Commonwealth Numbered Regulations - Explanatory Statements

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MIGRATION AMENDMENT REGULATIONS 1999 (NO. 10) 1999 NO. 198

EXPLANATORY STATEMENT

STATUTORY RULES 1999 NO. 198

Issued by the Authority of the Minister for Immigration and Multicultural Affairs

Migration Act 1958

Migration Amendment Regulations 1999 (No. 10)

Section 504 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 to be prescribed by the Act or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act. In addition, regulations may be made pursuant to the following powers:

-       subsection 41(2) of the Act provides that visas, or visas of a specified class, may be subject to specified conditions; and

-       subsection 46(2) of the Act provides that an application for a visa is valid if it is an application for a visa of a prescribed class for the purposes of subsection 46(2), and the application is taken, under the Migration Regulations 1994, to have been validly made.

The purpose of the Regulations is to amend the Migration Regulations 1994 to offer temporary safe haven to people who are fleeing the crisis in East Timor. Details of the Regulations are set out in the Attachment.

The Regulations commenced on gazettal.

ATTACHMENT

Regulation 1 - Name of regulations

This regulation provides that these regulations are the Migration Amendment Regulations 1999 (No 10).

Regulation 2 - Commencement

This regulation provides that these regulations commence on gazettal.

Regulation 3 - Amendment of Migration Regulations 1994

This regulation provides that the Migration Regulations 1994 are amended as set out in Schedule 1 to these regulations.

Schedule 1 - Amendments

Item 1 - Subregulations 2.07AC(2) and (3)

This item amends subregulations 2.07AC(2) and (3) to provide that an application for a Temporary Safe Haven (Class UJ) visa is taken to have been validly made if, among things, it is made in Australia.

Item 2 - Subregulations 2.07AC(4) and (5)

Item 3 - Schedule 2, subclause 449.221 (1)

Item 4 - Schedule 2, clause 449.222

These items are consequential to the amendments to subregulations 2.07AC(2) and (3) outlined above.

Item 5 - Schedule 2, clause 449.224

Item 6 - Schedule 2, clause 449.322

These items amend clauses 449.224 and 449.322 of Schedule 2 to provide that the primary applicant, or a member of the applicant's family unit who is also an applicant, must satisfy public interest criterion 4007, unless the Minister waives that requirement. The Minister may waive the requirement where the Minister is satisfied that it would be unreasonable to require the applicant to undergo assessment in relation to that criterion.

Public interest criterion 4007 relates to the health condition of the applicant, and requires that, among other things, the applicant be free from tuberculosis any any disease or condition which may result in the applicant being a threat to public health in Australia, or a danger to the Australian community.       '7.

Item 7 - Schedule 2, after clause 449.612

This item inserts new clause 449.613 to provide that condition 8529 is imposed on a Temporary Safe Haven (Class UJ) visa granted to an applicant in circumstances where the applicant does not need to satisfy public interest criterion 4007 under subclause 449.224(2) or 449.322(2).


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