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MIGRATION REGULATIONS (AMENDMENT) 1991 NO. 285
EXPLANATORY STATEMENTSTATUTORY RULES 1991 No. 285
Issued by the Authority of the Minister for Immigration, Local Government and Ethnic Affairs
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.
The purpose of the regulations is to:
- insert a new regulation 12C so that a person who arrives in Australia without a visa can only apply for a border visa, a domestic (protection) visa or a return visa, Class E;
- amend regulation 22D to extend from 27 February 1991 to 1 July 1991, the deadline by which applications for refugee status or for reconsideration of refusals of refugee status also have effect as applications for domestic protection (temporary) visas and entry permits;
- provide in regulation 42 for the grant of an entry permit to New Zealand citizens who arrived in Australia before 19 December 1989 on other than a New Zealand passport and who have subsequently become illegal entrants. Prior to that date such persons were eligible for the grant of an entry permit;
- amend regulation 62 to reflect a new agreement with the Screen Production Association of Australia and Actors' Equity of Australia on the entry into Australia of individuals intending to take part in a film or television production. This agreement replaces the one previously in existence;
- amend regulation 98C to allow the family unit members of post-graduate students to have unrestricted work rights;
- extend the operation of Division 3 of Part 3 of the Migration Regulations to 31 December 1991. This Division contains a number of regulations which provide for the grant of visas on refugee and humanitarian grounds;
- provide for Yugoslav citizens who were lawfully in Australia on 5 August 1991 to extend their stay until 31 December 1991;
- delete regulation 119I which provides for the grant of a temporary entry permit on national interest grounds to a person who has been given refugee status by the Minister. This provision is no longer necessary given the new provisions governing the grant of entry permits to persons granted refugee status;
- insert a new regulation 125AA to provide criteria for the grant of a temporary resident entry permit to a person who was a temporary resident immediately before becoming an illegal entrant;
- insert new provisions in regulations 126 and 135 for the grant of an extended eligibility (spouse) entry permit and a spouse (after entry) entry permit to an applicant who at the time of application was the spouse of an Australian citizen or permanent resident and was nominated by, and was in a genuine and continuing marital relationship with that spouse, but before a decision was made on the application;
(i) the relationship broke-down because of domestic violence committed against the applicant by the Australian citizen or permanent resident spouse, or
(ii) the relationship has broken down and the applicant has custody or joint custody of a child and a court has granted joint custody or access to, or ordered maintenance obligations against, the Australian citizen or permanent resident spouse.
The regulations also insert provisions setting down the court orders, injunctions and judgements which are acceptable as evidence of access, joint custody and maintenance obligations;
- make amendments to regulations 163 and 166 (which relate to assurances of support) consequential on the commencement of the new Social Security Act 1991 and the abolition of unemployment benefit and its replacement by the jobsearch and newstart allowances; and
- to provide for a number of minor amendments not involving major policy changes which are needed to clarify procedures, reflect policy more accurately, correct unintended consequences and make technical corrections.
A number of regulations are retrospective. Regulations 22, 73 and subregulations 17.1, 18.4 and 76.1 are essentially technical corrections which are being made effective from the date the relevant regulation was introduced.
Regulation 10 has been made retrospective to ensure that no individual was disadvantaged by the fact that, for administrative reasons, individuals who would have had entitlement to a domestic protection (temporary) entry permit under regulation 22D could not have exercised that entitlement by 27 February 1991.
Subregulations 40.3, 44.1, 44.3, 44.5, 51.2 and 61.2 make amendments to ensure that some individuals are not prevented from having access to entitlements which policy had intended them to have.
Regulation 57 is retrospective to ensure continuity in the grant of Gulf conflict (temporary) entry permits, which previously expired on 31 July 1991.
Subregulations 63.2, 63.3, 67.1 and 67.3 set out the criteria governing the provision of access of permanent residence to spouses of Australian citizens or permanent residents where the marital relationship has broken down. These regulations have been made retrospective to 15 April 1990, the date the Minister announced that the policy would have effect from.
All retrospective amendments are beneficial to applicants and no person will be disadvantaged. The retrospectivity is therefore not in conflict with provisions of the Acts Interpretation Act 1901.
Details of the regulations are set out in the Attachment.
Authority: Sections 23, 33, 181 of the Migration Act 1958
ATTACHMENT
Regulation 1 - Commencement
Regulation 1.1 makes subregulation 40.3 retrospective to 19 December 1989. Subregulation 40.3 amends regulation 95 of the Migration Regulations to ensure that return visas, Class B may be granted to an employee of the United Nations or his or her family. Retrospectivity ensures that none of these people who may have applied since 19 December 1989 will be disadvantaged.
Regulation 1.1 also makes regulation 73 retrospective to 19 December 1989. Regulation 73 makes a purely technical amendment and retrospectivity will disadvantage no-one.
Regulation 1.2 makes regulation 22 retrospective to 31 May 1990. Regulation 22 amends regulation 50 of the Migration Regulations to correct the name of the visa. The name was changed by Statutory Rules 109 of 1990, effective on 31 May 1990 and this amendment was overlooked.
Regulation 1.3 makes subregulation 17.1 retrospective to 21 August 1990. Subregulation 17.1 makes an amendment to regulation 40 of the Migration Regulations which is consequential upon an amendment made to regulation 127 by Statutory Rules 272 of 1990, effective 21 August 1990. The amendment makes requirements less stringent and is wholly beneficial to applicants.
Regulation 1.4 makes subregulation 18.4 retrospective to 10 December 1990. Subregulation 18.4 amends regulation 42 of the Migration Regulations and exempts refugees from the provisions of regulation 42(1A), not just regulation 42(1A)(a). This amendment makes requirements less stringent and is wholly beneficial to applicants.
Regulation 1.5 makes subregulations 44.1, 44.3 and 44.5 retrospective to 1 February 1991. These amendments remove work restrictions on the dependants of postgraduate students and are retrospective to 1 February 1991, the date when the new students provisions came into operation. The amendments are wholly beneficial to the persons involved.
Regulation 1.5 also makes subregulations 51.2 and 61.2 retrospective to 1 February 1991. Both amendments correct unintended consequences as a result of the student amendments which came into operation on 1 February 1991. These consequences were detrimental to persons and retrospectivity of this amendment will be beneficial to them.
Regulation 1.6 makes regulation 10 retrospective to 27 February 1991 to ensure that no individual was disadvantaged by the fact that, for administrative reasons, individuals who would have had entitlement to a domestic protection (temporary) entry permit under regulation 22D could not have exercised this entitlement by 27 February 1991.
Regulation 1.7 makes a number of amendments to regulation 126 and 135 of the Migration Regulations retrospective to 15 April 1991. These amendments relate to the grant of extended eligibility (spouse) entry permits and spouse (after entry) entry permits and relate to policies announced by the Minister to come into operation from 15 April 1991. All the amendments are clearly beneficial to applicants.
Regulation 1.7 also makes regulation 76.1 retrospective to 15 April 1991. Regulation 76.1 corrects a reference to the Migration (Review) Regulations as a result of amendments made to the Migration (Review) Regulations by Statutory Rules 61 of 1991. Retrospectivity will disadvantage no-one.
Regulation 1.8 makes regulation 57 retrospective to 31 July 1991 to ensure continuity of the Gulf conflict (temporary) entry permit which could previously be granted for a period ending not later than 31 July 1991. Retrospectivity will be beneficial to persons involved.
