1990 No. 75*1* MIGRATION REGULATIONS*2* (AMENDMENT)
*1* Notified in the Commonwealth of Australia Gazette on 16 March 1990. *2* Statutory Rules 1989 No. 365 as amended to date. For previous amendments see Note 2 to Statutory Rules 1990 No. 1 and see also Statutory Rules 1990 Nos. 1, 34 and 69. 1990 No. 75 MIGRATION REGULATIONS (AMENDMENT) - REG 1
Commencement
1. (1) Regulations 2, 10, 12, 13, 16, 22, 23, 24, 25, 27, 28, 29, 35, 36 and 40, and paragraphs 30 (b) and 34 (a) and (b), are to be taken to have commenced on 19 December 1989. (2) Regulation 21 and paragraph 30 (a) are to be taken to have commenced on 15 January 1990. (3) Regulations 8, 9, 15, 20 and 26 are to be taken to have commenced on 20 February 1990. 1990 No. 75 MIGRATION REGULATIONS (AMENDMENT) - REG 2
Interpretation
2. Regulation 2 of the Migration Regulations is amended by inserting in subregulation (1) the following definition: " 'prescribed temporary entry permit' means a temporary entry permit: (a) gramted befpre 19 Dece,ber 1989; or (b) applied for before 19 December 1989 and granted under the provisions of the Migration Act 1958 continued in force by subsection 6 (4) of the Migration Legislation Amendment Act 1989;". 1990 No. 75 MIGRATION REGULATIONS (AMENDMENT) - REG 3
Interpretation
3. Regulation 2 of the Migration Regulations is amended: (a) by inserting in subregulation (1) the following definition: " 'entry visa' has the same meaning as in subsection 17 (5) of the Act;"; (b) by adding at the end of the definition of "extended eligibility entry permit" in subregulation (1) the following paragraph: "(f) extended eligibility (PRC) entry permit;"; (c) by inserting in paragraph (3) of the definition of "public interest criteria" in subregulation (1) "or of an Australian permanent resident" after "citizen". 1990 No. 75 MIGRATION REGULATIONS (AMENDMENT) - REG 4
Grant of visa
4. Regulation 13 of the Migration Regulations is amended: (a) by inserting in paragraph (2) (a) "that is granted as an entry visa" after "Schedule 2-"; (b) by omitting from subparagraph (2) (b) (iii) "7" and substituting "8"; (c) by inserting in paragraph (2) (b) "that is granted as an entry visa" before "is not". 1990 No. 75 MIGRATION REGULATIONS (AMENDMENT) - REG 5
Exempt visas
5. Regulation 14A of the Migration Regulations is amended by omitting "24 (9)" and substituting "24 (10)". 1990 No. 75 MIGRATION REGULATIONS (AMENDMENT) - REG 6
Effect and operation of visas
6. Regulation 16 of the Migration Regulations is amended by omitting paragraph (8) (a). 1990 No. 75 MIGRATION REGULATIONS (AMENDMENT) - REG 7
Conditions in connection with grant of visas
7. Regulation 17 of the Migration Regulations is amended by omitting from paragraph (1) (d) "10" and substituting "18". 1990 No. 75 MIGRATION REGULATIONS (AMENDMENT) - REG 8
Certain applications made before 1 June 1990 to have effect as applications
for processing entry permits
8. Regulation 22A of the Migration Regulations is amended by omitting "is to be taken to be" and substituting "also has effect as". 1990 No. 75 MIGRATION REGULATIONS (AMENDMENT) - REG 9
9. After regulation 22A of the Migration Regulations the following regulation is inserted: Certain applications by PRC citizens to be taken to be applications for entry permits "22B. (1) An application by a citizen of the People's Republic of China for a humanitarian grounds entry permit also has effect as an application for a PRC citizen (permanent) entry permit. "(2) An application by a citizen of the People's Republic of China for an extended eligibility (other) entry permit or for an extended eligibility (limited) entry permit also has effect as an application for: (a) an extended eligibility (PRC) entry permit; or (b) a PRC citizen entry permit; as the case requires." 1990 No. 75 MIGRATION REGULATIONS (AMENDMENT) - REG 10
Recording and evidencing of entry permits
10. Regulation 26 of the Migration Regulations is amended: (a) by omitting subparagraph (1) (b) (ii) and substituting the following subparagraph: (ii) by: (A) in the case of an entry permit (including a temporary entry permit)-fixing the entry permit on the passport or other travel document of the person to whom the entry permit is granted; or (B) in the case of a temporary entry permit-by giving notice to the applicant, in a form approved by the Minister, that the permit has been granted."; (b) by inserting in subregulation (2) "in the entry permit register or in the computerised record" after "entry" (first occurring). 1990 No. 75 MIGRATION REGULATIONS (AMENDMENT) - REG 11
