Migration Legislation Amendment Regulations 2009 (No. 2)1
Select Legislative Instrument 2009 No. 116
I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Migration Act 1958, the Immigration (Education) Act 1971 and the Australian Citizenship Act 2007.
Dated 18 June 2009
QUENTIN BRYCE
Governor-General
By Her Excellency’s Command
CHRIS EVANS
Minister for Immigration and Citizenship
Contents
1 Name of Regulations 4
2 Commencement 4
3 Amendment of Migration Regulations 1994 — Schedule 1 4
4 Amendment of Migration Regulations 1994 — Schedule 2 4
5 Amendment of Migration Regulations 1994 — Schedule 3 4
6 Amendment of Migration Regulations 1994 — Schedule 4 5
7 Amendment of Migration Regulations 1994 — Schedule 5 5
8 Amendment of Migration Regulations 1994 — Schedule 6 5
9 Amendment of Migration Regulations 1994 — Schedule 7 5
10 Amendment of Migration Regulations 1994 — Schedule 8 6
11 Amendment of Migration Regulations 1994 — Schedule 9 6
12 Amendment of Migration Regulations 1994 — Schedule 10 6
13 Amendment of Immigration (Education) Regulations 1992 — Schedule 11 7
14 Amendment of Australian Citizenship Regulations 2007 — Schedule 12 7
15 Amendment of Australian Citizenship Regulations 2007 — Schedule 13 7
Schedule 1 Amendment of Migration Regulations 1994 — sponsorship 8
Schedule 2 Amendments of Migration Regulations 1994 — split visa applications 9
Schedule 3 Amendments of Migration Regulations 1994 — technical amendments 11
Schedule 4 Amendments of Migration Regulations 1994 — Subclass 410 visas 14
Schedule 5 Amendments of Migration Regulations 1994 — Approved Destination Status Scheme 15
Schedule 6 Amendments of Migration Regulations 1994 — fees and charges 16
Schedule 7 Amendments of Migration Regulations 1994 — change of sponsorship 23
Schedule 8 Amendments of Migration Regulations 1994 — Witness Protection visas 32
Schedule 9 Amendment of Migration Regulations 1994 — Subclass 050 visas 39
Schedule 10 Amendment of Migration Regulations 1994 — Subclass 462 visas 40
Schedule 11 Amendments of Immigration (Education) Regulations 1992 — fees and charges 41
Schedule 12 Amendments of Australian Citizenship Regulations 2007 — fees and charges 42
Schedule 13 Amendments of Australian Citizenship Regulations 2007 — fees and charges 43
1 Name of Regulations
These Regulations are the Migration Legislation Amendment Regulations 2009 (No. 2).
2 Commencement
These Regulations commence as follows:
(a) on 27 June 2009 — regulations 1 to 3 and Schedule 1;
(b) on 1 July 2009 — the remainder.
3 Amendment of Migration Regulations 1994 — Schedule 1
(1) Schedule 1 amends the Migration Regulations 1994.
(2) The amendment made by Schedule 1 applies in relation to an application for approval as a standard business sponsor:
(a) made on or after 27 June 2009; or
(b) made, but not finally determined (within the meaning of subsection 5 (9) of the Migration Act 1958), before 27 June 2009.
4 Amendment of Migration Regulations 1994 — Schedule 2
(1) Schedule 2 amends the Migration Regulations 1994.
(2) The amendments made by Schedule 2 apply in relation to an application for a visa made on or after 1 July 2009.
5 Amendment of Migration Regulations 1994 — Schedule 3
Schedule 3 amends the Migration Regulations 1994.
Note There are no transitional arrangements for this Schedule.
6 Amendment of Migration Regulations 1994 — Schedule 4
(1) Schedule 4 amends the Migration Regulations 1994.
(2) The amendments made by Schedule 4 apply in relation to an application for a visa made on or after 1 July 2009.
7 Amendment of Migration Regulations 1994 — Schedule 5
(1) Schedule 5 amends the Migration Regulations 1994.
(2) The amendments made by Schedule 5 apply in relation to an application for a visa:
(a) made on or after 1 July 2009; or
(b) made, but not finally determined (within the meaning of subsection 5 (9) of the Migration Act 1958), before 1 July 2009.
8 Amendment of Migration Regulations 1994 — Schedule 6
(1) Schedule 6 amends the Migration Regulations 1994.
(2) The amendments made by Schedule 6 apply in relation to a matter for which an obligation to pay a fee is incurred on or after 1 July 2009.
9 Amendment of Migration Regulations 1994 — Schedule 7
(1) Schedule 7 amends the Migration Regulations 1994.
(2) The amendments made by Schedule 7 apply in relation to an application for a visa:
(a) made on or after 1 July 2009; or
(b) made, but not finally determined (within the meaning of subsection 5 (9) of the Migration Act 1958), before 1 July 2009.
10 Amendment of Migration Regulations 1994 — Schedule 8
(1) Schedule 8 amends the Migration Regulations 1994.
(2) The amendments made by Schedule 8 apply in relation to:
(a) an application for a visa made on or after 1 July 2009; and
(b) an application for a visa (other than a Witness Protection (Trafficking) (Temporary) (Class UM) visa) made, but not finally determined (within the meaning of subsection 5 (9) of the Migration Act 1958), before 1 July 2009.
(3) The amendments made by Schedule 8 do not apply in relation to an application for a Witness Protection (Trafficking) (Temporary) (Class UM) visa made, but not finally determined (within the meaning of subsection 5 (9) of the Migration Act 1958), before 1 July 2009.
