Commonwealth Numbered Regulations - Explanatory Statements

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MIGRATION REGULATIONS (AMENDMENT) 1992 NO. 183

EXPLANATORY STATEMENT

STATUTORY RULES 1992 No. 183

Issued by the Authority of the Minister for Immigration, Local Government and Ethnic Affairs

Migration Act 1958

Migration 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 23 and 33 of the Act enable regulations to be made providing for different classes of visas and entry permits.

The purpose of the Regulations is to:

       extend the "life" of the Regulations until 16 October 1992;

       amend regulations 62, 67, 70, 73, 78 and 80 to facilitate entry where the application is in relation to an agreement to which another country is a party;

       exempt agencies of the Federal Government from the need to lodge nomination forms for persons whom they propose for entry as occupational trainees;

       amend relevant regulations to ensure that a reference to citizens of the former Socialist Republic of Yugoslavia includes all citizens of the Republic as it was until 19 June 1991, and any dependent children of such persons;

       amend the Citizens of the former Socialist Federal Republic of Yugoslavia (temporary) (regulation 118) and Sri Lankan (temporary) (regulation 119G) entry permits to require applicants who will be in Australia for more than 12 months to undergo a health examination;

       make amendments to the points test as part of the Governments's 1992/93 Migration Program, including to deduct 10 points from applicants whose usual occupation is medical practitioner;

       enable vocational proficiency in English to be a requirement for some occupations, and

       change the student visa fees to a standard $130.

Details of the Regulations are set out in the Attachment.

ATTACHMENT

Regulation 1 - Commencement

Subregulation 1.1 provides for the amendments to the Migration Regulations made by these Regulations to commence on 1 July 1992, with the exceptions of subregulation 28.4 and regulation 31.

Subregulation 1.2 provides for subregulation 28.4 to have retrospective operation from 17 September 1991. Subregulation 28.4 amends item 24 of part 6, Schedule 4 so that recipients of family allowance and family allowance supplement social security benefits are not disqualified from sponsoring relatives. It was never the intention to prevent these benefit recipients from acting as sponsors but previous amendments to item 24, effective from 17 September 1991, could be interpreted to have that effect. The amendments made by subregulation 28.4 remove any doubt as to the validity of sponsorships by family allowance and family allowance supplement recipients. Retrospective operation of the regulation is therefore entirely beneficial to the people concerned and is not disadvantageous to any person.

Subregulation 1.3 provides for regulation 31 to have commenced on 18 December 1991. Regulation 31 makes a minor amendment of a technical nature which involves no policy considerations. Retrospectivity of its operations does not disadvantage any person.

Regulation 2 - Amendment

This regulation provides for the Migration Regulations to be amended as set out in these Regulations.

Regulation 3 - Regulation 2 (Interpretation)

This regulation adds a new definition of "Occupations Requiring English List" to the Migration Regulations. This definition is required following amendments made by these Regulations to Schedule 1 of the Migration Regulations.

Regulation 2 of the Migration Regulations is also amended by these Regulations by adding item 14 of Part 1 of Schedule 2 (diplomatic visa) to the definition of "temporary resident visa".

Regulation 4 - Regulation 40 (Prescribed change in circumstances (paragraphs 36(1)(a) and 37(2)(a) of the Act))

This regulation amends regulation 40 of the Migration Regulations as a result of a change in the name of the Class 443 entry permit to Citizens of the former Socialist Republic of Yugoslavia (temporary) entry permit.

Regulation 5 - Regulation 41 (Prescribed criteria (classes of visas))

Subsection 23(5) of the Act provides that regulations providing for different classes of visas and the criteria which govern the grant of those visas, be taken to be repealed, if they have not been disallowed 2 years after the day on which a regulation takes effect.

The purpose of this amendment is to extend the period for the suspension of subsection 23(5) of the Act, to 16 October 1992.

Regulation 6 - Regulation 42 (Prescribed criteria (entry permits))

Subsection 33(5) of the Act provides that regulations providing for different classes of entry permits and the criteria which govern the grant of those entry permits, be taken to be repealed, if they have not been disallowed 2 years after the day on which a regulation takes effect.

The purpose of this amendment is to extend the period for the suspension of subsection 33(5) of the Act, to 16 October 1992.

Regulation 7 - Regulation 62 (Entertainment visa)

This regulation amends regulation 62 of the Migration Regulations to provide for entry to Australia where the application is in relation to an agreement to which another country is a party and the applicant's entry has been agreed to by the competent authorities in Australia. The amendment also provides for exemption from sponsorship requirements in these circumstances.

Regulation 8 - Regulation 67 (Foreign government agency visa)

This regulation amends regulation 67 of the Migration Regulations to provide for entry to Australia where the application is in relation to an agreement to which another country is a party and the applicant's entry has been agreed to by the competent authorities in Australia. The amendment also provides for exemption from sponsorship requirements in these circumstances.

