Commonwealth Numbered Regulations - Explanatory Statements

[Index] [Search] [Download] [Related Items] [Help]

MIGRATION REGULATIONS (AMENDMENT) 1991 NO. 295

STATUTORY RULES 1991 No. 295

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 make the following amendments to the Migration Regulations:

•       Regulations 3, 4, 5, 9 and 10 contain technical amendments.

•       Regulation 4.3 amends regulation 36 of the Migration Regulations to exempt people who have applied for a review of a decision on an application and who departed within 7 days of being notified of the review decision, from restrictions on their re-entry to Australia. This amendment is linked to recent amendments to the Migration Act which extended time limits within which review applications must be lodged and which may result in people remaining in Australia beyond the period in which they would be expected to leave, to await the outcome of an application for review.

•       Regulation 6 amends regulation 51 of the Migration Regulations to enable the Minister to refuse a visa or an entry permit to an applicant in respect of whom a valid employer nomination has been approved under regulation 166A by a decision maker in Australia, where employment with the nominating employer ceases to be available before a decision is made on the application for the visa or entry permit.

•       Regulation 7 amends regulation 126 of the Migration Regulations to allow for the grant of an extended eligibility (spouse) entry permit to an applicant who applied for the entry permit before 15 April 1991 on the grounds of a marital relationship with an Australian citizen or permanent resident, but where, after the application, the relationship has broken down because of domestic violence against the applicant by the spouse, and providing the application had not been decided before the commencement of these regulations on 1 October 1991. Prior to this amendment provision for the grant of an extended eligibility (spouse) entry permit to an applicant whose relationship breaks down because of domestic violence after the application was made, was restricted to applicants who applied on or after 15 April 1991, when the arrangements for providing for the grant of this entry permit on these grounds were introduced.

•       Regulation 8 amends regulation 135 of the Migration Regulations to allow for the grant of a spouse (after entry) entry permit to an applicant who applied for the entry permit before 15 April 1991 on the grounds of a marital relationship with an Australian citizen or permanent resident, but where, after the application, the relationship has broken down because of domestic violence against the applicant by the spouse, and providing the application for the spouse (after entry) entry permit application had not been decided before the commencement of these regulations on 1 October 1991. Prior to this amendment provision for the grant of the spouse (after entry) entry permit to an applicant whose relationship breaks down because of domestic violence after the application was made, was restricted to applicants who applied on or after 15 April 1991, when the arrangements providing for the grant of this entry permit on these grounds were introduced.

•       Regulations 9 and 11 increase the fee for temporary entry permits applied for in Australia from $50 to $100, for all categories of temporary entrants except students seeking to extend their stay, in accordance with Cabinet's decision 15442 of 18 July 1991. These regulations also increase fees for all applications for grant of residence in Australia (except those on business grounds, which are currently under review), in accordance with a Government decision to index the fees for these applications annually in line with the Consumer Price Index (CPI).

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