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MIGRATION REGULATIONS (AMENDMENT) 1997 NO. 137
EXPLANATORY STATEMENTSTATUTORY RULES 1997 No. 137
Issued by the Authority of the Minister for Immigration and Multicultural Affairs
Migration Act 1958
Migration Regulations (Amendment)
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.
Without limiting the generality of section 504, particular provision is made for and in relation to the following matters:
- paragraph 504(1)(a) of the Act provides that the Regulations may provide for the charging and recovery of fees in respect of any matter under the Act or the Regulations; and
- paragraph 504(1)(b) of the Act provides that the Regulations may make provision for the remission, refund or waiver of fees which may be prescribed by the Regulations, and for exempting persons from the payment of such fees.
In addition, regulations may be made pursuant to the following powers:
- subsection 29(2) of the Act provides that the Regulations may prescribe a period during which the holder of a visa may travel to, enter and remain in Australia;
- subsection 29(3) of the Act provides that the Regulations may prescribe a period during which the holder of a visa may travel to, enter, re-enter and remain in Australia;
- subsection 31(1) of the Act provides that the Regulations are to prescribe classes of visas;
- subsection 31(3) of the Act provides that the Regulations may prescribe criteria for visas of a specified class;
- subsection 31(4) of the Act provides for the Regulations to prescribe whether visas are visas to travel to and enter, or remain in Australia, or both;
- subsection 40(1) of the Act provides that the Regulations may provide that visas or visas of a specified class may only be granted in specified circumstances;
- subsection 45(1) of the Act provides that the Regulations may make provision in relation to applications for visas;
- subsection 45(2) of the Act provides that, without limiting the generality of subsection 45(1), the Regulations may prescribe the way for making applications for a visa of a specified class in specified circumstances, and in specified circumstances for a visa of a specified class;
- subsection 45(3) of the Act provides that, without limiting the generality of subsection 45(1), the Regulations may provide for the place in which an applicant must be when an application for a visa of a specified class is made; and
- subsection 46(2) of the Act provides for prescribing a class of visas, an application for which may be taken under the Regulations to have been validly made.
The purposes of the Regulations are to amend the Migration Regulations to give effect to Government decisions on:
* budgetary matters;
* aspects of the Migration Program; and
* enabling permanent refugee and humanitarian visa holders to propose the entry to Australia of members of their immediate family so that the latter are included under the Humanitarian program rather than the Preferential Family program.
In particular, the Regulations will:
- allow humanitarian visa holders who are permanent residents to propose members of their immediate family for grant of a visa and to provide that such visas will be included in the humanitarian program, as well as providing a limitation of 5 years on grant of a visa to a person who was the former spouse, not declared as a spouse, or permanently separated from the holder of a Woman at Risk, Subclass 204, visa at the time that visa was granted (regulations 3, 4 and 12 to 27);
- amend the Regulations to clarify the circumstances in which a partial refund of the second instalment of the Visa Application Charge (the "VAC") must be made (regulations 5 and 31);
- change the name of both the current Class AJ visa class and Subclass 105 visa from "Concessional family" to "Skilled-Australian Linked" and the name of Subclass - 106 visa from "Regional Family" to "Regional Linked" (regulations 6, 10, 11 and 29 and subregulations 9.1 and 9.2);
- amend the Regulations so that Subclass 105 visa applicants may be given points in relation to English language (subregulation 6.2);
- impose a fee for medical assessments undertaken for internal review or for review by the Immigration Review Tribunal (regulation 7);
- increase certain charges and fees;
* in line with the Government's decision to continue the previously established practice of indexing charges and fees on an annual basis; and
* to include an additional $40 charge for all permanent visas to cover the cost of the assessment and monitoring of health, which is reflected in the first instalment of the VAC (regulations 8 and 28 and subregulation 9.4);
- amend the Regulations to reflect the Government's decision to replace the 1 entry 11 month stay 11 month validity Business (Short Stay), Subclass 456 visa with a 1 entry 13 month stay / 3 month validity visa, and to impose a $45 application charge (regulation 28 and subregulation 9.3); and
- make minor technical amendments (regulation 30),
Details of the Regulations are set out in the Attachment.
ATTACHMENT
PART 1 - PRELIMINARY
Regulation 1 - Commencement
Regulation 1 provides that these Regulations commence on 1 July 1997.
Regulation 2 - Amendment
This regulation provides for the Migration Regulations to be amended as set out in these Regulations.
