Migration Amendment Regulations 2011 (No. 1)1
Select Legislative Instrument 2011 No. 13
I, PROFESSOR MARIE BASHIR, AC, CVO, Administrator of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Migration Act 1958.
Dated 24 February 2011
MARIE BASHIR
Administrator
By Her Excellency’s Command
CHRIS BOWEN
Minister for Immigration and Citizenship
Contents
1 Name of Regulations 3
2 Commencement 3
3 Amendment of Migration Regulations 1994 — Schedule 1 3
4 Amendment of Migration Regulations 1994 — Schedule 2 4
5 Amendment of Migration Regulations 1994 — Schedule 3 4
Schedule 1 Amendments relating to temporary work sponsorship 5
Schedule 2 Amendments relating to occupational trainees 11
Schedule 3 Amendments relating to public interest criteria 12
1 Name of Regulations
These Regulations are the Migration Amendment Regulations 2011 (No. 1).
2 Commencement
These Regulations commence on 2 April 2011.
3 Amendment of Migration Regulations 1994 — Schedule 1
(1) Schedule 1 amends the Migration Regulations 1994.
(2) The amendments made by Schedule 1 apply in relation to:
(a) an application under the Migration Regulations 1994 for approval of a person as a sponsor made on or after 2 April 2011; and
(b) a nomination of an occupation, a program or an activity made under the Migration Regulations 1994 on or after 2 April 2011.
(3) An instrument, made under a provision mentioned in an item of the following table, that is in force under the Migration Regulations 1994 immediately before 2 April 2011 continues in force on and after that date as described in the item.
Item
An instrument made under this provision of the old Regulations ...
continues in force as if it were an instrument made under this provision of the amended Regulations ...
1
paragraph 2.61 (4) (b)
subparagraph 2.61 (4) (b) (i)
2
paragraph 2.61 (4) (c)
subparagraph 2.61 (4) (c) (i)
3
paragraph 2.61 (6) (b)
subparagraph 2.61 (6) (b) (i)
4
paragraph 2.61 (6) (c)
subparagraph 2.61 (6) (c) (i)
5
subparagraph 2.66A (2) (b) (ii)
sub-subparagraph 2.66A (2) (b) (ii) (A)
6
subparagraph 2.66A (2) (b) (iii)
sub-subparagraph 2.66A (2) (b) (iii) (A)
7
paragraph 2.66A (6) (b)
subparagraph 2.66A (6) (b) (i)
8
paragraph 2.66A (6) (c)
subparagraph 2.66A (6) (c) (i)
9
paragraph 2.73A (5) (b)
subparagraph 2.73A (5) (b) (i)
10
paragraph 2.73A (5) (c)
subparagraph 2.73A (5) (c) (i)
11
paragraph 2.73B (6) (b)
subparagraph 2.73B (6) (b) (i)
12
paragraph 2.73B (6) (c)
subparagraph 2.73B (6) (c) (i)
13
paragraph 2.73C (6) (b)
subparagraph 2.73C (6) (b) (i)
14
paragraph 2.73C (6) (c)
subparagraph 2.73C (6) (c) (i)
(4) In this regulation:
amended Regulations means the Migration Regulations 1994 as amended by these Regulations.
old Regulations means the Migration Regulations 1994 as in force immediately before 2 April 2011.
4 Amendment of Migration Regulations 1994 — Schedule 2
(1) Schedule 2 amends the Migration Regulations 1994.
(2) The amendments made by items [1] and [2] of Schedule 2 apply in relation to a visa application made on or after 2 April 2011.
5 Amendment of Migration Regulations 1994 — Schedule 3
(1) Schedule 3 amends the Migration Regulations 1994.
(2) The amendments made by Schedule 3 apply in relation to an application for a visa:
(a) made, but not finally determined (within the meaning of subsection 5 (9) of the Migration Act 1958), before 2 April 2011; or
(b) made on or after 2 April 2011.
Schedule 1 Amendments relating to temporary work sponsorship
(regulation 3)
[1] Paragraph 2.60B (b)
omit
agency.
insert
agency; or
[2] After paragraph 2.60B (b)
insert
(c) a foreign government agency.
[3] After paragraph 2.60F (b)
insert
(ba) a foreign government agency; or
[4] Regulation 2.60G
omit
the person is a sporting organisation that is lawfully operating in Australia.
insert
the person is:
(a) a sporting organisation that is lawfully operating in Australia; or
(b) a government agency; or
(c) a foreign government agency.
