MIGRATION REGULATIONS (AMENDMENT) 1992 NO. 51 MIGRATION REGULATIONS (AMENDMENT) 1992 NO. 51 - TABLE OF PROVISIONS 1. Commencement 2. Amendment 3. Regulation 2 (Interpretation) 4. Regulation 13 (Grant of visa) 5. Regulation 16 (Effect and operation of visas) 6. Regulation 17 (Conditions in connection with grant of visas) 7. Regulation 28 (Conditions in connection with grant of temporary entry permits) 8. Regulation 40 (Prescribed change in circumstances-paragraphs 36 (1) (a) and 37 (2) (a) of the Act) 9. Regulation 42 (Prescribed criteria-entry permits) 10. Regulation 48A (Business skills visa) 11. Regulation 51 (Employer nomination visa) 12. Regulation 87B (Occupational trainee visa) 13. Regulation 88 (Business visitor visa) 14. New regulation 88A 15. Regulation 89 (Close family visitor visa) 16. New regulation 89A 17. Regulation 90 (Medical treatment visa) 18. New regulation 90A 19. Regulation 91 (Tourist visa) 20. New regulation 91A 21. Regulation 93 (Visitor (other) visa) 22. New regulation 93A 23. Regulation 98B (Student (category A) visa) 24. Regulation 98C (Conditions-student (category A) visa) 25. Regulation 98D (Student (category B) visa) 26. Regulation 98E (Conditions-student (category B) visa) 27. Regulation 99 (Division to cease to have effect) 28. New regulations 107D, 107E and 107F 29. Regulation 108 (Grant of visa or entry permit to family unit members) 30. Regulation 120 (Grant of temporary entry permit to holder of visitor visa, visitor entry permit or prescribed temporary entry permit) 31. New regulation 120A 32. Regulation 121 (Grant of temporary entry permits to holders of working holiday visas or entry permits or of prescribed temporary entry permits) 33. Regulation 122 (Grant of temporary entry permits to holders of certain student visas or entry permits, or of prescribed temporary entry permits) 34. Regulation 125 (Prescribed criteria for grant of temporary entry permits to lawful temporary residents or holders of prescribed temporary entry permits) 35. Regulation 144 (Waiver of health criteria) 36. Regulation 145 (Prescribed qualifications and prescribed number of points) 37. Regulation 146 (Qualifications-suitability for employment) 38. New regulation 183AA 39. Regulation 185 (Fee on application for temporary entry permits granted only in Australia) 40. Regulation 194 (Refund of fees) 41. Regulation 204 (Fees-certain visitor visas) 42. Schedule 2 (Classes of visas, prescribed criteria and code numbers) 43. Schedule 3 (Classes of entry permits) 44. Schedule 5 (Mandatory conditions for grant of visas and entry permits) 45. Schedule 8 (Fees) 46. New Schedule 8a 47. Amendment of Statutory Rules 1991 No. 349 1992 No. 51 MIGRATION REGULATIONS (AMENDMENT) - REG 1 1. Commencement 1.1 Regulation 3, other than subregulation 3.8, commences on 1 March 1992. 1.2 Subregulation 3.8 commences on 1 May 1992. 1.3 Subregulation 4.1 commences on 1 May 1992. 1.4 Regulation 5 commences on 1 March 1992. 1.5 Subregulation 9.2 commences on 1 May 1992. 1.6 Regulation 11 commences on 30 March 1992. 1.7 Regulations 14, 16, 18, 20 and 22 commence on 1 May 1992. 1.8 Regulations 23, 24, 25 and 26 commence on 1 March 1992. 1.9 Subregulation 34.2 is taken to have commenced on 1 January 1992. 1.10 Regulation 38 commences on 16 March 1992. 1.11 Subregulations 42.6, 43.2, 43.3, 43.4, 43.5, 43.6, 44.1, 44.2, 44.3 and 45.2 commence on 1 May 1992. 1.12 Regulation 46 commences on 16 March 1992. (NOTE: The remainder of these Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48) 1992 No. 51 MIGRATION REGULATIONS (AMENDMENT) - REG 2 2. Amendment 2.1 The Migration Regulations are amended as set out in these Regulations. 1992 No. 51 MIGRATION REGULATIONS (AMENDMENT) - REG 3 3. Regulation 2 (Interpretation) 3.1 Subregulation 2 (1) (definition of "assisted student", paragraph (a)): Omit the paragraph, substitute: "(a) a student who has been granted entry to Australia for study or training for the purposes of the Subsidised Overseas Students Program administered by the Department of Employment, Education and Training; or". 3.2 Subregulation 2 (1) (definition of "assisted student", paragraph (c)): Omit the paragraph, substitute: "(c) a student granted entry to Australia for study or training under a scholarship scheme, or a training program, that is approved by AIDAB;". 3.3 Subregulation 2 (1) (definition of "private subsidised student"): Omit the definition. 3.4 Subregulation 2 (1) (definition of "public interest criteria"): Add at the end: "(g) is not determined by the Minister for Foreign Affairs and Trade to be a person whose presence in Australia would prejudice relations between Australia and a foreign country;". 3.5 Subregulation 2 (1): After the definition of "return visa", insert: "'school-age dependant', in relation to a person, means a member of the family unit of the person who has turned 5, but not 19;". 3.6 Subregulation 2 (1): After the definition of "settled", insert: "'short stay visitor entry permit' means an entry permit of one of the following kinds: (a) business visitor (short stay) entry permit; (b) close family visitor (short stay) entry permit; (c) medical treatment (short stay) entry permit; (d) tourist (short stay) entry permit; (e) visitor (other) (short stay) entry permit; 'short stay visitor visa' means a visa of one of the following kinds: (a) business visitor (short stay) visa; (b) close family visitor (short stay) visa; (c) medical treatment (short stay) visa; (d) tourist (short stay) visa; (e) visitor (other) (short stay) visa;". 3.7 Subregulation 2 (1): After the definition of "student visa", insert: "'subsidised student' means a student enrolled in a course of study in respect of which the student is subsidised under the Subsidised Overseas Student Program administered by the Department of Employment, Education and Training;". 3.8 Subregulation 2 (1) (definition of "visitor visa"): Omit the definition, substitute: "'visitor visa' means a visa of the class specified in any of: (a) items 45 to 50 (inclusive) in Part 1 in Schedule 2; or (b) items 64 to 68 (inclusive) in that Part;". 1992 No. 51 MIGRATION REGULATIONS (AMENDMENT) - REG 4 4. Regulation 13 (Grant of visa) 4.1 Subparagraph 13 (2) (a) (iii): Omit the subparagraph, substitute: "(iii) items 57 to 68 (inclusive) in that Part;". 4.2 Subparagraph 13 (2) (b) (iii): Omit the subparagraph, substitute: "(iii) items 1 to 11 (inclusive) in Part 2 in that Schedule;". 