Regulation 2 - Amendment
This regulation provides for the Migration Regulations to be amended.
Regulation 3 - Regulation 2 (Interpretation)
Regulation 3 makes the following amendments to definitions in regulation 2 of the Migration Regulations.
"aged dependent relative" - regulation 3.1 amends a citation as a consequence of the commencement of the new Social Security Act 1991.
"dependent child" - regulation 3.2 provides for the definition of "dependent child" to be amended to include a child who has turned 18 and is dependent on another person but not necessarily in their daily care and control.
"humanitarian visa" - regulation 3.3 makes an amendment which corrects a spelling error.
"labour agreement" - previously the definition of "labour agreement" did not adequately cover agreements between the Minister and sporting organisations. Regulation 3.4 amends the definition of "labour agreement" to remedy this situation.
"marital relationship" - regulation 3.5 inserts a definition of "marital relationship" into regulation 2 of the Migration Regulations.
"temporary resident visa" - regulation 3.6 deletes item 47, the medical treatment visa from the definition of "temporary resident visa". It was previously also erroneously included as a "visitor visa". Medical treatment visas and entry permits will now be "visitor visas" and "visitor entry permits".
"work"- regulation 3.7 inserts a definition of "work" in relation to visitor visas and entry permits. This definition is based on that adopted by the 1989 Interparliamentary Conference on Tourism.
"working age" - regulation 3.7 also inserts a definition of "working age" into regulation 2 of the Migration Regulations.
Regulation 4 - Regulation 3A (Interpretation - defacto spouse)
This regulation amends regulation 3A of the Migration Regulations to make it clear that the criteria to be met by a defacto spouse include the requirement that the couple must have lived together for the whole of the six months preceding the application, and not just at some time in that period.
Regulation 5 - Regulation 9 (Interpretation - remaining relative)
This regulation amends regulation 9 of the Migration Regulations so that it applies throughout the Regulations rather than only to preferential family visas.
Regulation 6 - New Regulation 12C (Application for visas at the border)
This regulation inserts a new regulation 12C into the Migration Regulations to provide that a person who has arrived in Australia, but not technically entered Australia, can only apply for certain types of visas - border, return visa, Class E or domestic protection (temporary) visa.
Regulation 7 - Regulation 16 - (Effect and operation of visas)
Regulation 7.1 amends regulation 16(2)(a) of the Migration Regulations to provide that a visa may also cease to have effect on the occurrence of an event specified in the visa as an alternative to expiring on a set date.
Regulation 7.2 omits regulations 16(4) and 16(5) of the Migration Regulations and substitutes new regulations 16(4) and 16(5) which include technical amendments to clarify that when a return visa, Class B or a return visa, Class C expire after a lesser time than usual that lesser time is specified in the visa rather than being left to the Minister's discretion.
This amendment also results in the omission of paragraphs 16(4)(b) and 16(5)(b) which provided that the visa expired when the passport expired. These provisions are no longer necessary because a system has been developed whereby visas can be re-evidenced when passports expire.
Regulation 7.3 amends regulation 16(7) of the Migration Regulations to correctly reflect the policy that a return visa, Class E remains valid for 3 years immediately following the holder's last departure from Australia, or for the life of the passport, whichever is sooner.
Regulation 8 - Regulation 17 (Conditions in connection with grant of visas)
Regulation 8.1 omits paragraph 17(1)(g) of the Migration Regulations and substitutes new paragraphs 17(1)(g) and 17(1)(ga). The effect of this amendment is to amend the condition imposed upon the holder of a domestic worker (diplomatic or consular) visa so that the holder of one of these visas may remain in Australia after the permanent departure of his or her employer if he or she has agreement in writing from the Minister for Foreign Affairs and Trade.
Regulation 8.2 omits regulation 17(1)(i) of the Migration Regulations as it is no longer relevant. Regulation 17(1)(i) related to regulation 19 which was repealed by Statutory Rules 2 of 1991.
Regulation 8.3 corrects a typographical error.
Regulation 8.4 adds a new visa condition (p) to regulation 17 of the Migration Regulations. This condition limits the grant of further entry permits and prohibits grant of a skilled occupation entry permit to the holder of a religious worker visa who is not permitted to stay in Australia for more than 6 months.
Regulation 8.4 also adds a new visa condition (q) to regulation 17 of the Migration Regulations providing that (unless the Secretary gives permission) the holder of a business visitor visa may only engage in work in Australia that is relevant to the conduct of the business or performance of the tasks specified in the visa application.
Regulation 8.5 corrects an anomaly in regulation 17(3) of the Migration Regulations which required, in accordance with this Division, a condition to which a visa is subject be set out in that visa. However there is nothing in the Division prescribing that this occur. Consequently these words have been omitted from the regulation.
Regulation 9 - Regulation 22A (Certain applications to have effect as applications for processing entry permits and return visas, Class A)
Persons who are granted permanent entry permits after arrival in Australia may be eligible for a return visa, Class A or a return visa, Class B. However persons who are granted visas for permanent entry while overseas are eligible only for a return visa, Class A, although on entering Australia they may become eligible for a return visa, Class B.
This regulation amends regulation 22A of the Migration Regulations so that an application for a permanent entry permit after arrival will operate only as an application for a return visa, Class A and thus persons granted permanent entry permits after arrival in Australia are not given advantages over persons who are granted visas for permanent entry, overseas. In both cases, a separate application will. need to be made if eligible for the return visa, Class B.
Regulation 10 - Regulation 22D (Certain applications to have effect as applications for domestic protection (temporary) entry permits)
This regulation amends regulation 22D(1) of the Migration Regulations to extend from 27 February 1991 to 1 July 1991, the deadline by which applications for refugee status or reconsideration of refusals of refugee status, may also have effect as applications for domestic protection (temporary) visas and entry permits.
This regulation also makes a minor amendment to regulation 22D(2) to correct an incorrect date. This regulation is retrospective to 27 February 1991, the date when regulation 22D was inserted by Statutory Rules 25 of 1991.
Regulation 11 - Regulation 26 (Recording and evidencing of entry permits)
This regulation amends regulation 26 of the Migration Regulations so that as an alternative to the grant of an entry permit being evidenced by the issue of a stamp, the applicant may be given a letter advising that the permit has been granted and stating the conditions attached to the grant and the period of validity of the permit.
Regulation 12 - Regulation 27 (Effect and operation of entry permits)
This regulation amends regulation 27 of the Migration Regulations to make it clear that an entry permit may cease to have effect on the occurrence of an event specified in the entry permit as an alternative to expiring on a set date.
Regulation 13 - Regulation 28 (Conditions in connection with grant of temporal entry permits)
Regulation 13.1 omits paragraph 28(1)(d) of the Migration Regulations and substitutes new paragraphs 28(1)(d) and 28(1)(da). The effect of this amendment is to amend the condition imposed upon the holder of a domestic worker (diplomatic or consular) entry permit so that the holder of one of these entry permits may remain in Australia after the permanent departure of his or her employer if he or she has agreement in writing from the Minister for Foreign Affairs and Trade.
Regulation 13.2 corrects a typographical error.
Regulation 13.3 adds a new entry permit condition (n) to regulation 28 of the Migration Regulations. This condition limits the grant of further entry permits and prohibits the grant of a skilled occupation entry permit to the holder of a religious worker entry permit who is not permitted to remain in Australia for more than 6 months.
