Commonwealth Numbered Regulations - Explanatory Statements

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MIGRATION (1993) REGULATIONS (AMENDMENT) 1993 NO. 253

STATUTORY RULES 1993 No. 253

Issued by the Authority of the Minister for Immigration and Ethnic Affair

Subject - Migration Act 1958

Migration (1993) Regulations (Amendment)

Section 181 of the Migration Act 1958 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, to prescribe all matters which are required or permitted by the Act to be prescribed, or which are necessary or convenient to be prescribed, for carrying out or giving effect to the Act. Without limiting the generality of section 181, section 23 of the Act enables regulations to be made providing for different classes of visas and section 33 of the Act enables regulations to be made providing for different classes of entry permits.

In addition, paragraph 181(1)(a) of the Act provides that the regulations may provide for the charging and recovery of fees in respect of any matter under the Act or the Regulations.

The purpose of the Regulations is:

-       to increase the sponsorship fee for temporary residence applications, from $145 to $190 for each application where not more than 10 applications are lodged at the same time, and from $1450 to $1900 where more than 10 applications are lodged at the same time by the sponsoring person or organisation;

-       to charge a sponsorship fee in respect of all applications for temporary residence regardless of length of intended stay, except in the case where the application for the visa or entry permit is not in itself subject to a fee; and

-       to increase, from $360 to $390, the application fee for the following Group 1.1 (Migrant) visas - Class 100 (Spouse), Class 101 (Child), Class 102 (Adoption), Class 103 (Parent), Class 104 (Preferential Family), Class 105 (Concessional Family), Class 120 (Labour Agreement), Class 121 (Employer Nomination), Class 124 (Distinguished Talent (Australian Support)), Class 125 (Distinguished Talent and Special Service (Independent)), Class 126 (Independent Entrant), Class 150 (Former Citizen), Class 151 (Former Resident) and Class 152 (Family Reunion (New Zealand Citizen)) - and the following Group 2.7 (Provisional) visas - Class 300 (Prospective Marriage).

The regulations commence on 1 October 1993.

Details of the Regulations are set out in the Attachment.

ATTACHMENT

Regulation 1 - Commencement

Subregulation 1.1 provides for these Regulations to commence on 1 October 1993.

Regulation 2 - Amendment

This regulation provides for the Migration (1993) Regulations to be amended as set out in these Regulations.

Regulation 3 - Regulation 7.27 (Sponsorship Fee)

Subregulation 3.1 amends paragraph 7.27(2)(a) of the Migration (1993) Regulations by omitting "$145" and substituting "$190", with the effect of raising the sponsorship fee for each application for temporary residence where not more than 10 applications are lodged at the same time by the sponsoring person or organisation;

Subregulation 3.2 amends paragraph 7.27(2)(b) of the Migration (1993) Regulations by omitting $1450 and substituting $1900, with the effect of raising the sponsorship fee for applications for temporary residence where more than 10 applications are lodged at the same time by the sponsoring person or organisation.

Subregulation 3.3 omits and substitutes subregulation 7.27(3) of the Migration (1993) Regulations. The new subregulation 7.27(3) provides that a sponsorship fee is not payable in respect of an application for a visa or entry permit where the application is not subject to a fee under the Regulations.

Regulation 4 - Schedule 2. Chapter 1.1 (Migrant visas and entry permits)

Subregulation 4.1 amends certain clauses in Schedule 2 of the Migration (1993) Regulations by omitting "$360" and substituting "$390" with the effect of increasing, from $360 to $390, the application fee for the following Group 1.1 (Migrant) visas Class 100 (Spouse), Class 101 (Child), Class 102 (Adoption), Class 103 (Parent), Class 104 (Preferential Family), Class 105 (Concessional Family), Class 120 (Labour Agreement), Class 121 (Employer Nomination), Class 124 (Distinguished Talent (Australian Support)), Class 125 (Distinguished Talent and Special Service (Independent)), Class 126 (Independent Entrant), Class 150 (Former Citizen), Class 151 (Former Resident) and Class 152 (Family Reunion (New Zealand Citizen)).

Regulation 5 - Schedule 2. Chapter 2.7 (Provisional visas and entry permits)

Subregulation 5.1 amends clause 300.811 of the Migration (1993) Regulations, by omitting "$360" and substituting "$390". This amendment has the effect of increasing, from $360 to $390, the application fee for a Class 300 (Prospective Marriage) visa.