Migration Amendment Regulations 2008 (No. 7)1
Select Legislative Instrument 2008 No. 205
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.
Dated 3 October 2008
QUENTIN BRYCE
Governor‑General
By Her Excellency’s Command
CHRIS EVANS
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 3
5 Amendment of Migration Regulations 1994 — Schedule 3 3
6 Amendment of Migration Regulations 1994 — Schedule 4 4
7 Amendment of Migration Regulations 1994 — Schedule 5 4
Schedule 1 Amendments relating to Visitor (Class TV) and Subclass 651 (eVisitor) visas 5
Schedule 2 Amendments relating to Subclass 417 (Working Holiday) and Subclass 462 (Work and Holiday) visas 22
Schedule 3 Amendments relating to visa application charge 27
Schedule 4 Amendments relating to maritime crew visas 28
Schedule 5 Amendments relating to language proficiency 30
1 Name of Regulations
These Regulations are the Migration Amendment Regulations 2008 (No. 7).
2 Commencement
These Regulations commence on 27 October 2008.
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 an application for a visa made on or after 27 October 2008.
4 Amendment of Migration Regulations 1994 — Schedule 2
(1) Schedule 2 amends the Migration Regulations 1994.
(2) The amendments made by items [1], [2], [16] and [17] of Schedule 2 apply in relation to an application for a Subclass 462 (Work and Holiday) visa made on or after 27 October 2008.
(3) The amendments made by items [3] to [15] of Schedule 2 apply in relation to an application for a Subclass 417 (Working Holiday) visa made on or after 27 October 2008.
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 made on or after 27 October 2008.
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:
(a) an application for a visa made, but not finally determined (within the meaning of subsection 5 (9) of the Migration Act 1958), before 27 October 2008; and
(b) an application for a visa made on or after 27 October 2008.
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 made on or after 27 October 2008.
Schedule 1 Amendments relating to Visitor (Class TV) and Subclass 651 (eVisitor) visas
(regulation 3)
[1] Regulation 1.03, after definition of ETA‑eligible passport
insert
eVisitor eligible passport has the meaning given by regulation 1.11C.
[2] After regulation 1.11B
insert
1.11C eVisitor eligible passport
A passport is an eVisitor eligible passport if:
(a) it is a valid passport of a kind specified by the Minister in an instrument in writing for this paragraph to be an eVisitor eligible passport; and
(b) the conditions (if any) specified in the instrument are satisfied.
[3] Paragraph 2.07AB (1) (c)
after
facsimile message
insert
or email
[4] After subregulation 2.07AB (3)
insert
(4) For sections 45 and 46 of the Act, and despite paragraph (1) (d), an application for an Electronic Travel Authority (Class UD) visa made by an eVisitor eligible passport holder is taken not to have been made validly if it is made by electronic transmission using a computer.
[5] Subregulation 2.13 (6)
after
If an applicant
insert
(other than an applicant for a Visitor (Class TV) visa)
[6] After subregulation 2.13 (7), before the note
insert
(8) An applicant for a Visitor (Class TV) visa must communicate with the Minister about the application:
(a) by electronic communication; or
(b) in another form permitted by the Minister.
[7] Paragraph 2.15 (1) (c)
substitute
(c) in the case of an application made by an applicant (other than an applicant for a Visitor (Class TV) visa) who is not in Australia:
(i) 28 days after the applicant is notified of the invitation; or
(ii) if the Minister so decides in the circumstances of the case — 70 days after the applicant is notified of the invitation; or
(d) in the case of an application made by an applicant for a Visitor (Class TV) visa:
(i) 7 days after the applicant is notified of the invitation; or
(ii) if the Minister so decides in the circumstances of the case — 70 days after the applicant is notified of the invitation.