Regulation 13.3 also adds a new entry permit condition (o) to regulation 28 of the Migration Regulations providing that (unless the Secretary gives permission) the holder of a business visitor entry permit may only engage in work in Australia that is relevant to the conduct of the business or performance of the tasks specified in the visa application.
Regulation 13.4 corrects an anomaly in regulation 28(3) of the Migration Regulations which required, in accordance with this Division, that a condition to which an entry permit is subject be set out in that entry permit. However there is nothing in the Division prescribing that this occur. Consequently these words have been omitted from the regulation.
Regulation 14 - Regulation 34 (Application for visa or entry permit in relation to person in custody)
This regulation amends regulation 34(1) of the Migration Regulations so that persons in custody are no longer required to lodge applications in the State or Territory in which they are in custody.
This regulation also makes minor stylistic amendments to regulation 34(2) of the Migration Regulations.
Regulation 15 - Regulation 35AA (Grant of entry permits - illegal entrants)
Regulation 15 amends regulation 35AA of the Migration Regulations to include a reference to the new regulation 42(1C)(ca) inserted by regulation 18.3 of these Regulations.
Regulation 16 - Regulation 36 (Restrictions on re-entry)
Regulation 16.1 amends regulation 36(1) of the Migration Regulations so that it applies only to visas issued overseas and to entry permits equivalent to these visas. It ensures that regulation 36 does not apply to applicants in Australia for entry permits which can only be granted in Australia.
Regulations 16.2 and 16.3 replace reference to the commission of a crime or on security grounds with a reference to sections 55, 56 and 57 of the Act. This amendment was recommended by the Joint Select Committee on Migration Regulations.
Regulation 16.4 amends regulation 36(1)(d)(i) of the Migration Regulations to refer to "prohibited non-citizens" as well as "illegal entrants". "Prohibited non-citizens" were the equivalent of "illegal entrants" prior to 19 December 1989, when these regulations came into operation, and are intended to be covered by regulation 36.
Regulations 16.5 and 16.6 amend regulation 36(1)(e)(i) of the Migration Regulations to replace a finding by the Department with a Ministerial determination. This is to ensure consistency with regulation 27(2)(c) of the Migration Regulations.
Regulations 16.7 and 16.8 make amendments to regulation 36(1) of the Migration Regulations to exclude reference to persons who have left Australia in compliance with a requirement by the Minister, but have not actually been deported.
Regulation 17 - Regulation 40 (Prescribed change in circumstances - paragraphs 36(1) and 37(2)(a) of the Act)
Regulation 17.1 amends regulation 40(1)(b) of the Migration Regulations as a consequence of an amendment made to regulation 127(a)(ii) by Statutory Rules 272, effective 21 August 1990. That amendment removed the requirement that an aged parent applicant for an extended eligibility (family) entry permit must have met the balance of family test since arrival. A consequential amendment to regulation 40(1)(b) was overlooked. This amendment is retrospective to ensure consistency with regulation 127 and is wholly beneficial to applicants.
Regulations 17.2 - 17.5 amend regulations 40(1)(q) and 40(1)(r) of the Migration Regulations to extend the period within which persons who could have applied under regulation 22D for a domestic protection (temporary) entry permit at the same time as applying for refugee status, are deemed to have done so. This amendment is required because there were problems with supply of the appropriate forms which may have prevented some people from applying.
Regulation 17.6 adds a new paragraph 40(1)(t) to the Migration Regulations to provide that satisfaction of the criteria for the grant of a Yugoslav (temporary) provide entry permit is a prescribed change in circumstances.
Regulation 17.7 omits regulation 40(2)(c) of the Migration Regulations and substitutes another regulation 40(2)(c) which makes it clear that regulation 40(2)(c) covers only those who actually applied for an entry permit prior to 19 December 1989, and who failed to meet the requirements.
Regulation 18 - Regulation 42 (Prescribed criteria - entry permits)
Regulation 18.1 omits regulation 42(1A)(b)(v) of the Migration Regulations and substitutes another regulation 42(1A)(b)(v) in which an incorrect reference to "within 5 working days after being so arrested" is replaced by the correct "within 5 working days after 12 December 1990 not later than the expiry of those 5 working days.
Regulation 18.2 corrects a typographical error.
Prior to 19 December 1989, a New Zealand citizen who arrived in Australia on a passport other than a New Zealand passport, was eligible for grant of residence status by consent if he or she applied before 19 December 1989. Regulation 18.3 amends regulation 42(1C) of the Migration Regulations by inserting a new paragraph (ca) which enables grant of permanent residence to New Zealand citizens who arrived before 19 December 1989 but who were not granted permanent residence, and who subsequently became illegal entrants.
Regulation 18.3 also amends regulation 42(1C) of the Migration Regulations by adding a new paragraph (f) which includes as a prescribed person, a person who meets the criteria for grant of a PRC (temporary) entry permit in regulation 119H.
Regulation 18.4 corrects a technical error.
Regulations 18.5 and 18.7 amend regulation 42(2) of the Migration Regulations as a consequence of moving the medical treatment entry permit from the temporary resident class to the visitor class.
Regulation 18.6 amends regulation 42(2) of the Migration Regulations as a consequence of moving the PRC (temporary) entry permit from the humanitarian class to the temporary resident class.
Regulation 18.8 omits regulation 42(2)(b) of the Migration Regulations and substitutes a new regulation 42(2)(b). The effect of this is to remove subparagraphs 42(2)(b)(ii) and (iii) which became meaningless after the reorganisation of Schedule 3 by Statutory Rules 371 of 1990. An amendment to regulation 42(2)(b) was overlooked at that time.
Regulation 19 - Regulation 44A (Extended eligibility (spouse) visa)
This regulation omits regulation 44A(1)(b)(ii) of the Migration Regulations and substitutes a new regulation 44A(1)(b)(ii) in order to simplify the criteria to be met by a person who is applying overseas for the extended eligibility (spouse) visa and who held the extended eligibility (spouse) entry permit before departure from Australia. The only criterion to be met is that the applicant applied for that entry permit not more than 30 months before the date of application for the visa.
Regulation 20 - Regulation 47 (Business (general) visa)
Regulation 47(2)(f) of the Migration Regulations requires that an applicant have certain amounts of money lodged in Australia. Because of regulation 34A, this requirement applied at the time of application for the visa. This regulation amends regulation 47(2)(f) of the Migration Regulations so that this criteria is required to be met at the time of decision rather than the time of application.
Regulation 21 - Regulation 48 (Business (joint venture) visa)
Regulation 48(2)(f) of the Migration Regulations requires that an applicant have certain amounts of money lodged in Australia. Because of regulation 34A, this requirement applied at the time of application for the visa. This regulation amends regulation 48(2)(f) of the Migration Regulations so that this criteria is required to be met at the time of decision rather than the time of application.
Regulation 22 - Regulation 50 (Distinguished talent and special service (independent) visa)
This regulation . makes a minor technical amendment to regulation 50 of the Migration Regulations to correct an incorrect reference.
Regulation 23 - Regulation 59 (Domestic worker (diplomatic or consular) visa)
This regulation omits regulation 59 of the Migration Regulations and substitutes a new regulation 59 which in addition to prescribing criteria to be met before grant of a domestic worker (diplomatic or consular) visa enables a domestic worker to be accompanied to Australia by children under the age of 18.