Extension of time to satisfy requirement or condition
11. Regulation 35B of the Migration Regulations is amended by omitting subparagraph (a) (ii) and substituting the following subparagraph: "(ii) a border entry permit granted to a person referred to in paragraph 111 (1) (d) or (e); or". 1990 No. 75 MIGRATION REGULATIONS (AMENDMENT) - REG 12
Extension of time to satisfy requirement or condition
12. Regulation 35B of the Migration Regulations is amended by inserting after subparagraph (a) (iv) the following subparagraph: "(iva) a prescribed temporary entry permit the application for which would have resulted in the applicant being granted a visa or entry permit referred to in subparagraph (i), (ii), (iii), (iv) or (v) if the application had been made on or after 19 December 1989; or". 1990 No. 75 MIGRATION REGULATIONS (AMENDMENT) - REG 13
Restriction on re-entry
13. Regulation 36 of the Migration Regulations is amended: (a) by omitting from subregulation (1) "Each of the following persons is not entitled to be granted a visa or an entry permit" and substituting "A person who has made an application for a visa, or, on arrival in Australia, an application for an entry permit, is not entitled to be granted a visa or an entry permit if the person is"; (b) by omitting from subparagraph (1) (d) (iv) "prioritiy" and substituting "priority"; (c) by omitting paragraph (1) (e) and substituting the following paragraph: "(e) a person who left Australia voluntarily: (i) after having been found by the Department to have breached the conditions of his or her temporary entry permit (without the permit having been cancelled); or (ii) on or after 1 June 1990 and after the expiry of a period of grace that applied to the person; unless: (iii) if the application is in respect of a priority visa or entry permit-the application is made more than 6 months after the departure of the person from Australia; or (iv) if the application is in respect of any other visa or entry permit-the application is made more than 12 months after the departure of the person from Australia.". 1990 No. 75 MIGRATION REGULATIONS (AMENDMENT) - REG 14
Prescribed criteria-classes of entry permits
14. Regulation 42 of the Migration Regulations is amended by inserting after subregulation (1C) the following subregulation: "(1D) Subregulation (1A) does not apply to or in relation to an applicant to whom the Minister has, by instrument, granted refugee status or territorial asylum.". 1990 No. 75 MIGRATION REGULATIONS (AMENDMENT) - REG 15
Prescribed criteria-classes of entry permits
15. Regulation 42 of the Migration Regulations is amended: (a) by inserting after paragraph (1C) (b) the following paragraph: paragraph: "(ba) if the applicant: (i) entered Australia on or after 19 December 1989 as the holder of a prospective marriage entry visa operating as an entry permit or of a prospective marriage entry permit; and (ii) married the person stated by the applicant in the application for that visa to be the person whom he or she proposed to marry; and (iii) becomes an illegal entrant; or"; (b) by omitting from paragraph (2) (c) "is" (second occurring) and substituting "it". 1990 No. 75 MIGRATION REGULATIONS (AMENDMENT) - REG 16
16. Regulations 47 and 48 of the Migration Regulations are repealed and the following regulations substituted: Business (general) visa "47. (1) The additional criteria in relation to a business (general) visa are the criteria specified in subregulation (2) or (3), as the case requires. "(2) The additional criteria are that the applicant: (a) has a successful business record; (b) has realistic plans to establish, or to take part in, a business in Australia that will do any of the following: (i) create or maintain employment; (ii) introduce into Australia new or improved technology for the production of goods or services; (iii) produce goods or services for export; (iv) produce goods or serfvices to replace goods or services being imported; (c) has available for transfer to Australia unencumbered personally owned assets in the form of cash, or other unencumbered assets (or both), adequate to establish and conduct the enterprise, and in any case not less than: (i) in the case of an applicant who has not turned 40 at the time of application-$350,000; or (ii) in the case of an applicant who has turned 40 but has not turned 58 at the time of application-$500,000; (iii) in the case of an applicant