Migration Legislation Amendment Regulation 2013 (No 1) [Select Legislative Instrument No 33, 2013] [F2013L00490]-New and continuing matters [2013] AUSStaCSDLM 138 (16 May 2013)

• Migration Legislation Amendment Regulation 2013 (No. 1) [Select Legislative Instrument No. 33, 2013] [F2013L00490]
• Whether any person disadvantaged by administrative error

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Migration Legislation Amendment Regulation 2013 (No. 1) [Select Legislative Instrument No. 33, 2013] [F2013L00490]

Purpose	Amends the Migration Regulations 1994 and the Migration Agents Regulations 1998 to strengthen and improve immigration policy, particularly in relation to Tribunal fees, post-study work arrangements, cancellation of student visas and migration agents
Last day to disallow	26 August 2013
Authorising legislation	Migration Act 1958
Department	Immigration and Citizenship

ISSUE:

Whether any person disadvantaged by administrative error

Items 6 and 7 of Schedule 2 to the instrument effect amendments relating to post-study work arrangements and other matters, including the correction of an incorrect reference in existing subclause 202.222(2), which refers to 'persecution' rather than 'discrimination'. The subclause relates to factors to which the minister is required to have regard in being satisfied that there are compelling reasons for giving special consideration to granting an applicant a permanent visa. The committee's usual approach where an instrument corrects an administrative error, such as in this case, is that the ES for the instrument address the question of whether any person was disadvantaged by the error and, if so, whether and what steps have been taken to address that disadvantage. The committee will therefore seek further information from the minister.