Regulation 3 - Regulation 1.03 (Interpretation)
This regulation inserts a definition of a "member of the immediate family". It has the meaning given at new regulation 1.12AA.
Regulation 4 - New regulation 1.12AA
This regulation inserts a new regulation 1.12AA which defines a member of the immediate family as a spouse or dependent child of a person, or the parent of a person who is less than 18 years old.
Regulation 5 - Regulation 2.121 (Partial refund of second instalment of visa application charge)
This regulation clarifies the circumstances in which a partial refund of the second instalment of the Visa Application Charge (the "VAC") is made available to ensure that a visa holder cannot obtain a refund simply by waiting for their visa to cease (for example, when their initial five year migrant visa ceases).
Regulation 6 - Regulation 2.26 (Prescribed qualifications and prescribed number of points)
Subregulations 6.1 and 6.2 amend paragraph 2.26(1)(a) to:
* reflect the change of name of the Subclass 105 visa from "Concessional Family" to "Skilled-Australian Linked"; and
* prescribe Part 3 (Language skill qualification) of Schedule 6 as a qualification relevant to determining the points score for grant of a Subclass 105 visa. The effect of this is that language skills will become a factor in the points test for a Subclass 105 visa.
Subregulation 6.3 makes a minor technical amendment to paragraphs 2.26(1)(a) and (b).
Regulation 7 - New Regulation 5.41
This regulation inserts a new regulation 5.41 which imposes a $330 fee where the opinion of a Medical Officer of the Commonwealth is sought for the purposes of internal review or review by the Immigration Review Tribunal ("the IRT") of a decision to refuse a visa on the basis of health.
Regulation 8 - Various regulations - amendment of fees
This regulation sets out a table which provides for specified fees to be amended as a result of an increase in line with the Government's decision to continue the previously established practice of indexing charges and fees on an annual basis.
Regulation 9 - Schedule 1 (Classes of visas)
Subregulations 9.1 and 9.2 respectively omit item 1110 (Concessional Family (Migrant) (Class AJ)) and insert new item 1128A (Skilled-Australian Linked (Migrant) (Class AJ)) so that the visa class name is more descriptive of its purpose. This amendment is also reflected in name changes for Subclasses 105 and 106 visas to those of "Skilled-Australian Linked" and "Regional Linked" respectively.
Subregulation 9.3 amends subparagraph 1223A(2)(a)(i). The effect of this amendment is to impose a $45 charge for applications for Subclass 456 (Business (Short Stay)) visas which are valid for 3 months and permit a single entry to Australia for a stay of up to 3 months. The charge for multiple entry Subclass 456 (Business (Short Stay)) visas remains unchanged at $45. The charge is imposed where the applicant is outside Australia at the time the application is made unless a charge exemption or reduction is applicable.
Subregulation 9.4 sets out a table which provides for specified charges to be amended to increase the recovery of costs:
* in line with the Government's decision to continue the previously established practice of indexing charges and fees on an annual basis; and
* to include an additional $40 charge for all permanent visas to cover the cost of the assessment and monitoring of health, which is reflected in the first instalment of the VAC.
Regulation 10 - Schedule 2, Part 105 (Concessional Family)
This regulation replaces the name "Concessional Family" with "Skilled-Australian Linked" so that the name of the Subclass 105 visa is more descriptive of its purpose.
Regulation 11 - Schedule 2, Part 106 (Regional Family)
This regulation replaces the name "Regional Family" with "Regional Linked" so that the name of the Subclass 106 visa is more descriptive of its purpose.
Regulation 12 - Schedule 2, Part 200 (Refugee)
Subregulation 12.1 inserts a definition of a "Subclass 200 visa" for the purposes of this Part.
Subregulation 12.2 omits clauses 200.211 and 200.212 and retains the provisions of those clauses in anew clause 200.211. The new clause also allows member of the immediate family of a permanent resident who is, or has been, a Subclass 200 visa holder to be proposed by their spouse, parent or child for a Subclass 200 visa provided that, before the grant of the Subclass 200 visa, the relationship had been declared to the Department of Immigration.
Subregulation 12.3 makes a consequential amendment to clause 200.221 to reflect the omission of existing clauses 200.211 and 200.212 and the insertion of a new clause 200.211.
Subregulation 12.4 substitutes a new clause 200.311 which retains the existing provisions while also allowing a member of the immediate family of a person being proposed for a Subclass 200 visa to satisfy the "at time of application" secondary criteria.
