 and regulates the review of certain decisions made under the Act. These regulations pertain to individuals, entities, and their conduct as it relates to migration decisions and applications. The scope of this amendment extends to those who have lodged applications for entry permits, those who may be subject to review by the Immigration Review Tribunal, and those who have applied for a review of a decision under the Act. Geographically, these regulations are applicable throughout the Commonwealth of Australia, as they are an amendment to federal legislation. The Act itself is subject to the jurisdictional reach of the Commonwealth Government, meaning it applies nationally. There are no specific exclusions mentioned in the explanatory statement, but certain decisions are explicitly excluded from being "internally reviewable" as per the regulations. For instance, decisions made on applications lodged following a notification from the Immigration Review Tribunal are excluded from this category. Moreover, the application for review is subject to certain conditions such as the timing and the type of permit applied for, which can limit its applicability. These regulations can be further extended or restricted through subordinate instruments, which might include further amendments or specific guidelines issued by the Minister for Immigration, Local Government, and Ethnic Affairs.

Key Provisions

The Migration (Review) Regulations (Amendment) 1991 No. 202 primarily amend the Migration (Review) Regulations 1989 to implement specific changes to the review process of certain migration decisions under the Migration Act 1958. Regulation 3.2 (referenced in Regulation 3) modifies the definition of an "internally reviewable decision" by excluding decisions made on applications lodged following a notification from the Immigration Review Tribunal that the applicant may have grounds to make another application for an entry permit. Regulation 3.3, also in Regulation 3, ensures that applications for permanent entry permits after arrival (PEPAE) are reviewable only if the applicant held a valid temporary entry permit at the time of decision, provided the extended eligibility entry permit (EETEP) application was not refused. Regulation 4 introduces a new regulation 2B to prescribe certain decisions under paragraph 120(1)(a) of the Act, exempting them from the proscription against review where an application was able to be made only because a person's circumstances had changed since their last application. The Act imposes several obligations and requirements on the parties involved. It mandates that the Governor-General may make regulations for the purposes of the Act, as stated in section 181. Additionally, sections 115 and 116 of the Act require regulations to specify 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. The amendments in Regulation 3 ensure that certain decisions following a tribunal notification are excluded from review, while Regulation 3.3 requires a valid temporary entry permit for reviewing PEPAE decisions. Regulation 8 ensures that any appeal against a rejection of a close family visit visa due to the likelihood of overstaying will receive an expedited hearing. Violations of the provisions outlined in the Migration (Review) Regulations (Amendment) 1991 No. 202 may lead to civil and criminal consequences. However, the explanatory statement does not specify the exact penalties. Typically, breaches of migration regulations can result in penalties such as fines and imprisonment, depending on the severity of the offence. It is essential for applicants and review authorities to adhere to the stipulated procedures and timelines to avoid any legal repercussions.

Legal classification tags

Area of Law
Immigration & Refugee Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Regulatory Standards
Enforcement Powers

Interactions

Authorises

All Versions

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.