Regulation 9 - Regulation 70 (Media and film staff visa)

This regulation omits paragraph 70(a) of the Migration Regulations and substitutes a new paragraph 70(a). The effect of this amendment is to remove the provision which provided for entry of journalists, correspondents, reporters, photographers or members of camera or television teams, for overseas media, to cover specific events. In future these people will enter as business visitors.

This regulation also amends regulation 70 to provide for entry to Australia where the application is in relation to an agreement to which another country is a party and the applicant's entry has been agreed to by the competent authorities in Australia.

Regulation 10 - Regulation 73 (Public lecturer visa)

This regulation amends regulation 73 of the Migration Regulations to provide for entry to Australia where the application is in relation to an agreement to which another country is a party and the applicant's entry has been agreed to by the competent authorities in Australia. The amendment also provides for exemption from sponsorship requirements in these circumstances.

Regulation 11 - Regulation 78 (Sport visa)

This regulation amends regulation 78 of the Migration Regulations to provide for entry to Australia where the application is in relation to an agreement to which another country is a party and the applicant's entry has been agreed to by the competent authorities in Australia.

Regulation 12 - Regulation 80 (Visiting academic visa)

This regulation amends regulation 80 of the Migration Regulations to provide for entry to Australia where the application is in relation to an agreement to which another country is a party and the applicant's entry has been agreed to by the competent authorities in Australia.

Regulation 13 - Regulation 87B (Occupational trainee visa)

This regulation amends regulation 87B of the Migration Regulations to exempt agencies of the Federal Government from the need to lodge nomination forms for persons whom they propose for entry as occupational trainees.

Regulation 14 - Regulation 98C (Conditions - student (category A) visa)

This regulation makes a technical amendment to regulation 98C of the Migration Regulations to ensure that the prescribed conditions attach to the equivalent entry permit as well as the visa.

Regulation 15 - Regulation 98E (Conditions - student (category B) visa)

This regulation corrects an error in regulation 98E of the Migration Regulations by inserting the omitted words "or entry

Regulation 16 - Regulation 103 (Global special humanitarian program visa)

This regulation omits paragraph 103(a) of the Migration Regulations and substitutes a new paragraph 103(a) which is more specific.

Regulation 17 - Regulation 107E (Citizens of the former Socialist Federal Republic of Yugoslavia -displaced persons (Special assistance) visa)

This regulation amends regulation 107E of the Migration Regulations to change the name of this visa so that it refers to citizens of the former Socialist Federal Republic of Yugoslavia, rather than to citizens of the individual republics which now exist. This change is to avoid any possible confusion as to which citizens are intended to be included in the provisions of regulation 107E.

This regulation also omits paragraphs (a) and (b) of regulation 107E and substitutes a new paragraph (a), which defines a citizen of the former Socialist Federal Republic of Yugoslavia as a person who was a citizen of the Socialist Federal Republic of Yugoslavia as it existed up until 19 June 1991, or the dependent child of such a person if the child was born on or after 19 June 1991.

Regulation 18 - Regulation 118 (Citizens of the former Socialist Federal Republic of Yugoslavia (temporary) entry permit)

This regulation amends regulation 118 of the Migration Regulations to change the name of this entry permit so that it refers to citizens of the former Socialist Federal Republic of Yugoslavia, rather than to citizens of the individual republics which now exist. This change is to avoid any possible confusion as to which citizens are intended to be included in the provisions of regulation 118.

This regulation also omits paragraphs (a) and (b) of regulation 118. A new paragraph (a) is substituted, which defines a citizen of the former Socialist Federal Republic of Yugoslavia as a person who was a citizen of the Socialist Federal Republic of Yugoslavia as it existed up until 19 June 1991, or the dependent child of such a person if the child was born on or after 19 June 1991.

This regulation also substitutes a new paragraph (b) in regulation 118, which provides that the applicant must have held a valid entry permit or entry visa at some time on or after 31 December 1991.

This regulation also inserts a new paragraph (bb) in regulation 118 to require applicants who will be in Australia for more than 12 months to undergo a medical examination.

Regulation 19 - Regulation 119G (Sri Lankan (temporary) entry permit)

This regulation omits paragraph (b) of regulation 119G of the Migration Regulations, and substitutes a new paragraph (b), which provides that the applicant must have held a valid entry permit or entry visa at some time on or after 31 December 1991.

This regulation also adds a new paragraph (c) to regulation 119G to require applicants who will be in Australia for more than 12 months to undergo a medical examination.

Regulation 20 - Regulation 145 (Prescribed qualifications and prescribed number of points)

Subregulation 20.1 adds a new paragraph (c) to regulation 145 of the Migration Regulations to provide that if the usual occupation of the applicant is that of medical practitioner, 10 points is to be deducted from the total number of points the applicant would have otherwise obtained. This is intended to reduce the number of overseas trained medical practitioners after the Australian Health Ministers' Conference adopted a national workforce strategy to achieve structural reform of Australia's medical workforce.