who has turned 58 at the time of application-$850,000; (d) has, in addition to the cash or assets (or both) referred to in paragraph (c), unencumbered personally owned assets in the form of cash, or other unencumbered assets (or both), adequate to finance the costs of establishing himself or herself personally in Australia, and in any case not less than: (i) if the applicant intends to establish residence in Sydney or Melbourne-$150,000; or (ii) if the applicant intends to establish residence in any other place in Australia $100,000; or such lesser amount as the Minister is satisfied would be sufficient to allow the applicant to become established personally in Australia; (e) intends to live permanently in Australia; (f) establishes that unencumbered amounts of not less than the relevant amounts specified in paragraphs (c) and (d) respectively have been lodged in Australia; (g) establishes that the enterprise is not a joint venture to be undertaken in association with an Australian citizen, an Australian permanent resident or an Australian organisation. "(3) The additional criteria are that: (a) the applicant: (i) is the child or adoptive child of a person who has met the criteria specified in subregulation (2); and (ii) is not a dependent child of that person; (b) the Minister is satisfied that the applicant is, or will be, essential to the efficient conduct of the business referred to in paragraph (2) (b). Business (joint venture) visa "48. (1) The additional criteria in relation to a business (joint venture) visa are the criteria specified in subregulation (2) or (3), as the case requires. "(2) The additional criteria are that the applicant: (a) has a successful business record; (b) has realistic plans to establish, or to take part in, a business in Australia that will do any of the following: (i) create or maintain employment; (ii) introduce into Australia new or improved technology for the production of goods or services; (iii) produce goods or services for export; (iv) produce goods or services to replace goods or services being imported; (c) has available for transfer to Australia unencumbered personally owned assets in the form of cash, or other unencumbered assets (or both), adequate to establish and conduct the enterprise, and any case not less than: (i) in the case of an applicant who has not turned 40 at the time of application-$350,000; or (ii) in the case of an applicant who has turned 40 but has not turned 58 at the time of application-$500,000; (iii) in the case of an applicant who has turned 58 at the time of application-$850,000; (d) has, in addition to the cash or assets (or both) referred to in paragraph (c), unencumbered personally owned assets in the form of cash, or other unencumbered assets (or both), adequate to finance the costs of establishing himself or herself personally in Australia, and in any case not less than: (i) if the applicant intends to establish residence in Sydney or Melbourne-$150,000; or (ii) if the applicant intends to establish residence in any other place in Australia-$100,000; of such lesser amount as the Minister is satisfied would be sufficient to allow the applicant to become established personally in Australia; (e) intends to live permanently in Australia; (f) establishes that unencumbered amounts of not less than the relevant amounts specified in paragraphs (c) and (d) respectively have been lodged in Australia; (g) establishes that the enterprise is a joint venture to be undertaken in association with an Australian citizen, an Australian permanent resident or an Australian organisation. "(3) The additional criteria are that: (a) the applicant: (i) is the child or adoptive child of a person who has met the criteria specified in subregulation (2); and (ii) is not a dependent child of that person; (b) the Minister is satisfied that the applicant is, or will be, essential to the efficient conduct of the business referred to in paragraph (2) (b).". 1990 No. 75 MIGRATION REGULATIONS (AMENDMENT) - REG 17