11 Amendment of Migration Regulations 1994 — Schedule 9
(1) Schedule 9 amends the Migration Regulations 1994.
(2) The amendment made by Schedule 9 applies in relation to an application for a visa made on or after 1 July 2009.
12 Amendment of Migration Regulations 1994 — Schedule 10
(1) Schedule 10 amends the Migration Regulations 1994.
(2) The amendment made by Schedule 10 applies in relation to an application for a Subclass 462 (Work and Holiday) visa:
(a) made on or after 1 July 2009; or
(b) made, but not finally determined (within the meaning of subsection 5 (9) of the Migration Act 1958), before 1 July 2009.
13 Amendment of Immigration (Education) Regulations 1992 — Schedule 11
(1) Schedule 11 amends the Immigration (Education) Regulations 1992.
(2) The amendments made by Schedule 11 apply in relation to an enrolment in a prescribed English course on or after 1 July 2009.
14 Amendment of Australian Citizenship Regulations 2007 — Schedule 12
(1) Schedule 12 amends the Australian Citizenship Regulations 2007.
(2) The amendments made by Schedule 12 apply in relation to an application made under Part 2 of the Australian Citizenship Act 2007 on or after 1 July 2009.
15 Amendment of Australian Citizenship Regulations 2007 — Schedule 13
(1) Schedule 13 amends the Australian Citizenship Regulations 2007.
(2) The amendments made by Schedule 13 apply in relation to an application made under the Australian Citizenship Act 2007 on or after 1 July 2009.
Schedule 1 Amendment of Migration Regulations 1994 — sponsorship
(regulation 3)
[1] After paragraph 1.20D (2) (c)
insert
(ca) the applicant for approval has attested in writing that the applicant has a strong record of, or a demonstrated commitment to:
(i) employing local labour; and
(ii) non-discriminatory employment practices; and
Schedule 2 Amendments of Migration Regulations 1994 — split visa applications
(regulation 4)
[1] After regulation 1.20K
insert
1.20KA Limitation on approval of sponsorship — partner (provisional or temporary) or prospective marriage (temporary) visas
(1) This regulation applies if:
(a) a person is granted a specified visa on or after 1 July 2009; and
(b) the person seeks approval to sponsor the relevant applicant on or after 1 July 2009; and
(c) the person was the spouse or de facto partner of the relevant applicant on or before the day the specified visa was granted to the person.
(2) The Minister must not approve sponsorship by the person of the relevant applicant within 5 years after the day when the person was granted the specified visa.
(3) Despite subregulation (2), the Minister may approve sponsorship by the person of the relevant applicant:
(a) if the relevant applicant had compelling reasons, other than reasons related to his or her financial circumstances, for not applying for a specified visa at the same time as the person applied for his or her specified visa; or
(b) if:
(i) the relevant applicant applied for a specified visa at the same time as the sponsor; and
(ii) the relevant applicant withdrew the application for the specified visa before it was granted; and
(iii) the relevant applicant had compelling reasons, other than reasons related to his or her financial circumstances, for withdrawing the application for the specified visa.
(4) In this regulation:
relevant applicant means the applicant for:
(a) a Partner (Provisional) (Class UF) visa; or
(b) a Partner (Temporary) (Class UK) visa; or
(c) a Prospective Marriage (Temporary) (Class TO) visa.
specified visa means:
(a) a Subclass 143 (Contributory Parent) visa; or
(b) a Subclass 864 (Contributory Aged Parent) visa.
[2] Schedule 2, clauses 300.222, 309.222 and 820.221A, note
substitute
Note For limitations on the Minister’s discretion to approve sponsorships, see regulations 1.20J and 1.20KA.
Schedule 3 Amendments of Migration Regulations 1994 — technical amendments
(regulation 5)
[1] Schedule 2, subclauses 405.227 (2) and (3)
omit
Gazette Notice
insert
instrument in writing
[2] Schedule 2, subclauses 405.228 (2) and (3)
omit
Gazette Notice
insert
instrument in writing
[3] Further amendments — Gazette Notice
The following provisions are amended by omitting ‘a Gazette notice’ and inserting ‘an instrument in writing’:
· subregulation 3.10A (1)
· paragraphs 3.10A (2) (a), (b) and (c)
· Schedule 1, subparagraphs 1118A (3) (a) (i) and (ii)
