Commonwealth Numbered Regulations - Explanatory Statements

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Statutory Rules 1991 No. 3

Subject - Migration Act 1958

Migration (Review) Regulations (Amendment)

Section 181 of the Migration Act 1958 (the Act) provides that the Governor-General may make regulations for the purposes of the Act. In addition sections 115 and 116 of the Act provide that regulations may provide for, inter alia,

-       the types of decisions to be reviewed

-       the manner and form of applications for such reviews, and

-       the persons who may apply for such reviews.

The purpose of the Regulations is to provide for a right of review in relation to decisions to reject an application for a December 1989 (temporary) entry permit or a December 1989 (permanent) entry permit. These entry permits were created by Statutory Rule No 402 of 10 December 1990 and enable persons who were illegally in Australia before 19 December 1990 to obtain permanent residence on the basis of close family relationships with Australian citizens or permanent residents, or on the grounds that their departure from Australia would cause extreme hardship or irreparable prejudice to an Australian citizen or permanent resident.

Authority: sections 115, 116 and 181 of the Migration Act 1958

Cabinet Minute No 14546 of 15

December 1990

Issued by the Minister for Trade Negotiations for and on behalf of the Minister for Immigration, Local Government and Ethnic Affairs

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