[5] Paragraph 2.60J (b)
omit
agency.
insert
agency; or
[6] After paragraph 2.60J (b)
insert
(c) a foreign government agency.
[7] Subparagraph 2.61 (4) (a) (ii)
omit
legislative
[8] Paragraphs 2.61 (4) (b) and (c)
substitute
(b) by delivering the application by courier service, or otherwise by hand:
(i) to the address specified by the Minister in an instrument in writing for this subparagraph; or
(ii) if no instrument has been made for subparagraph (i) — to an office of Immigration in Australia; or
(c) by faxing the application:
(i) to the fax number specified by the Minister in an instrument in writing for this subparagraph; or
(ii) if no instrument has been made for subparagraph (i) — to an office of Immigration in Australia.
[9] Subparagraph 2.61 (6) (a) (ii)
omit
legislative
[10] Paragraphs 2.61 (6) (b) and (c)
substitute
(b) by delivering the application by courier service, or otherwise by hand:
(i) to the address specified by the Minister in an instrument in writing for this subparagraph; or
(ii) if no instrument has been made for subparagraph (i) — to an office of Immigration in Australia; or
(c) by faxing the application:
(i) to the fax number specified by the Minister in an instrument in writing for this subparagraph; or
(ii) if no instrument has been made for subparagraph (i) — to an office of Immigration in Australia.
[11] Sub-subparagraph 2.66A (2) (b) (i) (B)
omit
legislative
[12] Subparagraphs 2.66A (2) (b) (ii) and (iii)
substitute
(ii) by delivering the application by courier service, or otherwise by hand:
(A) to the address specified by the Minister in an instrument in writing for this sub‑subparagraph; or
(B) if no instrument has been made for sub‑subparagraph (A) — to an office of Immigration in Australia; or
(iii) by faxing the application:
(A) to the fax number specified by the Minister in an instrument in writing for this sub‑subparagraph; or
(B) if no instrument has been made for sub‑subparagraph (A) — to an office of Immigration in Australia.
[13] Subparagraph 2.66A (6) (a) (ii)
omit
legislative
[14] Paragraphs 2.66A (6) (b) and (c)
substitute
(b) by delivering the application by courier service, or otherwise by hand:
(i) to the address specified by the Minister in an instrument in writing for this subparagraph; or
(ii) if no instrument has been made for subparagraph (i) — to an office of Immigration in Australia; or
(c) by faxing the application:
(i) to the fax number specified by the Minister in an instrument in writing for this subparagraph; or
(ii) if no instrument has been made for subparagraph (i) — to an office of Immigration in Australia.
[15] Subparagraph 2.73A (5) (a) (ii)
omit
legislative
[16] Paragraphs 2.73A (5) (b) and (c)
substitute
(b) by delivering the nomination by courier service, or otherwise by hand:
(i) to the address specified by the Minister in an instrument in writing for this subparagraph; or
(ii) if no instrument has been made for subparagraph (i) — to an office of Immigration in Australia; or
(c) by faxing the nomination:
(i) to the fax number specified by the Minister in an instrument in writing for this subparagraph; or
(ii) if no instrument has been made for subparagraph (i) — to an office of Immigration in Australia.
[17] Subparagraph 2.73B (6) (a) (ii)
omit
legislative
[18] Paragraphs 2.73B (6) (b) and (c)
substitute
(b) by delivering the nomination by courier service, or otherwise by hand:
(i) to the address specified by the Minister in an instrument in writing for this subparagraph; or
(ii) if no instrument has been made for subparagraph (i) — to an office of Immigration in Australia; or
(c) by faxing the nomination:
(i) to the fax number specified by the Minister in an instrument in writing for this subparagraph; or
(ii) if no instrument has been made for subparagraph (i) — to an office of Immigration in Australia.
[19] Subparagraph 2.73C (6) (a) (ii)
omit
legislative
[20] Paragraphs 2.73C (6) (b) and (c)
substitute
(b) by delivering the nomination by courier service, or otherwise by hand:
(i) to the address specified by the Minister in an instrument in writing for this subparagraph; or
(ii) if no instrument has been made for subparagraph (i) — to an office of Immigration in Australia; or
(c) by faxing the nomination:
(i) to the fax number specified by the Minister in an instrument in writing for this subparagraph; or
(ii) if no instrument has been made for subparagraph (i) — to an office of Immigration in Australia.
[21] Schedule 1, subitem 1212B (1)
substitute
(1) Form: 1383.
[22] Schedule 1, subitem 1217 (1)
substitute
(1) Form: 1383.
