Commonwealth Numbered Regulations - Explanatory Statements

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MIGRATION AMENDMENT REGULATIONS 1999 (NO. 16) 1999 NO. 325

STATUTORY RULES 1999 No. 325

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

Migration Act 1958

Migration Amendment Regulations 1999 (No. 16)

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 section 45 of the Act, which provides that the regulations may make provision in relation to applications for visas.

The purpose of the Regulations is to amend the Migration Regulations 1994 to ensure that holders of a Subclass 785 visa are not eligible to travel outside and return to Australia.

Details of the Regulations are set out in the Attachment.

The Regulations will commence on 16 December 1999.

ATTACHMENT

Regulation 1 - Name of Regulations

This regulation provides that these Regulations are the Migration Amendment Regulations 1999 (No. 16).

Regulation 2 - Commencement

Regulation 2 provides that the Regulations commence on 16 December 1999.

Regulation 3 - Amendment of Migration Regulations 1994

Regulation 3 provides for the Migration Regulations 1994 ("the Migration Regulations") to be amended as set out in Schedule 1 to these Regulations.

Regulation 4 - Transitional

Paragraph 4(a) provides that the amendment made by these Regulations applies to an application for a Bridging B (Class WB) visa made, but not finally determined, before 16 December 1999.

Paragraph 4 (b) provides that the amendment made by these Regulations applies to an application for a Bridging B (Class WB) visa made on or after 16 December 1999.

Schedule 1 - Amendments Item 1 - Schedule 1, after paragraph 1302(3)(ba)

This item inserts new paragraph 1302(3)(bb) into the Migration Regulations. Paragraph 1302(3)(bb) provides that the applicant must not be the holder of a Subclass 785 (temporary Protection) visa ("Subclass 785 visa") or a person whose last substantive visa was a Subclass 785 visa. The effect of this amendment is to ensure that such a person cannot make a valid application for a Bridging B (Class WB) visa, which would allow that person to travel outside and return to Australia.

The intention is that holders of a Subclass 785 visa should not be eligible to travel outside and return to Australia. Clause 785.511 of the Migration Regulations, which specifies the period when a Subclass 785 visa will be in effect, states that it is a visa permitting the holder to remain in but not to re-enter Australia.