Migration (Review) Regulations (Amendment)

Overview

The Migration (Review) Regulations (Amendment) 1992 No. 113 were enacted to amend the Migration (Review) Regulations under the Migration Act 1958, addressing specific anomalies and introducing new provisions related to the review of decisions concerning close family visitor (short stay) visas or entry permits. These amendments were authorised by the Minister for Immigration, Local Government and Ethnic Affairs, under section 181 of the Act, which grants the Governor-General the power to make regulations for the purposes of the Act, including those related to the review of decisions. The explanatory statement indicates that the primary objective of these regulations is to correct an existing anomaly in regulation 8J by ensuring consistency with regulation 24, which refers to decisions rather than primary decisions. Additionally, the regulations introduce provisions for the review of decisions concerning close family visitor (short stay) visas or entry permits, aligning with the creation of the new visitor class. The amendments aim to ensure that individuals have the opportunity to seek review of decisions that may affect their eligibility for such visas or entry permits. The Regulations are set to commence on 1 May 1992.

Scope and Application

The Migration (Review) Regulations (Amendment) 1992 No. 113 applies to individuals and entities subject to the Migration Act 1958, particularly those involved in migration decisions, reviews, and appeals. It pertains to the specific conduct of making, reviewing, and internally reviewing decisions on visa applications, including those related to close family visitor (short stay) visas or entry permits. These Regulations are applicable at the Commonwealth level and are designed to amend existing regulations to ensure consistency and clarity within the legislative framework. The Regulations specifically address anomalies in existing regulations and extend review rights to applicants for close family visitor (short stay) visas or entry permits. The application of these Regulations is limited to the amendments specified, without broader exemptions or thresholds outlined in the text. The Regulations do not introduce new substantive rights or obligations beyond those amendments. The authority to extend or restrict application through subordinate instruments is provided by Section 181 of the Migration Act 1958, allowing for further detailed regulations as necessary.

Key Provisions

The Migration (Review) Regulations (Amendment) 1992 No. 113 introduces amendments to the Migration (Review) Regulations under the Migration Act 1958 (section 181). These amendments are aimed at correcting an anomaly and expanding the scope of reviewable decisions, particularly those related to the new close family visitor (short stay) entry permit/visitor class. Regulation 3 addresses an inconsistency by removing the reference to a primary decision in regulation 24, aligning it with the terminology used throughout the regulations, which refers to decisions rather than primary decisions (Regulation 3). Regulation 4 allows a close relative of an applicant to seek a review of a decision to refuse a close family visitor (short stay) visa or entry permit, thereby ensuring that such decisions can be internally reviewed (Regulation 4). Regulation 5 similarly allows for the internal review of decisions to refuse an application for a close family visitor (short stay) visa or entry permit, providing an additional layer of scrutiny for these specific types of applications (Regulation 5). The amended regulations impose obligations on both the Department of Immigration, Local Government and Ethnic Affairs and applicants. The Department is required to facilitate the review process as outlined in the amended regulations, ensuring that close relatives of applicants can seek reviews and that decisions are subject to internal review. This includes providing the necessary mechanisms and procedures for these reviews to be conducted effectively and efficiently (Regulations 4 and 5). Applicants, on the other hand, are required to adhere to the new provisions regarding the review of decisions concerning close family visitor (short stay) visas and entry permits. They must be aware of their rights to seek a review if their application is refused and understand the process for doing so. Failure to comply with the requirements set out in the amended regulations could lead to various legal consequences. While the explanatory statement does not detail specific offences or penalties, the general framework of the Migration Act 1958 and the Migration (Review) Regulations would apply. Generally, breaches of the Act or associated regulations could result in civil or criminal penalties, depending on the nature and severity of the breach. The Migration Act 1958 provides for penalties such as fines and imprisonment for various offences, including the provision of false or misleading information, which could be applicable in this context. The exact penalties would be determined based on the specific circumstances of any breach, but they could potentially include substantial fines and imprisonment terms as outlined in the Act.