Commonwealth Numbered Regulations - Explanatory Statements

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MIGRATION REGULATIONS (AMENDMENT) 1997 NO. 301

STATUTORY RULES 1997 No. 301

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

Migration Act 1958

Migration Regulations (Amendment)

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 to be prescribed by the Act or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.

Without limiting the generality of section 504, subsection 31(3) of the Act provides that the Regulations may prescribe criteria for visas of a specified class. The purposes of the Regulations are to amend the Migration Regulations to:

*       make a technical amendment to regulation 2.08B to clarify that paragraph 2.08B(1)(da) is to apply only to an applicant for a Resolution of Status (Temporary) (Class UH) visa. Regulation 2.08B provides a right to add dependent children to an application made by a person for a Resolution of Status (Temporary) (Class UH) visa after that application has been made (regulation 3); and

*       make minor consequential amendments to Part 805 of Schedule 2 to the Migration Regulations to clarify certain amendments to Part 805 made by Statutory Rules 1997 No. 288 which will also commence on 1 November 1997. Clause 805.211 relates to criteria to be satisfied for the grant of a Subclass 805 (Skilled) visa by an applicant who is the holder of a Subclass 457 (Business (Long Stay)) visa (regulation 4).

Regulation 1 - Commencement

This regulation provides that these Regulations commence on 1 November 1997.

Regulation 2 - Amendment

This regulation provides for the Migration Regulations to be amended as set out in these Regulations.

Regulation 3 - Regulation 2.08B (Addition of dependent children to certain applications for temporary visas)

This regulation amends paragraph 2.08B(1)(da). This amendment clarifies that this paragraph only applies to an applicant for a Resolution of Status (Temporary) (Class UH) visa. This amendment is consistent with the policy intention. The amendment is required to put the matter beyond any possible doubt.

Regulation 4 - Schedule 2, Part 805 (Skilled)

Subregulation 4.1 amends subparagraph 805.211(2)(b)(iii) to omit "visa; or" and substitute "visa.". The amendment is consequential to the amendment contained in subregulation 4.2.

Subregulation 4.2 omits subparagraph 805.211(2)(b)(iv) so that the holder of a Subclass 457 (Business (Long Stay)) visa granted on the basis that his or her employer was a Pre-Qualified Business Sponsor is not precluded from being granted a Subclass 805 (Skilled) visa under subclause 805.211(2).

Subregulation 4.3 omits paragraph 805.212(2A)(b) and substitute's a new paragraph (b) so that any applicants who have been granted a Subclass 457 (Business (Long Stay)) visa hold a "qualifying visa" under subclause 805.212(2A). This effectively removes the existing barrier to being granted a Subclass 805 (Skilled) visa for applicants who hold a Subclass 457 (Business (Long Stay)) visa on the basis that their employer was a Pre-Qualified Business Sponsor.

The Regulations commence on 1 November 7.