Regulation 24 - Regulation 61 (Educational visa)
This regulation amends regulation 61 -.of the Migration Regulations by enabling labour market testing to be waived for academic and research staff if the educational institution can satisfy the Minister that it has not been possible to find a suitable person in Australia or if the Minister is satisfied that there is no need to seek a suitable person in Australia.
This regulation also amends regulation 61 to provide that an applicant may only be appointed to a full-time position.
Regulation 25 - Regulation 62 (Entertainment visa)
This regulation amends regulation 62 of the Migration Regulations to add extra criteria to be met by persons intending to take part in a film or television production. This amendment was necessitated when an agreement between the Screen Production Association of Australia and Actor's Equity of Australia was terminated. The new criteria were recommended by a working party which included representatives of the above two bodies.
Regulation 26 - Regulation 65 (Executive (overseas) visa)
Regulation 65 provides criteria to be met for an executive (overseas) visa. Previously applicants were limited to appointments by overseas companies. This regulation amends regulation 65 of the Migration Regulations to omit the requirement that companies be "overseas" companies.
Regulation 27 - Regulation 67 (Foreign government agency)
This regulation amends regulation 67 of the Migration Regulations to remove the requirement that a sponsorship be provided for applicants for a foreign government visa intending to stay in Australia for more than 4 months where the applicant is a foreign language teacher intending to work in an Australian school but employed by a foreign government. Instead, this regulation will require these people to produce a statement from the Foreign Minister of the foreign government endorsing the application.
Regulation 28 - Regulation 69 (Independent executive visa)
Regulation 69(d) of the Migration Regulations requires that an applicant have certain amounts of money lodged in Australia. Because of regulation 34A, this requirement applied at the time of application for the visa. This regulation amends regulation 69(d) of the Migration Regulations so that this criteria is required to be met at the time of decision rather than the time of application.
Regulation 29 - Regulation 71 (Medical practitioner visa)
Regulation 71(b) of the Migration Regulations requires the Minister of Health in a State or Territory to confirm in writing that he has no objection to the grant of a medical practitioner visa. The Department wishes to consult Ministers as a matter of policy but to reserve the final decision for this Department. Consequently this regulation omits regulation 71(b).
Regulation 30 - Regulation 74 (Religious worker visa)
This regulation adds a new criterion to regulation 74 of the Migration Regulations requiring that if an applicant intends to stay in Australia for more than 6 months, the applicant must be able to ask and answer simple questions in English, write simple statements in English about everyday matters and complete simple forms in English.
Regulation 31 - Regulation 76 (Special program visa)
Regulation 76 of the Migration Regulations enables grant of a visa to holders of Churchill Scholarships and participators in youth exchange programs. This regulation amends regulation 76 so that, in addition, visas may be granted to persons applying as the nominees of an established community-based noncommercial organisation who intend to participate in a program which has the object of cultural enrichment or community beneft, and the program has been approved by the Secretary.
Regulation 32 - Regulation 77 (Specialist (overseas) visa)
Regulation 32.1 omits regulation 77(b)(i) of the Migration Regulations and substitutes a new regulation 77(b)(i) with the additional requirement that skills be possessed by the applicant at the time of application if the applicant expects to stay in Australia for four months or less, or at the time of sponsorship if the applicant expects to stay in Australia for more than 4 months. Regulation 77(b)(i) will also now enable the Minister to waive the requirement that the applicant's skills are not readily available in Australia if the Minister is satisfied that there is no need to find a suitable applicant in Australia for the position.
Regulation 32.2 amends regulation 77(b)(v) of the Migration Regulations so that as an alternative to having a satisfactory record of training in its business operations in Australia, a company may demonstrate commitment towards training. This amendment is made because newly established companies without an employment history have had difficulty meeting the requirement that they have a satisfactory record of training.
Regulation 33 - Regulation 79 (Supported dependant visa)
This regulation amends regulation 79 of the Migration Regulations so that New Zealand citizens who are exempted from entry permit and visa requirements under the Migration Act, are able to support the entry of their dependants (who may not necessarily be New Zealand citizens and therefore also exempt).
Regulation 34 - Regulation 81 (Working holiday visa)
This regulation amends regulation 81 of the Migration Regulations to exclude from grant of a working holiday visa, a person who has previously entered Australia using a working holiday visa or entry permit or a person who was granted a visa or entry permit before 19 December 1989, on the basis of being a working holiday maker.
Regulation 35 - Regulation 87B (Occupational trainee visa)
This amendment makes a minor technical amendment to regulation 87B of the Migration Regulations.
Regulation 36 - Regulation 89 (Close family visitor visa)
This regulation corrects a typographical error.
Regulation 37 - Regulation 90 (Medical treatment visa)
This regulation amends regulation 90 of the Migration Regulations to ensure that a medical treatment visa can be granted to a person who is entering Australia to donate an organ. This regulation also amends regulation 90 to enable the grant of a medical treatment visa to a person who is accompanying the person who is to receive medical treatment, in order to provide emotional and other support to that person.
This regulation amends regulation 90 of the Migration Regulations to enable grant of a medical treatment visa to a person who is a citizen of Papua New Guinea and a resident of a Western Province of Papua New Guinea and who has been approved by the Queensland Department of Health for medical evacuation to a hospital in Queensland.
Regulation 38 - Regulation 93 (Visitor (other) visa)
Regulation 93(a)(i) of the Migration Regulations specifies visitors to whom the visitor (other) visa does not apply. The relatives excluded are intended to be those already covered by regulation 89 (close family visitor). Consequently regulation 38.1 omits regulation 93(a)(i) of the Migration Regulations and substitutes a new regulation 93(a)(i) to exclude Australian citizen or permanent resident brothers and sisters as well as spouses, children or parents from relatives who may be visited under visitor (other) visas.
Regulations 38.2 and 38.3 amend regulation 93 of the Migration Regulations so that a visitor (other) visa can be granted if an applicant establishes that a further visit to Australia is necessary in connection with legal proceedings.
Regulation 39 - Regulation 94 (Return visa, Class A)
This regulation amends regulation 94 of the Migration Regulations to provide that a return visa, Class A may be issued to a person once only. Return visas, Class A are granted to persons who migrate to Australia or are granted permanent residence in Australia to enable freedom to travel in and out of Australia for the first 3 years. After that they would need to qualify for another class of return visa.
Regulation 40 - Regulation 95 (Return visa, Class B)
Regulation 40.1 makes a minor technical amendment to regulation 95 to remove a reference to regulation 119A which was repealed by Statutory Rules 237 of 1990.
Regulation 40.2 omits regulation 95(c)(iii) of the Migration Regulations and substitutes a new regulation 95(c)(iii) which instead of referring to criteria in paragraph 47(2)(b) of the Migration Regulations, spells out those criteria. In addition regulation 95(c)(iii) previously referred to travel in the interests "of Australia". This is now corrected to travel in the interests of "that business".
Regulation 40.3 amends regulation -95 of the Migration Regulations to enable employees of the United Nations and their families to be granted a return visa, Class B if they are unable to meet the requirements in paragraphs 95(a) and (b) but have been resident in Australia at some time during the 5 years preceding the date of application for the visa.
