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MIGRATION REGULATIONS (AMENDMENT) 1992 NO. 125
EXPLANATORY STATEMENTSTATUTORY RULES 1992 No. 125
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 regulations to be made providing for different classes of visas and entry permits. The purpose of the proposed Regulations is to:
• enable an exchange visa to be granted where the period of the exchange is to exceed 2 years;
• amend the family relationship visa to restrict its availability only to applicants visiting relatives in Australia or visiting families who have a close family connection with the applicant's family, where the family in Australia has at least one member who is an Australian citizen or permanent resident;
• rename the Yugoslav (temporary) entry permit to reflect Australia's recognition of Croatia and Slovenia as independent States and extend its operation to 31 July 1992;
• extend the operation of the Sri Lankan (temporary) entry permit to 31 July 1992
• provide that applicants for a PRC (temporary) entry permit have entered Australia as citizens of the PRC and that they are not citizens of or hold right of residence in any country other than the PRC;
• define more precisely the restraining orders or injunctions required under regulation 126 (extended eligibility (spouse) entry permit) and regulation 135 (spouse (after entry) entry permit) as evidence of the breakdown of a marriage; and
• make a number of technical amendments.
The amendments made by regulations 3, 8, 15 and 16 and subregulations 9.1, 9.2, and 9.4 are retrospective. As these amendments are beneficial to individuals and do not disadvantaged any individual, they are not in conflict with the provisions of the Acts Interpretation Act 1901.
Details of the Regulations, including retrospective provisions, are set out in the Attachment.
ATTACHMENT
Regulation 1 - Commencement
Sub-regulations 1.1, 1.3 and 1.5 provide for amendments to the Yugoslav (temporary) and Sri Lankan (temporary) entry permits, to commence on 1 May 1992. As these amendments are beneficial to individuals and do not disadvantaged any individual, they are not in conflict with the provisions of the Acts Interpretation Act 1901.
Regulation 2 - Amendment
This regulation provides for the Migration Regulations to be amended as set out in these Regulations.
Regulation 3 - Regulation 40 (Prescribed change in circumstances - paragraphs 36(1)(a) and 37(2)(a) of the Act)
This regulation amends regulation 40(1)(t) of the Migration Regulations to change the title of the entry permit following Australia's recognition of Croatia and Slovenia as independent States.
Regulation 4 - Regulation 64 (Exchange visa)
This regulation amends regulation 64 of the Migration Regulations to remove the requirement that the period of exchange not exceed 2 years as this requirement has been found to be unnecessarily restrictive.
Regulation 5 - Regulation 66 (Family relationship visa)
This regulation amends regulation 66 of the Migration Regulations to require that a member of the "host" family be an Australian Citizen or a permanent resident of Australia.
Regulation 6 - Regulation 107D (East Timorese in Portugal (special assistance) visa)
This regulation corrects a typographical error in regulation 107D of the Migration Regulations.
Regulation 7 - Regulation 107F (Minorities of former USSR (special assistance) visa)
This regulation corrects a typographical error in regulation 107F of the Migration Regulations.
Regulation 8 Regulation 118 (Croatians. Slovenians and Yugoslavs (temporary) entry permits)
This regulation amends regulation 118 of the Migration Regulations to change the title following Australia's recognition of Croatia and Slovenia as independent States. This regulation also extends the period for which this entry permit can be granted to 31 July 1992.
Regulation 9 - Regulation 119G (Sri Lankan (temporary) entry permit)
This regulation extends the period for which this entry permit can be granted to 31 July 1992. It is to be available to applicants who are legally temporarily in Australia on 30 April 1992.
Regulation 10 - Regulation 119H (PRC (temporary) entry permit)
This regulation amends regulation 119H of the Migration Regulations to require that an applicant has entered Australia as a citizen of the PRC and that he or she does not have right of residence or citizenship of any country other than the PRC.
Regulation 11 - Regulation 126 (Extended eligibility (spouse) entry permit)
This regulation amends regulation 126 of the Migration Regulations to more precisely define the restraining orders or injunctions required.
Regulation 12 - Regulation 135 (Spouse (after entry) entry permit)
This regulation amends regulation 135 of the Migration Regulations to more precisely define the restraining orders or injunctions required.
Regulation 13 - Regulation 139 (Skilled occupation entry permit)
This regulation makes a technical correction, and also omits paragraph 139(1)(d), the criterion in it is already included in paragraph 139(1)(c)(iv).
Regulation 14 - Regulation 205 (Waiver of fee for visitor visa in certain circumstances)
Statutory Rules No. 96 of 1992 amended regulation 205 of the Migration Regulations with the intention that the Minister might only waive a fee payable on application for a visitor visa where an applicant seeks to enter as a representative of a foreign government. However the previous provision was not omitted. This regulation corrects this error.
Regulation 15 - Schedule 3 (Classes of entry permits)
This regulation amends Schedule 3, Class 9, item 82B of the Migration Regulations to change the title of the entry permit following Australia's recognition of Croatia and Slovenia as independent States.
Regulation 16 - Schedule 8 (Fees)
This regulation amends Schedule 8, Part 2, item 14 of the Migration Regulations to change the title of the entry permit following Australia's recognition of Croatia and Slovenia as independent States.