17. After regulation 107 of the Migration Regulations the following regulation is inserted in Division 3 of Part 3: Soviet concession visa "107A. The additional criteria in relation to a Soviet concession visa are the following criteria: (a) the applicant is a citizen of the Union of Soviet Socialist Republics; (b) the applicant has temporary asylum in Italy; (c) the applicant holds: (i) a valid exit visa issued before 1 October 1989 by the government of the Union of Soviet Socialist Republics; and (ii) a valid travel authority issued before 6 November 1989 by the Embassy of the Netherlands in Moscow; (d) the applicant is the grandparent, parent, spouse, child, brother or sister, nephew or niece, uncle or aunt, or first cousin of an Australian citizen or an Australian permanent resident; (e) the application for the visa has the support of the Hebrew Immigrant Aid Society and the Federation of Australian Jewish Welfare Societies; (f) the applicant lodges an application for the visa before 1 June 1990; (g) the Minister is satisfied that: (i) the applicant has been discriminated against because of his or her ancestry or ethnic affiliation; and (ii) permanent settlement in Australia is the appropriate course for the applicant; and (iii) settlement would not be contrary to the interests of Australia.". 1990 No. 75 MIGRATION REGULATIONS (AMENDMENT) - REG 18
Border visa
18. Regulation 111 of the Migration Regulations is amended by omitting from paragraph (1) (c) "terminating". 1990 No. 75 MIGRATION REGULATIONS (AMENDMENT) - REG 19
Grant of visa to enable re-entry to Australia
19. Regulation 115 of the Migration Regulations is amended by omitting paragraph (1) (a) and substituting the following paragraph: "(a) a person is the holder of a temporary entry visa, or temporary entry permit, that is not subject to the condition that the holder will not, after entering Australia, be granted another entry permit while he or she remains in Australia; and". 1990 No. 75 MIGRATION REGULATIONS (AMENDMENT) - REG 20
Extended eligibility (PRC) entry permit
20. Regulation 119D of the Migration Regulations is amended by omitting from sub-subparagraph (1) (b) (ii) (B) "subsequently granted" and substituting "granted on or after 21 June 1989". 1990 No. 75 MIGRATION REGULATIONS (AMENDMENT) - REG 21
PRC citizen entry permit
21. Regulation 119E of the Migration Regulations is amended by omitting from paragraph (1) (b) "an illegal entrant" and substituting "a prohibited non-citizen under the Act". 1990 No. 75 MIGRATION REGULATIONS (AMENDMENT) - REG 22
Grant of temporary entry permit (other than working holiday entry permit) to
holder of visitor visa, visitor entry permit or prescribed temporary entry
permit
22. Regulation 120 of the Migration Regulations is amended by omitting "visa or entry permit" (first occurring) and substituting "entry visa operating as an entry permit, or a visitor entry permit, or a prescribed temporary entry permit the application for which would have resulted in the applicant being granted a visitor entry permit if the application had been made on or after 19 December 1989". 1990 No. 75 MIGRATION REGULATIONS (AMENDMENT) - REG 23
Grant of temporary entry permit to holder of working holiday visa or entry
permit or of prescribed temporary entry permit
23. Regulation 121 of the Migration Regulations is amended by omitting "visa or entry permit" (first occurring) and substituting "entry visa operating as an entry permit, or a working holiday entry permit, or a prescribed temporary entry permit the application for which would have resulted in the applicant being granted a working holiday entry permit if the application had been made on or after 19 December 1989". 1990 No. 75 MIGRATION REGULATIONS (AMENDMENT) - REG 24
Grant of temporary entry permit to holder of certain student visa or entry
permit or of prescribed temporary entry permit
24. Regulation 122 of the Migration Regulations is amended by omitting "visa or entry permit or a valid student (formal course) visa or entry permit" and substituting "entry visa operating as an entry permit, a private subsidised student entry permit, or a student (formal course) entry permit, or a prescribed temporary entry permit the application for which would have resulted in the applicant being granted a private subsidised student entry permit or student (formal course) entry permit if the application had been made on or after 19 December 1989". 1990 No. 75 MIGRATION REGULATIONS (AMENDMENT) - REG 25
Grant of visitor or student entry permit to holder of certain student visa
or entry permit or of prescribed temporary entry permit
25. Regulation 123 of the Migration Regulations is amended: (a) by omitting "visa or entry permit" (first occurring) and substituting "entry visa operating as an entry permit, or of a valid entry permit,"; (b) by inserting "or is the holder of a prescribed temporary entry permit the application for which would have resulted in the applicant being granted such an entry permit if the application had been made on or after 19 December 1989" after "(AIDAB)" (first occurring). 1990 No. 75 MIGRATION REGULATIONS (AMENDMENT) - REG 26