[23] Schedule 1, subitem 1301 (1)
omit
1365 or 1365 (Internet).
insert
1365, 1365 (Internet) or 1383.
[24] Schedule 1, subitems 1303 (1) and 1305 (1)
omit
1276 or 1276 (Internet).
insert
1276, 1276 (Internet) or 1383.
Schedule 2 Amendments relating to occupational trainees
(regulation 4)
[1] Subregulation 1.40 (2)
omit
course or an occupational trainee
insert
course, or an applicant for a Subclass 442 (Occupational Trainee) visa
[2] Paragraph 1.40 (3) (a)
omit
courses or an occupational trainee
insert
courses, or an applicant for a Subclass 442 (Occupational Trainee) visa
[3] Subparagraph 2.03A (3) (a) (iii)
omit
UT
insert
TU
Schedule 3 Amendments relating to public interest criteria
(regulation 5)
[1] Schedule 2, clause 495.220
omit
495.224,
[2] Schedule 2, clause 496.221
omit
496.227
insert
496.228
[3] Schedule 4, Part 1, after clause 4019
insert
4020 (1) There is no evidence before the Minister that the applicant has given, or caused to be given, to the Minister, an officer, the Migration Review Tribunal, a relevant assessing authority or a Medical Officer of the Commonwealth, a bogus document or information that is false or misleading in a material particular in relation to:
(a) the application for the visa; or
(b) a visa that the applicant held in the period of 12 months before the application was made.
(2) The Minister is satisfied that during the period:
(a) starting 3 years before the application was made; and
(b) ending when the Minister makes a decision to grant or refuse the application;
the applicant and each member of the family unit of the applicant has not been refused a visa because of a failure to satisfy the criteria in subclause (1).
(3) To avoid doubt, subclauses (1) and (2) apply whether or not the Minister became aware of the bogus document or information that is false or misleading in a material particular because of information given by the applicant.
(4) The Minister may waive the requirements of any or all of paragraphs (1) (a) or (b) and subclause (2) if satisfied that:
(a) compelling circumstances that affect the interests of Australia; or
(b) compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen;
justify the granting of the visa.
(5) In this clause:
information that is false or misleading in a material particular means information that is:
(a) false or misleading at the time it is given; and
(b) relevant to any of the criteria the Minister may consider when making a decision on an application, whether or not the decision is made because of that information.
Note Regulation 1.03 defines bogus document as having the same meaning as in section 97 of the Act.
[4] Further amendments
Provision
omit
insert
Paragraphs 487.228 (a), 487.230 (d), and 487.324 (a)
4004 and 4010
4004, 4010 and 4020
Clauses 495.225 and 495.322
4005 and 4010
4005, 4010 and 4020
Paragraphs 175.223 (a), 175.225 (d), 175.322 (a), 176.224 (a), 176.226 (d), 176.322 (a), 475.224 (a), 475.226 (d), 475.322 (a), 476.222 (a), 476.224 (d), 476.322 (a), 485.224 (a), 485.226 (d), 485.322 (a), 495.229 (a), 885.224 (a), 885.226 (d), 885.322 (a), 886.225 (a), 886.227 (d) and 886.322 (a)
Paragraphs 887.223 (a), 887.225 (a) and 887.322 (a)
4007 and 4010
4007, 4010 and 4020
Clauses 496.228, 496.324, 880.225, 880.322, 881.228, 881.324, 882.228, 882.229, 882.324 and 883.225
4009 and 4010
4009, 4010 and 4020
Subclauses 880.227 (1) and 881.229 (1)
Paragraphs 119.223 (a), 119.225 (1) (a), 119.322 (a), 121.224 (a), 121.226 (1) (a), 121.322 (a), 496.231 (a), 856.223 (1) (a), 856.225 (1) (a), 856.322 (1) (a), 857.223 (1) (a), 857.225 (1) (a) and 857.322 (1) (a)
Subparagraphs 883.228 (a) (i), 883.228 (a) (ii), 883.324 (a) (i) and 883.324 (a) (ii)
Paragraphs 457.224 (a), 457.227 (1) (a) and 457.325 (a)
4013 and 4014
4013, 4014 and 4020
[5] Further amendments — omissions
The following clauses are omitted:
· 175.222
· 176.223
· 475.223
· 476.221
· 485.223
· 487.227
· 495.224
· 496.227
· 880.224
· 881.226
· 882.226
· 883.223
· 885.223
· 886.224
· 887.222.
Note
1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.
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