1992 No. 51 MIGRATION REGULATIONS (AMENDMENT) - REG 5 5. Regulation 16 (Effect and operation of visas) 5.1 Paragraph 16 (8) (g): Omit the paragraph, substitute: "(g) a condition referred to in: (i) subregulation 98C (1), (2) or (3); or (ii) paragraph 98C (4) (a), (b) or (c); or (iii) subregulation 98E (1), (2), (3), (4) or (5); or (iv) paragraph 98E (6) (a), (b) or (c).". 1992 No. 51 MIGRATION REGULATIONS (AMENDMENT) - REG 6 6. Regulation 17 (Conditions in connection with grant of visas) 6.1 Subregulation 17 (1): Add at the end: "; (r) in the case of an occupational trainee visa granted to a person who is not a dependant of another holder of a visa of that kind, the condition that the person must not engage in an activity that in Australia normally attracts remuneration, being an activity unrelated to the training in respect of which the visa was granted, without the written permission of the Secretary; and (s) in the case of an occupational trainee visa granted to a person who is a dependant of another holder of a visa of that kind, the condition that the person must not engage in an activity that in Australia normally attracts remuneration without the written permission of the Secretary;". 1992 No. 51 MIGRATION REGULATIONS (AMENDMENT) - REG 7 7. Regulation 28 (Conditions in connection with grant of temporary entry permits) 7.1 Subregulation 28 (1): Add at the end: "; (p) in the case of an occupational trainee entry permit granted to a person who is not a dependant of another holder of an entry permit of that kind, the condition that the person must not engage in an activity that in Australia normally attracts remuneration, being an activity unrelated to the training in respect of which the entry permit was granted, without the written permission of the Secretary; and (q) in the case of an occupational trainee entry permit granted to a person who is a dependant of another holder of an entry permit of that kind, the condition that the person must not engage in an activity that in Australia normally attracts remuneration without the written permission of the Secretary;". 1992 No. 51 MIGRATION REGULATIONS (AMENDMENT) - REG 8 8. Regulation 40 (Prescribed change in circumstances-paragraphs 36 (1) (a) and 37 (2) (a) of the Act) 8.1 Paragraph 40 (1) (d): Omit all the words before subparagraph (i), substitute: "(d) the person has become:". 8.2 Paragraph 40 (1) (k): Omit the paragraph, substitute: "(k) the person: (i) was a prohibited non-citizen on or before 18 December 1989; and (ii) was in Australia on, and has not left Australia since, 18 December 1989; and (iii) has not previously applied for a December 1989 (temporary) entry permit or a December 1989 (permanent) entry permit; and (iv) lodges an application for a December 1989 (temporary) entry permit or a December 1989 (permanent) entry permit and pays the fee in respect of the entry permit;". 1992 No. 51 MIGRATION REGULATIONS (AMENDMENT) - REG 9 9. Regulation 42 (Prescribed criteria-entry permits) 9.1 Subregulation 42 (2): After "34B,", insert "34D, 34E, 34F,". 9.2 Subregulation 42 (2): Omit "to 72A (inclusive)", substitute "to 72F (inclusive)". 9.3 Subregulation 42 (2): Omit "90", substitute "85 to 90 (inclusive)". 1992 No. 51 MIGRATION REGULATIONS (AMENDMENT) - REG 10 10. Regulation 48A (Business skills visa) 10.1 Subregulation 48A (3): Omit the subregulation. 1992 No. 51 MIGRATION REGULATIONS (AMENDMENT) - REG 11 11. Regulation 51 (Employer nomination visa) 11.1 After paragraph 51 (d), insert: "(da) in the case of an application that is made outside Australia: (i) when the application is made, not more than 3 months (or such greater period as is specified in a particular case under subregulation (2)) have elapsed since the appointment was approved; and (ii) when the application is decided, not more than 12 months (or such greater period as is specified in a particular case under subregulation (2)) have elapsed since the appointment was approved; and". 11.2 Add at the end: "(2) For the purposes of subparagraph (1) (da) (i) or (ii), the Minister may specify a greater period than the period specified in that subparagraph if the Minister is satisfied: (a) on written application by the applicant for the visa, that there are exceptional circumstances affecting that applicant: or (b) on written application by the employer, that, if the applicant for the visa were to take up the approved appointment, any 2 of the following results would occur: (i) expansion of Australian business and export activity: (ii) generation of employment in Australia; (iii) introduction and transfer to Australia of new skills and technology; (iv) improvement of employment and training opportunities for Australians.". 1992 No. 51 MIGRATION REGULATIONS (AMENDMENT) - REG 12 12. Regulation 87B (Occupational trainee visa) 12.1 Add at the end: "; and (c) a nomination is lodged before the decision on the application for the visa is made.". 1992 No. 51 MIGRATION REGULATIONS (AMENDMENT) - REG 13 13. Regulation 88 (Business visitor visa) 13.1 Add at the end: "; (c) the period of stay in Australia proposed in the application exceeds 3 months.". 1992 No. 51 MIGRATION REGULATIONS (AMENDMENT) - REG 14 14. New regulation 88A 14.1 After regulation 88, insert: Business visitor (short stay) visa "88A. The additional criteria in relation to a business visitor (short stay) visa are the following criteria: (a) the applicant is applying to travel to Australia for business purposes and does not seek to engage in work that might otherwise be carried out by an Australian citizen or an Australian permanent resident; (b) the period of stay in Australia proposed in the application does not exceed 3 months; (c) the applicant satisfies the Minister: (i) that the expressed intention of the applicant only to visit Australia is genuine; and (ii) if the risk factor specified in regulation 9a is present in the applicant's case, that, having regard to the applicant's circumstances in the country of usual residence of the applicant, there is very little likelihood that the applicant will remain in Australia after the expiry of any period during which the applicant might be authorised to remain in Australia; (d) if the applicant intends to visit the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands-the Administrator of the Territory has confirmed that arrangements for the accommodation of the applicant during the visit have been made, being arrangements acceptable to the Administrator.". 