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MIGRATION (REVIEW) (1993) REGULATIONS (AMENDMENT) 1994 NO. 10

MIGRATION (REVIEW) (1993) REGULATIONS (AMENDMENT) 1994 NO. 10

EXPLANATORY STATEMENT

STATUTORY RULES 1994 No. 10

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

Subject - 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, not inconsistent with the Act, to prescribe all matters which are required or permitted by the Act to be prescribed, or which are necessary or convenient to be prescribed, for carrying out or giving effect to the Act. In particular, paragraph 181(1)(a) of the Act provides that the regulations may provide for the charging and recovery of fees in respect of any matter under the Act or the Regulations including fees payable in connection with review of decisions made under the Act or the regulations. 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 1 provides for these regulations to commence on 1 March 1994.

-        Regulation 2 provides for the Migration (Review) (1993) Regulations to be amended as set out in these Regulations.

-        Regulation 3 omits subregulation 36(3) of the Migration (Review) (1993) Regulations and substitutes new subregulations 36(3), 36(3A) and 36(3B).

New paragraph 36(3)(a) replicates the provisions of the omitted paragraph 36(3)(a). New paragraph 36(3)(b) replicates the provisions of the omitted paragraph 36(3)(d). The amendments are of a technical nature and have no effect on the substantive operation of the Regulations.

New subregulation 36(3A) provides an additional right of review of a decision to refuse an application for a Class 815 (PRC (permanent)) visa or entry permit, a Class 816 (special (permanent)) visa or entry permit and a Class 818 (highly qualified on-shore (permanent)) visa or entry permit, whether or not the applicant's presence in Australia was lawful when he or she lodged the application for the visa or entry permit.

New subregulation 36(3B) replicates the provisions of the omitted paragraph 36(3)(c). The amendment is of a technical nature and has no effect on the substantive operation of the Regulations.

-       Regulation 4 omits subregulation 43G(1) of the Migration (Review) (1993) Regulations and substitutes a new subregulation 43G(1). In addition, new subregulation 43G(1) replicates the provisions of the omitted subregulation and provides for an application for a new Class 817 (protection (permanent)) visa or entry permit to be prescribed for the purposes of paragraph 166BC(2)(c) of the Act.

-       Regulation 5 inserts new Class 815 (PRC (permanent)) visa and entry permit, new Class 816 (special (permanent)) visa and entry permit and new Class 818 (highly qualified on-shore (permanent)) visa and entry permit as items 7A, 7B and 7C, respectively, in Part 3 of Schedule 1 (Visas and entry permits to which internal review is applicable).

The regulations commence on 1 March 1994.

Details of the Regulations are set out in the attachment.

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