Docstoc

Migration

Document Sample
Migration Powered By Docstoc
					                               Statutory Rules 1992 No. 961
                                    __________________


           Migration Regulations 2 (Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia,
acting with the advice of the Federal Executive Council, make the
following Regulations under the Migration Act 1958.

         Dated 7 April 1992.

                                                               BILL HAYDEN
                                                              Governor-General
         By His Excellency’s Command,


                                    GERRY HAND
                 Minister of State for Immigration, Local Government
                                   and Ethnic Affairs
                                     ____________

1. Amendment
1.1 The Migration Regulations are amended as set out in these
Regulations.

[NOTE: These Regulations commence on gazettal: see Acts Interpretation Act 1901,
s. 48]




92R103.DOC, 3/5/10, 16:41 PM
2                        Migration     1992 No. 96

2. Regulation 2 (Interpretation)
2.1 Subregulation 2 (1):
Insert the following definition:
“‘aged parent’ means a parent who is old enough to be granted an age
pension under the Social Security Act 1991;”.


3. Regulation 3A (Interpretation—de facto spouse)
3.1 Subregulation 3A (1):
Add at the end:

     “; and
         (c) have both reached the age:
                (i) if neither of the persons has an Australian domicile—
                    of 16 years; or
               (ii) in any other case—of 18 years.”.


4. Regulation 34 (Application for visa or entry permit—person in
custody)
4.1 Subregulation 34 (3):
Omit “centre”, substitute “centre, or in an area nominated by the Minister
under section 54A of the Act,”.


5. New regulation 40A
5.1 After regulation 40, insert in Division 4 of Part 2:

Unprocessed persons—prescribed period
      “40A. (1) For the purposes of paragraph 54D (b) of the Act, the
prescribed period, in relation to an unprocessed person, is the period that
begins on the day on which a notice is given to the person and ends at the
end of the 7th working day after that day.

         “(2) In working out the 7th working day in relation to the person to
whom a notice is given, the day on which the notice is given (whether or
not it is a working day) is to be disregarded.
                        Migration     1992 No. 96                          3

        “(3) In this regulation:
‘notice’ means a notice telling the person to whom it is given what the
prescribed period is for him or her under paragraph 54D (b) of the Act;
‘working day’ means a day that, in the place where a notice is given to a
person, is not a Saturday, a Sunday or a public holiday.”.


6. Regulation 60 (Domestic worker (overseas executive) visa)
6.1 Paragraph 60 (b):
Omit the paragraph, substitute:

       “(b) the applicant:
                (i) if the executive is sponsored by an organisation in
                    Australia—gives satisfactory evidence to the Minister
                    that the applicant is sponsored by the organisation; or
               (ii) in any other case—lodges with the application the
                    documents stated in subregulation (2).”.

6.2 Add at the end:

       “(2) The documents mentioned in subparagraph (1) (b) (ii) are:
        (a) an employment agreement, acceptable to the Minister, with
            that executive for the performance of those duties; and
        (b) an undertaking by that executive to be responsible for:
                (i) all financial liabilities of the applicant arising out of
                    the applicant’s stay in Australia; and
               (ii) compliance by the applicant with:
                       (A) all legislation and awards (including State or
                            Territory legislation and awards) relating to the
                            applicant’s proposed employment; and
                       (B) the conditions under which the applicant is
                            granted an entry permit; and
              (iii) the departure of the applicant from Australia not later
                    than the departure of that executive from Australia.”.


7. Regulation 107D (East Timorese in Portugal (special assistance)
visa)
7.1 Subparagraph 107D (f) (ii):
Omit “12”, substitute “6”.
4                        Migration    1992 No. 96

8. Regulation 107E (Croatians, Slovenians and Yugoslavs—displaced
persons (special assistance) visa)
8.1 Sub-subparagraph 107E (d) (iv) (B):
Omit “12”, substitute “6”.

8.2 Sub-subparagraph 107E (d) (iv) (C):
Omit “accomodation”, substitute “accommodation”.

8.3 Paragraph 107E (h):
Omit “visa or a permanent entry permit.”, substitute “visa.”.


9. Regulation 107F (Minorities of former USSR (special assistance)
visa)
9.1 Subparagraph 107F (f) (ii):
After “following”, insert “entry”.

