Migration (Review) Regulations (Amendment)

Overview

The Migration (Review) Regulations (Amendment) 1991 No. 3 were enacted to address a specific gap in the Migration Act 1958 concerning the review of decisions made regarding the December 1989 (temporary) and (permanent) entry permits. These entry permits were established to provide a pathway to permanent residence for individuals who were illegally in Australia before 19 December 1990, based on close family relationships with Australian citizens or permanent residents, or due to the extreme hardship or irreparable prejudice their departure would cause to an Australian citizen or permanent resident. The regulations were issued under the authority of sections 115, 116, and 181 of the Migration Act 1958 and were endorsed by Cabinet Minute No 14546 of 15 December 1990. The primary policy objective was to ensure that individuals affected by decisions related to these entry permits had a formal avenue for review, thereby providing a more comprehensive framework for migration reviews within the Act.

Scope and Application

The Migration (Review) Regulations (Amendment) 1991 No. 3 amends the Migration (Review) Regulations under the authority of sections 115, 116, and 181 of the Migration Act 1958, providing a framework for the review of decisions related to specific entry permits issued in December 1989. These entry permits were designed to regularise the status of individuals who were unlawfully in Australia prior to 19 December 1990, allowing them to apply for permanent residence based on close family ties with Australian citizens or permanent residents, or on the grounds of significant hardship or prejudice if they were to leave. The Regulations establish the right of review for decisions rejecting applications for these temporary or permanent entry permits. The scope of the Act applies to individuals who have applied for and had their application for a December 1989 entry permit rejected. The Regulations outline the manner in which these reviews can be requested and specify the persons eligible to apply for such reviews. The amendments extend to the entire Commonwealth of Australia, ensuring that the regulations have a uniform application across all states and territories. The provisions do not specify any exclusions or exemptions from the review process, thus providing a clear avenue for redress for those affected by the initial rejection of their entry permit applications.

Key Provisions

The Migration (Review) Regulations (Amendment) 1991 No. 3, which amends the Migration (Review) Regulations under the Migration Act 1958, primarily introduces a right of review for decisions rejecting applications for December 1989 (temporary) and December 1989 (permanent) entry permits. Section 181 of the Act allows the Governor-General to make regulations for the purposes of the Act, and this amendment leverages that authority to specify the types of decisions subject to review (section 115), the manner and form of applications for review (section 116), and the eligibility of applicants (section 116). These permits were established to regularise the status of individuals who were unlawfully in Australia before 19 December 1990, providing a pathway to permanent residence based on close family relationships with Australian citizens or permanent residents, or when departure would cause extreme hardship or irreparable prejudice to such citizens or residents. The Regulations impose specific obligations on applicants seeking review of their rejected permit applications. Firstly, applicants must submit their review applications in the prescribed manner and form, which likely includes providing detailed documentation and evidence supporting their case. The Regulations also delineate who can apply for a review, ensuring that only eligible individuals, such as those who had their permit applications rejected, can initiate a review process. The onus is on the applicant to provide sufficient evidence to substantiate their claim for review, and to adhere to any procedural requirements set out in the Regulations. Failure to comply with the provisions of these Regulations can result in various consequences. While specific offences and penalties are not explicitly detailed in the explanatory statement, breaches of the Migration Act 1958 can lead to civil and criminal penalties. For instance, providing false information or documents in an application can be considered an offence under the Act, potentially leading to fines or imprisonment. The severity of the penalties can vary depending on the nature and extent of the breach, with maximum penalties outlined in the relevant sections of the Act. It is essential for applicants to ensure their compliance with the Regulations to avoid such adverse outcomes.