Commonwealth Numbered Regulations - Explanatory Statements

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MIGRATION (SIERRA LEONE - UNITED NATIONS SECURITY COUNCIL RESOLUTION) AMENDMENT REGULATIONS 1999 (NO. 1) 1999 NO. 227

STATUTORY RULES 1999 NO. 227

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

Migration Act 1958

Migration (Sierra Leone - United Nations Security Council Resolution) Amendment Regulations 1999 (No. 1)

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 subsection 31(3) of the Act, which provides that the regulations may prescribe criteria for a visa or visas of a specified class.

The Migration (Sierra Leone - United Nations Security Council Resolution) Regulations implement the objectives of United Nations Security Council Resolution No. 1132(1997) to prevent the grant of any visa to the members, or adult members of the family of members, of the military junta in Sierra Leone ("the target group").

The purpose of the Regulations is to amend the Migration (Sierra Leone - United Nations Security Council Resolution) Regulations to:

-       implement the effect of United Nations Security Council Resolution No. 1171(1998) which re-defined the target group (item 2);

-       allow the Minister to grant a visa to members of the target group in compelling circumstances (item 2);

-       make the consequential amendments (items 1 and 2); and

-       make technical amendments to correct minor errors (items 1 and 2).

Details of the Regulations are set out in the Attachment.

The Regulations will commence on 1 November 1999.

ATTACHMENT

Details of the Regulations are as follows:

Regulation 1 - Name of Regulations

This regulation provides that these Regulations are named the Migration (Sierra Leone -United Nations Security Council Resolution) Amendment Regulations 1999 (No. 1).

Regulation 2 - Commencement

This regulation provides that these Regulations commence on 1 November 1999.

Regulation. 3 - Amendment of Migration (Sierra Leone - United Nations Security Council Resolution) Regulations

This regulation provides that Schedule 1 of these Regulations amends the Migration (Sierra Leone - United Nations Security Council Resolution) Regulations.

Schedule 1 - Amendments

Item 1 - Regulations 1 and 2

This item makes technical amendments to regulation 1 by omitting the heading "Citation" and substituting the heading "Name of Regulations". This item also renames the current Regulations as the Migration (Sierra Leone - United Nations Security Council Resolution No. 1171) Regulations 1997.

This item also makes a consequential amendment to regulation 2 to delete the definition of "resolution" as a result of the amendments to regulation 4 of these Regulations.

In addition, this item makes a consequential amendment to regulation 2 as a result of the deletion of "resolution" to clarify that "Committee" means the Committee established under paragraph 10 of United Nations Security Council Resolution 1132(1997) ("Resolution 1132(1997)").

Item 2 - Regulation 4

This item replaces regulation 4 of the current Regulations.

This item makes a technical amendment by omitting the heading "Special criterion for grant of visa" and substituting the new heading "Special criteria for grant of -visas".

Subregulation 4(1) inserts a reference to new subregulation 4(3). Subregulation 4(1) therefore provides that 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 4(2) or 4(3).

The current subregulation 4(2) provides for a general bar on the grant of a visa of any class to a person who is designated by the Committee to be:

*       a member; or

*       an adult member of the family of a member;

of the military junta in Sierra Leone ("the target group").

The effect of new subregulation 4(2) is to re-define the target group, in accordance with the terms of United Nations Security Council Resolution 1171(1998) as a person whom the Committee designates as a leading member of.

*       the former military junta in; or

*       the Revolutionary United Front of;

Sierra Leone.

Subregulation 4(3) provides for an exception to the general bar on the grant of a visa to a member of the target group if the Minister is satisfied that:

*       the grant of the visa is supported by the Committee for verified humanitarian purposes; or

*       there are compelling reasons to grant the visa.

The effect of subregulation 4(3) is to insert an exception to the general bar against the grant of a visa to a member of the target group where the Minister is satisfied that there are compelling reasons for the grant.

This item also makes a technical amendment to remove paragraph 4(3)(b) of the current Regulations. Paragraph 4(3)(b) currently provides for an exception to the general bar against the grant of a visa to members of the original target group, where the Minister is satisfied that the person's entry into Australia was authorised by the Committee for purposes consistent with paragraph 1 of Resolution 1132(1997).

Paragraph 1 of Resolution 1132(1997) states that the Security Council "demands that the military junta take immediate steps to relinquish power in Sierra Leone and make way for the restoration of the democratically-elected Government and return to constitutional order". As the military junta is no longer in power in Sierra Leone, paragraph 4(3)(b) no longer has any practical effect.