Commonwealth Numbered Regulations - Explanatory Statements

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MIGRATION AMENDMENT REGULATIONS 1998 (NO. 12) 1998 NO. 322

STATUTORY RULES 1998 NO. 322

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

Migration Act 1958

Migration Amendment Regulations 1998 (No. 12)

Section 504 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 to be prescribed by the Act or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.

In addition, regulations may be made pursuant to the following powers:

-        subsection 31(3) of the Act provides that the Regulations may prescribe criteria for visas

of a specified class; and

-        subsection 45(2) of the Act provides, that without limiting the generality of subsection

43(1), the Regulations may prescribe the way for making applications for a visa of a

specified class in specified circumstances.

The purpose of the Regulations is to amend the criteria for a Subclass 051 bridging visa in respect of persons seeking judicial review of protection visa refusals. The amendments will require such persons to give an undertaking to depart Australia if the judicial review proceedings are unsuccessful, and to meet certain public interest criteria. This will ensue that such persons are subject to similar requirements to those already applying to Subclass 051 applications from persons awaiting Departmental or Refugee Review Tribunal decisions on protection visa applications.

The Regulations also make minor technical amendments.

Details of the Regulations are set out in the Attachment.

The Regulations commence on gazettal.

ATTACHMENT

Regulation 1 - Name of regulations

This regulation provides that these Regulations are the Migration Amendment Regulations 1998 (No. 12).

Regulation 2 - Commencement

This regulation provides that these Regulations commence on gazettal.

Regulation 3 - Amendment of Migration Regulations

This regulation provides that the Migration Regulations are amended as set out in Schedule 1 to these Regulations.

Schedule 1 - Amendment of Migration Regulations

Item 1 - Regulation 1.01

This item renames the Migration Regulations as the Migration Regulations 1994.

Item 2 - Schedule 1, paragraph 1101A(3)(c)

This item makes a minor technical amendment to paragraph 1101A(3)(c), which relates to how a valid application may be made.

Item 3 - Schedule 2. clause 051.111

This item makes minor technical amendments to clause 051.111 and to the Notes following that clause.

Item 4 - Schedule 2, clause 051-212

This item substitutes a new clause for clause 051.212, and inserts new clause 051.213.

New subclause 051.212(1) remains the same as existing subclause 051.212(1).

New subclause 051.212(2) reflects the provisions of existing subclause 051-212(2), subject to minor technical amendments.

New subclause 051.212(3) provides that an applicant meets the requirements of this subclause if.

*       the applicant has applied for judicial review of a decision to refuse a protection visa; and

*       the applicant or a person acting on his or her behalf, has signed an undertaking that the applicant will depart Australia within 28 days after:

-       the completion of the judicial review proceedings where the outcome is that the decision refusing the protection visa is maintained; or

-       the applicant withdraws the application for judicial review.

New clause 051.213 provides that the Minister is satisfied that the applicant satisfies:

*       the public interest criteria 4001, 4002 and 4003; and

*       the health criteria in clauses 866.223 and 866.224.

Item 5 - Schedule 2. clause 051.221

This item makes a minor technical amendment to clause 051.221 to make reference to new clause 051.213 inserted by these Regulations.