· Schedule 1, subparagraphs 1212B (3) (a) (i) and (ii)
· Schedule 1, subparagraphs 1217 (3) (a) (i) and (ii)
· Schedule 1, subparagraph 1218 (1) (b) (iii)
· Schedule 1, paragraph 1218 (3) (d)
· Schedule 1, subparagraphs 1222 (1) (aa) (i) and (ii)
· Schedule 2, subparagraph 580.112 (e) (vi)
· Schedule 2, subparagraph 580.113 (e) (vi)
· Schedule 2, paragraphs 676.214 (a) and (b)
· Schedule 5A, sub-subparagraph 5A204 (c) (ii) (A)
· Schedule 5A, sub-subparagraph 5A204 (c) (iv) (A)
· Schedule 5A, sub-subparagraph 5A204 (c) (vi) (A)
· Schedule 5A, subclause 5A205 (2), definition of funds from an acceptable source, subparagraph (b) (vi)
· Schedule 5A, subclause 5A208 (2), definition of funds from an acceptable source, subparagraph (d) (vii)
· Schedule 5A, subclause 5A305 (2), definition of funds from an acceptable source, subparagraph (d) (vi)
· Schedule 5A, subparagraph 5A308 (2) (d) (vii)
· Schedule 5A, sub-subparagraph 5A404 (d) (ii) (A)
· Schedule 5A, sub-subparagraph 5A404 (d) (iv) (A)
· Schedule 5A, sub-subparagraph 5A404 (d) (vi) (A)
· Schedule 5A, subclause 5A405 (2), definition of funds from an acceptable source, subparagraph (b) (vii)
· Schedule 5A, sub-subparagraph 5A407 (d) (ii) (A)
· Schedule 5A, sub-subparagraph 5A407 (d) (iv) (A)
· Schedule 5A, sub-subparagraph 5A407 (d) (vi) (A)
· Schedule 5A, subclause 5A408 (2), definition of funds from an acceptable source, subparagraph (d) (vii)
· Schedule 5A, sub-subparagraph 5A504 (1) (d) (ii) (A)
· Schedule 5A, sub-subparagraph 5A504 (1) (d) (iv) (A)
· Schedule 5A, sub-subparagraph 5A504 (1) (d) (vi) (A)
· Schedule 5A, subclause 5A505 (2), definition of funds from an acceptable source, subparagraph (d) (vii)
· Schedule 5A, sub-subparagraph 5A506 (d) (ii) (A)
· Schedule 5A, subparagraph 5A506 (g) (i)
· Schedule 5A, sub-subparagraph 5A507 (1) (d) (ii) (A)
· Schedule 5A, sub-subparagraph 5A507 (1) (d) (iv) (A)
· Schedule 5A, sub-subparagraph 5A507 (1) (d) (vi) (A)
· Schedule 5A, subclause 5A508 (2), definition of funds from an acceptable source, subparagraph (e) (vii)
· Schedule 5A, sub-subparagraph 5A509 (d) (ii) (A)
· Schedule 5A, subparagraph 5A509 (g) (i)
· Schedule 5A, sub-subparagraph 5A604 (2) (d) (ii) (A)
· Schedule 5A, sub-subparagraph 5A604 (2) (d) (iv) (A)
· Schedule 5A, sub-subparagraph 5A604 (2) (d) (vi) (A)
· Schedule 5A, subclause 5A605 (2), definition of funds from an acceptable source, subparagraph (d) (vii)
· Schedule 5A, sub-subparagraph 5A607 (2) (d) (ii) (A)
· Schedule 5A, sub-subparagraph 5A607 (2) (d) (iv) (A)
· Schedule 5A, sub-subparagraph 5A607 (2) (d) (vi) (A)
· Schedule 5A, subclause 5A608 (2), definition of funds from an acceptable source, subparagraph (d) (vii)
· Schedule 5A, sub-subparagraph 5A704 (d) (ii) (A)
· Schedule 5A, sub-subparagraph 5A704 (d) (iv) (A)
· Schedule 5A, sub-subparagraph 5A704 (d) (vi) (A)
· Schedule 5A, subclause 5A705 (2), definition of funds from an acceptable source, subparagraph (b) (vi)
· Schedule 5A, sub-subparagraph 5A707 (d) (ii) (A)
· Schedule 5A, sub-subparagraph 5A707 (d) (iv) (A)
· Schedule 5A, sub-subparagraph 5A707 (d) (vi) (A)
· Schedule 5A, subclause 5A708 (2), definition of funds from an acceptable source, subparagraph (d) (vii)
· Schedule 5B, subclause 5B201 (3), definition of funds from an acceptable source, subparagraph (d) (vii)
· Schedule 5B, subclause 5B202 (3), definition of funds from an acceptable source, subparagraph (d) (vii)
· Schedule 5B, subclause 5B301 (3), definition of funds from an acceptable source, subparagraph (d) (vii)
· Schedule 5B, subclause 5B302 (3), definition of funds from an acceptable source, subparagraph (d) (vii).
Schedule 4 Amendments of Migration Regulations 1994 — Subclass 410 visas
(regulation 6)
[1] Schedule 1, sub-subparagraph 1217 (2) (a) (i) (A)
omit
1 March 2003
insert
1 July 2009
[2] Schedule 2, clause 410.611
omit
[3] Schedule 2, after clause 410.612
insert
Note There are no mandatory conditions.
Schedule 5 Amendments of Migration Regulations 1994 — Approved Destination Status Scheme
(regulation 7)
[1] Subparagraph 1.18 (2) (b) (ii)
omit
Minister.
insert
Minister;
[2] After paragraph 1.18 (2) (b)
insert
(c) a set of questions in a form that:
(i) is stored in an electronic format; and
(ii) is approved by the Minister for use in making an application for the visa.
[3] Schedule 1, subparagraph 1218 (1) (b) (iv)
omit
48G.
insert
48G or 48G (electronic).