[8] Paragraph 2.43 (1) (e)
substitute
(e) in the case of:
(i) the holder of an Electronic Travel Authority (Class UD) visa who is under the age of 18 years; or
(ii) the holder of a Long Stay (Visitor) (Class TN) visa, that was applied for using form 601E, who is under the age of 18 years; or
(iii) the holder of a Tourist (Class TR) visa, that was applied for using form 601E, who is under the age of 18 years; or
(iv) the holder of a Visitor (Class TV) visa who is under the age of 18 years;
that either:
(v) both of the following apply:
(A) the law of the visa holder’s home country did not permit the removal of the visa holder;
(B) at least 1 of the persons who could lawfully determine where the additional applicant is to live did not consent to the grant of the visa; or
(vi) the grant of the visa was inconsistent with any Australian child order in force in relation to the visa holder;
[9] Sub‑subparagraph 2.43 (1) (f) (iii) (B)
omit
guardian;
insert
guardian; or
[10] After subparagraph 2.43 (1) (f) (iii)
insert
(iv) the holder of a Visitor (Class TV) visa who is under the age of 18 years and is not accompanied by his or her parent or guardian;
[11] After paragraph 2.43 (1) (k)
insert
(ka) in the case of a holder of a Subclass 651 (eVisitor) visa — that, despite the grant of the visa, the Minister is satisfied that the visa holder did not have, at the time of the grant of the visa, or has ceased to have, an intention only to stay in, or visit, Australia temporarily for the tourism or business purposes for which the visa was granted;
[12] Subparagraph 3.03 (3) (f) (ii)
omit
officer.
insert
officer; and
[13] After paragraph 3.03 (3) (f), before the note
insert
(g) if the non‑citizen holds a Visitor (Class TV) visa:
(i) present evidence of the person’s identity, as specified in Part 1 of Schedule 9, to a clearance authority; and
(ii) provide a completed passenger card to a clearance officer.
[14] Schedule 1, paragraph 1218 (3) (e)
substitute
(e) Application may be made on form 601E if, and only if, the applicant is the holder of:
(i) a Subclass 651 (eVisitor) visa; or
(ii) a Subclass 676 (Tourist) visa; or
(iii) a Subclass 976 (Electronic Travel Authority (Visitor)) visa.
[15] Schedule 1, after subdivision 1218
insert
1218AA Visitor (Class TV)
(1) Form: 1362 (Internet).
(2) Visa application charge: Nil.
(3) Other:
(a) Applicant must be outside Australia.
(b) Applicant must hold an eVisitor eligible passport.
(4) Subclasses:
651 (eVisitor)
[16] Schedule 2, sub‑subparagraph 411.211 (b) (i) (F)
omit
or
[17] Schedule 2, after sub‑subparagraph 411.211 (b) (i) (F)
insert
(G) Visitor (Class TV); or
[18] Schedule 2, sub‑subparagraph 415.211 (b) (i) (E)
omit
or
[19] Schedule 2, after sub‑subparagraph 415.211 (b) (i) (E)
insert
(F) Visitor (Class TV); or
[20] Schedule 2, sub‑subparagraph 418.211 (b) (i) (F)
omit
or
[21] Schedule 2, after sub‑subparagraph 418.211 (b) (i) (F)
insert
(G) Visitor (Class TV); or
[22] Schedule 2, clause 418.231
after
Tourist (Class TR),
insert
Visitor (Class TV),
[23] Schedule 2, sub‑subparagraph 419.211 (b) (i) (E)
omit
or
[24] Schedule 2, after sub‑subparagraph 419.211 (b) (i) (E)
insert
(F) Visitor (Class TV); or
[25] Schedule 2, sub‑subparagraph 420.211 (b) (i) (E)
omit
or
[26] Schedule 2, after sub‑subparagraph 420.211 (b) (i) (E)
insert
(F) Visitor (Class TV); or