1992 No. 51 MIGRATION REGULATIONS (AMENDMENT) - REG 15 15. Regulation 89 (Close family visitor visa) 15.1 Add at the end: "; (c) the period of stay in Australia proposed in the application exceeds 3 months.". 1992 No. 51 MIGRATION REGULATIONS (AMENDMENT) - REG 16 16. New regulation 89A 16.1 After regulation 89, insert: Close family visitor (short stay) visa "89A. The additional criteria in relation to a close family visitor (short stay) visa are the following criteria: (a) the applicant is the parent, spouse, child, brother or sister of an Australian citizen or an Australian permanent resident; (b) the period of stay in Australia proposed in the application does not exceed 3 months; (c) the applicant satisfies the Minister: (i) that the expressed intention of the applicant only to visit Australia is genuine; and (ii) if the risk factor specified in regulation 9A is present in the applicant's case, that, having regard to the applicant's circumstances in the country of usual residence of the applicant, there is very little likelihood that the applicant will remain in Australia after the expiry of any period during which the applicant might be authorised to remain in Australia; (d) if the applicant intends to visit the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands-the Administrator of the Territory has confirmed that arrangements for the accommodation of the visitor during the visit have been made, being arrangements acceptable to the Administrator.". 1992 No. 51 MIGRATION REGULATIONS (AMENDMENT) - REG 17 17. Regulation 90 (Medical treatment visa) 17.1 Sub-subparagraph 90 (1) (a) (iv) (a): Omit "a Western", substitute "the Western". 17.2 Subregulation 90 (1): Add at the end: "; (e) the period of stay in Australia proposed in the application exceeds 3 months.". 1992 No. 51 MIGRATION REGULATIONS (AMENDMENT) - REG 18 18. New regulation 90A 18.1 After regulation 90, insert: Medical treatment (short stay) visa "90A. (1) The additional criteria in relation to a medical treatment (short stay) visa are the following criteria: (a) the applicant is: (i) a person who is applying to travel to Australia to obtain medical treatment (other than treatment for the purposes of surrogate motherhood) in Australia for which arrangements have already been made; or (ii) a person who seeks to travel to Australia in order to donate an organ for the purposes of an organ transplant in Australia for which arrangements have already been made; or (iii) a person who seeks to travel to Australia in order to provide emotional and other support to a person referred to in subparagraph (i) or (ii); or (iv) a citizen of Papua New Guinea who: (A) resides in the Western Province of Papua New Guinea; and (B) is approved by the Queensland Department of Health for medical evacuation to a hospital in Queensland; (b) the period of stay in Australia proposed in the application does not exceed 3 months; (c) in the case of an applicant who is a person referred to in subparagraph (a) (i), the applicant satisfies the Minister: (i) that the applicant does not suffer from a condition which could be a threat to public health in Australia; and (ii) that arrangements have been made to carry out the treatment; and (iii) that arrangements have been made for the payment of all costs related to the treatment and all other expenses of the applicant's stay in Australia, including the expenses of any person accompanying the applicant; and (iv) that, except where evidence is produced that the relevant Government authority has otherwise approved, the payment of those costs will not be a charge on the Commonwealth or a State or Territory or any public authority in Australia; and (v) if the treatment is an organ transplant-that the donor of the relevant organ is accompanying the applicant to Australia or that all arrangements necessary for the transplantation have been made in Australia; (d) in the case of an applicant who is a person referred to in subparagraph (a) (ii), the applicant satisfies the Minister that: (i) if the intended recipient of the organ is a person referred to in subparagraph (a) (i), the recipient meets the requirements of paragraph (c); and (ii) the applicant is free from: (A) tuberculosis or any other communicable disease of a fatal or serious nature which, in the opinion of a Commonwealth medical officer, is a threat to public health in Australia, and is not suspected of having contracted such a disease; and (B) any other disease or condition that, in the opinion of a Commonwealth medical officer, would be a danger to members of the Australian community; and (C) any disease or condition (other than a disease or condition normally related to the organ transplant for which the applicant is coming to Australia) that, during the applicant's stay in Australia, would, in the opinion of a Commonwealth medical officer: (i) require care or treatment (or both) involving the use of community resources in short supply; or (ii) result in the applicant becoming a significant charge on public funds; and (iii) arrangements have been made for the payment of all costs related to the organ transplant and all other expenses of the applicant's stay in Australia including the expenses of any person accompanying the applicant; and (iv) except where evidence is produced that the relevant government authority has otherwise approved, the payment of those costs will not be a charge on the Commonwealth or a State or Territory or any public authority in Australia; and (e) in the case of an applicant who is a person referred to in subparagraph (a) (iii), the applicant satisfies the Minister that: (i) the person to whom the applicant is to provide support meets the requirements of paragraph (c) or (d), as the case requires; and (ii) the applicant meets the criterion specified in item 9 of Schedule 1; and (iii) arrangements have been made for the payment of all expenses related to procedures to be undergone by the person to whom the applicant seeks to provide the support referred to in subparagraph (a) (iii), including the expenses of the applicant's stay in Australia; and (iv) except where evidence is produced that the relevant government authority has otherwise approved, the payment of those expenses will not be a charge on the Commonwealth or a State or Territory or any public authority in Australia; (f) the Minister is satisfied that there would be no disadvantage to any Australian citizen or Australian permanent resident in respect of obtaining medical treatment if the visa was granted; (g) if the applicant intends to visit the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands-the Administrator of the Territory has confirmed that arrangements for thr accommodation of the applicant during the visit have been made, being arrangements acceptable to the Administrator. "(2) In this regulation, a reference to medical treatment includes a reference to medical consultation.". 