Schedule 6 Amendments of Migration Regulations 1994 — fees and charges
(regulation 8)
[1] Amendments
Provision
omit
insert
General regulations
Subregulation 1.20C (3)
$285
$345
Paragraph 1.20G (5) (a)
$60
$70
Paragraph 1.20G (5) (b)
$280
$340
Paragraph 1.20G (5) (c)
$280
$340
Paragraph 1.20G (5) (d)
$60
$70
Subregulation 1.20GA (4)
$280
$340
Subregulation 1.20GA (5)
$60
$70
Subregulation 1.20N (3)
$1 145
$1 370
Subregulation 5.37 (1)
$370
$445
Paragraph 5.38 (2) (a)
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$3 300
Paragraph 5.38 (2) (b)
$275
$330
Schedule 1
Paragraph 1104AA (2) (a)
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Sub-subparagraph 1104AA (2) (b) (i) (C)
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Sub-subparagraph 1104AA (2) (b) (ii) (C)
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Paragraph 1104A (2) (a)
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Sub-subparagraph 1104A (2) (b) (i) (C)
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Sub-subparagraph 1104A (2) (b) (ii) (C)
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$3 510
Subparagraph 1104B (2) (a) (i)
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$230
Subparagraph 1104B (2) (a) (ii)
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$1 410
Sub-subparagraph 1104B (2) (b) (i) (E)
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$3 510
Subparagraph 1108 (2) (a) (ii)
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$1 040
Subparagraph 1108 (2) (a) (iii)
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$1 705
Subparagraph 1108A (2) (a) (ii)
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Subparagraph 1108A (2) (a) (v)
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Subparagraph 1111 (2) (a) (i)
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Paragraph 1112 (2) (a)
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Subparagraph 1112 (2) (b) (i)
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Paragraph 1113 (2) (a)
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Subparagraph 1113 (2) (b) (i)
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Subparagraph 1114 (2) (a) (iii)
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Sub-subparagraph 1114 (2) (b) (i) (C)
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Sub-subparagraph 1114 (2) (b) (ii) (C)
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Subparagraph 1114 (2) (b) (iv)
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$1 660
Sub-subparagraph 1114A (2) (a) (ii) (C)
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Subparagraph 1114A (2) (a) (v)
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Sub-subparagraph 1114A (2) (b) (i) (C)
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Sub-subparagraph 1114A (2) (b) (ii) (C)
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Sub-sub-subparagraph 1114A (2) (b) (iv) (D) (III)
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Subparagraph 1118A (2) (a) (i)
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Subparagraph 1118A (2) (a) (ii)
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Subparagraph 1118A (2) (b) (i)
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Subparagraph 1121 (2) (a) (iii)
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Sub-subparagraph 1121 (2) (b) (i) (C)
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Sub-subparagraph 1121 (2) (b) (ii) (C)
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$3 510
Subparagraph 1121 (2) (b) (v)
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$1 660
Subparagraph 1121A (2) (a) (iv)
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Sub-subparagraph 1121A (2) (b) (i) (C)
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Sub-subparagraph 1121A (2) (b) (ii) (C)
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Subparagraph 1123A (2) (a) (i)
$870
$1 040
Subparagraph 1123A (2) (a) (ii)
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Subparagraph 1123A (2) (b) (ii)
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Subparagraph 1123B (2) (a) (i)
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Subparagraph 1123B (2) (a) (ii)
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Subparagraph 1123B (2) (b) (ii)
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$1 480
Paragraph 1124 (2) (a)
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Paragraph 1124A (2) (a)
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Subparagraph 1124B (2) (a) (ii)
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Sub-subparagraph 1124B (2) (a) (iii) (D)
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Sub-subparagraph 1124B (2) (a) (iv) (C)
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Sub-subparagraph 1124B (2) (a) (v) (C)
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Sub-subparagraph 1124B (2) (a) (vi) (D)
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$1 040
Subparagraph 1124B (2) (a) (vii)
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Subparagraph 1128 (2) (a) (i)
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Subparagraph 1128 (2) (a) (ii)
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Subparagraph 1128AA (2) (b) (i)
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$2 465
Subparagraph 1128AA (2) (b) (ii)
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Subparagraph 1128B (2) (a) (ii)
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Subparagraph 1128B (2) (b) (i)
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Paragraph 1128BA (2) (a)
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Subparagraph 1128BA (2) (b) (i)
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$3 510
Subparagraph 1128C (2) (a) (ii)