Regulation 40.4 amends regulation 95(c) of the Migration Regulations to clarify that "resident in Australia" means "Australian permanent resident".
Regulation 41 - Regulation 97 (Return visa, Class D)
Regulation 41.1 omits regulation 97(c) of the Migration Regulations and substitutes a new regulation 97(c) which clarifies that if an applicant was previously the holder of a return visa, Class D, and used that return visa, in order to be eligible for another return visa, Class D, the applicant must have subsequently satisfied the prescribed criteria for a return visa, Class B or Class C.
Regulation 4.2 amends regulation 97 of the Migration Regulations to provide that if an applicant applies overseas, he or she must not have been absent from Australia for more than 3 months before making the application.
Regulation 42 - Regulation 98 (Return visa. Class E)
This regulation corrects a typographical error.
Regulation 43 - Regulation 98A (Return visa, Class F)
This regulation amends regulation 98A of the Migration Regulations essentially to clarify the policy objective of regulation 98A, which is to grant a visa to enable a person to return to Australia where the person is unable to prove that he/she was a permanent resident immediately before last leaving Australia but is unable to provide it conclusively, and the Minister is satisfied that the person would otherwise have been allowed to return.
Regulation 44 - Regulation 98C (Conditions - student (category A) visa)
Regulations 44.1, 44.3 and 44.5 amend regulation 98C to enable the family unit members of postgraduate students to have unrestricted work rights.
Regulations 98C(2) and (3) of the Migration Regulations restrict the work rights of people who are granted student (category A) visas and entry permits as the family unit members of students. Regulations 44.2 and 44.4 amend these provisions by removing the reference to the institution at which the person is studying. This reference was meaningless as family unit members are not studying.
Regulation 45 - Regulation 98D (Student (category B) visa)
This regulation corrects typographical errors.
Regulation 45 - Regulation 99 (Division to cease to have effect)
This regulation provides for Division 3 of Part 3 of the Migration Regulations to have effect until 31 December 1991. This Division provides for entry into Australia on refugee and specified humanitarian grounds. The extension is being made to allow for entry on these grounds while new policies are being developed.
Regulation 47 - Regulation 108 (Grant of visa or entry permit to family unit members)
This regulation corrects a minor typographical error.
Regulation 48 - Regulation 109 (Entry permit for statutory visitor)
This regulation repeals regulation 109 of the Migration Regulations with the result that holders of statutory visitor visas, must meet the criteria for individual entry permits.
Regulation 49 - Regulation 111 (Border visas)
Regulation 49.1 amends regulation 111 of the Migration Regulations to include apparent eligibility for a return visa, Class F as a criterion for the grant of a border visa to a person who has arrived in, but technically not entered, Australia.
Regulation 111(3) of the Migration Regulations prevents the grant of a second border visa to the same person within 5 years. Regulation 49.2 amends regulation 111(3) of the Migration Regulations to make an exception to this requirement for passengers on vessels that enter Australia because of matters beyond the control of the master of the vessel.
Regulation 49.3 makes a stylistic amendment to paragraph 111(4)(b) of the Migration Regulations.
Regulation 50 - Regulation 113 (Emergency (temporary entry) visa)
This regulation clarifies the policy objective to regulation 113, namely, that a person seeking temporary entry to Australia can be granted entry if the person has satisfied all criteria for the grant of the visa sought other than health or character, and there are compelling reasons for allowing the person to enter in advance of satisfying these criteria. The visa is issued, however, subject to the condition that the applicant satisfies the outstanding criteria after entry. This amendment makes it clear that where a visa other than an entry visa is issued, the entry permit granted on arrival is issued subject to this condition.
Regulation 51 - Regulation 115 (Grant of visa to enable re-entry to Australia)
Regulations 51.1 and 51.3 amends regulation 115(1) of the Migration Regulations. to provide that a temporary re-entry visa may be issued overseas as well as in Australia. The regulation currently appears to provide only for issue in Australia. This amendment reflects the policy objective of the regulation.
Regulations 51.2 and 51.4 amend regulation 115 of the Migration Regulations to ensure that persons who held student entry visas or entry permits granted before 1 February 1991 are entitled to the grant of a post-1 February 1991 student visa to re-enter Australia corresponding to the entry visa or entry permit held.
Regulation 52 - Regulation 117A (Domestic protection (temporary) entry permit)
This regulation amends regulation 117A of the Migration Regulations by omitting paragraph 117A(1)(c) and substituting paragraphs 117A(1)(c) and (ca) which have the additional provision that it is not necessary for a child below 16 to have an x-ray unless it is requested by a Commonwealth Medical Officer.
Regulation 53 - Regulation 117B (Domestic protection (temporary) visa)
This regulation makes a minor technical correction.
Regulation 54 - New Regulation 118
This regulation inserts a new regulation 118 into the Migration Regulations Yugoslav (temporary) entry permit This entry permit will enable Yugoslav citizens who were legally in Australia on 5 August 1991 to extend their stay in Australia until 31 December 1991.
Regulation 55 - Regulation 119H (PRC (temporary) entry permit)
Regulation 55.1 makes minor technical corrections to regulation 119H of the Migration Regulations.
Regulation 55.2 amends regulation 119H of the Migration Regulations to provide that where a PRC (temporary) entry permit is cancelled because the holder has travelled to the PRC, the holder will not be eligible for the grant of a further entry permit of this kind.
Regulation 56 - Regulation 1191 (Refugee (temporary) entry permit)
This regulation repeals regulation 1191 of the Migration Regulations. This regulation is no longer necessary given the new provisions governing the grant of entry permits to persons granted refugee status.
Regulation 57 - Regulation 119K (Gulf conflict (temporary entry Permit)
This regulation amends regulation 119K of the Migration Regulations to enable citizens of Kuwait and Iraq who were in Australia on 31 July 1991 to extend their stay in Australia to 31 October 1991.
Regulation 58 - Regulation 120 (Grant of temporary entry permit to holder of visitor visa, visitor entry permit or prescribed temporary entry permit)
This regulation amends regulation 120 of the Migration Regulations as a result of the reversion of the medical treatment entry permit from the temporary resident class to the visitor class (see regulations 95.4 and 95.6 of these Regulations).
Regulation 59 - Regulation 121 (Grant of temporary entry permits to holders of working holiday visa or entry permits or of prescribed temporary entry permits)
Regulation 59.1 makes a stylistic amendment to regulation 121 of the Migration Regulations.
Regulations 59.2 and 59.3 amend regulation 121 of the Migration Regulations as a result of the reversion of the medical treatment entry permit from the temporary resident class to the visitor class (see regulations 95.4 and 95.6 of these Regulations).
Regulations 59.4 and 59.5 make minor technical amendments to regulation 121 of the Migration Regulations.
Regulation 60 - Regulation 122 (Grant of temporary entry permit to holders of certain student visas or entry permits or of a prescribed temporary entry permit)
This regulation repeals regulation 122 of the Migration Regulations and substitutes a new regulation 122. The new regulation 122 corrects technical and typographical errors. In addition the new regulation 122 contains provisions which will enable grant of an occupational trainee entry permit to persons who undertook a prerequisite English language course before commencing their training. These people were given either a trainee (English language) visa or entry permit or, a student category B visa or entry permit. Due to an oversight, prior to this amendment, a person who held one of these visas or entry permits was unable to be granted an occupational trainee entry permit.
