Commonwealth Numbered Regulations - Explanatory Statements

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MIGRATION REGULATIONS (AMENDMENT) 1991 NO. 226

EXPLANATORY STATEMENT

STATUTORY RULES 1991 No. 226

Subject:       Migration Act 1958

Migration Regulations (Amendment)

Section 181 of the Migration Act 1958 (the Act) provides that the Governor-General may make regulations for the purposes of the Act. In addition sections 23 and 33 of the Act enable him to make regulations providing for different classes of visas and entry permits.

Statutory Rules No 201 of 1991 were made by the Governor-General at the Executive Council meeting of 27 June 1991. However, a non-final draft of the Regulations was submitted in error to the meeting. The Regulations replace the provisions in Statutory Rules No 201 with the amendments that were intended to be made.

Details of the Regulations are:

Regulation 1 - Amendment

Regulation 1 provides for the Migration Regulations to be amended.

Regulation - Regulation 17 (Conditions in connection with grant of visa)

Regulation 17 was amended in error by Statutory Rules No 201 of 1991 to provide, among other things, decision-makers with a discretion to prevent an extension of stay in Australia on the part of certain visitors. This amendment removes that discretion.

Regulations 3, 4, 5, 6 and 7 - Regulation 88 Business visitor visa);
Regulation 89 (Close family visitor visa): Regulation 91 Tourist visa);
Regulation 92 (Tourist (special arrangements) visa); Regulation 93 (Visitor (other visa)

These regulations were amended in Statutory Rules No 201 of 1991 to provide that, where an applicant for a visitor or tourist visa has the characteristics of a class of persons shown by statistics to have remained in Australia after the period they were authorised to remain, the likelihood of that person overstaying in Australia was to be based on the applicant's circumstances in the applicant's country of usual residence. The proposed regulations provide for these circumstances to be simply a factor in determining the likelihood of overstay, and that such circumstances are to be weighed up against any other general considerations relevant to the individual's application.

Authority:       Sections 23, 33, 181 of the Migration Act 1958

Issued by the Minister for Immigration, Local Government and Ethnic Affairs


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