1992 No. 51 MIGRATION REGULATIONS (AMENDMENT) - REG 19 19. Regulation 91 (Tourist visa) 19.1 After paragraph 91 (a), insert: "(aa) the period of stay in Australia proposed in the application exceeds 3 months;". 1992 No. 51 MIGRATION REGULATIONS (AMENDMENT) - REG 20 20. New regulation 91A 20.1 After regulation 91, insert: Tourist (short stay) visa "91A. The additional criteria in relation to a tourist (short stay) visa are the following criteria: (a) the applicant applies to visit Australia as a tourist; (b) the applicant does not satisfy the prescribed criteria in relation to a business visitor visa or a visitor (other) visa; (c) the period of stay in Australia proposed in the application does not exceed 3 months; (d) the applicant satisfies the Minister: (i) that the expressed intention of the applicant only to visit Australia is genuine; and (ii) if the risk factor specified in regulation 9A is present in the applicant's case, that, having regard to the applicant's circumstances in country of usual residence of the applicant, there is very little likelihood that the applicant will remain in Australia after the expiry of any period during which the applicant might be authorised to remain in Australia; (e) if the applicant intends to visit the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands-the Administrator of the Territory has confirmed that arrangements for the accommodation of the applicant during the visit have been made, being arrangements acceptable to the Administrator.". 1992 No. 51 MIGRATION REGULATIONS (AMENDMENT) - REG 21 21. Regulation 93 (Visitor (other) visa) 21.1 Add at the end: "; (c) the period of stay in Australia proposed in the application exceeds 3 months;". 1992 No. 51 MIGRATION REGULATIONS (AMENDMENT) - REG 22 22. New regulation 93A 22.1 After regulation 93, insert: Visitor (other) (short stay) visa "93A. The additional criteria in relation to a visitor (other) (short stay) visa are: (a) any one of the following criteria: (i) the applicant is not the parent of a student or trainee studying in Australia and seeks to travel to Australia to visit: (A) a person who is engaged to be married to the applicant; or (B) a relative of the applicant who is both: (I) an Australian citizen or an Australian permanent resident; and (II) a spouse, child, parent, brother or sister of the applicant; or (ii) the applicant, being the parent or legal guardian of an overseas student who: (A) has not turned 18 and is studying in Australia; or (B) is attending a secondary school in Australia; or both, is applying to travel to Australia to visit that student at a time when neither the other parent nor (if a different person) the spouse of the applicant is in Australia; or (iii) the applicant, being under 18: (A) is travelling with an organised group; and (B) is not accompanied by a parent or guardian; and (C) produces the written consent of a parent or guardian to the applicant's proposed visit to Australia; or (iv) the applicant, having previously been temporarily in Australia, establishes that a further visit to Australia is necessary in connection with legal proceedings in Australia; and (b) the period of stay in Australia proposed in the application does not exceed 3 months; (c) the applicant satisfies the Minister: (i) that the expressed intention of the applicant only to visit Australia is genuine; and (ii) if the risk factor specified in regulation 9A is present in the applicant's case, that, having regard to the applicant's circumstances in the country of usual residence of the applicant, there is very little likelihood that the applicant will remain in Australia after the expiry of any period during which the applicant might be authorised to remain in Australia; (d) if the applicant intends to visit the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands-the Administrator of the Territory has confirmed that arrangements for the accommodation of the applicant during the visit have been made, being arrangements acceptable to the Administrator.". 1992 No. 51 MIGRATION REGULATIONS (AMENDMENT) - REG 23 23. Regulation 98B (Student (category A) visa) 23.1 Subparagraph 98B (1) (a) (iv): Omit the subparagraph, substitute: "(iv) as a student under a scholarship scheme or training program approved by AIDAB; or". 23.2 Subregulation 98B (2): Add at the end: "; and (e) if: (i) the applicant is a member of the family unit of a person (in this paragraph called 'the holder') who: (A) is the holder of a student (category A) visa or entry permit; and (B) applied for the visa or entry permit on or after 1 March 1992; and (C) did not hold a student (category A) visa or entry permit granted before 1 March 1992; and (D) did not commence before 1 March 1992 the course of study to which the visa or entry permit referred to in subsubparagraph (a) relates; and (ii) the applicant: (A) is a school-age dependant of the holder; and (B) will be in the care, custody and control of the holder after entry to Australia; and (iii) the period of stay in Australia proposed in the application exceeds 3 months; the applicant produces to the Minister evidence that adequate arrangements have been made for the education of the applicant in Australia.". 