The new regulation 122 also includes changes as a result of the reversion of the medical treatment entry permit from the temporary resident class to the visitor class (see regulations 95.4 and 95.6 of these Regulations).
Regulation 61 - Regulation 125 (Prescribed criteria for grant of temporary entry permits to lawful temporary residents or holders of prescribed temporary entry permits)
Regulation 61.1 makes a stylistic amendment to regulation 125 of the Migration Regulations.
Regulation 61.2 amends paragraph 125(g) of the Migration Regulations to clarify its provisions.
Regulation 62 - New Regulation 125AA
This regulation inserts a new regulation 125AA into the Migration Regulations Prescribed criteria for grant of temporary resident entry permits to certain illegal entrants.
New regulation 125AA enables the grant of further temporary resident entry permits to some persons who were formerly temporary residents but who are now illegal entrants because their visa or entry permits have expired. The criteria to be met include requirements that the person must have become an illegal entrant because of factors beyond his or her control; there must be compelling reasons for granting an entry permit; the applicant must have complied with the conditions of the expired visa or entry permit and the applicant would have been entitled to the entry permit but for being an illegal entrant. The applicant must also satisfy criteria similar to those in regulation 125 such as satisfying the prescribed criteria for the entry permit applied for, health, public interest and sponsorship criteria.
Regulation 63 - Regulation 126 (Extended eligibility (spouse) entry permit)
Regulation 63.1 amends regulation 126 of the Migration Regulations to include a reference to the new regulation 42(1C)(ca) inserted by regulation 18.3 of these Regulations.
Regulation 63.2 inserts a new paragraph (ba) in subregulation 126(1) of the Migration Regulations, which provides for the grant of an extended eligibility (spouse) entry permit to an applicant Whose marital relationship with his or her Australian citizen or permanent resident spouse has broken down under certain circumstances before a decision is made on the application.
Regulation 63.3 inserts a new subregulation (IA) in regulation 126 of the Migration Regulations, which sets down the circumstances under which the provision of the new paragraph 126(1)(ba) (inserted by regulation 63.2 of these Regulations) becomes operable. These circumstances are where the marital relationship has broken down following domestic violence against the applicant by his or her Australian citizen or permanent resident spouse, and where the marital relationship has broken down and the applicant has custody or joint custody of a child or children in respect of whom the applicant's Australian citizen or permanent resident spouse has access, joint custody or maintenance obligations.
Regulation 63.3 also inserts a new subregulation (1B) in regulation 126 of the Migration Regulations which sets down the documents which are acceptable as evidence of access to, joint custody of, or maintenance obligations towards the applicant's child or children on the part of the Australian citizen or permanent resident spouse.
Regulation 64 - Regulation 127 (Extended eligibility (family) entry permit)
This regulation amends regulation 127 of the Migration Regulations to include a reference to the new regulation 42(1C)(ca) inserted by regulation 18.3 of these Regulations.
Regulation 65 - Regulation 128 (Extended eligibility (economic) entry permit)
This regulation makes minor technical corrections to regulation 128 of the Migration Regulations.
Regulation 66 - Regulation 130A (Extended eligibility (interdependenc) entry permit)
This regulation makes minor typographical corrections to regulation 130A of the Migration Regulations.
Regulation 67 - Regulation 135 (Spouse (after entry) entry permit)
Regulation 67.1 inserts a new paragraph (c) in subregulation 135(1) of the Migration Regulations, to provide for the grant of a spouse (after entry) entry permit to holders of an extended eligibility (spouse) entry permit which was granted following the breakdown of the applicant's marital relationship with his or her Australian citizen or permanent resident spouse under the new provisions inserted in regulation 126 of the Migration Regulations by regulations 63.2 and 63.3 of these regulations. This regulation also inserts a new paragraph (d) in subregulation 135(1), which provides for the grant of a spouse (after entry) entry permit to other applicants who are holders of extended eligibility (spouse) entry permits and since the grant of that entry permit the applicant's marital relationship with his or her Australian citizen or permanent resident spouse has broken down under certain circumstances.
Regulation 67.2 amends regulation 135 of the Migration Regulations to include a reference to the new regulation 42(1C)(ca), inserted by regulation 18.3 of these Regulations.
Regulation 67.3 inserts a new subregulation (3) in regulation 135 of the Migration Regulations, which sets down the circumstances under which the provisions of the new paragraph 135(1)(d) of the Migration Regulations (inserted by regulation 67.1 of these regulations) become operable. These circumstances are where the applicant's marital relationship has broken down following domestic violence against the applicant by his or her Australian citizen or permanent resident spouse, and where the marital relationship has broken down and the applicant has custody or joint custody of a child or children in respect of whom the applicant's Australian citizen or permanent resident spouse has access, joint custody or maintenance obligations.
Regulation 67.3 also inserts a new subregulation (4) in regulation 135 of the Migration Regulations, which sets down the courts orders which are acceptable as evidence of access to, joint custody of or maintenance obligations towards the applicant's child or children, on the part of the Australian citizen or permanent resident spouse.
Regulation 68 - Regulation 139 (Skilled occupation entry permits)
This regulation makes a number of minor technical and typographical corrections to regulation 139 of the Migration Regulations.
Regulation 69 - Regulation 140 (Compassionate grounds entry permit)
Regulation 69.1 amends regulation 140 of the Migration Regulations to make it mandatory for an applicant referred in paragraph 140(2)(a) to have an assurance of support.
Regulation 69.2 amends regulation 140 of the Migration Regulations to include a reference to the new regulation 42(1C)(ca) inserted by regulation 18.3 of these Regulations.
Regulation 70 - Regulation 142 (Confirmatory entry permit)
Regulations 70.1 and 70.2 make minor stylistic amendments to regulation 142 of the Migration Regulations.
Regulation 70.3 redrafts regulation 142(b)(iv) of the Migration Regulations to more clearly reflect policy.
Regulation 71 - Regulation 144 (Waiver of health criteria)
Regulations 71.1 and 71.2 make minor stylistic amendments to regulation 144 of the Migration Regulations.
Regulation 71.3 amends regulation 144(2) of the Migration Regulations to clarify an ambiguity and ensure that the regulation reflects policy.
Regulation 72 - Regulation 146 (Qualifications - suitability for employment)
This regulation makes a number of minor technical amendments to regulation 146 and amendments to correct cross-references as a result of earlier amendments to the Regulations.
Regulation 72.9 amends paragraph (c) of the definition of "relevant Australian authority" in regulation 146 to ensure that members of the Immigration Review Tribunal can have delegated authority to undertake assessment of skills and qualifications.
Regulation 73 - Regulation 147A (Qualification - eligibility of spouse)
This regulation corrects a minor typographical error.
Regulation 74 - Regulation 163 (Interpretation)
This regulation makes consequential amendments to regulation 163 of the Migration Regulations as a result of the commencement of the new Social Security Act 1991 and the abolition of the unemployment benefit and its replacement by the JobSearch allowance and the NEWSTART allowance.
Regulation 75 - Regulation 166 (Existing maintenance guarantees)
This regulation makes consequential amendments to regulation 166 of the Migration Regulations as a result of the commencement of the new Social Security Act 1991 which abolishes the unemployment benefit and replaces it with the JobSearch allowance and the NEWSTART allowance.