[27] Schedule 2, sub‑subparagraph 421.211 (b) (i) (E)
omit
or
[28] Schedule 2, after sub‑subparagraph 421.211 (b) (i) (E)
insert
(F) Visitor (Class TV); or
[29] Schedule 2, sub‑subparagraph 422.211 (b) (i) (F)
omit
or
[30] Schedule 2, after sub‑subparagraph 422.211 (b) (i) (F)
insert
(G) Visitor (Class TV); or
[31] Schedule 2, clause 422.227B
after
Tourist (Class TR),
insert
Visitor (Class TV),
[32] Schedule 2, sub‑subparagraph 423.211 (b) (i) (E)
omit
or
[33] Schedule 2, after sub‑subparagraph 423.211 (b) (i) (E)
insert
(F) Visitor (Class TV); or
[34] Schedule 2, sub‑subparagraph 427.211 (b) (i) (E)
omit
or
[35] Schedule 2, after sub‑subparagraph 427.211 (b) (i) (E)
insert
(F) Visitor (Class TV); or
[36] Schedule 2, sub‑subparagraph 428.211 (b) (i) (E)
omit
or
[37] Schedule 2, after sub‑subparagraph 428.211 (b) (i) (E)
insert
(F) Visitor (Class TV); or
[38] Schedule 2, sub‑subparagraph 457.211 (b) (i) (F)
omit
or
[39] Schedule 2, after sub‑subparagraph 457.211 (b) (i) (F)
insert
(G) Visitor (Class TV); or
[40] Schedule 2, after subparagraph 570.211 (2) (a) (xva)
insert
(xvb) Visitor (Class TV);
[41] Schedule 2, after sub‑subparagraph 570.227 (c) (i) (NA)
insert
(NB) Visitor (Class TV);
[42] Schedule 2, after subparagraph 570.312 (2) (a) (xva)
insert
(xvb) Visitor (Class TV);
[43] Schedule 2, after subparagraph 571.211 (2) (a) (xva)
insert
(xvb) Visitor (Class TV);
[44] Schedule 2, after sub‑subparagraph 571.227 (c) (i) (NA)
insert
(NB) Visitor (Class TV);
[45] Schedule 2, after subparagraph 571.312 (2) (a) (xva)
insert
(xvb) Visitor (Class TV);
[46] Schedule 2, after subparagraph 572.211 (2) (a) (xva)
insert
(xvb) Visitor (Class TV);
[47] Schedule 2, after sub‑subparagraph 572.227 (c) (i) (NA)
insert
(NB) Visitor (Class TV);
[48] Schedule 2, after subparagraph 572.312 (2) (a) (xva)
insert
(xvb) Visitor (Class TV);
[49] Schedule 2, after subparagraph 573.211 (2) (a) (xva)
insert
(xvb) Visitor (Class TV);
[50] Schedule 2, after sub‑subparagraph 573.227 (c) (i) (NA)
insert
(NB) Visitor (Class TV);
[51] Schedule 2, after subparagraph 573.312 (2) (a) (xva)
insert
(xvb) Visitor (Class TV);
[52] Schedule 2, after subparagraph 574.211 (2) (a) (xva)
insert
(xvb) Visitor (Class TV);
[53] Schedule 2, after sub‑subparagraph 574.227 (c) (i) (NA)
insert
(NB) Visitor (Class TV);
[54] Schedule 2, after subparagraph 574.312 (2) (a) (xva)
insert
(xvb) Visitor (Class TV);
[55] Schedule 2, after subparagraph 575.211 (2) (a) (xva)
insert
(xvb) Visitor (Class TV);
[56] Schedule 2, after sub‑subparagraph 575.227 (c) (i) (NA)
insert
(NB) Visitor (Class TV);
[57] Schedule 2, after subparagraph 575.312 (2) (a) (xva)
insert
(xvb) Visitor (Class TV);
[58] Schedule 2, after subparagraph 576.211 (2) (a) (xva)
insert
(xvb) Visitor (Class TV);
[59] Schedule 2, after subparagraph 576.312 (2) (a) (xva)
insert
(xvb) Visitor (Class TV);
[60] Schedule 2, after subparagraph 580.211 (2) (a) (xva)
insert
(xvb) Visitor (Class TV);
[61] Schedule 2, after sub‑subparagraph 580.227 (c) (i) (NA)
insert
(NB) Visitor (Class TV);
[62] Schedule 2, after subparagraph 580.311 (2) (a) (xva)
insert
(xvb) Visitor (Class TV);
[63] Schedule 2, after Part 580
insert
Subclass 651 eVisitor
651.1 Interpretation
Note eVisitor eligible passport is defined in regulation 1.11C. There are no interpretation provisions specific to this Part.