1992 No. 51 MIGRATION REGULATIONS (AMENDMENT) - REG 24 24. Regulation 98C (Conditions-student (category A) visa) 24.1 Paragraph 98C (4) (b): Omit the paragraph, substitute: "(b) the terminating condition that, if the holder of a student (category A) visa to whom the additional criteria specified in subregulation 98B apply: (i) applied on or after 1 March 1992 for a visa or entry permit of that kind; and (ii) at the time of application did not hold a visa or entry permit of that kind that was granted before 1 March 1992; and (iii) did not commence before 1 March 1992 the course of study to which the visa or entry permit referred to in subparagraph (i) relates; the holder will maintain adequate arrangements for the education in Australia of any school-age dependant referred to in subparagraph 98B (2) (e) (ii); and (c) the terminating condition that, if the holder of a student (category A) visa is a school-age dependant of a holder of a visa or entry permit of the same kind to whom: (i) the additional criteria specified in subregulation 98B (1) apply; and (ii) the terminating condition specified in paragraph (b) applies; adequate arrangements for the education of that school-age dependant in Australia are maintained; and (d) the condition referred to in paragraph 23 (4) (a) of the Act.". 1992 No. 51 MIGRATION REGULATIONS (AMENDMENT) - REG 25 25. Regulation 98D (Student (category B) visa) 25.1 After paragraph 98D (3) (a), insert: "(b) if: (i) the applicant is a member of the family unit of a person (in this paragraph called the holder ) who: (A) is the holder of a student (category B) visa or entry permit; and (B) applied for the visa or entry permit on or after 1 March 1992; and (C) did not hold a student (category B) visa or entry permit granted before 1 March 1992; and (D) did not commence before 1 March 1992 the course of study to which the visa or entry permit referred to in subsubparagraph (a) relates; and (ii) the applicant: (A) is a school-age dependant of the holder; and (B) will be in the care, custody and control of the holder after entry to Australia; and (iii) the period of stay in Australia proposed in the application exceeds 3 months; the applicant produces to the Minister evidence that adequate arrangements have been made for the education of the applicant in Australia; and". 1992 No. 51 MIGRATION REGULATIONS (AMENDMENT) - REG 26 26. Regulation 98E (Conditions-student (category B) visa) 26.1 Paragraph 98E (6) (b): Omit the paragraph, substitute: "(b) the terminating condition that, if the holder of a student (category B) visa permit to whom the additional criteria specified in subregulation 98D (1) apply: (i) applied on or after 1 March 1992 for a visa or entry permit of that kind; and (ii) at the time of application did not hold a visa or entry permit of that kind that was granted before 1 March 1992; and (iii) did not commence before 1 March 1992 the course of study to which the visa or entry permit referred to in subparagraph (i) relates; the holder will maintain adequate arrangements for the education in Australia of any school-age dependant referred to in subparagraph 98D (3) (b) (ii); and (c) the terminating condition that, if the holder of a student (category B) visa is a school-age dependant of a holder of a visa or entry permit of the same kind to whom: (i) the additional criteria specified in subregulation 98D (1) apply; and (ii) the terminating condition specified in paragraph (b) applies; adequate arrangements for the education of that school-age dependant in Australia are maintained; and (d) the condition referred to in paragraph 23 (4) (a) of the Act.". 1992 No. 51 MIGRATION REGULATIONS (AMENDMENT) - REG 27 27. Regulation 99 (Division to cease to have effect) 27.1 Omit the regulation. 1992 No. 51 MIGRATION REGULATIONS (AMENDMENT) - REG 28 28. New regulations 107D, 107E and 107F 28.1 After regulation 107C, insert: East Timorese in Portugal (special assistance) visa "107D. The following criteria are prescribed in relation to an East Timorese in Portugal (special assistance) visa: (a) the applicant was born in East Timor; (b) the Minister is satisfied that the usual place of residence of the applicant in 1975 was East Timor; (c) the applicant was living in Portugal on 30 April 1991 and lived continuously in Portugal from that date to the time of application; (d) the Minister is satisfied that, at the time of application, the applicant has better prospects of adapting to Australian society than to Portuguese society; (e) the applicant: (i) has a parent, daughter, son, brother, sister, aunt, uncle, nephew or niece who: (A) was an Australian citizen or a permanent resident of Australia on 1 January 1992; and (B) continues to be an Australian citizen or permanent resident; and (C) is usually resident in Australia; and (ii) has produced a written offer of support from an organisation that is accepted by the Minister as representing the East Timorese community in Australia; (f) an organisation referred to in subparagraph (e) (ii) gives to the applicant a written undertaking addressed to the Minister that specifies assistance: (i) that the organisation will provide to the applicant after his or her entry to Australia; and (ii) that is acceptable to the Minister, having regard to the needs of the applicant in the period of 12 months following entry to Australia; with regard to the following matters: (iii) food, clothing, accomodation and household goods; (iv) personal support; (v) access to community and public services; (vi) obtaining employment; (vii) language interpretation and securing English language instruction; (viii) community involvement and self-reliance; (ix) reimbursing the Commonwealth for its costs in providing accommodation services to the applicant; (x) in the case of an applicant to whom subparagraph (ix) applies-reporting to the Department on progress in the settlement of the applicant; (g) the Minister is satisfied that: (i) permanent settlement in Australia is the appropriate course for the applicant; and (ii) permanent settlement of the applicant in Australia would not be contrary to the interests of Australia; (h) the Minister is satisfied that there are compelling reasons for giving special consideration to granting the applicant a visa. Croatians, Slovenians and Yugoslavs-displaced persons (special assistance) visa "107E. The following criteria are prescribed in relation to a Croatians, Slovenians and Yugoslavs-displaced persons (special assistance) visa: (a) the applicant is a citizen of the Federal Republic of Yugoslavia, the Republic of Croatia or the Republic of Slovenia; (b) the applicant is usually resident in the Federal Republic of Yugoslavia, the Republic of Croatia or the Republic of Slovenia; (c) the applicant is registered as a displaced person by the United Nations High Commissioner for Refugees, the International Committee of