Regulation 76 - Regulation 180 (Prescribed matters- subsection 63 (1) of the Act)
Regulation 76.1 makes a minor technical amendment to correct a cross-reference to the Migration (Review) Regulations. The Migration (Review) Regulations were amended by Statutory Rules 61 of 1991 when regulation 21B was incorporated in regulation 21. This amendment is retrospective to 15 April 1991, the date of commencement of Statutory Rules 61 of 1991.
Regulations 76.2 and 76.3 also amend regulation 180 of the Migration Regulations to enable revocation of a deportation order in circumstances where, under either section 115 or section 137 of the Migration Act, the Minister replaces a decision of the Immigration Review Tribunal or a Migration Internal Review Officer with a decision which is more favourable to the applicant.
Regulation 76.4 amends regulation 180 by inserting a new paragraph (f), which enables the revocation of a deportation order against a person who satisfies the criteria for the grant of a PRC (temporary) entry permit.
Regulation 77 - Regulation 183 (Fees in respect of applications for visas and entry permits)
This regulation amends regulation 183 of the Migration Regulations to provide for the payment of fees at the time of application rather than grant, in accordance with sections 24 and 34 of the Migration Act.
Regulation 78 - Regulation 183A (Fee on application for a sport visa)
This regulation amends regulation 183A of the Migration Regulations to set a maximum of 10 fees to be paid by a group of persons applying for sports visas.
Regulation 79 - Regulation 185 (Fee on application for temporary entry permit granted only in Australia)
This regulation amends regulation 185 of the Migration Regulations to identify primary and secondary applicants. Primary applicants are those applicants whose eligibility is not dependent upon another person holding an entry permit in the same class. This regulation makes no changes to the fees payable by primary applicants.
Secondary applicants are those applicants whose eligibility does depend upon another person holding an entry permit in the same class.
This regulation imposes a fee of $50 upon secondary applicants, unless the application is combined with that of the primary applicant or unless no fee is payable upon application by the primary applicant.
Regulation 79.4 and 79.8 make technical amendments to regulation 185 of the Migration Regulations.
Regulation 80 - Regulation 186 (Fee on application for certain entry permits)
This regulation amends regulation 186 of the Migration Regulations to ensure that no fee is payable when an applicant is in Australia and is dependent on a person who has applied for a permanent entry permit.
Regulation 81 - Regulation 186A (Fee on application for an extended eligibility (spouse) entry permit)
This regulation amends regulation 186A of the Migration Regulations to ensure that no fee is payable for a further extended eligibility (spouse) entry permit if the application is made under regulation 22E.
This regulation also amends regulation 186A of the Migration Regulations to ensure that no fee is payable for an extended eligibility (spouse) entry permit when an applicant is in Australia and is dependent on a person who has applied for a permanent entry permit.
Regulation 82 - Regulation 186B (Fee on application for a spouse (after entry) entry permit)
This regulation amends regulation 186B of the Migration Regulations to ensure that no fee is payable for a spouse (after entry) entry permit if the applicant is in Australia and is dependent on a person who has applied for a permanent entry permit.
Regulation 83 - Regulation 186C (Fee on application for an extended eligibility (interdependency) entry permit)
This regulation amends regulation 186C of the Migration Regulations to ensure that no fee is payable for a further extended eligibility (interdependency) entry permit if the application is made under regulation 22E.
This regulation also amends regulation 186C of the Migration Regulations to ensure that no fee is payable for an extended eligibility (interdependency) entry permit when an applicant is in Australia and is dependent on a person who has applied for an extended eligibility (interdependency) entry permit.
Regulation 84 - Regulation 187 (Fee on application for skilled occupation entry permit)
This regulation amends regulation 187 of the Migration Regulations to ensure that no fee is payable for a skilled occupation entry permit if the applicant is in Australia and is dependent on a person who has applied for a permanent entry permit.
Regulation 85 - Regulation 188 (Fee on application for confirmatory entry permit)
This regulation amends regulation 188 of the Migration Regulations to ensure that no fee is payable for a confirmatory entry permit if the applicant is in Australia and is dependent on a person who has applied for a permanent entry permit.
Regulation 86 - Regulation 189 (Fee on application for extended eligibility (economic) entry permit)
This regulation amends regulation 189 of the Migration Regulations to ensure that no fee is payable for an extended eligibility (economic) entry permit if the applicant is in Australia and is dependent on a person who has applied for a permanent entry permit.
Regulation 87 - Regulation 189A (Fee on application for extended eligibility (family) entry permit)
This regulation amends regulation 189A of the Migration Regulations to ensure that no fee is payable for an extended eligibility (family) entry permit if the applicant is in Australia and is dependent on a person who has applied for a permanent entry permit.
Regulation 88 - New Regulation 199B
This regulation adds a new regulation 189B to the Migration Regulations - Fee on application for a refugee (permanent) entry permit. This regulation ensures that no fee is payable by the spouse or dependent child of a person who holds or is an applicant for a refugee (permanent) entry permit.
Regulation 89 - Regulation 190A (Fee on grant of a December 1989 (temporary) entry permit)
This regulation omits regulation 190A of the Migration Regulations and substitutes a new regulation 190A - Fee on application for December 1989 (temporary) entry permit. In addition to picking up the provisions of the current regulation 190A, the new regulation provides for the payment of fees at time of application rather than grant in accordance with sections 24 and 34 of the Migration Act.
The new regulation 190A also ensures that no fee is payable for a December 1989 (temporary) entry permit if the applicant is in Australia and is dependent on a person who has applied for a December 1989 (temporary) entry permit.
Regulation 90 - Regulation 192 (Sponsorship fee)
This regulation amends regulation 192 of the Migration Regulations to provide that a sponsorship fee is not payable for a domestic worker (diplomatic or consular) visa or further entry permit.
This regulation also provides that a sponsorship fee is not payable where an extension of temporary stay is sought and the applicant will continue to be employed, for a total period of less than four months, by the person who originally sponsored the applicant, or if a sponsorship fee was paid in respect of the initial sponsorship by the employer.
Regulation 91 - Regulation 201 (Fee on application for an entertainment visa)
This regulation amends regulation 201 of the Migration Regulations to provide for payment of fees at time of application rather than grant, in accordance with sections 24 and 34 of the Migration Act.
Regulation 92 - Regulation 203 (Fees - student (category B) visa)
This regulation makes a technical correction to regulation 203 of the Migration Regulations.
Regulation 93 - Schedule 1 (Criteria and Representative Symbols)
Regulation 93.1 amends item 2A (column 2) of Schedule 1 of the Migration Regulations to clarify the policy intention that an assurance of support may be a discretionary requirement for an applicant seeking to enter or extend his or her stay in Australia on a temporary basis as well as for an applicant seeking permanent residence.
Regulation 93.2 makes a stylistic amendment to item 3 (column 2) of Schedule 1 of the Migration Regulations.
Regulation 93.3 inserts a new item 16 in Schedule 3 of the Migration Regulations, to provide for a criterion requiring that the applicant be of working age at the time of making the application.
Regulation 94 - Schedule 2 (Classes of visas, prescribed criteria and code numbers)
Regulation 94.1 omits the reference to regulation 43 from the heading to Schedule 2 of the Migration Regulations, as regulation 43 was repealed by Statutory Rules 371 of 1990.
