EXPLANATORY STATEMENT
Subject: Migration Act 1958
Migration (Review) Regulations (Amendment)
1990 No. 280
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) the refund to an applicant of the fee paid for internal review where an adverse decision was made by an internal review authority but where the applicant was subsequently successful in an appeal to the Immigration Review Tribunal; and
(ii) the waiver of application fees for internal review by the Department and for review by the Immigration Review Tribunal where payment of the fee would result in financial hardship.
Details of the Regulations are set out in the Attachment.
| Authority: | Sections 115, 116, 181 of the Migration Act 1958 |
|
| Cabinet Minute No. 13697 of 7 May 1990 |
Issued by the Minister for Local Government for and on behalf of the Minister for Immigration, Local Government and Ethnic Affairs
ATTACHMENT
MIGRATION (REVIEW) REGULATIONS (AMENDMENTS
1 - Amendment
Provides for the amendment of the Migration (Review) Regulations.
2 - Regulation 5 (Application for internal review and fee payable)
Provides for the Secretary to be able to waive the fee payable subject to the conditions in new regulation 5A.
3 - New Regulation 5A (Waiver of fee for internal review)
Sets out that the Secretary may waive the fee payable for internal review if payment may lead to severe financial hardship on the part of the applicant.
4 - Regulation 7 (Refund of fee for internal review)
Amends the provision for refund of fees to enable the Secretary to refund a fee subject to the conditions in new Regulation 5A.
5 - Regulation 12 (Application for review by Tribunal and fee payable)
Provides for the Registrar, or a Deputy Registrar, of the Tribunal to be able to waive the fee payable for review by the Immigration Review Tribunal subject to the conditions set out in new Regulation 12A.
6 - New regulation 12A (Waiver of fee for review by Tribunal)
Sets out that the Secretary may waive the fee payable if payment may lead to severe financial hardship on the part of the applicant.
7 - Regulation 20 (Refund of fee for review by Tribunal)
Amends the provisions for the refund of fee to enable the Secretary to refund a fee subject to the conditions in new Regulation 12A.