Commonwealth Numbered Regulations

1996 No. 211 MIGRATION REGULATIONS (AMENDMENT) - REG 13

13.1 Subitem 1104 (2): Omit the subitem, substitute:
  "(2)    Fee:             $2,465.".


13.2 Subitem 1104A (2): Omit the subitem, substitute:
  "(2)    Fee:             $2,465.".


13.3 Item 1116: Omit the item.

13.4 Paragraph 1205 (2) (d): Omit the paragraph, substitute:

"(d) If the application is made outside Australia and the applicant
is a member of a sporting or entertainment body comprising not
fewer than 10 applicants - a fee equal to $1,450 divided by
the number of applicants included in that body.".

13.5 Paragraph 1301 (3) (c): Omit the paragraph, substitute:

"(c) Either:

        (i)    the applicant has made a valid application, in Australia, for a
               substantive visa that can be granted if the applicant is in
               Australia and that application has not been finally determined;
               or

        (ii)   the applicant has applied, within statutory time limits, for
               judicial review of a decision to refuse a substantive visa that
               was applied for in Australia and can be granted if the
               applicant is in Australia and the judicial proceedings
               (including proceedings on appeal, if any) have not been
               completed.".

13.6 Subitem 1302 (3): After paragraph (b), insert:

"(baa) Either:

        (i)    the applicant has made a valid application, in Australia, for a
               substantive visa that can be granted if the applicant is in
               Australia and that application has not been finally determined;
               or

        (ii)   the applicant has applied, within statutory time limits, for
               judicial review of a decision to refuse a substantive visa that
               was applied for in Australia and can be granted if the
               applicant is in Australia and the judicial proceedings
               (including proceedings on appeal, if any) have not been
               completed.".

13.7 Paragraph 1303 (3) (c): Omit the paragraph, substitute:

"(c) Either:

        (i)    the applicant has made a valid application, in Australia, for a
               substantive visa that can be granted if the applicant is in
               Australia and that application has not been finally determined;
               or

        (ii)   the applicant has:

                (A)  applied, within statutory time limits, for judicial
                     review of a decision to refuse a substantive visa that
                     was applied for in Australia and can be granted if the
                     applicant is in Australia and the judicial proceedings
                     (including proceedings on appeal, if any) have not been
                     completed; and

                (B)  held a bridging visa Class C granted on the basis of the
                     refused application.".

13.8 Subitem 1304 (3): After paragraph (b), insert:

"(baa) If the applicant has attempted to make an application for a substantive
visa, the attempt must have been made, in Australia, for a visa that can be
granted if the applicant is in Australia.".

13.9 Subitem 1305 (3): After paragraph (ba), insert:

"(bb) If the applicant has made or intends to make an application for a
substantive visa, then either:

        (i)    the applicant has made a valid application, in Australia, for a
               substantive visa that can be granted if the applicant is in
               Australia and that application has not been finally determined;
               or

        (ii)   the officer receiving the application is satisfied that the
               applicant intends, as soon as is practicable, to make an
               application in Australia for a substantive visa that can be
               granted if the applicant is in Australia; or

        (iii)  the applicant has applied, within statutory time limits, for
judicial review of a decision to refuse a   substantive visa that was applied
for in Australia and can be granted if the applicant is in Australia and the
judicial proceedings (including proceedings on appeal, if any) have not been
completed.".

13.10 Amendments as set out in the following table:
  Provision                  Omit               Substitute

  Paragraph 1101 (2) (b)     $560.              $600.

  Paragraph 1107 (2) (b)     $415.              $600.

  Paragraph 1108 (2) (b)     $560.              $600.

  Subitem 1110 (2)           $560.              $600.

  Subitem 1112 (2)           $560.              $600.

  Subitem 1114 (2)           $560.              $600.

  Paragraph 1115 (2) (c)     $415.              $600.

  Subitem 1117 (2)           $560.              $600.

  Subitem 1118 (2)           $560.              $600.

  Paragraph 1119 (2) (c)     $415.              $600.

  Paragraph 1119 (2) (d)     $415.              $600.

  Paragraph 1119 (2) (e)     $875.            $1,500.

  Subitem 1120 (2)           $560.              $600.

  Subitem 1120A (2)          $560.              $600.

  Subitem 1121 (2)           $560.              $600.

  Subitem 1124 (2)           $560.              $600.

  Paragraph 1125 (2) (b)     $560.              $600.

  Subitem 1129 (2)           $560.              $600.

  Subitem 1215 (2)           $560.              $600.

  Paragraph 1222 (2) (b)     $145.              $250.