651.2 Primary Criteria
Note All applicants must satisfy the primary criteria.
651.21 [No criteria to be satisfied at time of application]
651.22 Criteria to be satisfied at time of decision
651.221 The applicant holds an eVisitor eligible passport.
651.222 The applicant satisfies the Minister that the applicant has a genuine intention to visit Australia temporarily:
(a) as a tourist; or
(b) for business purposes.
651.223 The applicant satisfies public interest criteria 4002, 4003, 4004, 4005, 4013 and 4014.
651.224 If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.
651.3 Secondary Criteria: Nil.
Note All applicants must satisfy the primary criteria.
651.4 Circumstances applicable to grant
651.411 The applicant must be outside Australia at the time of the grant.
651.5 When visa is in effect
651.511 Temporary visa permitting the holder:
(a) to travel to and enter Australia on multiple occasions within 12 months from the date of the grant of the visa; and
(b) on each occasion, to remain in Australia for a period not exceeding 3 months from the date of entry into Australia.
651.6 Conditions
651.611 Conditions 8201, 8527 and 8528 must be imposed.
651.612 If the applicant intends to visit Australia temporarily as a tourist, condition 8101 must be imposed.
651.613 If the applicant intends to visit Australia temporarily for business purposes, condition 8112 must be imposed.
651.7 Way of giving evidence
651.711 No evidence need be given.
[64] Schedule 2, after sub‑subparagraph 773.213 (1) (g) (iii) (A)
insert
(B) who is eligible for the grant of a Visitor (Class TV) visa; or
[65] Schedule 2, subparagraph 855.211 (1) (a) (vi)
omit
or
[66] Schedule 2, after subparagraph 855.211 (1) (a) (vi)
insert
(vii) Visitor (Class TV); or
[67] Schedule 2, sub‑subparagraph 855.211 (2) (b) (i) (F)
omit
or
[68] Schedule 2, after sub‑subparagraph 855.211 (2) (b) (i) (F)
insert
(G) Visitor (Class TV); or
[69] Schedule 2, subparagraph 856.211 (1) (a) (vi)
omit
or
[70] Schedule 2, after subparagraph 856.211 (1) (a) (vi)
insert
(vii) Visitor (Class TV); or
[71] Schedule 2, sub‑subparagraph 856.211 (2) (b) (i) (F)
omit
or
[72] Schedule 2, after sub‑subparagraph 856.211 (2) (b) (i) (F)
insert
(G) Visitor (Class TV); or
[73] Schedule 2, subparagraph 857.211 (1) (a) (vi)
omit
or
[74] Schedule 2, after subparagraph 857.211 (1) (a) (vi)
insert
(vii) Visitor (Class TV); or
[75] Schedule 2, sub‑subparagraph 857.211 (2) (b) (i) (F)
omit
or
[76] Schedule 2, after sub‑subparagraph 857.211 (2) (b) (i) (F)
insert
(G) Visitor (Class TV); or
[77] Schedule 2, subparagraph 858.211 (1) (a) (vi)
omit
or
[78] Schedule 2, after subparagraph 858.211 (1) (a) (vi)
insert
(vii) Visitor (Class TV); or
[79] Schedule 2, sub‑subparagraph 858.211 (2) (b) (i) (F)
omit
or
[80] Schedule 2, after sub‑subparagraph 858.211 (2) (b) (i) (F)
insert
(G) Visitor (Class TV); or
[81] Schedule 2, after sub‑sub‑subparagraph 956.511 (a) (ii) (A) (I)
insert
(IA) a Subclass 651 (eVisitor) visa; or
[82] Schedule 2, after sub‑sub‑subparagraph 977.511 (a) (ii) (A) (I)
insert
(IA) a Subclass 651 (eVisitor) visa; or
[83] Schedule 4, Part 2, after item 4058G
insert
4058H
651 (eVisitor)
8101 or 8201
[84] Schedule 9, Part 1, after item 23 and before the note
insert
24
Persons holding a Visitor (Class TV) visa
A passport that is an eVisitor eligible passport in relation to the Subclass of the Visitor (Class TV) visa held by the person