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$230
Subparagraph 1128C (2) (a) (iii)
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$2 525
Subparagraph 1128C (2) (b) (i)
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Paragraph 1128CA (2) (a)
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Subparagraph 1128CA (2) (b) (i)
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Paragraph 1128D (2) (a)
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Subparagraph 1128D (2) (b) (i)
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Subparagraph 1129 (2) (a) (ii)
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$1 705
Subparagraph 1130 (2) (a) (i)
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Sub-subparagraph 1130 (2) (a) (ia) (B)
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Subparagraph 1130 (2) (a) (ib)
$195
$230
Subparagraph 1130 (2) (a) (ic)
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$1 705
Subparagraph 1130 (2) (a) (iii)
$1 420
$1 705
Subparagraph 1130 (2) (b) (i)
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$13 730
Sub-sub-subparagraph 1130 (2) (b) (ia) (A) (III)
$13 090
$13 730
Subparagraph 1130 (2) (b) (iia)
$13 090
$13 730
Subparagraph 1130 (2) (b) (iib)
$11 850
$12 430
Sub-subparagraph 1130 (2) (b) (iii) (B)
$1 415
$1 485
Subparagraph 1130 (2) (b) (iv)
$32 725
$34 330
Subparagraph 1130A (2) (a) (ii)
$195
$230
Sub-subparagraph 1130A (2) (a) (iia) (B)
$195
$230
Subparagraph 1130A (2) (a) (iib)
$195
$230
Subparagraph 1130A (2) (a) (iic)
$2 105
$2 525
Subparagraph 1130A (2) (a) (iii)
$2 105
$2 525
Subparagraph 1130A (2) (b) (i)
$13 090
$13 730
Sub-sub-subparagraph 1130A (2) (b) (ia) (A) (III)
$13 090
$13 730
Subparagraph 1130A (2) (b) (iia)
$13 090
$13 730
Subparagraph 1130A (2) (b) (iib)
$11 155
$11 700
Sub-subparagraph 1130A (2) (b) (iii) (B)
$1 415
$1 485
Subparagraph 1130A (2) (b) (iv)
$32 725
$34 330
Paragraph 1134 (2) (a)
$195
$230
Sub-subparagraph 1134 (2) (b) (i) (D)
$2 925
$3 510
Sub-subparagraph 1134 (2) (b) (ii) (C)
$2 925
$3 510
Paragraph 1135 (2) (a)
$2 105
$2 525
Sub-subparagraph 1135 (2) (b) (i) (B)
$2 925
$3 510
Sub-sub-subparagraph 1136 (2) (a) (i) (E) (II)
$195
$230
Subparagraph 1136 (2) (a) (ii)
$2 105
$2 525
Sub-subparagraph 1136 (2) (b) (i) (C)
$2 925
$3 510
Paragraph 1202A (2) (a)
$2 800
$3 360
Sub-subparagraph 1202A (2) (b) (i) (C)
$5 865
$7 040
Sub-subparagraph 1202A (2) (b) (ii) (C)
$2 925
$3 510
Subparagraph 1205 (2) (a) (iv)
$2 500
$2 600
Subparagraph 1205 (2) (a) (iva)
$2 500
$2 600
Subparagraph 1205 (2) (a) (v)
$250
$260
Paragraph 1207 (2) (a)
$250
$260
Subparagraph 1208 (2) (a) (ii)
$250
$260
Subparagraph 1208A (2) (a) (i)
$75
$90
Subparagraph 1211 (2) (a) (ii)
$155
$185
Paragraph 1212A (2) (a)
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$230
Paragraph 1212B (2) (a)
$195
$230
Paragraph 1212B (2) (b)
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$10 440
Paragraph 1214AA (2) (a)
$250
$260
Sub-subparagraph 1214A (2) (a) (i) (A)
$45
$55
Sub-sub-subparagraph 1214A (2) (a) (i) (B) (II)
$45
$55
Subparagraph 1214A (2) (a) (ii)
$190
$225
Paragraph 1214BA (2) (a)
$195
$230
Paragraph 1215 (2) (a)
$1 420
$1 705
Subparagraph 1216A (2) (a) (ii)
$2 415
$2 900
Sub-subparagraph 1216A (2) (b) (i) (D)
$5 345
$6 415
Sub-subparagraph 1216A (2) (b) (ii) (D)
$2 680
$3 215
Sub-subparagraph 1216A (2) (b) (iii) (C)
$2 680
$3 215
Subparagraph 1217 (2) (a) (ii)
$250
$260
Subparagraph 1217A (2) (a) (i)
$100
$105
Sub-subparagraph 1218 (2) (a) (ii) (A)
$100
$105
Sub-subparagraph 1218 (2) (a) (ii) (B)
$240
$250
Subparagraph 1218A (2) (a) (i)
$195
$230
Subparagraph 1218A (2) (a) (ii)
$195
$230
Subparagraph 1218A (2) (a) (iii)
$2 105
$2 525
Sub-subparagraph 1218A (2) (b) (i) (D)
$2 925
$3 510
Sub-subparagraph 1218A (2) (b) (ii) (C)
$2 925
$3 510
Paragraph 1220B (2) (a)
$250
$260
Subparagraph 1221 (2) (a) (iii)
$1 420
$1 705
Sub-subparagraph 1221 (2) (b) (i) (B)
$1 415
$1 485
Subparagraph 1221 (2) (b) (iii)
$19 635
$20 595
Subparagraph 1221A (2) (a) (iii)
$2 105
$2 525
Sub-subparagraph 1221A (2) (b) (i) (B)
$1 415
$1 485
Subparagraph 1221A (2) (b) (iii)
$19 635
$20 595
Subparagraph 1222 (2) (a) (ii)
$60
$70
Subparagraph 1222 (2) (a) (iv)
$450
$540
Subparagraph 1223A (2) (a) (i)
$100
$105
Subparagraph 1223A (2) (a) (iii)
$250
$260
Paragraph 1224A (2) (a)
$195
$230
Subitem 1225 (2)
$195
$230
Subparagraph 1226 (2) (a) (ii)
$195
$230
Subparagraph 1226 (2) (a) (iii)
$2 105
$2 525
Sub-subparagraph 1226 (2) (b) (i) (D)
$2 925
$3 510
Sub-subparagraph 1226 (2) (b) (ii) (C)
$2 925
$3 510
Subparagraph 1228 (2) (a) (i)
$2 105
$2 525
Subparagraph 1228 (2) (a) (ii)
$195
$230
Sub-subparagraph 1228 (2) (b) (i) (C)
$2 925
$3 510
Subparagraph 1229 (2) (a) (i)
$195
$230
Sub-subparagraph 1229 (2) (a) (ii) (D)
$195
$230
Subparagraph 1229 (2) (a) (iii)
$2 105
$2 525
Sub-subparagraph 1229 (2) (b) (i) (D)
$2 925
$3 510
Paragraph 1302 (2) (a)
$75
$90
Schedule 7 Amendments of Migration Regulations 1994 — change of sponsorship
(regulation 9)
[1] Subregulation 1.20K (1)
substitute
(1) The Minister must not grant a Subclass 115 visa or Subclass 835 visa to an applicant (who is making the current application) if:
(a) a Subclass 104 visa, a Subclass 115 visa, a Subclass 806 visa or a Subclass 835 visa has previously been granted to the person (person S) who is the sponsor of the applicant at the time of decision in relation to the current application; or
(b) a Subclass 104 visa, a Subclass 115 visa, a Subclass 806 visa or a Subclass 835 visa has previously been granted to another person (who made the previous application):
(i) who was sponsored or nominated by person S at the time of the decision in relation to the previous application; and
(ii) on the basis of sponsorship or nomination by person S.
