Migration (Review) Regulations (Amendment)

Overview

The Migration (Review) Regulations (Amendment) 1990 No. 110 were introduced to amend the Migration (Review) Regulations under the Migration Act 1958 with the aim of extending the review rights of individuals who were classified as illegal entrants on or before 19 December 1989. This amendment was necessary to address an unintended advantage that existed for illegal entrants, who could apply for review of decisions without holding valid visas or entry permits, in contrast to those who held such permits. The regulations were enacted by the Minister of State for Administrative Services on behalf of the Minister of State for Immigration, Local Government and Ethnic Affairs, to align the review rights of illegal entrants with those who held valid visas or entry permits. This regulatory change was aimed at ensuring a more equitable application of review rights under the Migration Act 1958, thereby addressing a specific gap in the existing legislative framework.

Scope and Application

The Migration (Review) Regulations (Amendment) 1990 No. 110 amends the Migration (Review) Regulations to extend review rights for individuals who were illegal entrants in Australia on or before 19 December 1989. This amendment applies to those who have not held valid visas or entry permits and seeks to address an unintended advantage for such individuals. The regulations are made under the authority of Sections 115, 116, and 181 of the Migration Act 1958, which provide the power to prescribe matters necessary for the implementation of the Act. The scope of these regulations is Commonwealth-wide, affecting all jurisdictions within Australia. They specifically focus on internal reviews of certain migration decisions, ensuring that illegal entrants are not unfairly disadvantaged in the review process. Notably, Regulation 21B enables illegal entrants who were in Australia before 19 December 1989 to apply for a review of any entry permit application made between 18 December 1989 and 1 July 1990. The regulations do not extend to other types of migration decisions or applications made outside the specified timeframe.

Key Provisions

The Migration (Review) Regulations (Amendment) 1990 No. 110 amends the Migration (Review) Regulations to extend the review rights for persons who were illegal entrants on or before 19 December 1989. Regulation 2 of these amended regulations modifies regulation 3 of the principal regulations to ensure that individuals who do not hold valid visas or entry permits do not have an unintended advantage over those who do. Regulation 3 removes the former regulation 21(1) and replaces it with regulations 21A and 21B, which define the persons who may apply for a review by the Review Authority. Regulation 21A sets out the conditions under which a person may apply for review, while regulation 21B specifically allows a person who was an illegal entrant on 19 December 1989 to access the review system for any application for an entry permit made between 18 December 1989 and 1 July 1990. The obligations imposed by these regulations on the parties involved are primarily concerned with the review process for migration decisions. For instance, Regulation 21A and 21B explicitly outline the eligibility criteria for applying for a review. This ensures that individuals who were previously ineligible due to their status as illegal entrants can now seek review of their cases. Additionally, Regulation 5 amends the time limits set out in regulation 24 of the principal regulations, ensuring that illegal entrants are not barred from applying for review simply because their period of grace has expired. These provisions collectively aim to provide a fair and equitable review process for all individuals, regardless of their migration status at the time of the decision being reviewed. The amendments also address potential breaches and provide for penalties where applicable. Under the Migration Act 1958, individuals or entities that fail to comply with the provisions of these regulations may face legal consequences. Although the specific penalties are not detailed within the regulations themselves, the Act provides for both civil and criminal penalties for breaches. These can include fines and, in more severe cases, imprisonment. The exact penalties would be determined in accordance with the provisions of the Act and any applicable judicial decisions. It is important for all parties involved to adhere to the requirements of these regulations to avoid any potential legal ramifications.