Commonwealth Numbered Regulations - Explanatory Statements

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MIGRATION (IRAQ - UNITED NATIONS SECURITY COUNCIL RESOLUTIONS) REGULATIONS(AMENDMENT) 1997 NO. 403

STATUTORY RULES 1997 No. 403

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

Migration Act 1958

Migration (Iraq - United Nations Security Council Resolutions) Regulations (Amendment)

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 by the Act to be prescribed, for carrying out or giving effect to the Act. In addition, subsection 31(3) of the Act enables regulations to be made to prescribe the criteria for the grant of a visa.

The purpose of the Regulations is to implement the objectives of United Nations Security Council Resolution 1137 (1997), which imposes sanctions against certain persons. These include persons who are Iraqi officials, or members of the Iraqi armed forces, who were responsible for, or participated in, the instances of non-compliance mentioned in paragraph 1 of the resolution ("the target group"), such as Iraq's refusal on 30 October 1997 and 2 November 1997 to allow the entry to Iraq to two Special Commission officials on the grounds of their nationality. The effect of the Regulations is to prevent the grant of any visas to members of the target group.

Details of the Regulations are as follows.

Regulation 1 - Amendment

This regulation provides that the Migration (Iraq - United Nations Security Council Resolutions) Regulations are amended by these Regulations.

Regulation 2 - Regulation 5 (Special criteria for grant of visa)

This regulation inserts new subregulations 5(4) and 5(5) into the Migration (Iraq - United Nations Security Council Resolutions) Regulations.

Subregulation 5(4) provides that, subject to subregulation 5(5), it is a criterion Applicable, at the time of decision, to an applicant for any class of visa that the Minister is satisfied that the applicant is not a member of the target group.

Subregulation 5(5) provides that subregulation 5(4) does not apply if the Minister is satisfied that:

entry is authorised, or the mission is approved, by the Committee established by United Nations Security Council Resolution 661 (1990); or the person is carrying out a bona fide diplomatic assignment The Regulations commence on gazettal.