Commonwealth Numbered Regulations - Explanatory Statements

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MIGRATION (ANGOLA - UNITED NATIONS SECURITY COUNCIL RESOLUTIONS) REPEAL REGULATIONS 2003 NO. 231

STATUTORY RULES 2003 No. 231

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

Migration Act 1958

Migration (Angola - United Nations Security Council Resolutions) Repeal Regulations

Subsection 504(1) of the Migration Act 1958 (the Act) provides that the Governor-General may make regulations not inconsistent with the Act, prescribing all matters which by the Act are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.

Subsection 31(1) of the Act provides that the regulations are to prescribe classes of visas. Subsection 31(3) of the Act provides that the regulations may prescribe criteria for a visa or visas of a specified class.

Subsection 116(1)(g) of the Act provides that the Minister may cancel a visa if he or she is satisfied that a prescribed ground for cancelling a visa applies to the holder.

On 9 December 2002, the United Nations Security Council (UNSC) adopted a Resolution 1448 (2002) in which the United Nations (UN) sanctions against Uniao Nacional para a Independencia Total de Angola (UNITA) were lifted. Australia is obliged under the Charter of the UN to comply with decisions of the UNSC.

The purpose of the regulations is to give effect to UNSC Resolution 1448 (2002) by repealing the Migration (Angola - United Nations Security Council Resolutions) Regulations, which prevented entry into Australia of senior UNITA officials and their immediate adult family members and allow for cancellation of their visas under subsection 116(1)(g) of the Act.

These regulations:

•       ensure Australia's compliance with international obligations;

•       allow senior members of UNITA and their immediate adult family members to enter and remain in Australia; and

•       mean that being a senior official of UNITA or an immediate adult family member of a senior official of UNITA, will no longer be grounds for a visa cancellation under s116(1)(g) of the Act.

Details of these regulations are set out in the Attachment.

The Act specifies no conditions that need to be met before the power to make the proposed regulations may be exercised.

These regulations commence on 1 November 2003.

0307526A - 030818Z

ATTACHMENT

Regulation 1 - Name of Regulations

This regulation provides that these Regulations are the Migration (Angola - United Nations Security Council Resolutions) Repeal Regulations 2003.

Regulation 2 - Commencement

This regulation provides that these Regulations commence on 1 November 2003.

Regulation 3 - Migration (Angola - United Nations Security Council Resolutions) Regulations - repeal

On 28 August 1997, the United Nations Security Council (UNSC) imposed sanctions (under UNSC Resolution 1127 (1997)) against Uniao Nacional para a Independencia Total de Angola (UNITA) for failing to implement its obligations under peace accords with the Angolan government. The resolution prevented entry into Member States by senior Angolan UNITA officials and their immediate adult family members.

Australia implemented UNSC Resolution 1172 (1997) in the Migration (Angola-United Nations Security Council Resolutions) Regulations, preventing the grant of a visa to senior UNITA officials and their immediate adult family members. Visas that were granted to senior UNITA officials or their immediate adult family members were also subject to cancellation.

On 9 December 2002, the United Nations Security Council (UNSC) adopted a resolution in which the UN sanctions against UNITA were lifted (Resolution 1448 (2002)). Australia is obliged under the Charter of the United Nations to comply with decisions of the UNSC.

Regulation 3 therefore provides for the repeal of the Migration (Angola-United Nation Security Council Resolutions) Regulations (Statutory Rules 1997 No. 404).