Holder of trainee (non-formal course), or trainee (English
language), entry permit or prescribed temporary entry permit-temporary
provisions
26. Regulation 123A of the Migration Regulations is amended: (a) by omitting subregulation (1) and substituting the following subregulation: "(1) This regulation applies to a person: (a) who is the holder of an entry visa operating as an entry permit, or of an entry permit, (in this regulation called the 'current entry permit') that is: (i) a trainee (English Language) entry permit; or (ii) a trainee (non-formal course) entry permit; or (iii) a prescribed temporary entry permit the application for which would have resulted in the applicant being granted a permit referred to in subparagraph (i) or (ii) if the application had been made on or after 19 December 1989; and (b) who applies for an entry permit to which subregulation (3), (4) or (5) applies (in this regulation called the 'new entry permit');"; (b) by adding at the end of subregulation (5) the following word and paragraph: "; and (c) the applicant satisfies the criteria for the grant of a trainee (English language) visa or a trainee (non-formal course) visa.". 1990 No. 75 MIGRATION REGULATIONS (AMENDMENT) - REG 27
Grant of student entry permit to holder of, or person included in,
diplomatic visa or holder of prescribed temporary entry permit
27. Regulation 124 of the Migration Regulations is amended by inserting "or a valid visa applied for before 19 December 1989 the application for which would have resulted in the applicant being granted a diplomatic visa if the application had been made on or after 19 December 1989" after "diplomatic visa". 1990 No. 75 MIGRATION REGULATIONS (AMENDMENT) - REG 28
Prescribed criteria for grant of temporary entry permit to lawful temporary
resident or holder of prescribed temporary entry permit
28. Regulation 125 of the Migration Regulations is amended by omitting "visa or a valid temporary resident entry permit" and substituting "entry visa operating as an entry permit, or a valid temporary resident entry permit, or a prescribed temporary entry permit the application for which would have resulted in the applicant being granted a temporary resident entry permit if the application had been made on or after 19 December 1989" 1990 No. 75 MIGRATION REGULATIONS (AMENDMENT) - REG 29
29. Regulation 126 of the Migration Regulations is repealed and the following regulation substituted: Extended eligibility (spouse) entry permit "126. (1) The prescribed criteria in relation to an extended eligibility (spouse) entry permit are that, at the time when the application is decided: (a) the applicant is the spouse of an Australian citizen or Australian permanent resident and was the spouse of that citizen or resident at the time when the application was lodged; and (b) the applicant's relationship with that spouse is a genuine and continuing one; and (c) the applicant meets the prescribed health criteria specified in item 9 in Schedule 1 and the public interest criteria; and (d) the applicant is not an illegal entrant (other than an illegal entrant to whom paragraph 42 (1C) (a), (b) or (c) applies). "(2) Subregulation (1) does not apply to an applicant: (a) who is the holder of a transit entry permit; or (b) who is the holder of a visitor entry permit granted on or after 1 June 1990.". 1990 No. 75 MIGRATION REGULATIONS (AMENDMENT) - REG 30
Extended eligibility (family) entry permit
30. Regulation 127 of the Migration Regulations is amended: (a) by omitting "being" from subparagraph (a) (iv) and substituting "is"; (b) by adding at the end of paragraph (a) the following subparagraph: "(v) is a dependent child: (A) one of whose parents has become an Australian permanent resident since the arrival of that child in Australia; and (B) who was included in that parent's application for a visa referred to in items 1 to 12 (inclusive) in Part 1 of Schedule 2, in any item in Part 2 of Schedule 2 or in items 1 to 4 (inclusive) in Part 3 of Schedule 2; and". 1990 No. 75 MIGRATION REGULATIONS (AMENDMENT) - REG 31
Compassionate grounds entry permit
31. Regulation 140 of the Migration Regulations is amended by omitting from paragraph (2) (c) "the applicant, being an illegal entrant who has not made a previous application for an entry permit" and substituting "the applicant". 1990 No. 75 MIGRATION REGULATIONS (AMENDMENT) - REG 32
