Migration Amendment Regulation 2012 (No. 8)1
Select Legislative Instrument 2012 No. 301
I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation under the Migration Act 1958.
Dated 6 December 2012
QUENTIN BRYCE
Governor-General
By Her Excellency’s Command
CHRIS BOWEN
Minister for Immigration and Citizenship
Contents
1 Name of regulation 2
2 Commencement 2
3 Amendment of Migration Regulations 1994 2
Schedule 1 Amendments relating to bridging visas 3
Schedule 2 Amendments relating to visa application charge 10
Schedule 3 Amendments relating to biometric assessment 12
Schedule 4 Amendment relating to transitional arrangements 13
1 Name of regulation
This regulation is the Migration Amendment Regulation 2012 (No. 8).
2 Commencement
This regulation commences on 1 January 2013.
3 Amendment of Migration Regulations 1994
Schedules 1 to 4 amend the Migration Regulations 1994.
Schedule 1 Amendments relating to bridging visas
(section 3)
[1] Schedule 2, subparagraph 010.511 (b) (iii)
substitute
(iii) if the substantive visa application is refused and the holder applies, or purports to apply, for merits review of that refusal:
(A) 28 days after notification by the review authority:
(I) of its decision on the merits review; or
(II) that the application for merits review was not made in accordance with the law governing the making of applications to that review authority; or
(B) if the holder has the right to apply to another review authority for merits review of the decision of the review authority and so applies, or purports to apply—28 days after notification by the other review authority:
(I) of its decision on the merits review; or
(II) that the application for merits review was not made in accordance with the law governing the making of applications to that review authority; or
[2] Schedule 2, subparagraph 020.511 (b) (iii)
substitute
(iii) if the substantive visa application is refused and the holder applies, or purports to apply, for merits review of that refusal:
(A) 28 days after notification by the review authority:
(I) of its decision on the merits review; or
(II) that the application for merits review was not made in accordance with the law governing the making of applications to that review authority; or
(B) if the holder has the right to apply to another review authority for merits review of the decision of the review authority and so applies, or purports to apply—28 days after notification by the other review authority:
(I) of its decision on the merits review; or
(II) that the application for merits review was not made in accordance with the law governing the making of applications to that review authority; or
[3] Schedule 2, subparagraph 030.511 (b) (iii)
substitute
(iii) if the substantive visa application is refused and the holder applies, or purports to apply, for merits review of that refusal:
(A) 28 days after notification by the review authority:
(I) of its decision on the merits review; or
(II) that the application for merits review was not made in accordance with the law governing the making of applications to that review authority; or
(B) if the holder has the right to apply to another review authority for merits review of the decision of the review authority and so applies, or purports to apply—28 days after notification by the other review authority:
(I) of its decision on the merits review; or
(II) that the application for merits review was not made in accordance with the law governing the making of applications to that review authority; or
[4] Schedule 2, subparagraph 050.511 (b) (iii)
substitute
(iii) if the substantive visa application is refused and the holder applies, or purports to apply, for merits review of that refusal:
(A) 28 days after notification by the review authority:
(I) of its decision on the merits review; or
(II) that the application for merits review was not made in accordance with the law governing the making of applications to that review authority; or
(B) if the holder has the right to apply to another review authority for merits review of the decision of the review authority and so applies, or purports to apply—28 days after notification by the other review authority:
(I) of its decision on the merits review; or
(II) that the application for merits review was not made in accordance with the law governing the making of applications to that review authority; or
[5] Schedule 2, clause 050.511D
after
has applied
insert
, or has purported to apply,
[6] Schedule 2, subparagraph 050.511D (b) (i)
substitute
(i) the day the non‑citizen is notified by the review authority:
(A) of its decision on the merits review; or
(B) that the application for merits review was not made in accordance with the law governing the making of applications to that review authority;
[7] Schedule 2, clause 050.513
after
has applied
insert
, or has purported to apply,
[8] Schedule 2, paragraph 050.513 (a)
substitute
(a) 28 days after notification by the review authority:
(i) of its decision on the merits review; or
(ii) that the application for merits review was not made in accordance with the law governing the making of applications to that review authority; or
[9] Schedule 2, clause 050.513B
after
has applied
insert
, or has purported to apply,
[10] Schedule 2, paragraph 050.513B (a)
substitute
(a) 28 days after notification by the review authority:
(i) of its decision on the merits review; or
(ii) that the application for merits review was not made in accordance with the law governing the making of applications to that review authority; or
[11] Schedule 2, clause 050.514
after
has applied
insert
, or has purported to apply,
[12] Schedule 2, paragraph 050.514 (a)
substitute
(a) 28 days after notification by the review authority:
(i) of its decision on the merits review; or
