1990 No. 109*1* MIGRATION REGULATIONS*2* (AMENDMENT)
*1* Notified in the Commonwealth of Australia Gazette on 31 May 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, 69 and 75. 1990 No. 109 MIGRATION REGULATIONS (AMENDMENT) - REG 1
Commencement
1. (1) Regulation 18 is taken to have commenced on 19 December 1989. (2) Regulation 19 is taken to have commenced on 16 March 1990. 1990 No. 109 MIGRATION REGULATIONS (AMENDMENT) - REG 2
Application for entry permit
2. Regulation 22 of the Migration Regulations is amended: (a) by omitting from subparagraph (a) (i) "accordance with"; (b) by adding at the end the following subregulation: "(2) An application is in accordance with these Regulations if it is made on arrival in Australia by a person: (a) who is not an exempt non-citizen; and (b) who is exempted from the operation of section 76 of the Act by an instrument under subsection 106 (1) of the Act; in any of the following cases: (c) where the person: (i) has travelled to Australia as a passenger on an aircraft in the course of his or her employment with an airline; and (ii) intends to leave Australia as a member of the crew of an aircraft; if the person produces a valid passport, or other travel document, and a document, signed by an officer of the airline, stating: (iii) that the person is employed by the airline; and (iv) the person's intended date of departure as a member of the crew of an aircraft; or (d) where the person: (i) has travelled to Australia as a passenger on board a vessel that is not an aircraft; and (ii) intends to leave Australia on board the vessel; if the person produces a valid passport, or other travel document, and a document, signed by the vessel's master, stating that the person is a passenger on the vessel; or (e) where the person has travelled to Australia as a member of the crew of a vessel that is not an aircraft-if the person produces a valid passport, or other travel document, and a document, signed by the vessel's master, stating that the person is or was a member of the crew of the vessel and requires entry to Australia for a purpose stated in the document that is consistent with the interests of Australia.". 1990 No. 109 MIGRATION REGULATIONS (AMENDMENT) - REG 3
Grant of entry permits-illegal entrants
3. Regulation 35AA of the Migration Regulations is amended by omitting from subparagraph (1) (b) (i) "31 May" and substituting "30 June". 1990 No. 109 MIGRATION REGULATIONS (AMENDMENT) - REG 4
Restrictions on re-entry
4. Regulation 36 of the Migration Regulations is amended: (a) by inserting "or entry visa operating as a temporary entry permit" after "permit" in subparagraph (1) (d) (ii); (b) by inserting "or entry visa operating as a temporary entry permit" after "permit" (first occurring) in subparagraph (1) (d) (iii); (c) by inserting "or entry visa" after "permit" (second occurring) in subparagraph (1) (d) (iii); (d) by inserting "or entry visa operating as a temporary entry permit" after "temporary entry permit" in subparagraph (1) (e) (i); (e) by omitting "the permit" from subparagraph (1) (e) (i) and substituting "the entry permit or entry visa". 1990 No. 109 MIGRATION REGULATIONS (AMENDMENT) - REG 5
Prescribed criteria-classes of entry permits
5. Regulation 42 of the Migration Regulations is amended: (a) by omitting from paragraph (1A) (a) "permit not more than 2 working days after being first so arrested" and substituting "permit: (iii) within 2 working days after being first so arrested; or (iv) where within 2 working days after being first so arrested the applicant asks the Minister in writing to be allowed to lodge the application within 7 such working days-within those 7 working days;"; (b) by inserting in subparagraph (1C) (ba) (ii) "or the visa on the basis of which the prospective marriage entry permit was granted" after "visa". 1990 No. 109 MIGRATION REGULATIONS (AMENDMENT) - REG 6
Business (joint venture) visa
6. Regulation 48 of the Migration Regulations is amended: (a) by adding "or" at the end of subparagraph 48 (2) (c) (ii); (b) by omitting from paragraph 48 (2) (d) "of such" and substituting "or such". 1990 No. 109 MIGRATION REGULATIONS (AMENDMENT) - REG 7
Distinguished talent and special service (independent) visa
7. Regulation 50 of the Migration Regulations is amended by adding at the end the following word and paragraph: ", or (e) the applicant: (i) is not a person referred to in paragraph (c) or (d); and (ii) has, in the opinion of the Minister acting on the advice of: (A) the Minister responsible for an intelligence or security agency within the meaning of the Australian Security and Intelligence Organization Act 1979; or (B) the Director-General of Security holding office under that Act; provided specialised assistance to the Australian Government in matters of security.". 1990 No. 109 MIGRATION REGULATIONS (AMENDMENT) - REG 8
Employer nomination visa
8. Regulation 51 of the Migration Regulations is amended: (a) by inserting "at the time of the nomination" after "possible" in paragraph (1) (d); (b) by inserting after subregulation (1) the following subregulation: "(1A) The criterion specified in paragraph (1) (d) does not apply if the Minister is satisfied that there is no need to find a suitable applicant within Australia for the position referred to in that paragraph.". 1990 No. 109 MIGRATION REGULATIONS (AMENDMENT) - REG 9
