MIGRATION (REVIEW) (1993) REGULATIONS (AMENDMENT) 1993 NO. 109

MIGRATION (REVIEW) (1993) REGULATIONS (AMENDMENT) 1993 NO. 109

STATUTORY RULES 1993 No. 109

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

Migration Act 1958

Migration (Review) (1993) 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 115 and 116 of the Act enable regulations to be made providing for, inter alia:

-       the types of decisions to be reviewed,

-       the manner and form of applications for such reviews, and

-       the persons who may apply for such reviews.

Details of the Regulations are as follows:

•       regulation 2 amends paragraph 35(2)(b) of the Migration (Review) (1993) Regulations to rectify an error in the paragraph to references to paragraphs 35(3)(b) and (c);

•       regulation 3 amends paragraph 39(2)(b) of the Migration (Review) (1993) Regulations to substitute "posted" for "sent", for consistency with paragraph 39(2)(a); and

•       regulation 4 inserts a new regulation 43A into the Migration (Review) (1993) Regulations for the purposes of paragraph 118(4)(ba) of the Act. Paragraph 118(4)(ba) provides for a review authority, when reviewing a decision, to remit the decision to the decision maker for reconsideration if the matter being reviewed is one prescribed by the Regulations. When remitting the decision for review, the review authority may make such directions or recommendations as are permitted by the Regulations. New regulation 43A, for the purposes of paragraph 118(4)(ba) of the Act, provides that an application for a visa or entry permit is a prescribed matter, and that a permissible direction is that the applicant has satisfied a specified criterion for the visa or entry permit.

The Regulations would commence on gazettal.