MIGRATION REGULATIONS (AMENDMENT) 1991 NO. 8 MIGRATION REGULATIONS (AMENDMENT) 1991 NO. 8 - TABLE OF PROVISIONS 1.. Amendment 2.. Regulation 22 (Applications for entry permits) 3.. Regulation 40 (Prescribed change in circumstances--paragraphs 36 (1) (a) and 37 (2) (a) of the Act) 4.. New regulation 107B 5.. Regulation 119HA (PRC (temporary) visa) 6.. New regulations 119J and 119K 7.. Regulation 169 (Service of documents generally) 8.. Regulation 173A (Reconsideration of decisions to refuse to grant a visa or entry permit) 9.. Schedule 1 (Criteria and representative symbols) 10.. Schedule 3 (Classes of entry permits) 11.. Schedule 5 (Mandatory conditions for grant of visas and entry permits) 12.. Schedule 8 (Fees) MIGRATION REGULATIONS (AMENDMENT) 1991 No. 8 - REG 1. Amendment 1.1The Migration Regulations are amended as set out in these Regulations. MIGRATION REGULATIONS (AMENDMENT) 1991 No. 8 - REG 2. Regulation 22 (Applications for entry permits) 2.1After subregulation 22 (2), add: "(3) An application for an evacuation entry permit is in accordance with these Regulations if it is made by or on behalf of the applicant in a manner approved by the Minister.". MIGRATION REGULATIONS (AMENDMENT) 1991 No. 8 - REG 3. Regulation 40 (Prescribed change in circumstances--paragraphs 36 (1) (a) and 37 (2) (a) of the Act) 3.1Subregulation 40 (1): Add at the end: "(o) the person satisfies the criteria specified in subregulation 119K (1).". MIGRATION REGULATIONS (AMENDMENT) 1991 No. 8 - REG 4. New regulation 107B 4.1After regulation 107A, insert in Division 3 of Part 3: PRC (temporary) visa "107B. (1) The following criteria are prescribed in relation to a PRC (temporary) visa: (a) in the case of an applicant who holds a PRC (temporary) entry permit, the applicant is in Australia at the time of making the application; or (b) in any other case, the applicant: (i) is outside Australia at the time of making the application; and (ii) is: (A) the spouse; or (B) a dependent child; of a person who holds a PRC (temporary) entry permit or visa; and (iii) satisfies the criteria specified in items 5 and 9 of Schedule 1; and (iv) lodges with the application an approved nomination in relation to the applicant. "(2) For the purposes of subparagraph (1) (b) (iv), an approved nomination is a nomination made in writing by the person referred to in subparagraph (1) (b) (ii) that: (a) is lodged by that person in Australia; and (b) is approved by the Minister and endorsed by an officer to that effect. "(3) A PRC (temporary) visa expires on 30 June 1994. "(4) If a person who holds a PRC (temporary) visa travels to the PRC during the period of the visa's validity: (a) the Minister may cancel the visa; and (b) where the person has re-entered Australia after so travelling, the Minister may cancel the PRC (temporary) entry permit held by the person.". MIGRATION REGULATIONS (AMENDMENT) 1991 No. 8 - REG 5. Regulation 119HA (PRC (temporary) visa) 5.1Omit the regulation. MIGRATION REGULATIONS (AMENDMENT) 1991 No. 8 - REG 6. New regulations 119J and 119K 6.1After regulation 119I, insert in Division 4 of Part 3: Evacuation entry permit "119J. (1) The following criteria are prescribed in relation to an evacuation entry permit: (a) the applicant is not the holder of a visa; (b) the applicant seeks entry to Australia for a temporary stay after having been evacuated from another country pursuant to emergency operations approved by the Minister for the purposes of this regulation; (c) the Minister is satisfied that: (i) the applicant has urgent and compelling reasons for seeking to remain temporarily in Australia; and (ii) the applicant does not intend to become a permanent resident of Australia; and (iii) it is in the national interest to grant an evacuation entry permit to the applicant; and (iv) it was impractical for the applicant to apply for a visa in a place outside Australia. "(2) An evacuation entry permit is not to be granted except as a temporary entry permit. Gulf conflict (temporary) entry permit "119K. (1) The following criteria are prescribed in relation to a Gulf conflict (temporary) entry permit: (a) the applicant is a citizen, and normally a resident, of a country that is certified by the Minister, by notice in the Gazette, to be a country that is directly affected by warfare arising out of the invasion of Kuwait by Iraq; (b) the applicant was present in Australia on 17 January 1991; (c) the applicant is not subject to a current deportation order; (d) the Minister is satisfied that it is not contrary to the national interest to grant a Gulf conflict (temporary) entry permit to the applicant. "(2) A Gulf conflict (temporary) entry permit: (a) is not to be granted except as a temporary entry permit in respect of a period ending not later than 30 April 1991; and (c) is subject to the condition specified in paragraph 33 (4) (a) of the Act.". MIGRATION REGULATIONS (AMENDMENT) 1991 No. 8 - REG 7. Regulation 169 (Service of documents generally) 7.1Subregulation 169 (1): Omit "person;" (first occurring), substitute "person:". MIGRATION REGULATIONS (AMENDMENT) 1991 No. 8 - REG 8. Regulation 173A (Reconsideration of decisions to refuse to grant a visa or entry permit) 8.1Paragraph 173A (2) (b): Omit "applicant", substitute "applicant:". MIGRATION REGULATIONS (AMENDMENT) 1991 No. 8 - REG 9. Schedule 1 (Criteria and representative symbols) 9.1Item 9, paragraph (b): Omit "would, be", substitute "would be". 9.2Item 9, subparagraph (c) (iv): Omit "would". MIGRATION REGULATIONS (AMENDMENT) 1991 No. 8 - REG 10. Schedule 3 (Classes of entry permits) 10.1After item 82, insert in the provision relating to Class 9 entry permits: "82A Gulf conflict (temporary) 441". 10.2After the provision relating to Class 12 entry permits, add: "CLASS 13 ENTRY PERMIT--EVACUATION ________________________________________________________________________ Column 1 Column 2 Column 3 Column 4 Item No. Entry permit Additional prescribed Code No. criteria (if any)* ________________________________________________________________________ 95 Evacuation D 490". ________________________________________________________________________ MIGRATION REGULATIONS (AMENDMENT) 1991 No. 8 - REG 11. Schedule 5 (Mandatory conditions for grant of visas and entry permits) 11.1Item 1: In column 2, after "permit", add ", evacuation entry permit". MIGRATION REGULATIONS (AMENDMENT) 1991 No. 8 - REG 12. Schedule 8 (Fees) 12.1Part 2: After item 22, add: "23 evacuation -- 24 Gulf conflict (temporary) 30". ______________________________________________________ 1. Notified in the Commonwealth of Australia Gazette on 31 January 1991. 2. Statutory Rules 1989 No. 365 as amended by 1989 Nos. 414 and 416; 1990 Nos. 1, 34, 69, 75, 109, 204, 237, 242, 251, 261, 272, 279, 320, 339, 371, 402 and 452; 1991 No. 2. MIGRATION REGULATIONS (AMENDMENT) 1991 NO. 8 - NOTES Compilation Information I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Migration Act 1958. Dated 29 January 1991. BILL HAYDEN Governor-General By His Excellency's Command, ROBERT TICKNER Minister of State for Aboriginal Affairs for and on behalf of the Minister of State for Immigration, Local Government and Ethnic Affairs ____________