[2] Schedule 2, clauses 103.222 and 103.223
substitute
103.222 A sponsorship of the kind mentioned in clause 103.212, approved by the Minister, is in force, whether or not the sponsor was the sponsor at the time of application.
Note The applicant may seek the Minister’s approval for a change of sponsor as long as the new sponsor meets the description in clause 103.212.
[3] Schedule 2, clause 103.312
substitute
103.312 A sponsorship of the kind mentioned in clause 103.212 of the person who satisfies the primary criteria, approved by the Minister:
(a) is in force; and
(b) includes sponsorship of the applicant.
[4] Schedule 2, clause 103.322
substitute
103.322 A sponsorship of the kind mentioned in clause 103.212 of the person who satisfies the primary criteria, approved by the Minister:
(a) is in force; and
(b) includes sponsorship of the applicant;
whether or not the sponsor was the sponsor when the Minister first approved a sponsorship.
[5] Schedule 2, clause 115.222
substitute
115.222 A sponsorship of the kind mentioned in clause 115.212, approved by the Minister, is in force, whether or not the sponsor was the sponsor at the time of application.
Note The applicant may seek the Minister’s approval for a change of sponsor as long as the new sponsor meets the description in clause 115.212.
[6] Schedule 2, clause 115.312
substitute
115.312 A sponsorship of the kind mentioned in clause 115.212 of the person who satisfies the primary criteria, approved by the Minister:
(a) is in force; and
(b) includes sponsorship of the applicant.
[7] Schedule 2, clause 115.322
substitute
115.322 A sponsorship of the kind mentioned in clause 115.212 of the person who satisfies the primary criteria, approved by the Minister:
(a) is in force; and
(b) includes sponsorship of the applicant;
whether or not the sponsor was the sponsor at the time of application.
[8] Schedule 2, paragraph 143.212 (4) (a)
substitute
(a) the applicant:
(i) is the holder of a Subclass 173 (Contributory Parent (Temporary)) visa at the time of application; or
(ii) both:
(A) was the holder of a Subclass 173 (Contributory Parent (Temporary)) visa; and
(B) is the holder of a substituted Subclass 676 visa at the time of application; and
[9] Schedule 2, clauses 143.222 and 143.223
substitute
143.222 If a sponsorship of the kind mentioned in subclause 143.212 (2) or (3) was in force in relation to the applicant at the time of application, a sponsorship of that kind, approved by the Minister, is in force in relation to:
(a) the sponsor at the time of application; or
(b) another sponsor who meets the requirements set out in subclause 143.212 (2) or (3);
whether or not the sponsor was the sponsor at the time of application.
Note The applicant may seek the Minister’s approval for a change of sponsor as long as the new sponsor meets the description in subclause 143.212 (2) or (3).
143.222A If clause 143.222 does not apply:
(a) the applicant was the holder of a Subclass 173 (Contributory Parent (Temporary)) visa at the time of application; and
(b) a sponsor of the applicant who usually resides in Australia dies before a decision is made to grant, or to refuse to grant, the Subclass 143 (Contributory Parent) visa; and
(c) there is no other sponsor available who meets the requirements set out in subclause 143.212 (2) or (3).
[10] Schedule 2, clauses 173.222 and 173.223
substitute
173.222 A sponsorship of the kind mentioned in clause 173.212, approved by the Minister, is in force, whether or not the sponsor was the sponsor at the time of application.
Note The applicant may seek the Minister’s approval for a change of sponsor as long as the new sponsor meets the description in clause 173.212.
[11] Schedule 2, clause 173.312
substitute
173.312 A sponsorship of the kind mentioned in clause 173.212 of the person who satisfies the primary criteria, approved by the Minister:
(a) is in force; and
(b) includes sponsorship of the applicant.
[12] Schedule 2, clause 173.322
substitute
173.322 A sponsorship of the kind mentioned in clause 173.212 of the person who satisfies the primary criteria, approved by the Minister:
(a) is in force; and
(b) includes sponsorship of the applicant;
whether or not the sponsor was the sponsor at the time of application.
[13] Schedule 2, after clause 804.213
insert
804.214 If the applicant is not the holder of a substituted Subclass 676 visa, the applicant satisfies the balance of family test.
[14] Schedule 2, clauses 804.222 and 804.223
substitute
804.222 A sponsorship of the kind mentioned in clause 804.212 is in force, whether or not the sponsor was the sponsor at the time of application.
Note The applicant may seek the Minister’s approval for a change of sponsor as long as the new sponsor meets the description in clause 804.212.
[15] Schedule 2, clause 804.312
substitute
804.312 A sponsorship of the kind mentioned in clause 804.212 of the person who satisfies the primary criteria, approved by the Minister:
(a) is in force; and
(b) includes sponsorship of the applicant.
