Commonwealth Numbered Regulations - Explanatory Statements

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MIGRATION REGULATIONS (AMENDMENT) 1992 NO. 231

STATUTORY RULES 1992 No. 231

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 Regulations is to:

•       make a number of amendments to regulations 107B and 119H of the Migration Regulations (PRC (temporary) visa and entry permit) to stop "chain" migration and marriages of convenience; and

•       prescribe persons for the purposes of subsection 15(3) of the Act. This subsection enables prescribed persons to be exempted from the requirement to give a section 20 notice to the Secretary notwithstanding that they are persons to whom subsection 20(1) applies.

Details of the Regulations are set out in the Attachment.

These Regulations are to commence on 23 July 1992.

ATTACHMENT

Regulation 1 - Amendment

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

Regulation 2 - Commencement

This regulation provides for these Regulations to commence on 23 July 1992.

Regulation 3 - Regulation 16 (Effect and operation of visas)

This regulation adds the condition at paragraph 17(1)(o) of the Migration Regulations (the condition "that, during the period of validity of the visa, there is no material change in the circumstances on the basis of which the visa is granted" visa) to the "terminating conditions" listed in subregulation 16(8).

Regulation 4 - Regulation 27 (Effect and operation of entry permits)

This regulation adds the condition at paragraph 28(1)(m) of the Migration Regulations (the condition "that, during the period of validity of the entry permit, there is no material change in the circumstances on the basis of which the entry permit is granted") to the "terminating conditions" listed in subregulation 27(3).

Regulation 5 - Regulation 107B (PRC (temporary visa)

This regulation makes three amendments to regulation 107B of the Migration Regulations:

(1)       to restrict eligibility for spouses and dependents to those who are spouses or dependents of persons who were in Australia on 20 June 1989 and who were granted PRC (temporary) entry permits (ie. the "original" class 437 entry permit holders);

(2)       to restrict nomination of spouses to those who are already spouses on 23 July 1992; and

(3)       to add new subregulations (5) and (6) which enable cancellation of a visa granted on the basis that a person was a spouse or a dependent child, if that person ceases to be a spouse or a dependent child.

Regulation 6 - Regulation 119H (PRC (temporary) entry permit)

This regulation makes four amendments to regulation 119H of the Migration Regulations to:

(1)       correct an error made by Statutory Rules No. 125 of 14 May 1992 which added a new criterion as paragraph 119H(1A)(c). This criterion should have only applied to applicants applying under paragraph 119H(1A)(a) and is now included as paragraph 119H(1A)(b);

(2)       restrict eligibility for spouses and dependents to those who are spouses or dependents of persons who were in Australia on 20 June 1989 and who were granted PRC (temporary) entry permits (the "original" class 437 entry permit holders);

(3)       restrict nomination of spouses to those who are already spouses on 23 July 1992; and

(4)       add new subregulations (5) and (6) which enable cancellation of an entry permit granted on the basis that a person was a spouse or a dependent child if that person ceases to be a spouse or a dependent child.

Regulation 7 - New Regulation 174A

The Migration Amendment Act (No. 2) 1992 added a new subsection (3) to section 15 of the Act which enables prescribed persons to be exempted from the requirement to give a section 20 notice to the Secretary notwithstanding that they are persons to whom subsection 20(1) applies.

This regulation adds a new regulation to the Migration Regulations to include "guests of government" as prescribed persons under subsection 15(3) of the Act.

Regulation 8 - Schedule 5 (Mandatory conditions for grant of visas and entry permits)

This regulation makes paragraphs 17(1)(o) and 28(1)(m) of the Migration Regulations mandatory conditions for the PRC (temporary) visa and the PRC (temporary) entry permit respectively. These conditions require that the holder has no material change in the circumstances on the basis of which the visa or entry permit was granted.