Subregulation 20.2 adds a new subregulation (4) to regulation 145 of the Migration Regulations to enable vocational proficiency in English to be a prescribed requirement for some occupations.

Regulation 21 - Regulation 146 (Qualifications - suitability for employment)

The amendments made to regulation 146 of the Migration Regulations by this regulation relate to the elimination of the 40 points level from the skill sub-factor. The provisions for the award of this score required an assessment of an applicant's educational qualifications for general employment purposes only. They did not measure suitability to work in any particular occupation and this led to employment difficulties for a number of professional groups.

Regulation 22 - Regulation 185 (Fee on application for temporary entry permits granted only in Australia)

This regulation makes a minor technical correction to regulation 185 of the Migration Regulations.

Regulation 23 - Regulation 202 (Fees - student (category A) visa)

This regulation omits regulation 202 of the Migration Regulations and substitutes a new regulation 202 which increases the fee payable upon application for this visa from $100 to $130, as a result of the introduction of a new and simpler fee structure for students.

Regulation 24 - Regulation 203 (Fees - student (category B) visa)

This regulation omits regulation 203 of the Migration Regulations and substitutes a new regulation 203 which replaces the two-tier fee ($100 or $230), payable upon application for this visa, with a standard fee of $130, as a result of the introduction of a new and simpler fee structure for students.

Regulation 25 - Schedule 1 (Criteria and representative symbols)

This regulation adds new item 17 (criterion P) to Schedule 1 of the Migration Regulations. When prescribed as a criterion in Schedule 2, this criterion will require applicants whose usual occupation is included in the Occupations Requiring English List to have the ability to speak English in any situation and to write English in any context.

Regulation 26 - Schedule 2 (Classes of visas. prescribed criteria and code numbers)

This regulation amends item 10 of Part 2 of Schedule 2 of the Migration Regulations as a result of a change of the name of the visa referred to in item 10 to the Citizens of the former Socialist Federal Republic of Yugoslavia - displaced persons (special assistance) visa.

This regulation also amends items 3 and 4 of Part 3 of Schedule 2 (independent and concessional family categories) to add the new criterion P in Schedule 1 as a mandatory criterion. This criterion requires applicants whose usual occupation is included in the Occupations Requiring English List to have the ability to speak English in any situation and to write English in any context.

Regulation 27 - Schedule 3 (Classes of entry permits)

This regulation amends item 34E of Schedule 3 of the Migration Regulations to change the name of the entry permit referred to, to the Citizens of the former Socialist Federal Republic of Yugoslavia - displaced persons (special assistance) entry permit.

This regulation also amends item 82B of Schedule 3 of the Migration Regulations to change the name of the entry permit referred to, to the Citizens of the former Socialist Federal Republic of Yugoslavia (temporary) entry permit.

Regulation 28 - Schedule 4 (Prescribed qualifications and prescribed number of points)

Subregulation 28.1 amends item 1 of Schedule 4 of the Migration Regulations to provide for the points for occupations on the Priority Occupation List to be increased from 75 to 80.

Subregulation 28.2 omits item 9B of Schedule 4 as a result of eliminating the 40 points level from the skill sub-factor (see the amendments made to regulation 146 of the Migration Regulations by these Regulations).

Subregulation 28.3 amends item 15 of Schedule 4 to increase the top score for fluency in the English language from 15 to 20 points.

Subregulation 28.4 amends item 24 of Schedule 4 to ensure that persons receiving a family allowance or a family allowance supplement are not precluded from being sponsors. This amendment is retrospective to 17 September 1991 to ensure that no person was disadvantaged.

Regulation 29 - Schedule 8 (Fees)

This regulation amends item 89 of Part 1 of Schedule 8 of the Migration Regulations as a result of a name change to the Citizens of the former Socialist Federal Republic of Yugoslavia - displaced persons (special assistance) visa.

This regulation also amends item 14 of Part 2 of Schedule 8 as a result of a name change to the Citizens of the former Socialist Federal Republic of Yugoslavia entry permit.

Regulation 30 - Application of Schedule 4 as in force 15 April 1991 to 16 September 1991

This regulation makes a provision relating to the application of item 24 of Schedule 4 of the Migration Regulations as in force from 15 April 1991 to 16 September 1991. This provision relates to a text which was substituted with effect from 17 September 1991 but which until that date had the effect of preventing the recipients of family allowance and family allowance supplement social security benefits from acting as sponsors. This was never the intended effect of item 24 and in fact sponsorships were accepted during this period from persons who received these benefits. The effect of the provision made by this regulation is that the text of item 24 as in force during the relevant period is to be taken to have had effect as if it had included an appropriate reference to the family allowance and family allowance supplement as benefits which did not disqualify recipients from acting as sponsors. This provision puts beyond doubt the validity of sponsorships accepted from the persons concerned.

Regulation 31 - Amendment of Statutory Rules 1991 No. 418

This regulation makes a technical amendment to Statutory Rules 1991 No. 418.


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