9.2 Paragraph 107F (h):
Omit “visa or a permanent entry permit.”, substitute “visa.”.


10. Regulation 135 (Spouse (after entry) entry permit)
10.1 Subparagraph 135 (1) (a) (iii):
Omit “made;”, substitute “made, unless the decision is to refuse the entry
permit;”.


11. Regulation 201 (Fee on application for entertainment visa)
11.1 After paragraph 201 (b), insert:

      “(ba) if the applicant is sponsored to enter Australia for the purpose
            of performing at:
                 (i) the Adelaide Festival; or
                (ii) the Brisbane Biennial Festival; or
               (iii) the Melbourne International Festival; or
               (iv) the Festival of Perth; or
                (v) the Festival of Sydney; or
               (vi) a festival approved by the Secretary for the purposes
                     of this regulation;
            no fee; or
                                     Migration             1992 No. 96                                                  5

        (bb) if the applicant is sponsored to enter Australia by an
             organisation that is:
                 (i) funded, wholly or in part, by the Commonwealth; and
                (ii) approved by the Secretary for the purposes of this
                     regulation;
             no fee; or”.


12. Regulation 205 (Waiver of fee for visitor visa in certain
circumstances)
12.1 After “visa”, insert “by an applicant who applies to enter Australia as
a representative of a foreign government”.


13 Schedule 5 (Mandatory conditions for grant of visas and entry
permits)
13.1 Item 5:
Omit the item.


14. Schedule 6 (Forms)
14.1 Form 4:
Omit the form, substitute:

                                                   “FORM 4                                              Regulation 182


                               COMMONWEALTH OF AUSTRALIA

                                             Migration Act 1958

      DOCUMENT ISSUED IN ACCORDANCE WITH ANNEX 9 OF THE ICAO
           CONVENTION ON INTERNATIONAL CIVIL AVIATION

This document is issued by the Australian Government under subsection 114 (2) of the
Migration Act 1958 of the Commonwealth of Australia.

TO:   Immigration or appropriate authority:....................................................................
      Airport:................................ Country:..............................................................

                                                                                                               Attach
                                                                                                          photograph
                                                                                                        (if available)
6                                            Migration               1992 No. 96

The person to whom this document is issued is claiming the following identity:
Surname: ..............................................................................................................................
Given Name(s): .....................................................................................................................
Date of Birth:................................... Place of Birth: .........................................................
Nationality:....................................... Residence:.............................................................
.........................................................................................................................................
This person arrived in Australia on.............................. at.................................... Airport on
flight number................................ from..................................................... Airport.

The person named in this document:
*is being deported from Australia/*was refused entry to Australia
and the incoming carrier has been instructed to remove *him/*her from the territory of this
Country on flight number............................. departing at.................................hours
on...................................................................from..............................................Airport.

At the time of attempting entry to Australia this person was:
* (1) Not in possession of any *travel/*identification documentation.
* (2) In possession of the *photocopied/*attached documentation.
       A brief description of the offending documentation follows -
       * fraudulent/*falsified/*counterfeit
       *passport/*identity card/*other document Number:.............................................
        Country in whose name documentation was issued:..............................................
* (3) The documentation produced has been impounded for return to the appropriate
       authorities of the issuing country.

According to Annex 9 of the ICAO Convention on International Civil Aviation, the last
Country in which a passenger previously stayed and most recently travelled from, is
invited to accept *him/*her for re-examination when *he/*she has been refused admission
to another country.


I,................................................................, a delegate of the Secretary of the Department
of Immigration, Local Government and Ethnic Affairs, issue this document under
subsection 114 (2) of the Migration Act 1958.


Signature and Official Title:
Date:....................................... Airport:.......................................................................... .
Country: Australia
Telephone:....................... Telex:.............................. Facsimile:.................................”

          *delete as appropriate
                          ___________________________________
                             Migration       1992 No. 96                                7

15. Application
15.1 The amendment made by subregulation 7.1 is taken to apply to an
application, whenever lodged, for an East Timorese in Portugal (special
assistance) visa.

15.2 The amendment made by subregulation 8.1 is taken to apply to an
application, whenever lodged, for a Croatians, Slovenians and Yugoslavs—
displaced persons (special assistance) visa.

15.3 The amendment made by subregulation 13.1 is taken to apply to an
application for a visa or entry permit if the application was lodged on or
after 28 February 1992.

____________________________________________________________
                           NOTES

1.   Notified in the Commonwealth of Australia Gazette on 14 April 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 Nos. 22 and 51.

				
DOCUMENT INFO