the Red Cross or an organisation that is accepted by the Minister: (i) as an affiliate of that Committee; or (ii) as having similar objectives and functions as the Committee or a body referred to in subparagraph (i) in relation to conflict in Croatia, Slovenia or Yugoslavia; (d) the applicant has a parent, daughter, son, brother, sister, aunt, uncle, nephew or niece (in this paragraph called 'near relative') who: (i) was an Australian citizen or a permanent resident of Australia on 1 January 1992; and (ii) continues to be an Australian citizen or permanent resident; and (iii) is usually resident in Australia; and (iv) gives to the applicant a written undertaking addressed to the Minister that specifies assistance: (A) that the near relative will provide to the applicant after his or her entry to Australia; and (B) that is acceptable to the Minister, having regard to the needs of the applicant in the period of 12 months following entry to Australia; with regard to the following matters: (C) food, clothing, accomodation and household goods; (D) personal support; (E) access to community and public services; (F) obtaining employment; (G) language interpretation and securing English language instruction; (H) community involvement and self-reliance; (e) the Minister is satisfied that the applicant has a well-founded fear of substantial discrimination because of his or her ancestry or ethnic or religious affiliation; (f) the Minister is satisfied that the applicant is unable to resume living in his or her former home; (g) the Minister is satisfied that: (i) permanent settlement in Australia is the only appropriate course for the applicant; and (ii) permanent settlement of the applicant in Australia would not be contrary to the interests of Australia; (h) the Minister is satisfied that there are compelling reasons for giving special consideration to granting the applicant a visa or a permanent entry permit. Minorities of former USSR (special assistance) visa "107F. The following criteria are prescribed in relation to a minorities of former USSR (special assistance) visa: (a) the applicant was a citizen of the former Union of Soviet Socialist Republics; (b) the applicant is usually resident in the former Union of Soviet Socialist Republics; (c) the applicant has a parent, daughter, son, brother, sister, aunt, uncle, nephew or niece who: (i) was an Australian citizen or a permanent resident of Australia on 1 January 1992; and (ii) continues to be an Australian citizen or permanent resident; and (iii) is usually resident in Australia; (d) the Minister is satisfied that the applicant has suffered substantial discrimination or severe distress because of his or her ancestry or religious affiliation; (e) the Federation of Australian Jewish Welfare Societies or an organisation that is accepted by the Minister as representing the Molokan community in Australia undertakes in writing to the Minister that it supports the application; (f) a body referred to in paragraph (e) gives to the applicant a written undertaking addressed to the Minister that specifies assistance: (i) that the body will provide to the applicant after his or her entry to Australia; and (ii) that is acceptable to the Minister, having regard to the needs of the applicant in the period of 6 months following to Australia; with regard to the following matters: (iii) food, clothing, accomodation and household goods; (iv) personal support; (v) access to community and public services; (vi) obtaining employment; (vii) language interpretation and securing English language instruction; (viii) community involvement and self-reliance; (ix) reimbursing the Commonwealth for its costs in providing accommodation services to the applicant; (x) in the case of an applicant to whom subparagraph (ix) applies-reporting to the Department on progress in the settlement of the applicant; (g) the Minister is satisfied that: (i) permanent settlement in Australia is the only appropriate course for the applicant; and (ii) permanent settlement of the applicant in Australia would not be contrary to the interests of Australia; (h) the Minister is satisfied that there are compelling reasons for giving special consideration to granting the applicant a visa or a permanent entry permit.". 1992 No. 51 MIGRATION REGULATIONS (AMENDMENT) - REG 29 29. Regulation 108 (Grant of visa or entry permit to family unit members) 29.1 Paragraph 108 (2) (e): Omit "granted; and", substitute "granted.". 1992 No. 51 MIGRATION REGULATIONS (AMENDMENT) - REG 30 30. Regulation 120 (Grant of temporary entry permit to holder of visitor visa, visitor entry permit or prescribed temporary entry permit) 30.1 After "domestic worker (diplomatic or consular) entry permit", insert ", a short stay visitor entry permit". 1992 No. 51 MIGRATION REGULATIONS (AMENDMENT) - REG 31 31. New regulation 120A 31.1 After regulation 120, insert: Grant of further short stay visitor entry permit to holder of short stay visitor visa or entry permit "120A. (1) The following criteria are prescribed in relation to a short stay visitor entry permit, if the applicant for the entry permit is the holder of a short stay visitor visa or short stay visitor entry permit (in this regulation called 'existing visa or entry permit'): (a) the applicant has complied substantially with any conditions to which the existing visa or entry permit is subject; (b) the existing visa or entry permit was not granted subject to a condition that the holder would not, after entry to Australia, be entitled to be granted: (i) in the case of a visa-an entry permit; or (ii) in the case of an entry permit-a further entry permit; while the holder is in Australia; (c) the applicant satisfies prescribed public interest criteria that are relevant; (d) except in the case of an applicant for a medical treatment (short stay) entry permit, the applicant satisfies the prescribed health criterion specified in item 9 in Schedule 1; (e) the Minister is satisfied that the applicant will comply with any conditions subject to which that entry permit is granted; (f) the applicant, being an applicant for a short stay visitor entry permit (other than a medical treatment (short stay) entry permit): (i) establishes that there are compelling personal reasons for seeking to extend the applicant's stay in Australia; or (ii) establishes that a further period of stay in Australia is necessary in connection with legal proceedings; or (iii) is applying to extend the applicant's stay in Australia for the purposes of tourism; or (iv) establishes that a further period of stay in Australia is necessary to complete business negotiations or arrangements, that the proposed visit to Australia is a genuine visit and that the applicant has adequate financial support for the proposed period of stay during that visit; (g) the applicant satisfies the prescribed criteria in relation the short stay visitor visa to which the entry permit is equivalent; (h) the grant of the entry permit would not result in the applicant being authorised to stay in Australia for more than 3 consecutive months as the holder of 1 or more short stay visitor entry permits.". 