Yes
Schedule 2 Amendments relating to Subclass 417 (Working Holiday) and Subclass 462 (Work and Holiday) visas
(regulation 4)
[1] Schedule 1, subparagraph 1224A (3) (b) (ii)
omit
entered
insert
been in
[2] Schedule 1, subparagraph 1224A (3) (c) (ii)
substitute
(ii) have previously held, in Australia, not more than 2 Subclass 462 (Work and Holiday) visas; and
[3] Schedule 1, paragraph 1225 (3) (a)
substitute
(a) if the applicant is, or has previously been, in Australia as the holder of a working holiday visa:
(i) by posting the application (with the correct pre‑paid postage) to the post office box address specified by the Minister in an instrument in writing for this paragraph; or
(ii) by having the application sent by fax to the number specified by the Minister in an instrument in writing for this paragraph; or
[4] Schedule 1, paragraph 1225 (3) (b)
omit
has not previously entered
insert
is not, and has not previously been, in
[5] Schedule 1, subitem 1225 (3A)
omit
has not previously entered
insert
is not, and has not previously been, in
[6] Schedule 1, subitem 1225 (3B)
substitute
(3B) If the applicant is, or has previously been, in Australia as the holder of a working holiday visa:
(a) the applicant must not be in immigration clearance; and
(b) the application must not be made in immigration clearance; and
(c) the application must be accompanied by a declaration by the applicant that he or she has carried out specified work in regional Australia for a total period of at least 3 months as the holder of that visa; and
(d) the applicant has not previously held more than 1 working holiday visa in Australia; and
(e) the applicant holds a working holiday eligible passport; and
(f) if the applicant is in Australia, the applicant must:
(i) hold a substantive visa; or
(ii) have held a substantive visa at any time in the period of 28 days immediately before making the application.
[7] Schedule 2, paragraph 417.211 (2) (a)
omit
[8] Schedule 2, paragraph 417.211 (4) (c)
omit
Australia.
insert
Australia; and
[9] Schedule 2, after paragraph 417.211 (4) (c)
insert
(d) will not be accompanied by dependent children during his or her stay in Australia.
[10] Schedule 2, subclause 417.211 (5)
omit
has previously entered
insert
is, or has previously been, in
[11] Schedule 2, clause 417.222
substitute
417.222 If the applicant is, or has previously been, in Australia as the holder of a working holiday visa:
(a) the applicant has complied substantially with the conditions that applied to any visa held by the applicant; and
(b) the applicant has not previously held more than 1 working holiday visa in Australia.
[12] Schedule 2, clause 417.411
omit
has not previously entered
insert
is not, and has not previously been, in
[13] Schedule 2, clause 417.412
omit
has previously entered
insert
is, or has previously been, in
[14] Schedule 2, subclause 417.511 (1)
omit
application
insert
grant
[15] Schedule 2, subclauses 417.511 (2) and (3)
substitute
(2) If:
(a) the applicant is in Australia at the time of grant; and
(b) the applicant holds a working holiday visa at the time of application;
temporary visa permitting the holder to travel to, enter and remain in Australia until 12 months after the date that the visa mentioned in paragraph (b) would have otherwise ceased to be in effect.