Subregulation 12.5 substitutes a new clause 200.321 which retains the existing provisions while also requiring a member of the immediate family of a person being proposed for a Subclass 200 visa to continue to be a member of the immediate family of that person at time of decision.
Regulation 13 - Schedule 2, Part 201 (In-country Special Humanitarian)
Subregulation 13.1 inserts a definition of a "Subclass 201 visa" for the purposes of this Part.
Subregulation 13.2 omits existing clauses 201.211 and 201.212 and retains the provisions of those clauses in a new clause 201.211. The new clause also allows a member of the immediate family of a permanent resident who is, or has been, a Subclass 201 visa holder to be proposed by their spouse, parent or child for a Subclass 201 visa provided that, before the grant of the Subclass 201 visa, the relationship had been declared to the Department of Immigration.
Subregulation 13.3 makes a consequential amendment to clause 201.221 to reflect the omission of clauses 201.211 and 201.212 and the insertion of a new clause 201.211.
Subregulation 13.4 substitutes a new clause 201.311 which retains the existing provisions while also allowing a member of the immediate family of a person being proposed for a Subclass 201 visa to satisfy the "at time of application" secondary criteria.
Subregulation 13.5 substitutes a new clause 201.321 which retains the existing provisions while also requiring a member of the immediate family of a person being proposed for a Subclass 201 visa to continue to be a member of the immediate family of that person at time of decision.
Regulation 14 - Schedule 2, Part 202 (Global Special Humanitarian)
Subregulation 14.1 inserts definitions of a "Subclass 202 visa" and a "Subclass 866 visa" for the purposes of this Part.
Subregulation 14.2 omits existing clauses 202.211 and 202.212 and retains the provisions of those clauses in a new clause 202.211. The new clause also allows a member of the immediate family of a permanent resident who is, or has been, a Subclass 202 or Subclass 866 visa holder to be proposed by their spouse, parent or child for a Subclass 202 visa provided that, before the grant of the Subclass 202 or Subclass 866 visa, the relationship had been declared to the Department of Immigration.
Subregulation 14.3 makes a consequential amendment to clause 202.221 to reflect the omission of clauses 202.211 and 202.212 and the insertion of a new clause 202.211.
Subregulation 14.4 substitutes a new clause 202.311 which retains the existing provisions while also allowing a member of the immediate family of a person being proposed for a Subclass 202 visa to satisfy the "at time of application" secondary criteria.
Subregulation 14.5 substitutes a new clause 202.321 which retains the existing provisions while also requiring a member of the immediate family of a person being proposed for a Subclass 202 visa to continue to be a member of the immediate family of that person at time of decision.
Regulation 15 - Schedule 2, Part 203 (Emergency Rescue)
Subregulation 15.1 inserts a definition of a "Subclass 203 visa" for the purposes of this Part.
Subregulation 15.2 substitutes a new clause 203.211 which retains the existing provisions while also allowing a member of the immediate family of a permanent resident who is, or has been, a Subclass 203 visa holder to be proposed by their spouse, parent or child for a Subclass 203 visa providing that, before the grant of the Subclass 203 visa, the relationship had been declared to the Department of Immigration.
Subregulation 15.3 makes a consequential amendment to clause 203.221 to reflect the omission of clause 203.211 and the insertion of a new clause 203.211.
Subregulation 15.4 substitutes a new clause 203.311 which retains the existing provisions while also allowing a member of the immediate family of a person being proposed for a Subclass 203 visa to satisfy the "at time of application" secondary criteria.
Subregulation 15.5 substitutes a new clause 203.321 which retains the existing provisions while also requiring a member of the immediate family of a person being proposed for a Subclass 203 visa to continue to be a member of the immediate family of that person at time of decision.
Regulation 16 - Schedule 2, Part 204 (Woman at Risk)
Subregulation 16.1 inserts a definition of a "Subclass 204 visa" for the purposes of this Part.
Subregulation 16.2 substitutes new clauses 204.211 and 204.212. The new clause 204.211 retains the existing provisions of those clauses while also allowing a member of the immediate family of a permanent resident who is, or has been, a Subclass 204 visa holder to be proposed by their spouse, parent or child for a Subclass 204 visa provided that, before the grant of the Subclass 204 visa, the relationship had previously been declared to the Department of Immigration.
