Commonwealth Numbered Regulations

1993 No. 19 MIGRATION (1993) REGULATIONS (AMENDMENT) - REG 19

19.1 After Part 2, insert:
         "PART 2A-DETERMINATION OF REFUGEE STATUS


"Division 1-Refugee status applications Interpretation

"2A.1 (1) In this Part:
'refugee status application' means an application made by a person for a
determination under section 22AA of the Act, made after the commencement of
this Part, that the person is a refugee. Making of applications

"2A.2 (1) A refugee status application must be made in accordance with the
approved form.

"(2) Subject to regulation 2A.3, an application may be lodged at any office of
Immigration in Australia by:

   (a)  posting it to that office; or

   (b)  leaving it with an authorised officer at that office. Applications by
        persons in custody

"2A.3 (1) A refugee status application by a person who is in custody under the
Act must be lodged at an office of Immigration by leaving it with an
authorised officer at that office.

"(2) A person lodging a refugee status application in accordance with
subregulation (1) must, on the day on which the application is lodged, give to
an officer of Immigration appointed by the Secretary to be a custody review
officer in the relevant State or Territory notice in writing specifying:

   (a)  the nature of the application and the name of the person in respect of
        whom it was lodged; and

   (b)  the office at which, and the day on which, it was lodged; and

   (c)  the name of the officer with whom it was lodged.

"(3) For the purposes of subregulation (1), an office occupied by an officer
of Immigration at an airport or a detention centre, or in an area nominated by
the Minister under section 54A of the Act, is to be taken to be an office of
Immigration. Applicant to notify changes in circumstances

"2A.4 (1) An applicant must notify Immigration of a material change in the
applicant's circumstances within 5 working days of the change.

"(2) For the purposes of subregulation (1), material changes in an applicant's
circumstances include (but are not limited to) the following:

   (a)  change of address;

   (b)  changes in personal circumstances, including, in particular, the
        following:

        (i)    marriage;

        (ii)   birth of a child;

        (iii)  grant of a visa or entry permit;

        (iv)   the arrival in Australia of any other family members;

   (c)  preparation to leave Australia, whether permanently or temporarily.

"(3) This regulation has effect despite any other provision of these
Regulations relating to requests by Immigration for information or to the
interviewing of the applicant. Refugee status applications also effective as
applications for domestic protection (temporary) visas

"2A.5 A refugee status application made by a person who has arrived in, but
not entered, Australia also has effect as an application before entry for a
Class 784 (domestic protection (temporary)) visa and entry permit.
Applications to be decided by Minister

"2A.6 (1) The Minister may decide that an applicant should be interviewed
before the refugee status application is decided.

"(2) If the Minister:

   (a)  requests an applicant in custody:

        (i)    to comment on matters adverse to the refugee status
               application; or

        (ii)   to provide further information in support of the application;
the Minister must not decide the application less than 3 working days after
service of the request on the applicant; and

   (b)  requests an applicant who is not in custody:

        (i)    to comment on matters adverse to the refugee status
               application; or

        (ii)   to provide further information in support of the application;
the Minister must not decide the application less than:

        (iii)  in the case of an oral request-5 working days after service of
               the request on the applicant; and

        (iv)   in the case of a written request-15 working days after service
               of the request on the applicant.

"Division 2-Review Interpretation

"2A.7 In this Division, unless the contrary intention appears:
'application for review' means an application to review a decision to refuse a
refugee status application. Right of review

"2A.8 A person whose refugee status application has been refused may apply to
the Minister to review the decision to refuse the application. Applications
for review

"2A.9 An application for review must be:

   (a)  lodged:

        (i)    in the case of an applicant in custody-within 7 days; and

        (ii)   in the case of an applicant who is not in custody-within 28
               days;
of the applicant being served with notice of refusal of the application; and

   (b)  lodged at any office of Immigration in Australia by:

        (i)    posting it to that office; or

        (ii)   leaving it at that office with an authorised officer.
               Applications for review to be decided by Minister

"2A.10 (1) The Minister may decide that an applicant for review should be
interviewed before the application is decided.

"(2) If the Minister:

   (a)  requests the applicant to comment on matters adverse to the
        application for review; or

   (b)  requests the applicant to provide further information in support of
        the application; the Minister must not decide the application less
        than:

   (c)  in the case of a request made to an applicant in custody-5 working
        days after the request is served on the applicant; and

   (d)  in the case of a request made to an applicant who is not in custody-15
        working days after the request is served on the applicant.

"Division 3-Notice of decisions Notice of decisions on refugee status
applications and applications for review

"2A.11 (1) If the Minister decides to refuse a refugee status application or
an application for review, the Minister must, in accordance with subregulation
(2), give notice of the decision to the applicant.

(2) Notice must be given by:

   (a)  posting the notice to the person at the person's latest address for
        service provided in the refugee status application or application for
        review; or

   (b)  posting the notice to the person at the person's residential address
        provided in the application; or

   (c)  giving the notice:

        (i)    to the person personally; or

        (ii)   to another person duly authorised to receive documents on
               behalf of the person; or

   (d)  leaving the notice at the last known place of business or residence of
        the person with another person who is apparently:

        (i)    employed at, or an occupant of, that place; and

        (ii)   not less than 16 years of age. Time when service of notice by
               post takes effect

"2A.12 If notice is given by post to a person in accordance with paragraph
2A.11 (2) (a) or (b), service is taken to have been effected if the person is
in Australia-at the end of 5 working days after the day of posting.".