(3) If:
(a) the applicant is in Australia at the time of grant; and
(b) the applicant does not hold a working holiday visa at the time of application;
temporary visa permitting the holder to travel to, enter and remain in Australia until 12 months after the date of grant of the visa.
[16] Schedule 2, clause 462.511
omit
application
insert
grant
[17] Schedule 2, paragraph 462.512
omit
application
insert
grant
Schedule 3 Amendments relating to visa application charge
(regulation 5)
[1] Schedule 1, sub‑subparagraph 1218 (2) (a) (ii) (B)
omit
$215
insert
$240
[2] Schedule 1, further amendments
Provision
omit
insert
Subparagraph 1130 (2) (b) (i)
$12 625
$13 090
Sub‑sub‑subparagraph 1130 (2) (b) (ia) (A) (III)
$12 625
$13 090
Subparagraph 1130 (2) (b) (iia)
$12 625
$13 090
Subparagraph 1130 (2) (b) (iib)
$11 425
$11 850
Sub‑subparagraph 1130 (2) (b) (iii) (B)
$1 365
$1 415
Subparagraph 1130 (2) (b) (iv)
$31 555
$32 725
Subparagraph 1130A (2) (b) (i)
$12 625
$13 090
Sub‑sub‑subparagraph 1130A (2) (b) (ia) (A) (III)
$12 625
$13 090
Subparagraph 1130A (2) (b) (iia)
$12 625
$13 090
Subparagraph 1130A (2) (b) (iib)
$10 755
$11 155
Sub‑subparagraph 1130A (2) (b) (iii) (B)
$1 365
$1 415
Subparagraph 1130A (2) (b) (iv)
$31 555
$32 725
Sub‑subparagraph 1221 (2) (b) (i) (B)
$1 365
$1 415
Subparagraph 1221 (2) (b) (iii)
$18 935
$19 635
Sub‑subparagraph 1221A (2) (b) (i) (B)
$1 365
$1 415
Subparagraph 1221A (2) (b) (iii)
$18 935
$19 635
Schedule 4 Amendments relating to maritime crew visas
(regulation 6)
[1] Regulation 1.03, definition of member of the crew, subparagraph (a) (ii)
omit
paragraph (b)
insert
subparagraph (a) (ii)
[2] Paragraph 3.01 (2) (e)
omit
as the holder of a Maritime Crew (Temporary) (Class ZM) visa, or as an applicant for the grant of that visa
[3] Schedule 2, clause 988.222
after
4003,
insert
4004,
[4] Schedule 2, after clause 988.223
insert
988.224 The Minister is satisfied that the applicant’s expressed intention to enter and remain in Australia for the purpose of being a member of the crew of a non‑military ship is genuine.
988.225 The Minister is satisfied that:
(a) the applicant is the holder of a valid passport that:
(i) was issued to the applicant by an official source; and
(ii) is in the form issued by the official source; or
(b) it would be unreasonable to require the applicant to be the holder of a passport.
[5] Schedule 2, clause 988.322
after
4003,
insert
4004,
[6] Schedule 2, after clause 988.323
insert
988.324 The Minister is satisfied that:
(a) the applicant is the holder of a valid passport that:
(i) was issued to the applicant by an official source; and
(ii) is in the form issued by the official source; or
(b) it would be unreasonable to require the applicant to be the holder of a passport.
[7] Schedule 8, clause 8113
omit
of Subclass 988 (Maritime Crew) visa
Schedule 5 Amendments relating to language proficiency
(regulation 7)
[1] Schedule 2, paragraph 485.215 (b)
omit
English; or
insert
English.
[2] Schedule 2, paragraph 485.215 (c)
omit
[3] Schedule 2, clause 485.222
omit
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.
