Commonwealth Numbered Regulations - Explanatory Statements

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MIGRATION (ANGOLA - UNITED NATIONS SECURITY COUNCIL RESOLUTIONS) REGULATIONS1997 NO. 404

STATUTORY RULES 1997 No. 404

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

Migration Act 1958

Migration (Angola - United Nations Security Council Resolutions) Regulations

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 a visa and paragraph 116(1)(g) of the Act enables regulations to be made prescribing grounds for the cancellation of visas.

The purpose of the Regulations is to implement the objectives of United Nations Security Council Resolution 1135 (1997), which imposes sanctions against senior officials of the Uniao Nacional para a Independencia Total de Angola ("UNITA") movement and all adult members of their immediate family ("the target group"). The effect of the Regulations is to prevent the grant of any visas to members of the target group. Provision is also made for the cancellation of a visa held by a member of the target group.

Details of the Regulations are as follows.

Regulation 1 - Citation

This regulation provides that these Regulations may be cited as the Migration (Angola United Nations Security Council Resolutions) Regulations.

Regulation 2 - Definitions

This regulation defines the meaning of the terms "Act" and "Committee" in these Regulations. Act is defined to mean the Migration Act 1958. Committee is defined to mean the Committee established under the United Nations Security Council Resolution 864 (1993).

Regulation 3 - Application

This regulation provides that these Regulations apply in addition to, and spite any provision to the contrary in, any other Regulations made under the Act. The main effect of this regulation is that applicants must meet the criterion prescribed in these Regulations irrespective of the class of visa for which they have applied. This is in addition to the criteria prescribed for that class under the Migration Regulations.

Regulation 4 - Special criterion for grant of visa

This regulation prescribes a special criterion to be satisfied by an applicant for a visa of any class.

Subregulation 4(1) provides that the criterion mentioned in subregulation 4(2) is applicable at the time of decision, to an applicant for any class of visa.

Subregulation 4(2) provides that an applicant must not be a person who is designated by the Committee as a senior official, or an adult member of the immediate family of a senior official of UNITA. Subregulation 4(3) provides that this regulation does not apply if the Minister is satisfied that:

*       the person is an official who is necessary for the full functioning of the Angolan Government of Unity and National Reconciliation, the Angolan National Assembly or the Joint Commission established under the Lusaka Protocal; or

*       there is a medical emergency.

Regulation 5 - Cancellation of visa

This regulation prescribes that for the purposes of paragraph 116(1)(g) of the Act, it is a ground for the, cancellation of a visa held by a person if the Minister is satisfied that the regulation 4 of these Regulations applies to that person. The Regulations commence on gazettal.