Migration (Sierra Leone — United Nations Security Council Resolution No. 1171) Regulations 1997
Statutory Rules 1997 No. 402 as amended
made under the
Migration Act 1958
This compilation was prepared on 28 September 2004
taking into account amendments up to SR 1999 No. 227
Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra
Contents
1 Name of Regulations [see Note 1]
2 Definition
3 Application
4 Special criteria for grant of visas
Notes
1 Name of Regulations [see Note 1]
These Regulations are the Migration (Sierra Leone — United Nations Security Council Resolution No. 1171) Regulations 1997.
2 Definition
In these Regulations:
Committee means the Committee established under paragraph 10 of United Nations Security Council Resolution No. 1132 (1997).
3 Application
These Regulations apply in addition to, and despite any provision to the contrary in, any other Regulations under the Migration Act 1958.
4 Special criteria for grant of visas
(1) It is a criterion applicable (at the time of decision) to an application for a visa of any class that the applicant meets the requirements of subregulation (2) or (3).
(2) An applicant meets the requirements of this subregulation if the applicant is not a person whom the Committee designates as a leading member of the former military junta, or the Revolutionary United Front, of Sierra Leone.
(3) An applicant meets the requirements of this subregulation if:
(a) the applicant is designated by the Committee as a leading member of the former military junta, or the Revolutionary United Front, of Sierra Leone; and
(b) the Minister is satisfied that:
(i) the grant of the visa to the applicant is supported by the Committee for verified humanitarian purposes; or
(ii) there are compelling reasons to grant the visa to the applicant.
Notes to the Migration (Sierra Leone — United Nations Security Council Resolution No. 1171) Regulations 1997
Note 1
The Migration (Sierra Leone — United Nations Security Council Resolution No. 1171) Regulations 1997 (in force under the Migration Act 1958) as shown in this compilation comprise Statutory Rules 1997 No. 402 amended as indicated in the Tables below.
Table of Statutory Rules
Year and
number | Date of notification
in Gazette | Date of
commencement | Application, saving or
transitional provisions |
1997 No. 402 | 24 Dec 1997 | 24 Dec 1997 | |
1999 No. 227 | 29 Sept 1999 | 1 Nov 1999 | — |
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
Rr. 1, 2............... | rs. 1999 No. 227 |
R. 4................. | rs. 1999 No. 227 |
Overview
The Migration (Sierra Leone – United Nations Security Council Resolution No. 1171) Regulations 1997 were enacted to implement the provisions of United Nations Security Council Resolution No. 1171, which was aimed at addressing the political and humanitarian crisis in Sierra Leone. These regulations were made under the Migration Act 1958 by the Governor-General and are intended to complement the existing visa regulations by introducing special criteria for the grant of visas to applicants from Sierra Leone. The policy objective behind these regulations is to prevent individuals who played a significant role in the former military junta or the Revolutionary United Front from entering Australia, while still allowing for exceptions based on humanitarian needs or compelling reasons as determined by the Minister. The regulations apply in addition to any other regulations under the Migration Act 1958, thereby ensuring a stringent approach towards those associated with the conflict in Sierra Leone.
Scope and Application
The Migration (Sierra Leone — United Nations Security Council Resolution No. 1171) Regulations 1997, made under the Migration Act 1958, apply to individuals seeking to enter Australia from Sierra Leone, imposing specific criteria for the grant of visas. These regulations are supplementary to any other regulations under the Migration Act and apply to applicants for visas of any class. They specifically target individuals who may be designated as leading members of the former military junta or the Revolutionary United Front of Sierra Leone, with stringent conditions for such individuals to obtain a visa. The regulations provide that an applicant must not be a designated member unless the Minister is satisfied that the visa is for verified humanitarian purposes or there are compelling reasons to grant it. This legislation, which was amended in 1999, applies on a national level and extends its application through the provisions of the Migration Act 1958.
Key Provisions
The Migration (Sierra Leone – United Nations Security Council Resolution No. 1171) Regulations 1997, under the Migration Act 1958, establish specific criteria for the grant of visas to applicants from Sierra Leone, in response to United Nations Security Council Resolution No. 1171. These regulations apply in addition to any other regulations under the Migration Act 1958 and require that, at the time of the decision on a visa application, the applicant meets certain criteria outlined in the regulations. According to regulation 4(1), an applicant must either not be designated by the Committee as a leading member of the former military junta or the Revolutionary United Front of Sierra Leone, or if they are designated as such, the Minister must be satisfied that the visa is granted for verified humanitarian purposes or there are compelling reasons to grant the visa (regulation 4(2) and (3)).
The obligations imposed by these regulations include ensuring that visa applicants from Sierra Leone are assessed against the specified criteria. The Committee, as defined in regulation 2, plays a crucial role in determining whether an applicant is a leading member of the former military junta or the Revolutionary United Front of Sierra Leone. Additionally, the Minister must be satisfied of the humanitarian or compelling reasons for granting a visa to those designated by the Committee, as per regulation 4(3). Compliance with these regulations is essential for visa officers and the Minister when processing applications from Sierra Leonean nationals.
Breaches of these regulations, or any regulations made under the Migration Act 1958, can result in civil or criminal consequences. While specific offences, penalties, or consequences are not detailed within the text of these regulations, they are subject to the broader provisions of the Migration Act 1958. The Act provides for various penalties, including fines and imprisonment, depending on the nature and severity of the breach. The maximum penalties would be determined by the specific provisions of the Migration Act 1958 that apply to the breach in question. These consequences underscore the importance of adherence to the criteria and obligations set out in the regulations.