MIGRATION LEGISLATION AMENDMENT ACT (No. 2) 1995 No. 1, 1995
Making Information - Assented to 17 February 1995
MIGRATION LEGISLATION AMENDMENT ACT (No. 2) 1995 No. 1, 1995 - LONG TITLE
An Act to amend the Migration Act 1958, and for related purposes MIGRATION LEGISLATION AMENDMENT ACT (No. 2) 1995 No. 1, 1995 - SECT 1 Short title
1. This Act may be cited as the Migration Legislation Amendment Act (No. 2) 1995. (Minister's second reading speech made in- Senate on 31 January 1995 House of Representatives on 9 February 1995) MIGRATION LEGISLATION AMENDMENT ACT (No. 2) 1995 No. 1, 1995 - SECT 2 Commencement
2. This Act commences on the day on which it receives the Royal Assent. MIGRATION LEGISLATION AMENDMENT ACT (No. 2) 1995 No. 1, 1995 - SECT 3 Schedule
3. The Migration Act 1958 is amended in accordance with the applicable items in the Schedule. MIGRATION LEGISLATION AMENDMENT ACT (No. 2) 1995 No. 1, 1995 - SECT 4 Applications made before People's Republic of China prescribed as a safe third country in relation to certain non-citizens
4.(1) Subject to subsection (3) and to section 91F of the Migration Act 1958, if: (a) Subdivision AI of Division 3 of Part 2 of the Migration Act 1958 applies to a non-citizen immediately after Statutory Rules 1995 No. 3 took effect and did not apply to the non-citizen immediately before those Statutory Rules took effect; and (b) during the period (the "transitional period") from the beginning of 30 December 1994 until immediately before those Statutory Rules took effect, the non-citizen made an application for a protection visa; then: (c) if the non-citizen had not been immigration cleared at the time of making the application-that application, and any other application made by the non-citizen for a visa made during the transitional period, ceases to be a valid application on the commencement of this section; and (d) if the non-citizen had been immigration cleared at the time of making the application-that application, and any other application made by the non-citizen for a protection visa made during the transitional period, ceases to be a valid application on the commencement of this section; and (e) on and after the commencement of this section, the Migration Act 1958 applies as if the non-citizen had applied for a protection visa immediately after that commencement. (2) To avoid doubt: (a) paragraphs (1)(c) and (d) apply even if an application referred to in the paragraph concerned, or a decision in relation to such an application, is the subject of a review by, or an appeal or application to, the Immigration Review Tribunal, the Refugee Review Tribunal, the Administrative Appeals Tribunal, a Federal Court or any other body or court; and (b) no visa may be granted to the non-citizen as a direct, or indirect, result of such an application. (3) Subsection (1) does not apply in relation to a non-citizen who, before the commencement of this section, has: (a) been granted a substantive visa as a result of an application referred to in that subsection; or (b) been determined under the Migration Act 1958 to be a non-citizen who satisfies the criterion mentioned in subsection 36(2) of that Act. (4) The Migration Act 1958 applies in relation to applications covered by subsection (1) as if: (a) subsection 91F(1) of that Act were omitted and the following subsection substituted: "(1) If the Minister thinks that it is in the public interest to do so, the Minister may, by written notice given to a particular non-citizen, determine that subsection 4(1) of the Migration Legislation Amendment Act (No. 2) 1995 does not apply to an application for a visa made by the non-citizen during the transitional period referred to in that subsection."; and (b) subsection 198(7) of that Act were amended by omitting all the words after "migration zone" (first occurring). MIGRATION LEGISLATION AMENDMENT ACT (No. 2) 1995 No. 1, 1995 - SCHEDULE 1
SCHEDULE Section 3 AMENDMENT OF THE MIGRATION ACT 1958 1. Subsection 91F(1): Omit the subsection, substitute: "(1) If the Minister thinks that it is in the public interest to do so, the Minister may, by written notice given to a particular non-citizen, determine: (a) that section 91E does not apply to an application for a visa made by the non-citizen in the period starting when the notice is given and ending at the end of the seventh working day after the day that the notice is given; or (b) that section 91G does not apply to an application for a visa made by the non-citizen during the transitional period referred to in that section.". 2. After section 91F: Insert in Subdivision AI of Division 3 of Part 2: Applications made before regulations take effect "91G.(1) Subject to section 91F and subsection (3), if: (a) this Subdivision applies to a non-citizen immediately after a regulation prescribing a country as a safe third country takes effect and did not apply to the non-citizen immediately before that time; and (b) the regulation prescribes a day as the cut off day; and (c) during the period (the `transitional period') from the beginning of the cut off day until immediately before that regulation takes effect, the non-citizen made an application for a protection visa; then: (d) if the non-citizen had not been immigration cleared at the time of making the application-that application, and any other application made by the non-citizen for a visa made during the transitional period, ceases to be a valid application when the regulation takes effect; and (e) if the non-citizen had been immigration cleared at the time of making the application-that application, and any other application made by the non-citizen for a protection visa made during the transitional period, ceases to be a valid application when the regulation takes effect; and (f) on and after the regulation takes effect, this Act applies as if the non-citizen had applied for a protection visa immediately after the regulation takes effect. "(2) To avoid doubt: (a) paragraphs (1)(d) and (e) apply even if an application referred to in the paragraph concerned, or a decision in relation to such an application, is the subject of a review by, or an appeal or application to, the Immigration Review Tribunal, the Refugee Review Tribunal, the Administrative Appeals Tribunal, a Federal Court or any other body or court; and (b) no visa may be granted to the non-citizen as a direct, or indirect, result of such an application. "(3) Subsection (1) does not apply in relation to a non-citizen who, before the regulation referred to in that subsection takes effect, has: (a) been granted a substantive visa as a result of an application referred to in that subsection; or (b) been determined under this Act to be a non-citizen who satisfies the criterion mentioned in subsection 36(2). "(4) The cut off day specified in the regulation must not be: (a) before a day on which the Minister, by notice in the Gazette, announces that he or she intends that such a regulation will be made; or (b) more than 6 months before the regulation takes effect.". 3. Subparagraph 198(7)(d)(i): Omit "subsection 91F(1)", substitute "paragraph 91F(1)(a)". 4. Subparagraph 198(7)(d)(ii): Omit "subsection", substitute "paragraph".