The purpose of new clause 204.212 is to prevent a woman, who is or has been the holder of a Subclass 204 visa from proposing the entry of a person for a Subclass 204 visa, who at the time of grant of the Subclass 204 visa to the woman was:
* a former spouse,
* not declared as a spouse to the Department of Immigration; or
* a person from whom the woman was permanently separated;
for a period of 5 years from the date of grant of that Subclass 204 visa.
Subregulation 16.3 is a consequential amendment which substitutes new clauses 204.221 and 204.222 to reflect the omission of clauses 204.211 and 204.212 and the insertion of new clause 204.211.
Subregulation 16.4 amends paragraph 204.224(a) to reflect that an applicant can be either female or male if proposed by a holder of a Subclass 204 visa.
Subregulation 16. 5 substitutes a new clause 204.311 which retains the existing provisions while also allowing a member of the immediate family of a person being proposed for a Subclass 204 visa to satisfy the "at time of application" secondary criteria.
Subregulation 16.6 substitutes a new clause 204.321 which retains the existing provisions while also requiring a member of the immediate family of a person being proposed for a Subclass 204 visa to continue to be a member of the immediate family of that person at time of decision.
Regulation 17 - Schedule 2, Part 205 (Camp Clearance)
Subregulation 17.1 inserts a definition of a "Subclass 205 visa" for the purposes of this Part.
Subregulation 17.2 omits existing clauses 205.211, 205.212 and 205.213 and retains the provisions of those clauses in a new clause 205.211. The new clause also allows a member of the immediate family of a permanent resident who is, or has been, a Subclass 205 visa holder to be proposed by their spouse, parent or child for a Subclass 205 visa provided that, before the grant of the Subclass 205 visa, the relationship had been declared to the Department of Immigration.
Subregulation 17.3 inserts a new clause 205.221A which requires an applicant who has applied for a Subclass 205 visa on the basis that they are a member of the immediate family of the holder of a Subclass 205 visa, to also be a member of that person's immediate family at time of decision.
Subregulation 17.4 substitutes a new clause 205.311 which retains the existing provisions while also allowing a member of the immediate family of a person being proposed for a Subclass 205 visa to satisfy the "at time of application" secondary criteria.
Subregulation 17.5 substitutes a new clause 205.321 which retains the existing provisions while also requiring a member of the immediate family of a person being proposed for a Subclass 205 visa to continue to be a member of the immediate family of that person at time of decision.
Regulation 18 - Schedule 2, Part 208 (East Timorese in Portugal, Macau or Mozambique)
Subregulation 18.1 inserts a definition of a "Subclass 208 visa" for the purposes of this Part.
Subregulation 18.2 omits existing clauses 208.211, 208.212, 208.213 and 208.214 and substitutes a new clause 208.211 which retains the provisions of those clauses. The new clause also allows a member of the immediate family of a permanent resident who is, or has been, a Subclass 208 visa holder to be proposed by their spouse, parent or child for a Subclass 208 visa provided that, before the grant of the Subclass 208 visa, the relationship had been declared to the Department of Immigration.
Subregulation 18.3 inserts a new clause 208.221A which requires an applicant who has applied for a Subclass 208 visa on the basis that they are a member of the immediate family of the holder of a Subclass 208 visa, to also be a member of that person's immediate family at time of decision.
Subregulation 18.4 substitutes new clauses 208.311 and 208.312 which retain the existing provisions while also allowing a member of the immediate family of a person being proposed for a Subclass 208 visa to satisfy the "at time of application" secondary criteria.
Subregulation 18.5 substitutes a new clause 208.321 which retains the existing provisions while also requiring a member of the immediate family of a person being proposed for a Subclass 208 visa to continue to be a member of the immediate family of that person at time of decision.
Regulation 19 - Schedule 2, Part 209 (Citizens of the Former Yugoslavia (Displaced Persons))
Subregulation 19.1 inserts a definition of a "Subclass 209 visa" for the purposes of this Part.
Subregulation 19.2 omits existing clauses 209.211 and 209.212 and substitutes a new clause 209.211. The new clause retains the existing provisions of those clauses and also the provisions of clauses 209.214 and 209.215 which are omitted by subregulation 19.4 of these Regulations. The new clause also allows a member of the immediate family of a permanent resident who is, or has been, a Subclass 209 visa holder to be proposed by their spouse, parent or child for a Subclass 209 visa provided that, before the grant of the Subclass 209 visa, the relationship had previously been declared to the Department of Immigration.