Australian requirement visa
9. Regulation 56 of the Migration Regulations is amended: (a) by omitting paragraph (a) and substituting the following paragraph: "(a)the applicant has applied for a visa that would, if granted: (i) be an entry visa operating as a permanent entry permit on entry to Australia; or (ii) enable the applicant before entry to Australia to make an application for a permanent entry permit;"; (b) by omitting from paragraph (b) "entry permits" and substituting "visas". 1990 No. 109 MIGRATION REGULATIONS (AMENDMENT) - REG 10
10. After regulation 87 of the Migration Regulations the following regulation is inserted: Student (restricted) visa "87A. The additional criteria in relation to a student (restricted) visa are: (a) the applicant has been accepted for enrolment in a full-time English language, or non-formal, course of not more than 6 months duration which has been registered by the Minister of State for Employment, Education and Training; and (b) the Minister is satisfied: (i) that the applicant is a genuine applicant for entry to Australia as a student or trainee; and (ii) that the applicant will leave Australia before the end of his or her lawful stay in Australia; and (c) the applicant establishes that he or she has made acceptable arrangements for health insurance in Australia.". 1990 No. 109 MIGRATION REGULATIONS (AMENDMENT) - REG 11
Border visas
11. Regulation 111 of the Migration Regulations is amended: (a) by omitting paragraph (1) (e) and substituting the following paragraphs: "(e) a dependent child of a person who is an Australian citizen, an Australian permanent resident, or the holder of a temporary resident entry permit or of a visa that is: (i) a temporary entry visa; and (ii) a temporary resident visa; if the child arrives in Australia in the care of a person who is an Australian citizen or who holds a valid visa; "(ea) a person who, immediately before his or her last departure from Australia, held a temporary resident entry permit or a visa that was: (i) a temporary entry visa; and (ii) a temporary resident visa"; and who: (iii) made that departure in circumstances where it was not reasonably practicable for the person to obtain a return visa before the departure; or (iv) would, if excluded from Australia, be prevented from reunion with a close relative of the person in Australia;"; (b) by omitting "(1) (f)" from subregulation (3) and substituting "(1) (ea) or (f)". 1990 No. 109 MIGRATION REGULATIONS (AMENDMENT) - REG 12
Border entry permit
12. Regulation 112 of the Migration Regulations is amended by omitting paragraph (1) (a) and substituting the following paragraph: "(a) the applicant: (i) is the holder of a valid border visa; or (ii) has made an application in accordance with subregulation 22 (2) for an entry permit;". 1990 No. 109 MIGRATION REGULATIONS (AMENDMENT) - REG 13
Extended eligibility (spouse) entry permit
13. Regulation 126 of the Migration Regulations is amended: (a) by inserting in paragraph (1) (d) ", (ba)" after "(b)"; (b) by omitting from paragraph (2) (b) "June" and substituting "December". 1990 No. 109 MIGRATION REGULATIONS (AMENDMENT) - REG 14
Extended eligibility (family) entry permit
14. Regulation 127 of the Migration Regulations is amended: (a) by inserting in subparagraph (a) (iv) ", (ba)" after "(b)"; (b) by omitting "and" from subparagraph (a) (iv) and substituting "or". 1990 No. 109 MIGRATION REGULATIONS (AMENDMENT) - REG 15
Compassionate grounds entry permit
15. Regulation 140 of the Migration Regulations is amended by inserting in subparagraph (2) (c) (i) ", (ba)" after "(b)". 1990 No. 109 MIGRATION REGULATIONS (AMENDMENT) - REG 16
16. After Division 1 of Part 8 of the Migration Regulations the following Division is inserted: "Division 1A-Reconsideration of decisions Reconsideration of decisions to refuse to grant a visa or entry permit "173A. (1) Where a person whose application under the provisions of the Act as in force before 19 December 1989 for the grant of a visa or entry permit has been refused after 18 September 1989: (a) did not lodge under regulation 29B, 29BA, 29BB or 29BC of the Migration Regulations as in force before 19 December 1989 a second application for the visa or entry permit; and (b) is not entitled to apply under the provisions of the Migration (Review) Regulations for review of the decision; the person may make one application to the Minister, in a form approved by the Minister, to reconsider the decision. "(2) Subregulation (1) does not apply if the application was made: (a) on humanitarian grounds; or (b) on the ground that the applicant was entitled to the status of a refugee as defined in paragraph 47 (1) (d) of the Act; or (c) on the ground that the applicant was a student. "(3) Subregulation (1) does not apply if: (a) the applicant: (i) was outside Australia when the application was lodged; and (ii) applied for a visitor visa; or (b) the applicant: (i) was in Australia as a visitor; and (ii) applied for a further temporary entry permit; unless the applicant was when the application was lodged the: (c) spouse; or (d) child or step-child; or (e) adopted child or step-adopted child; or (f) parent or step-parent; or (g) sister or step-sister; or (h) brother or step-brother; or (i) fiance; of an Australian citizen, or an Australian permanent resident, normally resident in Australia. "(4) An application under subregulation (1) to reconsider a decision to refuse to grant a visa or entry permit must be lodged: (a) if the applicant is physically present in Australia when the decision is made: (i) before the expiration of 28 days after the making of the decision; or (ii) before 31 August 1990; whichever is the later; or (b) if the applicant is not so present: (i) before the expiration of 70 days after the making of the decision; or (ii) before 31 August 1990; whichever is the later.". 1990 No. 109 MIGRATION REGULATIONS (AMENDMENT) - REG 17