Regulation 94.2 amends item 18 of Part 1 of Schedule 2 of the Migration Regulations to provide that applicants for the educational visa may be sponsored by either a relevant research institution or educational institution.
Regulation 94.3 corrects a typographical error.
Regulation 94.4 makes an amendment to clarify the heading of Part 3 of Schedule 2 of the Migration Regulations.
Regulation 94.5 amends item 3 of Part 3 of Schedule 2 of the Migration Regulations to require that applicants for a concessional family visa must be of working age at the time of making the application (the new criterion inserted by regulation 93.3 of these Regulations). This was the policy before 19 December 1989.
Regulation 94.6 amends item 4 of Part 3 of Schedule 2 of the Migration Regulations to require that applicants for an independent entrant visa be of working age at the time of making the application (the new criterion inserted by regulation 93.3 of these Regulations). This was the policy before 19 December 1989.
Regulation 94.7 corrects an error in the title of special equivalent 1989 (temporary) visa in item 16, column 2 of Part 4 of Schedule 2.
Regulation 94.8 corrects a typographical error in item 2 of Part 4 of Schedule 2.
Regulation 95 - Schedule 3 (Classes of entry permits)
Regulations 95.1 and 95.2 correct typographical errors.
Regulation 140 of the Migration Regulations which sets out criteria for tile compassionate grounds entry permit is being amended by regulation 69 of these regulations to include provisions relating to assurances of support. Regulation 95.3 makes a consequential amendment to delete B1 (a criterion relating to assurances of support) from the additional criteria for the compassionate grounds entry permit, as the criteria is now prescribed under regulation 140 of the Migration Regulations.
Regulation 95.4 omits item 58 from Class 2 of Schedule 3 of the Migration Regulations in order to move the medical treatment visa from the temporary resident class into the more appropriate visitor class.
Regulation 95.5 inserts a new item 59E into Class 2 of Schedule 3 of the Migration Regulations in order to move the PRC (temporary) entry permit from the humanitarian class into the more appropriate temporary resident class.
Regulation 95.6 inserts a new item 72A into Class 4 of Schedule 3 of the Migration Regulations in order to move the medical treatment entry permit from the temporary resident class into the more appropriate visitor class.
Regulation 95.7 corrects a typographical error.
Regulation 95.8 omits item 82 from Class 9 of Schedule 3 of the Migration Regulations in order to move the PRC (temporary) entry permit from the humanitarian class into the more appropriate temporary resident class.
Regulation 95.9 inserts a new item 82A into Class 9 (Humanitarian) of Schedule 3 of the Migration Regulations as a result of the commencement of the new Yugoslav (temporary) entry permit (see regulation 54 of these Regulations).
Regulation 95.10 omits Class 10 (Statutory visitor) from Schedule 3 of the Migration Regulations as a consequence of the omission of the statutory visitor (territorial asylum) entry permit and the statutory visitor (refugee) entry permit from the Migration Regulations (see regulation 48 of these Regulations).
Regulation 95.11 omits item 93 from Schedule 3 of the Migration Regulations as a result of the omission of the Refugee (temporary) entry permit from the Migration Regulations (see regulation 56 of these Regulations).
Regulation 96 - Schedule 4 (Prescribed qualifications and prescribed number of points)
This regulation omits item 24 of Schedule 4 of the Migration Regulations and substitutes a new item 24.
The effect of the new item 24 is to:
(i) change paragraph (b) to make settlement of sponsor qualifications dependent on the time the Department receives the sponsorship rather than the time the sponsorship is entered into, which is difficult to determine.
(ii) change paragraph (b) so that instead of referring only to a "benefit" the paragraph covers all forms of Australian social security including any benefit, pension or allowance.
(iii) change paragraphs (c) and (d) to cover special benefit and changes in the Social Security Act 1991 which introduced the NEWSTART and JobSearch allowances, in addition to the benefits, pensions and allowances payable prior to 1 July 1991.
Regulation 97 - Schedule 5 (Mandatory conditions for grant of visas and entry permits)
Regulation 97.1 corrects a typographical error.
Regulation 97.2 amends item 3 in Schedule 5 of the Migration Regulations to remove regulation 45 (business visitor visa and entry permit) which is now included in item 3A (see regulation 97.3 of these Regulations).
Regulation 97.3 inserts a new item 3A in Schedule 5 of the Migration Regulations which imposes on business visitor visas and entry permits, the mandatory condition that the holder is to engage only in work relevant to the conduct of the business or tasks specified in the visa application, unless the Secretary gives permission in writing to do otherwise.
Regulation 97.4 omits items 10-14 of Schedule 5 of the Migration Regulations and substitutes new items 10-16. Old item 10 has been separated into new items 10 and 11 in order to reflect the new condition that domestic workers (diplomatic or consular) may stay in Australia after the permanent departure of their employer, with the permission of the Minister for Foreign Affairs and Trade (see regulations 8.1 and 13.1 of these Regulations). New items 12, 13, 14 and 15 are, except for stylistic changes the same as old items 11, 12, 13 and 14 respectively. New item 16 sets out new mandatory conditions for the religious worker visa or entry permit relating to extension of stay (see regulations 8.4 and 13.3 of these Regulations). It also imposes as mandatory the conditions in regulations 17(1)(m) and 28(1)(k) of the Migration Regulations which relate to involvement in disruptive, violent or threatening activities.
Regulation 98 - Schedule 6 (Forms)
This regulation makes minor typographical and technical corrections.
Regulation 99 - Schedule 7 (Endorsement of visas and entry permits for purposes of subsections 20(4) and (5) of the Act - codes or abbreviations)
This regulation omits Schedule 7 of the Migration Regulations and substitutes a new Schedule 7. The new Schedule includes new visa codes for items 1-6, 14 and 15.
Regulation 100 - Schedule 8 (Fees)
Regulation 100.1 corrects terminology.
Regulations 100.2 and 100.3 amend items 53 and 54 of Part 1 of Schedule 8 of the Migration Regulations to provide that the fee specified for these visas does not apply when the application is made under regulation 22A of the Migration Regulations.
Regulation 100.4 amends item 79 of Part 1 of Schedule 8 of the Migration Regulations to remove the distinction between applications lodged in Australia and applications lodged overseas because in practice, applications are not lodged in Australia for this visa.
Regulation 100.5 increases the fee for the occupational trainee visa from $30 to $100.
Regulation 100.6 omits item 10 of Part 2 of Schedule 8 of the Migration Regulations as a consequence of the repeal of the refugee (restricted) entry permit by Statutory Rules 25 of 1991.
Regulation 100.7 adds a new item 14 to Part 2 of Schedule 8 of the Migration Regulations to prescribe a $30 fee for applications for the new Yugoslav (temporary) entry permit (see regulation 54 of these Regulations).
Regulation 100.8 omits item 17 of Part 2 of Schedule 8 of the Migration Regulations as a consequence of the repeal of the refugee (temporary) entry permit (see regulation 56 of these Regulations).
Regulation 100.9 amends item 18 of Part 2 of Schedule 8 of the Migration Regulations by omitting "$50" and substituting "the fee ascertained under regulation 189B". Regulation 88 of these Regulations adds a new regulation 189B to the Migration Regulations in order to ensure that no fee is payable by the spouse or dependent child of a person who holds or is an applicant for a refugee (permanent) entry permit. The $50 fee remains otherwise unchanged.
Regulation 100.10 makes a typographical correction.