Subregulation 19.3 inserts "spouse" into the definition of "near relative" in clause 209.213.
Subregulations 19.4 and 19.5 omit existing clauses 209.214, 209.215 and 209.221 and substitutes new clauses 209.221 and 209.221A. The content of clauses 209.214 and 209.215 is now included in the new clause 209.211. The new clause 209.221 reflects the omission of clauses 209.214 and 209.215 and the insertion of new clause 209.211. The new clause 209.221A requires an applicant who has applied for a Subclass 209 visa on the basis that they are a member of the immediate family of the holder of a Subclass 209 visa, to also be a member of that person's immediate family at time of decision.
Subregulation 19.6 substitutes new clauses 209.311 and 209.312 which retain the existing provisions while also allowing a member of the immediate family of a person being proposed for a Subclass 209 visa to satisfy the "at time of application" secondary criteria.
Subregulation 19.7 substitutes a new clause 209.321 which retains the existing provisions while also requiring a member of the immediate family of a person being proposed for a Subclass 209 visa to continue to be a member of the immediate family of that person at time of decision.
Regulation 20 - Schedule 2, Part 210 (Minorities of Former USSR)
Subregulation 20.1 inserts a definition of a "Subclass 210 visa" for the purposes of this Part.
Subregulation 20.2 omits existing clauses 210.211, 210.212, 210.213 and 210.214 and substitutes a new clause 210.211 which retains the existing provisions of those clauses. The new clause also allows a member of the immediate family of a permanent resident who is, or has been, a Subclass 210 visa holder to be proposed by their spouse, parent or child for a Subclass 210 visa provided that, before the grant of the Subclass 210 visa, the relationship had previously been declared to the Department of Immigration.
Subregulation 20.3 substitutes a new clause 210.221 which retains the existing provisions while also requiring an applicant who has applied for a Subclass 210 visa on the basis that they are a member of the immediate family of the holder of a Subclass 210 visa, to also be a member of that person's immediate family at time of decision.
Subregulation 20.4 substitutes new clauses 210.311 and 210.312 which retain the existing provisions while also allowing a member of the immediate family of a person being proposed for a Subclass 210 visa to satisfy the "at time of application" secondary criteria.
Subregulation 20.5 substitutes a new clause 210.321 which retains the existing provisions while also requiring a member of the immediate family of a person being proposed for a Subclass 210 visa to continue to be a member of the immediate family of that person at time of decision.
Regulation 21 - Schedule 2, Part 211 (Burmese in Burma)
Subregulation 21.1 inserts a definition of a "Subclass 211 visa" for the purposes of this Part.
Subregulation 21.2 omits clause 211.212 and retains the provisions of that clause in a new clause 211.211. The new clause also allows a member of the immediate family of a permanent resident who is, or has been, a Subclass 211 visa holder to be proposed by their spouse, parent or child for a Subclass 211 visa provided that, before the grant of the Subclass 211 visa, the relationship had been declared to the Department of Immigration.
Subregulation 21.3 inserts a new clause 211.221A which requires an applicant who has applied for a Subclass 211 visa on the basis that they are a member of the immediate family of the holder of a Subclass 211 visa, to also be a member of that person's immediate family at time of decision.
Subregulation 21.4 adds "spouse" to the fist of persons in subclause 211.222(3) who are near relatives for the purposes of this Part.
Subregulations 21.5 and 21.6 substitute new clauses 211.311 and 211.312 respectively which retain the existing provisions while also allowing a member of the immediate family of a person being proposed for a Subclass 211 visa to satisfy the "at time of application" secondary criteria.
Subregulation 21.7 substitutes a new clause 211.321 which retains the existing provisions while also requiring a member of the immediate family of a person being proposed for a Subclass 211 visa to continue to be a member of the immediate family of that person at time of decision.
Regulation 22 - Schedule 2, Part 212 (Sudanese)
Subregulation 22.1 inserts a definition of a "Subclass 212 visa" for the purposes of this Part.
Subregulation 22.2 omits existing clauses 212.211 and 212.212 and retains those provisions in a new clause 212.211. The new clause also allows a member of the immediate family of a permanent resident who is, or has been, a Subclass 212 visa holder to be proposed by their spouse, parent or child for a Subclass 212 visa provided that, before the grant of the Subclass 212 visa, the relationship had previously been declared to the Department of Immigration.