(ii) that the application for merits review was not made in accordance with the law governing the making of applications to that review authority; or
[13] Schedule 2, clause 050.514AB
after
has applied
insert
, or has purported to apply,
[14] Schedule 2, paragraph 050.514AB (a)
substitute
(a) 28 days after the person whose visa was cancelled under section 137J of the Act is notified by the review authority:
(i) of its decision on the merits review; or
(ii) that the application for merits review was not made in accordance with the law governing the making of applications to that review authority; or
[15] Schedule 2, paragraph 051.511 (b)
substitute
(b) if that application is refused and the holder applies, or purports to apply, for merits review of that decision:
(i) 28 days after notification by the review authority:
(A) of its decision on the merits review; or
(B) that the application for merits review was not made in accordance with the law governing the making of applications to that review authority; or
(ii) if the holder has the right to apply to another review authority for merits review of the decision of the review authority and so applies, or purports to apply—28 days after notification by the other review authority:
(A) of its decision on the merits review; or
(B) that the application for merits review was not made in accordance with the law governing the making of applications to that review authority; or
[16] Schedule 2, paragraph 051.513 (1) (b)
substitute
(b) if the protection visa application is refused and the holder applies, or purports to apply, for merits review of that decision:
(i) 28 days after notification by the review authority:
(A) of its decision on the merits review; or
(B) that the application for merits review was not made in accordance with the law governing the making of applications to that review authority; or
(ii) if the holder has the right to apply to another review authority for merits review of the decision of the review authority and so applies, or purports to apply—28 days after notification by the other review authority:
(A) of its decision on the merits review; or
(B) that the application for merits review was not made in accordance with the law governing the making of applications to that review authority; or
Schedule 2 Amendments relating to visa application charge
(section 3)
[1] Schedule 1, subparagraph 1124B (2) (a) (vii)
omit
$3 060
insert
$3 975
[2] Schedule 1, subparagraph 1129 (2) (a) (ii)
omit
$2 060
insert
$2 680
[3] Schedule 1, paragraph 1215 (2) (a)
omit
$2 060
insert
$2 680
[4] Schedule 1, subparagraph 1223A (2) (a) (iii)
omit
$350
insert
$455
[5] Schedule 1, paragraph 1224A (2) (a)
omit
$280
insert
$365
[6] Schedule 1, subitem 1225 (2)
omit
$280
insert
$365
[7] Schedule 1, subparagraph 1229 (2) (a) (i)
omit
$315
insert
$1 250
Schedule 3 Amendments relating to biometric assessment
(section 3)
[1] Paragraph 2.04 (3) (b)
substitute
(b) the personal identifiers mentioned in subregulation (6) are provided:
(i) if the person has been required, by an officer, to provide a personal identifier:
(A) to an officer who is located outside Australia; or
(B) to a person in a class of persons specified by the Minister in an instrument in writing for this sub-subparagraph; or
(ii) in any other case—at a place specified by the Minister in an instrument in writing for this subparagraph.
[2] Subparagraph 2.08AC (4) (a) (ii)
substitute
(ii) the personal identifier mentioned in paragraph (b) is to be provided:
(A) if the person has been required, by an officer, to provide a personal identifier:
(I) to an officer who is located outside Australia; or
(II) to a person in a class of persons specified by the Minister in an instrument in writing for this sub-sub-subparagraph; and
(B) in any other case—at a place specified by the Minister in an instrument in writing for this sub-subparagraph; and
Schedule 4 Amendment relating to transitional arrangements
(section 3)
[1] Schedule 13, after Part 9
insert
Part 10 Amendments made by Migration Amendment Regulation 2012 (No. 8)
1001 Operation of amendments
(1) The amendments of these Regulations made by Schedule 1 to the Migration Amendment Regulation 2012 (No. 8) apply in relation to a bridging visa to which the following apply:
(a) the visa is held on the basis of an application, or a purported application, for merits review;
(b) on 1 January 2013, the final review authority in relation to that merits review had not yet notified the holder of the bridging visa:
(i) of its decision on the merits review; or
(ii) that the application for merits review was not made in accordance with the law governing the making of applications to that review authority.
(2) The amendments of these Regulations made by Schedule 1 to the Migration Amendment Regulation 2012 (No. 8) also apply in relation to a bridging visa that is held on the basis of an application, or a purported application, for merits review made on or after 1 January 2013.
(3) The amendments of these Regulations made by Schedule 1 to the Migration Amendment Regulation 2012 (No. 8) also apply in relation to a bridging visa:
(a) that is held on the basis of an application for a substantive visa:
(i) made, but not finally determined, before 1 January 2013; or
(ii) made on or after 1 January 2013; and
(b) to which subclause (1) or (2) does not apply.
(4) The amendments of these Regulations made by Schedule 2 to the Migration Amendment Regulation 2012 (No. 8) apply in relation to an application for a visa made on or after 1 January 2013.
(5) The amendments of these Regulations made by Schedule 3 to the Migration Amendment Regulation 2012 (No. 8) apply in relation to an application for a visa:
(a) made, but not finally determined, before 1 January 2013; or
(b) made on or after 1 January 2013.
Note
1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.comlaw.gov.au.