Prescribed qualifications and prescribed number of points
32. Regulation 145 of the Migration Regulations is amended by omitting subregulation (1) and substituting the following subregulation: "(1) For the purposes of subsections 30 (1) and 41 (2) of the Act: (a) each qualification specified in column 2 of an item in Part 1, 2, 4, 5, 6, or 7 of Schedule 4 is prescribed as a qualification in relation to an applicant for a concessional family visa; and (b) each qualification specified in column 2 of an item in Part 1, 2, or 3 of Schedule 4 is prescribed as a qualification in relation to an applicant for an independent entry visa.". 1990 No. 75 MIGRATION REGULATIONS (AMENDMENT) - REG 33
Delegation
33. Regulation 182B of the Migration Regulations is amended by adding at the end the following subregulation: "(2) The Secretary may, by writing signed by him or her, delegate to a person any of the Secretary's powers under these Regulations.". 1990 No. 75 MIGRATION REGULATIONS (AMENDMENT) - REG 34
Fee on application for temporary entry permit granted only in Australia
34. Regulation 185 of the Migration Regulations is amended: (a) by omitting from paragraph (2) (a) "subparagraph 120 (e) (v)" and substituting "paragraph 120 (f)"; (b) by omitting from paragraph (2) (a) "subparagraph 120 (3) (vi)" and substituting "paragraph 120 (g)"; (c) by omitting from paragraph (2) (b) "subparagraph 120 (e) (vii)" and substituting "paragraph 120 (h)"; (d) by omitting from subregulation (4) "There" and substituting "Subject to subregulation (4A), there"; (e) by inserting after subregulation (4) the following subregulation: "(4A) Subregulation (4) does not apply in respect of an application: (a) if the applicant holds: (i) a private subsidised student or entry visa; or (ii) a private subsidised student entry permit; (b) if the applicant: (i) holds a prescribed temporary entry permit the application for which would have resulted in the applicant being granted a private subsidised student entry if the application had been made on or after 19 December 1989; and (ii) has applied for a private subsidised student entry permit or private subsidised entry visa."; (c) by inserting after subregulation (5) the following subregulation: "(5A) There is payable on an application to which regulation 123A applies a fee of $50.". 1990 No. 75 MIGRATION REGULATIONS (AMENDMENT) - REG 35
Fee on application for certain permits
35. Regulation 186 of the Migration Regulations is amended by adding at the end of the following subregulation: "(3) No fee is payable on application for an entry permit to which this regulation applies if the applicant is the holder of an extended eligibility (family) entry permit that was granted because the applicant met the criteria specified in subparagraph 127 (a) (v).". 1990 No. 75 MIGRATION REGULATIONS (AMENDMENT) - REG 36
36. After Regulation 189 of the Migration Regulations the following regulation is inserted: Fee on application for extended eligibility (family) entry permit "189A. There is payable on application for an extended eligibility (family) entry permit: (a) in the case where the applicant applies on the basis of satisfying the criterion prescribed in paragraph 127 (a) (v)-no fee; or (b) in any other case-a fee of $250.". 1990 No. 75 MIGRATION REGULATIONS (AMENDMENT) - REG 37
37. After Regulation 195 of the Migration Regulations, the following regulation is inserted: Fee on application for entry permit to be granted under regulation 35B "196. A fee of $50 is payable on lodgment of an application for the grant und regulation 35B of an entry permit or a further entry permit.". 1990 No. 75 MIGRATION REGULATIONS (AMENDMENT) - REG 38
Schedule 2
38. Schedule 2 of the Migration Regulations is amended by adding at the end of Part 2 the following item: "8 Soviet concession (a) criteria specified in regulation 107A 207 (b) A,D,E,H 1". 1990 No. 75 MIGRATION REGULATIONS (AMENDMENT) - REG 39
Schedule 3
39. Schedule 3 to the Migration Regulations is amended by adding at the end of Part 3 the following item: "32 Soviet concession 207". 1990 No. 75 MIGRATION REGULATIONS (AMENDMENT) - REG 40
Schedule 8
40. Schedule 8 to the Migration Regulations is amended: (a) by adding at the end of Part 1 the following item: "76 Soviet concession -"; (b) by omitting from item 12 in Part 2 "250" and substituting "the fee ascertained under subregulation 189A".