Subregulation 22.3 adds "spouse" to the fist of persons in subclause clause 212.213 who are near relatives for the purposes of this Part.
Subregulation 22.4 inserts a new clause 212.221A which requires an applicant who has applied for a Subclass 212 visa on the basis that they are a member of the immediate family of the holder of a Subclass 212 visa, to also be a member of that person's immediate family at time of decision.
Subregulation 22.5 substitutes new clauses 212.311 and 212.312. Clause 212.311 retains the existing provisions while also allowing a member of the immediate family of a person being proposed for a Subclass 212 visa to satisfy the "at time of application" secondary criteria.
Subregulation 22.6 substitutes a new clause 212.321 which retains the existing provisions while also requiring a member of the immediate family of a person being proposed for a Subclass 212 visa to continue to be a member of the immediate family of that person at time of decision.
Regulation 23 - Schedule 2, Part 213 (Burmese in Thailand)
Subregulation 23.1 inserts a definition of a "Subclass 213 visa" for the purposes of this Part.
Subregulation 23.2 omits clause 213.212 and retains the provisions in a new clause 213.211. The new clause also allows a member of the immediate family of a permanent resident who is, or has been, a Subclass 213 visa holder to be proposed by their spouse, parent or child for a Subclass 213 visa provided that, before the grant of the Subclass 213 visa, the relationship had previously been declared to the Department of Immigration.
Subregulation 23.3 inserts a new clause 213.221A which requires an applicant who has applied for a Subclass 213 visa on the basis that they are a member of the immediate family of the holder of a Subclass 213 visa, to also be a member of that person's immediate family at time of decision.
Subregulation 23.4 substitutes new clauses 213.311 and 213.312. Clause 213.311 retains the existing provisions while also allowing a member of the immediate family of a person being proposed for a Subclass 213 visa to satisfy the "at time of application" secondary criteria.
Subregulation 23.5 substitutes a new clause 213.321 which retains the existing provisions while also requiring a member of the immediate family of a person being proposed for a Subclass 213 visa to continue to be a member of the immediate family of that person at time of decision.
Regulation 24 - Schedule 2, Part 214 (Cambodian)
Subregulation 24.1 adds "spouse" to the list of persons in clause 214.113 who are near relatives for the purposes of this Part.
Subregulation 24.2 inserts a definition of a "Subclass 214 visa" for the purposes of this Part,
Subregulation 24.3 substitutes a new clause 214.211 which retains the existing provisions while also allowing a member of the immediate family of a permanent resident who is, or has been, a Subclass 214 visa holder to be proposed by their spouse, parent or child for a Subclass 214 visa provided that, before the grant of the Subclass 214 visa, the relationship had previously been declared to the Department of Immigration.
Subregulation 24.4 inserts a new clause 214.221A which requires an applicant who has applied for a Subclass 214 visa on the basis that they are a member of the immediate family of the holder of a Subclass 214 visa, to also be a member of that person's immediate family at time of decision.
Subregulation 24.5 substitutes new clauses 214.311 and 214.312. Clause 214.311 retains the existing provisions while also allowing a member of the immediate family of a person being proposed for a Subclass 214 visa to satisfy the "at time of application" secondary criteria.
Subregulation 24.6 substitutes a new clause 214.321 which retains the existing provisions while also requiring a member of the immediate family of a person being proposed for a Subclass 214 visa to continue to be a member of the immediate family of that person at time of decision.
Regulation 25 - Schedule 2, Part 215 (Sri Lankan (Special Assistance))
Subregulation 25.1 omits existing clauses 215.211, 215.212, 215.213 and 215.214 and retains those provisions in a new clause 215.211. The new provision also allows a member of the immediate family of a permanent resident who is, or has been, a Subclass 215 visa holder to be proposed by their spouse, parent or child for a Subclass 215 visa provided that, before the grant of the Subclass 215 visa, the relationship had previously been declared to the Department of Immigration.
Subregulation 25.2 adds "spouse" to the list of persons in clause 215.215 who are near relatives for the purposes of this Part.
Subregulation 25.3 inserts a new clause 215.221A which requires an applicant who has applied for a Subclass 215 visa on the basis that they are a member of the immediate family of the holder of a Subclass 215 visa, to also be a member of that person's immediate family at time of decision.
Subregulation 25.4 substitutes new clauses 215.311 and 215.312. Clause 215.311 retains the existing provisions while also allowing a member of the immediate family of a person being proposed for a Subclass 215 visa to satisfy the "at time of application" secondary criteria.