1992 No. 51 MIGRATION REGULATIONS (AMENDMENT) - REG 32 32. Regulation 121 (Grant of temporary entry permits to holders of working holiday visas or entry permits or of prescribed temporary entry permits) 32.1 Subregulation 121 (2): After "domestic worker (diplomatic or consular) entry permit", insert "or short stay visitor entry permit". 1992 No. 51 MIGRATION REGULATIONS (AMENDMENT) - REG 33 33. Regulation 122 (Grant of temporary entry permits to holders of certain student visas or entry permits, or of prescribed temporary entry permits) 33.1 Subregulation 122 (1) (definition of "relevant entry permit"): Add at the end: "; or (d) a short stay visitor entry permit.". 1992 No. 51 MIGRATION REGULATIONS (AMENDMENT) - REG 34 34. Regulation 125 (Prescribed criteria for grant of temporary entry permits to lawful temporary residents or holders of prescribed temporary entry permits) 34.1 Subregulation 125 (1) (definition of "specified temporary entry permit"): After "domestic worker (diplomatic or consular) entry permit", insert "or short stay visitor entry permit". 34.2 Paragraph 125 (2) (g): Omit the paragraph. 1992 No. 51 MIGRATION REGULATIONS (AMENDMENT) - REG 35 35. Regulation 144 (Waiver of health criteria) 35.1 Paragraph 144 (1) (b): Omit the paragraph. 35.2 Paragraph 144 (1) (i): Omit the paragraph, insert: "(i) global special humanitarian program;" 1992 No. 51 MIGRATION REGULATIONS (AMENDMENT) - REG 36 36. Regulation 145 (Prescribed qualifications and prescribed number of points) 36.1 Paragraph 145 (1) (b): Omit "entry", substitute "entrant". 1992 No. 51 MIGRATION REGULATIONS (AMENDMENT) - REG 37 37. Regulation 146 (Qualifications-suitability for employment) 37.1 Sub-subparagraph 146 (1) (a) (iii) (B): Omit "(a) (i) (D)", substitute "(i) (D)". 37.2 Sub-subparagraph 146 (1) (k) (ii) (B): Omit "assessed by the relevant Australian authority to be". 37.3 Subregulation 146 (2A): Omit "this regulation", substitute "paragraph (1) (k)". 37.4 Subregulation 146 (2A): After "is assessed by the relevant Australian authority to be of", insert "at least". 1992 No. 51 MIGRATION REGULATIONS (AMENDMENT) - REG 38 38. New regulation 183AA 38.1 After regulation 183, insert: Payment of fees in foreign currencies "183AA. (1) Payment in a foreign country of a fee payable under these Regulations may be made: (a) by payment of the amount of that fee in Australian currency; or (b) by payment of the corresponding amount, ascertained from Schedule 8A, in the currency of a country in which the fee is paid, being a country specified in that Schedule; or (c) if the fee is payable by or on behalf of a citizen of that foreign country (not being a country specified in that Schedule), by payment of the corresponding amount, ascertained in accordance with subregulation (2), in the currency of the foreign country. "(2) Subject to subregulation (3), for the purposes of paragraph (1) (c), the corresponding amount in the currency of the foreign country is the amount calculated using the formula: AUD x CER x 1.05 where: AUD means the amount of the fee in Australian dollars; CER means the highest exchange rate that is lawfully obtainable on a commercial basis for the purchase in the foreign country of Australian currency with the currency of the foreign country in a period that: (a) begins: (i) on the day when this regulation commences; or (ii) on any subsequent day when that rate increases or decreases by at least 5%; and (b) ends at the end of each day before another period begins. "(3) An amount calculated using the formula in subregulation (2) is to be rounded up to the nearest amount that is a multiple of banknotes in the currency of the foreign country.". 1992 No. 51 MIGRATION REGULATIONS (AMENDMENT) - REG 39 39. Regulation 185 (Fee on application for temporary entry permits granted only in Australia) 39.1 Paragraph 185 (2) (a): Omit the paragraph, substitute: "(a) in the case of an application by an applicant referred to in paragraph 120 (e) or (fa) who holds a short stay visitor entry permit a fee of $200; or". 39.2 After subregulation 185 (2), insert: "(2A) A fee of $100 is payable on an application to which regulation 120A applies.". 1992 No. 51 MIGRATION REGULATIONS (AMENDMENT) - REG 40 40. Regulation 194 (Refund of fees) 40.1 Add at the end: "(4) The amount of a refund to which a person is entitled in respect of a fee paid in the currency of a particular country may be paid to the person in that currency.". 1992 No. 51 MIGRATION REGULATIONS (AMENDMENT) - REG 41 41. Regulation 204 (Fees-certain visitor visas) 41.1 Omit the regulation, substitute: Fees-certain visitor visas "204. (1) Subject to subregulation (2), no fee is payable on application for a short stay visitor visa. "(2) A fee of $30 is payable on application for a short stay visitor visa if the application is in respect of a visa that would: (a) be valid for whichever is the lesser of: (i) a period of 4 years; or (ii) the remaining period of validity of the applicant's passport; and (b) entitle the applicant to enter Australia more than once. "(3) A fee of $30 is payable on application for: (a) a business visitor visa; or (b) a close family visitor visa; or (c) a medical treatment visa; or (d) a tourist visa; or (e) a visitor (other) visa.". 1992 No. 51 MIGRATION REGULATIONS (AMENDMENT) - REG 42 42. Schedule 2 (Classes of visas, prescribed criteria and code numbers) 42.1 Part 1, item 45: Omit the item, substitute: "45 Business visitor (a) the criteria specified in regulation 88 (b) B1, D, H, J, K 682". 42.2 Part 1, item 46: Omit the item, substitute: "46 Close family visitor (a) the criteria specified in regulation 89 (b) B1, D, H, J, K 683". 