Commonwealth Numbered Regulations

1994 No. 281 MIGRATION REFORM (TRANSITIONAL PROVISIONS) REGULATIONS (AMENDMENT) - REG 6

  6.1   Insert after Division 2 of Part 7:

           "Division 2A-Combined applications for review".
Interpretation

"30A. In this Division: 'pre-reform visa application' means:

   (a)  a visa application to which regulation 22 applies; or

   (b)  an entry permit application to which regulation 23 applies. (NOTE:
        Under regulation 23, an entry permit application made after 19
        December 1989 and before 1 September 1994 that remains undecided on 1
        September 1994 is taken to be an application for a transitional visa.)

Combined application for internal review

"30B. (1) If:

   (a)  2 or more visa applicants have combined their pre-reform visa
        applications in Australia, in a way permitted by the Migration (1989)
        Regulations or the Migration (1993) Regulations; and

   (b)  the Minister's decisions in respect of 2 or more of those visa
        applicants are that visas not be granted; the visa applicants referred
        to in paragraph (b) may combine their applications for internal review
        of the Minister's decisions.



"(2) If:

   (a)  a person has nominated or sponsored 2 or more members of a family unit
        in respect of pre-reform visa applications by them for visas of a
        class for which it was a criterion that an applicant be sponsored or
        nominated; and

   (b)  the members of a family unit referred to in paragraph (a) have
        combined their pre-reform visa applications in a way permitted by the
        Migration (1989) Regulations or the Migration (1993) Regulations; and

   (c)  the Minister's decisions in respect of 2 or more of the members of
        that family unit are that visas not be granted; the nominator or
        sponsor may combine his or her applications for internal review of the
        Minister's decisions in respect of each of the members of the family
        unit to whom the Minister refused to grant a visa.



"(3) If:

   (a)  2 or more visa applicants have combined their pre-reform visa
        applications, in a way permitted by the Migration (1989) Regulations
        or the Migration (1993) Regulations, for visas of a class for which it
        was a criterion that an applicant have a parent, spouse, child,
        brother or sister who is an Australian citizen or an Australian
        permanent resident; and

   (b)  the Minister's decisions in respect of 2 or more of those visa
        applicants are that visas not be granted; an Australian citizen or
        Australian permanent resident who is a parent, spouse, child, brother
        or sister of the visa applicants may combine his or her applications
        for internal review of the Minister's decisions in respect of each of
        those visa applicants to whom the Minister refused to grant a visa.

Combined applications for review by the Tribunal

"30C. (1) If:

   (a)  2 or more persons have, in accordance with regulation 30B, combined
        their applications for internal review of decisions of the Minister;
        and

   (b)  the review officer's decisions in respect of 2 or more of those
        persons are that the primary decisions be affirmed; the persons
        referred to in paragraph (b) may combine their applications for review
        by the Tribunal of the review officer's decisions.



"(2) If:

   (a)  2 or more applicants have combined their pre-reform visa applications
        in Australia in a way permitted by the Migration (1989) Regulations or
        the Migration (1993) Regulations; and

   (b)  the Minister's decisions in respect of 2 or more of those applicants
        are that a visa not be granted; and

   (c)  the Minister's decisions are IRT-reviewable decisions; the applicants
        referred to in paragraph (b) may combine their applications for review
        by the Tribunal of the Minister's decisions.



"(3) If:

   (a)  a person has nominated or sponsored 2 or more members of a family unit
        in respect of pre-reform visa applications by them for visas of a
        class for which it was a criterion that an applicant be sponsored or
        nominated; and

   (b)  the members of a family unit referred to in paragraph (a) have
        combined their pre-reform visa applications in a way permitted by the
        Migration (1989) Regulations or the Migration (1993) Regulations; and

   (c)  the Minister's decisions in respect of 2 or more of the members of
        that family unit are that a visa not be granted; and

   (d)  the nominator or sponsor has, in accordance with regulation 30B,
        combined his or her applications for internal review of the Minister's
        decisions in respect of each of the members of the family unit to whom
        the Minister refused to grant a visa; and

   (e)  the review officer's decisions in respect of 2 or more of those
        members are that the primary decisions be affirmed; the nominator or
        sponsor may combine his or her applications for review by the Tribunal
        of the Minister's decisions in respect of each of the members of the
        family unit to whom the Minister refused to grant a visa.



"(4) If:

   (a)  a person has nominated or sponsored 2 or more members of a family unit
        in respect of pre-reform visa applications by them for visas of a
        class for which it was a criterion that an applicant be sponsored or
        nominated; and

   (b)  the members of a family unit referred to in paragraph (a) have
        combined their pre-reform visa applications in a way permitted by the
        Migration (1989) Regulations or the Migration (1993) Regulations; and

   (c)  the Minister's decisions in respect of 2 or more of the members of
        that family unit are that a visa not be granted; and

   (d)  the Minister's decisions are IRT-reviewable decisions; the nominator
        or sponsor may combine his or her applications for review by the
        Tribunal of the Minister's decisions in respect of each of the members
        of the family unit to whom the Minister refused to grant a visa.



"(5) If:

   (a)  2 or more visa applicants have combined their pre-reform visa
        applications, in a way permitted by the Migration (1989) Regulations
        or the Migration (1993) Regulations, for visas of a class for which it
        is a criterion that the applicant have a parent, spouse, child,
        brother or sister who is an Australian citizen or an Australian
        permanent resident; and

   (b)  the Minister's decisions in respect of 2 or more of those applicants
        are that visas not be granted; and

   (c)  the Australian citizen or Australian permanent resident who is a
        parent, spouse, child, brother or sister of the applicants has, in
        accordance with regulation 30B, combined his or her applications for
        internal review of the Minister's decisions in respect of 2 or more of
        the members of the family unit to whom the Minister refused to grant a
        visa; and

   (d)  the review officer's decisions in respect of 2 or more of the
        applicants referred to in paragraph (b) are that the primary decisions
        be affirmed; the Australian citizen or Australian permanent resident
        referred to in paragraph (c) may combine his or her applications for
        review by the Tribunal of the review officer's decisions in respect of
        each of the applicants to whom the Minister refused to grant a visa.



"(6) If:

   (a)  2 or more visa applicants have combined their pre-reform visa
        applications, in a way permitted by the Migration (1989) Regulations
        or the Migration (1993) Regulations, for visas of a class for which it
        is a criterion that the applicant have a parent, spouse, child,
        brother or sister who is an Australian citizen or an Australian
        permanent resident; and

   (b)  the Minister's decisions in respect of 2 or more of those visa
        applicants are that visas not be granted; and

   (c)  the Minister's decisions are IRT-reviewable decisions; an Australian
        citizen or Australian permanent resident who is a parent, spouse,
        child, brother or sister of the visa applicants may combine his or her
        applications for review by the Tribunal of the Minister's decisions in
        respect of each of those visa applicants to whom the Minister refused
        to grant a visa.

Division does not authorise application by sponsor etc for review of entry
permit decision

"30D. To avoid doubt, nothing in this Division authorises a sponsor or
nominator, or an Australian citizen or an Australian permanent resident
referred to in subregulation 30B (3), 30C (5) or 30C (6), to apply for review
of a decision regarding an application for an entry permit.".