[16] Schedule 2, clause 804.325
substitute
804.325 A sponsorship of the kind mentioned in clause 804.212 of the person who satisfies the primary criteria, approved by the Minister:
(a) is in force; and
(b) includes sponsorship of the applicant;
whether or not the sponsor was the sponsor at the time of application.
[17] Schedule 2, clause 835.227
substitute
835.227 A sponsorship of the kind mentioned in clause 835.213, approved by the Minister, is in force, whether or not the sponsor was the sponsor at the time of application.
Note The applicant may seek the Minister’s approval for a change of sponsor as long as the new sponsor meets the description in clause 835.213.
[18] Schedule 2, clause 835.312
substitute
835.312 A sponsorship of the kind mentioned in clause 835.213 of the person who satisfies the primary criteria, approved by the Minister:
(a) is in force; and
(b) includes sponsorship of the applicant.
[19] Schedule 2, clause 835.325
substitute
835.325 A sponsorship of the kind mentioned in clause 835.213 of the person who satisfies the primary criteria, approved by the Minister:
(a) is in force; and
(b) includes sponsorship of the applicant;
whether or not the sponsor was the sponsor at the time of application.
[20] Schedule 2, paragraph 864.213 (4) (a)
substitute
(a) the applicant:
(i) is the holder of a Subclass 884 (Contributory Aged Parent (Temporary)) visa at the time of application; or
(ii) both:
(A) was the holder of a Subclass 884 (Contributory Aged Parent (Temporary)) visa; and
(B) is the holder of a substituted Subclass 676 visa at the time of application; and
[21] Schedule 2, clause 864.222
substitute
864.222 If a sponsorship of the kind mentioned in subclause 864.212 (2) or (3) was in force in relation to the applicant at the time of application, a sponsorship of that kind, approved by the Minister, is in force in relation to:
(a) the sponsor at the time of application; or
(b) another sponsor who meets the requirements set out in subclause 864.212 (2) or (3);
whether or not the sponsor was the sponsor at the time of application.
Note The applicant may seek the Minister’s approval for a change of sponsor as long as the new sponsor meets the description in subclause 864.212 (2) or (3).
864.222A If clause 864.222 does not apply:
(a) the applicant was the holder of a Subclass 884 (Contributory Aged Parent (Temporary)) visa at the time of application; and
(b) a sponsor of the applicant who usually resides in Australia dies before a decision is made to grant, or to refuse to grant, the Subclass 864 (Contributory Aged Parent) visa; and
(c) there is no other sponsor available who meets the requirements set out in subclause 864.212 (2) or (3).
[22] Schedule 2, clause 864.223, table, item 1, column 3
substitute
public interest criteria 4001, 4002, 4003, 4004, 4005, 4009, 4010 and 4019
[23] Schedule 2, clauses 884.222 and 884.223
substitute
884.222 A sponsorship of the kind mentioned in clause 884.212, approved by the Minister, is in force, whether or not the sponsor was the sponsor at the time of application.
Note The applicant may seek the Minister’s approval for a change of sponsor as long as the new sponsor meets the description in clause 884.212.
[24] Schedule 2, clause 884.312
substitute
884.312 A sponsorship of the kind mentioned in clause 884.212 of the person who satisfies the primary criteria, approved by the Minister:
(a) is in force; and
(b) includes sponsorship of the applicant.
[25] Schedule 2, paragraph 884.322 (a)
substitute
(a) a sponsorship of the kind mentioned in clause 884.212 of the person who satisfies the primary criteria, approved by the Minister:
(i) is in force; and
(ii) includes sponsorship of the applicant;
whether or not the sponsor was the sponsor at the time of application.
Schedule 8 Amendments of Migration Regulations 1994 — Witness Protection visas
(regulation 10)
[1] Subregulation 1.12AA (2)
omit
[2] Regulation 2.07AJ
omit
[3] Paragraph 2.07AK (3) (b)
omit
[4] Paragraph 2.07AK (3) (c)
after
Attorney-General
insert
(or a person authorised by the Attorney-General)
[5] Subparagraphs 2.07AK (3) (c) (i) and (ii)
omit
significant
[6] Paragraph 2.07AK (3) (h)
substitute
(h) the person indicates in writing that he or she accepts the offer, not later than:
(i) 28 days after the person is taken to have received the offer; or
(ii) a later date determined by an authorised officer.
Note See section 494C of the Act for when a person is taken to have received a document given by one of the methods specified in section 494B of the Act.
[7] Paragraph 2.07AK (4) (b)
omit
paragraph (3) (h); and
insert
paragraph (3) (h).
[8] Paragraphs 2.07AK (4) (c) and (d)
omit
[9] After subregulation 2.07AK (4)
insert
(5) For subregulation (4), the first person may be in or outside Australia.
[10] Paragraph 2.08AB (b)
omit
visa; or
insert
visa.