42.3 Part 1, item 47: Omit the item, substitute: "47 Medical treatment (a) the criteria specified in regulation 90 (b) B1, D, J, K 685". 42.4 Part 1, item 48: Omit the item, substitute: "48 Tourist (a) the criteria specified in regulation 91 (b) B1, D, H, J, K 680". 42.5 Part 1, item 50: Omit the item, substitute: "50 Visitor (other) (a) the criteria specified in regulation 93 (b) B1, D, H, J, K 684". 42.6 Part 1: Add at the end: "64 Business visitor (short stay) (a) the criteria specified in regulation 88A (b) B1, D, H, J, K 672 65 Close family visitor (short stay) (a) the criteria specified in regulation 89A (b) B1, D, H, J, K 673 66 Medical treatment (short stay) (a) the criteria specified in regulation 90A (b) B1, D, J, K 675 67 Tourist (short stay) (a) the criteria specified in regulation 91A (b) B1, D, H, J, K 670 68 Visitor (other) (short stay) (a) the criteria specified in regulation 93A (b) B1, D, H, J, K 674". 42.7 Part 2: Add at the end: "9 East Timorese in Portugal (special assistance) (a) the criteria specified in regulation 107D (b) A, D, E, H1 208 10 Croatians, Slovenians and Yugoslavs-displaced persons (special assistance) (a) the criteria specified in regulation 107E (b) A, D, E, H1 209 11 Minorities of former USSR (special assistance) (a) the criteria specified in regulation 107F (b) A, D, E, H1 210". 1992 No. 51 MIGRATION REGULATIONS (AMENDMENT) - REG 43 43. Schedule 3 (Classes of entry permits) 43.1 After item 34C, insert in Class 1: "34D East Timorese in Portugal (special assistance) 208 34E Croatians, Slovenians and Yugoslavs-displaced persons (special assistance) 209 34F Minorities of former USSR (special assistance) 210". 43.2 Omit item 67, substitute: "67 Tourist 680 67A Tourist (short stay) 670". 43.3 Omit item 69, substitute: "69 Close family visitor 683 69A Close family visitor (short stay) 673". 43.4 Omit item 70, substitute: "70 Visitor (other) 684 70A Visitor (other) (short stay) 674". 43.5 Omit item 72, substitute: "72 Business visitor 682 72AA Business visitor (short stay) 672". 43.6 Omit item 72A, substitute: "72A Medical treatment 685 "72B Medical treatment (short stay) 675". 1992 No. 51 MIGRATION REGULATIONS (AMENDMENT) - REG 44 44. Schedule 5 (Mandatory conditions for grant of visas and entry permits) 44.1 Omit item 1, substitute: "1 14, 16 to 28 (inclusive), 30 to 38 (inclusive), 45 to 50 (inclusive), 58, 59, 60, 64, 65, 66, 67 and 68, transit visa referred to in regulation 110, evacuation entry permit, domestic protection (temporary) visa or entry permit, special equivalent (temporary) visa or entry permit conditions referred to in paragraphs 23 (4) (a) and 33 (4) (a) of the Act respectively". 44.2 Omit item 3, substitute: "3 20, 23, 32, 46 to 50 (inclusive), 64, 65, 66, 67 and 68, transit visa referred to in regulation 110 holder not to perform any work without permission in writing of Secretary". 44.3 Omit item 9, substitute: "9 45 to 50 (inclusive), 64, 65, 66, 67 and 68, transit visa referred to in regulation 110 holder not to undertake formal studies". 44.4 Add at the end: "17 60 condition referred to in paragraph 17 (1) (r) or 28 (1) (p), as the case requires". 1992 No. 51 MIGRATION REGULATIONS (AMENDMENT) - REG 45 45. Schedule 8 (Fees) 45.1 Part 1: Add at the end: "88 East Timorese in Portugal (special assistance) visa - 89 Croatians, Slovenians and Yugoslavs-displaced persons (special assistance) visa - 90 Minorities of former USSR(special assistance) visa -". 45.2 Part 1: Add at the end: "92 Business (short stay) visa the fee ascertained under regulation 204 93 Close family visitor (short stay) visa the fee ascertained under regulation 204 94 Medical treatment (short stay) visa the fee ascertained under regulation 204 95 Tourist (short stay) visa the fee ascertained under regulation 204 96 Visitor (other) (short stay) visa the fee ascertained under regulation 204". 1992 No. 51 MIGRATION REGULATIONS (AMENDMENT) - REG 46 46. New Schedule 8a 46.1 After Schedule 8, insert: SCHEDULE 8A Subregulation 183AA (1) AMOUNTS OF FEES IN CERTAIN CURRENCIES PART 1 Column 1 Column 2 Column 3 Column 4 Column 5 Column 6 Column 7 Australia Canada France Germany Hong Kong Japan Malaysia Dollar Dollar Franc Deutschmark Dollar Yen Ringgit 1,600 1,425 6,720 1,955 9,825 157,000 3,440 1,450 1,295 6,090 1,770 8,910 142,000 3,075 1,300 1,160 5,460 1,585 7,985 127,000 2,760 1,000 895 4,200 1,220 6,145 98,000 2,125 780 700 3,280 950 4,790 77,000 1,655 370 330 1,555 450 2,275 37,000 785 360 325 1,515 440 2,215 36,000 765 300 270 1,260 365 1,845 30,000 640 240 215 1,010 295 1,475 24,000 510 230 205 970 280 1,413 23,000 490 200 180 840 245 1,230 20,000 425 155 140 655 190 955 16,000 330 145 130 610 180 895 15,000 310 130 115 550 160 800 13,000 280 105 95 445 130 645 11,000 225 100 90 420 125 615 10,000 215 60 55 255 75 370 6,000 130 50 45 210 60 310 5,000 110 30 30 130 40 185 3,000 65 5 4 25 6 35 500 15 PART 2 Column 1 Australia Dollar Column 2 Netherlands Guilder Column 3 Philippines Peso Column 4 Singapore Dollar Column 5 Sweden Krona Column 6 Switzerland Franc Column 7 United Kingdom Pound Column 8 of America United States Dollar 1,600 2,260 33,600 2,035 7,235 1,780 690 1,265 1,450 2,040 30,450 1,845 6,550 1,615 625 1,145 1,300 1,830 27,300 1,655 5,870 1,450 560 1,025 1,000 1,410 21,000 1,275 4,515 1,115 430 790 780 1,100 16,380 995 3,525 870 340 615 370 525 7,770 470 1,675 415 160 295 360 510 7,560 460 1,625 405 155 285 300 425 6,300 385 1,355 335 130 240 240 340 5,040 305 1,085 270 105 190 230 325 4,830 295 1,040 260 100 185 200 285 4,200 255 905 225 85 160 155 220 3,260 200 700 175 70 125 145 205 3,050 185 655 165 65 115 130 185 2,730 165 590 145 55 105 105 150 2,210 135 475 120 45 85 100 145 2,100 130 455 115 43 80 60 85 1,260 80 275 70 26 50 50 70 1,050 65 230 60 22 40 30 45 630 40 135 35 15 25 5 10 105 10 25 10 2 5 1992 No. 51 MIGRATION REGULATIONS (AMENDMENT) - REG 47 47. Amendment of Statutory Rules 1991 No. 349 47.1 Regulation 4 of Statutory Rules 1991 No. 349 is amended by omitting "6 March 1992" and substituting "30 November 1992". - NOTES 1992 No. 51*1* MIGRATION REGULATIONS*2* (AMENDMENT) *1*Notified in the Commonwealth of Australia Gazette 28 February 1992. *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 Nos. 2, 8, 18, 25, 43, 60, 88, 201, 226, 229, 230, 243, 285, 295, 342, 349, 418, 481 and 484; 1992 No. 22.