Migration (Review) Regulations (Amendment)

Overview

The Migration (Review) Regulations (Amendment) 2004 amends the Migration (Review) Regulations to provide for the review of decisions relating to illegal entrants in Australia as of 19 December 1989. Enacted by the Minister of State for Immigration, Local Government and Ethnic Affairs, these regulations were introduced to address the gap in the application process for illegal entrants seeking to regularise their status. The policy objective is to provide these individuals with a reasonable opportunity to apply for review of decisions concerning their immigration status. This amendment extends the deadline for lodging applications from 1 July 1990 to 1 November 1990, allowing more time for affected persons to seek a review of their cases.

Scope and Application

The Migration (Review) Regulations (Amendment) targets individuals who were in Australia as illegal entrants as of 19 December 1989, allowing them to apply to regularise their status. This amendment extends the deadline for lodging applications for review from 1 July 1990 to 1 November 1990, providing a broader opportunity for those affected to seek a review of their status. The regulations pertain to the conduct and transactions related to the application process for status regularisation. Geographically, the application of these regulations is nationwide, as they amend the Migration (Review) Regulations, which are a part of the Migration Act 1958, a Commonwealth Act. The Act itself applies to all persons within Australia and their conduct as it relates to migration, subject to the specific provisions and amendments such as those introduced by these regulations. There are no explicit exclusions or exemptions stated in the text, but the scope is limited to those who were illegal entrants by the specified date and who seek to regularise their status through the prescribed application process. The regulations may be further extended or restricted through subordinate instruments issued under the authority of the Act.

Key Provisions

The main provisions of the proposed amendments to the Migration (Review) Regulations under the Migration Act 1958 (sections 115, 116, 181) pertain to the extension of the application deadline for illegal entrants who were in Australia on 19 December 1989 to regularise their status. Regulation 1 of the proposed amendments extends the deadline for these applicants from 1 July 1990 to 1 November 1990 (reg. 2IB). This amendment is aimed at providing a broader window for eligible illegal entrants to apply for a review of their status, thus allowing more time for them to seek legal remedies and potentially avoid adverse outcomes. The obligations imposed by these regulations are primarily on the illegal entrants who were present in Australia on the specified date and wish to regularise their status. They must now ensure that their applications for review are lodged within the extended deadline of 1 November 1990. This extension provides them with additional time to prepare and submit their applications, which may include gathering necessary documentation and understanding the requirements for such applications. There are no explicit offences, penalties, or consequences mentioned for failing to meet the new application deadline within the scope of the provided explanatory statement. However, it is likely that failure to apply for a review within the specified period could result in the illegal entrants not being able to regularise their status, potentially leading to further legal and administrative consequences under the Migration Act 1958. The regulations do not specify maximum penalties for non-compliance, but such consequences would typically be determined by the Act and the discretion of the relevant authorities.