[11] Paragraph 2.08AB (c), except the note
omit
[12] Subparagraph 2.08AC (a) (ii)
omit
visa; or
insert
visa; and
[13] Subparagraph 2.08AC (a) (iii)
omit
[14] Sub-subparagraph 2.20 (14) (a) (ii) (E)
substitute
(E) the non-citizen has been identified as a suspected victim of human trafficking; and
[15] Subregulation 2.20B (2)
omit
had not been immigration cleared,
insert
had been immigration cleared,
[16] Paragraph 2.21B (1) (b)
substitute
(b) a valid oral application for a Tourist (Class TR) visa; or
(c) a valid application under regulation 2.07AK;
[17] Schedule 1, item 1224AA
omit
[18] Schedule 1, paragraph 1306 (3) (c)
substitute
(c) One of the following subparagraphs applies in relation to the applicant:
(i) the applicant does not hold a visa and has not held a Bridging F (Class WF) visa since he or she last entered Australia;
(ii) the applicant:
(A) does not hold a visa; and
(B) has held one Bridging F (Class WF) visa since last entering Australia; and
(C) has not held another visa since holding that visa;
(iii) the applicant holds a Bridging F (Class WF) visa, which is the first Bridging F (Class WF) visa held since he or she last entered Australia.
[19] Schedule 1, paragraph 1306 (3) (d), except the note
substitute
(d) Either:
(i) an officer of the Australian Federal Police, or of a police force of a State or Territory, has told Immigration, in writing, that the applicant has been identified as a suspected victim of human trafficking; or
(ii) the applicant is a member of the immediate family of a person who an officer of the Australian Federal Police, or of a police force of a State or Territory, has told Immigration, in writing, has been identified as a suspected victim of human trafficking.
[20] Schedule 2, clause 060.221
substitute
060.221 The Minister is satisfied that the applicant has been identified as a suspected victim of human trafficking.
[21] Schedule 2, clause 060.322
substitute
060.322 The Minister is satisfied that the applicant continues to be a member of the immediate family of a person who has been identified as a suspected victim of human trafficking.
[22] Schedule 2, paragraph 060.411 (3) (a)
omit
had not been immigration cleared;
insert
had been immigration cleared;
[23] Schedule 2, subclause 060.511 (2)
omit
had not been immigration cleared,
substitute
had been immigration cleared,
[24] Schedule 2, subparagraph 060.511 (3) (b) (ii)
omit
30
insert
45
[25] Schedule 2, subparagraphs 060.511 (3) (b) (iii) and (iv)
substitute
(iii) if:
(A) an officer of the Australian Federal Police, or of a police force of a State or Territory, has told Immigration, in writing, under paragraph 1306 (3) (d) of Schedule 1 that the holder has been identified as a suspected victim of human trafficking; and
(B) an officer of that police force tells Immigration, in writing, that the holder is no longer identified as a suspected victim;
when the Minister gives a written notice to the holder, by one of the methods specified in section 494B of the Act, that the holder is no longer identified as a suspected victim;
(iv) if:
(A) a holder is a member of the immediate family of a person; and
(B) an officer of the Australian Federal Police, or of a police force of a State or Territory, has told Immigration, in writing, under paragraph 1306 (3) (d) of Schedule 1 that the person has been identified as a suspected victim of human trafficking; and
(C) an officer of that police force tells Immigration, in writing, that the person is no longer identified as a suspected victim;
when the Minister gives a written notice to the holder, by one of the methods specified in section 494B of the Act, that the person is no longer identified as a suspected victim.
[26] Schedule 2, Part 787
omit
[27] Schedule 2, clause 852.221
omit
[28] Schedule 2, clause 852.411
substitute
852.411 The applicant may be in or outside Australia when the visa is granted.
[29] Schedule 2, Division 852.6
substitute
852.6 Conditions
852.611 If the applicant is outside Australia when the visa is granted, first entry must be made before a date specified for this clause by the Minister.
Schedule 9 Amendment of Migration Regulations 1994 — Subclass 050 visas
(regulation 11)
[1] Subregulation 2.43 (3), definition of relevant visa
before
(a) Subclass 200;
insert
(aa) Subclass 050;
Schedule 10 Amendment of Migration Regulations 1994 — Subclass 462 visas
(regulation 12)
[1] Schedule 2, paragraph 462.511 (a)
omit
3 months
insert
12 months
Schedule 11 Amendments of Immigration (Education) Regulations 1992 — fees and charges
(regulation 13)
[1] Paragraph 4 (1) (a)
omit
$335
insert
$400
[2] Paragraph 4 (1) (b)
omit
$75
insert
$90
Schedule 12 Amendments of Australian Citizenship Regulations 2007 — fees and charges
(regulation 14)
[1] Amendments
Provision
omit
insert
General regulations
Subregulation 13 (5)
$120
$130
Schedule 3, table
Item 1, column 3
$110
$120
Item 1, column 3
$85
$95
Item 2, column 3
$110
$120
Item 3, column 3
$110
$120
Item 3, column 3
$85
$95
Item 4, column 3
$110
$120
Item 14A, column 3
$240
$260
Item 15, column 3
$120
$130
Item 15B, column 3
$120
$130
Item 15D, column 3
$120
$130
Item 17, column 3
$65
$70
Item 18, column 3
$260
$285
Item 20, column 3
$55
$60
Schedule 13 Amendments of Australian Citizenship Regulations 2007 — fees and charges
(regulation 15)
[1] Subregulation 12A (2)
omit
places and currency instrument
insert
places and currencies instrument
[2] Subregulation 12A (3)
omit
places and currency instrument
insert
places and currencies instrument
[3] Subregulation 12A (7), definition of conversion instrument
substitute
conversion instrument means the instrument titled Payment of Visa Application Charges and Fees in Foreign Currencies, (IMMI 09/038) that commenced on 1 July 2009.
[4] Subregulation 12A (7), definition of places and currencies instrument
substitute
places and currencies instrument means the instrument titled Places and Currencies for Paying of Fees, (IMMI 09/039) that commenced on 1 July 2009.
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.