Subregulation 25.5 substitutes a new clause 215.321 which retains the existing provisions while also requiring a member of the immediate family of a person being proposed for a Subclass 215 visa to continue to be a member of the immediate family of that person at time of decision.
Regulation 26 - Schedule 2, Part 216 (Ahmadi)
Subregulation 26.1 omits existing clauses 216.211 and 216.212 and retains those provisions in a new clause 216.211. The new clause also allows a member of the immediate family of a permanent resident who is, or has been, a Subclass 216 visa holder to be proposed by their spouse, parent or child for a Subclass 216 visa provided that, before the grant of the Subclass 216 visa, the relationship had previously been declared to the Department of Immigration.
Subregulation 26.2 inserts a new clause 216.221A which requires an applicant who has applied for a Subclass 216 visa on the basis that they are a member of the immediate family of the holder of a Subclass 216 visa, to also be a member of that person's immediate family at time of decision.
Subregulation 26.3 substitutes new clauses 216.311 and 216.312. Clause 216.311 retains the existing provisions while also allowing a member of the immediate family of a person being proposed for a Subclass 216 visa to satisfy the "at time of application" secondary criteria.
Subregulation 26.4 substitutes a new clause 216.321 which retains the existing provisions while also requiring a member of the immediate family of a person being proposed for a Subclass 216 visa to continue to be a member of the immediate family of that person at time of decision.
Regulation 27 - Schedule 2, Part 217 (Vietnamese)
Subregulation 27.1 substitutes a new clause 217.211 which retains the existing provisions while also allowing a member of the immediate family of a permanent resident who is, or has been, a Subclass 217 visa holder to be proposed by their spouse, parent or child for a Subclass 217 visa provided that, before the grant of the Subclass 217 visa, the relationship had previously been declared to the Department of Immigration.
Subregulation 27.2 adds "spouse" to the list of persons in clause 217.212 who are near relatives for the purposes of this Part.
Subregulation 27.3 inserts a new clause 217.221A which requires an applicant who has applied for a Subclass 217 visa on the basis that they are a member of the immediate family of the holder of a Subclass 217 visa, to also be a member of that person's immediate family at time of decision.
Subregulation 27.4 substitutes new clauses 217.311 and 217.312. Clause 217.311 retains the existing provisions while also allowing a member of the immediate family of a person being proposed for a Subclass 217 visa to satisfy the "at time of application" secondary criteria.
Subregulation 27.5 substitutes a new clause 217.321 which retains the existing provisions while also requiring a member of the immediate family of a person being proposed for a Subclass 217 visa to continue to be a member of the immediate family of that person at time of decision.
Regulation 28 - Schedule 2, Part 456 (Business (Short Stay))
New clause 456.511 restructures and amends existing clauses 456.511 and 456.512 to reflect that a $45 charge is payable in relation to both the single entry, short validity Subclass 456 visa and the multiple entry, long validity Subclass 456 visa. New paragraph 456.511(c) provides the delegate with a discretion to determine whether an applicant for a Business (Short Stay), Subclass 456 visa is granted either a single entry short validity visa or a multiple entry, long validity visa.
Regulation 29 - Schedule 2, Part 773 (Border)
This regulation makes consequential amendments to reflect the name change of the Class AJ visa class from "Concessional Family (Migrant)" to "Skilled-Australian Linked Migrant)".
Regulation 30 - Schedule 2, Part 866 (Protection (Residence))
Regulation 30 omits references to (Residence) in the heading for Part 866 and at paragraph 866.222(b) to ensure consistency of the subclass name.
Regulation 31 - Schedule 8A (Amount of partial refund)
Under subregulation 2.121(1), the Minister must make a partial refund of the second instalment of the visa application charge before the applicant commences a course of English language tuition provided under the Immigration (Education) Act 1971, for example where the applicant dies before commencing such a course.
Subregulations 31.1 and 31.2 amend subclauses 8901.1 and 8901.2 respectively to preserve the amount that the Minister is required to refund for applications which were lodged between 1 May 1997 and 30 June 1997 respectively.
Subregulation 31.3 inserts new clause 8902 which sets out the amount of the refund for applications lodged on or after 1 July 1997, so the amount of the refund of the second instalment of the visa application charge is the same amount as that amount which is increased in line with the Government's decision to continue the previously established practice of indexing charges and fees on an annual basis.