17. Regulation 175 of the Migration Regulations is repealed and the following regulation substituted: Notice under subsection 20 (3) of the Act "175. Form 1 is the prescribed form of notice for the purposes of subsection 20 (3) of the Act.". 1990 No. 109 MIGRATION REGULATIONS (AMENDMENT) - REG 18
Fee on application for temporary entry permit granted only in Australia
18. Regulation 185 of the Migration Regulations is amended by omitting paragraph (2) (a) and substituting the following paragraph: "(a) in the case of an application by an applicant referred to in paragraph 120 (e) or (f)-a fee of $50; or". 1990 No. 109 MIGRATION REGULATIONS (AMENDMENT) - REG 19
Fee on application for temporary entry permit granted only in Australia
19. Regulation 185 of the Migration Regulations is amended: (a) by omitting from paragraph 2 (b) "120 (h)" and substituting "120 (g)"; (b) by omitting subregulation (4A) and substituting the following subregulation: "(4A) Subregulation (4) does not apply in respect of an application if: (a) the applicant holds: (i) a private subsidised student entry visa; or (ii) a private subsidised student entry permit; or (iii) a prescribed temporary entry permit, the application for which would have resulted in the applicant being granted a private subsidised student entry visa or entry permit if the application had been made on or after 19 December 1989; and (b) the applicant has applied for a private subsidised student entry permit.". 1990 No. 109 MIGRATION REGULATIONS (AMENDMENT) - REG 20
20. After regulation 196 of the Migration Regulations the following regulations are inserted: Fees-trainee (English language) visa "197. There is payable on application for a trainee (English language) visa: (a) if the applicant is a citizen of a country specified by the Minister by notice in the Gazette as a country to which this paragraph applies-a fee of $30; or (b) if the applicant is not a citizen of such a country-a fee of $160. Fees-trainee (non-formal course) visa "198. There is payable on application for a trainee (non-formal course) visa: (a) where the applicant is a trainee-a fee of $30; or (b) where the applicant is undertaking a training course approved by the Department of Defence-no fee; or (c) where paragraphs (a) and (b) do not apply: (i) if the applicant is a citizen of a country specified by the Minister by notice published in the Gazette as a country to which this subparagraph applies-a fee of $30; or (ii) if the applicant is not a citizen of such a country-a fee of $160. Fees-student (restricted) visa "199. There is payable on application for a student (restricted) visa: (a) if the applicant is a citizen of a country specified by the Minister by notice in the Gazette as a country to which this paragraph applies-a fee of $30; or (b) if the applicant is not a citizen of such a country-a fee of $160. Fee-application for reconsideration of decision "200. There is payable on application under regulation 173A for reconsideration of a decision to refuse to grant a visa or entry permit a fee of $240.". 1990 No. 109 MIGRATION REGULATIONS (AMENDMENT) - REG 21
Schedule 2
21. Schedule 2 to the Migration Regulations is amended: (a) by inserting in column 2 in item 7 in Part 1 "and special service" after "talent"; (b) by adding at the end of Part 1 the following item: "56 student (restricted) (a) the criteria specified in regulation 87A; 556". (b) B1, D, H, K 1990 No. 109 MIGRATION REGULATIONS (AMENDMENT) - REG 22
Schedule 3
22. Schedule 3 to the Migration Regulations is amended: (a) by inserting in column 2 in item 7 in Part 1 "and special service" after "talent"; (b) by adding at the end of Part 1 the following item: "56 student (restricted) 556". 1990 No. 109 MIGRATION REGULATIONS (AMENDMENT) - REG 23
Schedule 5
23. Schedule 5 to the Migration Regulations is amended: (a) by omitting from column 2 in item 1 "transit visa referred to in regulation 110" and substituting "87A, transit visa referred to in regulation 110,"; (b) by inserting ", 87A," after "(inclusive)" in column 2 in item 3; (c) by adding at the end in column 2 in item 11 ", 87A". 1990 No. 109 MIGRATION REGULATIONS (AMENDMENT) - REG 24
Schedule 8
24. Schedule 8 to the Migration Regulations is amended: (a) by inserting in column 2 in item 7 in Part 1 "and special service" after "talent"; (b) by omitting "160" in column 3 in item 43 in Part 1 and substituting "the fee ascertained under regulation 197"; (c) by omitting paragraphs (a) and (b) in column 3 in item 44 in Part 1 and substituting "the fee ascertained under regulation 198"; (d) by adding at the end of Part 1 the following item: "77 student (restricted) the fee ascertained under regulation 199"; (e) by omitting from column 3 in item 12 in Part 2 "subregulation" and substituting "regulation".