Statutory Rules 1989 No. 661
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Migration Regulations2 (Amendment)
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Migration Act 1958.
Dated 10 April 1989.
BILL HAYDEN
Governor-General
By His Excellency’s Command,
ROBERT RAY
Minister of State for Immigration, Local
Government and Ethnic Affairs
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Principal Regulations
1. In these Regulations, “Principal Regulations” means the Migration Regulations.
Interpretation
2. Regulation 3 of the Principal Regulations is amended by inserting in subregulation (1) the following definitions:
“‘Australian permanent resident’ means a non-citizen other than a prohibited non-citizen, who, being usually resident in Australia, is:
(a) the holder of:
(i) an entry permit other than a temporary entry permit;
(ii) a return endorsement; or
(iii) a resident return visa;
being an entry permit, return endorsement or resident return visa that is in force;
(b) a person who:
(i) is likely to remain permanently in Australia; and
(ii) is exempted, or is included in a class of persons exempted, from the requirements of Division 1 of Part II of the Act by virtue of paragraph 8 (1) (e) of the Act; or
(c) a person, other than a person to whom Division 1 of Part II of the Act does not apply, whose continued presence in Australia is not subject to a limitation as to time imposed by law;
‘close relative’, in relation to a person making a second application under regulation 29b or 29ba, means:
(a) a spouse;
(b) a de facto spouse within the meaning of the Social Security Act 1947;
(c) a child;
(d) a parent;
(e) a brother or sister;
(f) a person engaged to be married to the applicant; or
(g) a step-relative having the same degree of relationship as that specified in any of paragraphs (a), (b), (c), (d) or (e);
who is an Australian citizen usually resident in Australia, or an Australian permanent resident, over the age of 18 years;”.
Fees for entry permits
3. Regulation 29a of the Principal Regulations is amended by omitting subregulation (2b).
4. After regulation 29ac of the Principal Regulations the following regulations are inserted:
Second application—entry permit or further temporary entry permit
“29b. (1) In this regulation:
‘temporary resident’ means the holder of a temporary entry permit which is in force who is authorised to work in Australia and is not a prescribed non-citizen as referred to in paragraph 6 (4) (c) of the Act;
‘visitor’ means the holder of a temporary entry permit who is not a temporary resident or a person referred to in subregulation (4).
“(2) Where, upon an application by a person:
(a) an authorised officer for the purposes of section 6a of the Act refuses to grant to the person an entry permit other than a temporary entry permit;
(b) the person was lawfully in Australia at the time the application was made;
(c) not later than 28 days after being notified of the refusal, the person, being present in Australia, lodges in Australia a second application for such an entry permit;
the fee payable on lodging the second application is $240.
“(3) Where, upon an application for the grant of a further temporary entry permit by a person lawfully in Australia as a temporary resident:
(a) an authorised officer refuses to grant the further temporary entry permit; and
(b) not later than 14 days after being notified of the refusal, the person, being present in Australia, lodges in Australia a second application for the grant of a further temporary entry permit;
the fee payable on lodging the second application is $240.
“(4) Where, upon an application for the grant of a further temporary entry permit by a person to whom a temporary entry permit was granted to enter or remain in Australia, or both, for business discussions, or for prearranged medical treatment, being a person lawfully in Australia at the time of the application:
(a) an authorised officer refuses to grant the further temporary entry permit; and
(b) not later than 14 days after being notified of the refusal, the person, being present in Australia, lodges in Australia a second application for the grant of a further temporary entry permit;
the fee payable on lodging the second application is $240.
“(5) Where, upon an application for the grant of a further entry permit by a person lawfully in Australia as a visitor:
(a) an authorised officer refuses to grant the further temporary entry permit;
(b) not later than 14 days after being notified of the refusal, the person, being present in Australia, lodges in Australia a second application for the grant of a further temporary entry permit; and
(c) the second application is supported by a close relative in accordance with a form approved by the Minister for the purposes of this provision;
the fee payable on lodging the second application is $240.
Second application—visa in relation to temporary entry permit
“29ba. Where, upon an application by a person for the grant of a visa with respect to travel to Australia by the person with a view to obtaining a temporary entry permit:
(a) an authorised officer refuses to grant the visa;
(b) not later than 90 days after being notified of the refusal, the person lodges in Australia a second application for such a visa; and
(c) that second application is supported in writing in accordance with a form approved by the Minister for the purposes of this provision by:
(i) a close relative;
(ii) an Australian citizen usually resident in Australia, or an Australian permanent resident, who:
(a) as an employer in Australia, proposes to employ the applicant in Australia and such a proposal was included in the original application; or
(b) proposes to enter into a business partnership or joint venture in Australia with the applicant and such a proposal was included in the original application; or
(iii) an Australian citizen usually resident in Australia, or an Australian permanent resident, or a business or body corporate having a place of business in Australia, with whom or which the applicant has arranged to undertake business negotiations or discussions which were the principal reason for the original application;
the fee payable on lodging the second application is $240.
Second application—visa in relation to migrant entry
“29bb. (1) Where, upon an application by a person for the grant of a visa with respect to travel to Australia by the person with a view to obtaining an entry permit (other than a temporary entry permit) under a relevant scheme:
(a) an authorised officer refuses to grant the visa;
(b) not later than 90 days after being notified of the refusal, the person lodges in Australia a second application for such a visa; and
(c) the second application is supported as referred to in subregulation (2) in accordance with a form approved by the Minister for the purposes of this provision;
the fee payable on lodging the second application is $240.
“(2) Where it is a requirement of an application for a visa referred to in subregulation (1) that it must be supported in accordance with the requirement by a person within any specified class or classes of persons, the applicant is not entitled to make a second application for such a visa under this regulation unless the second application is supported by the person who supported the original application.
“(3) In this regulation, ‘relevant scheme’ means any of the following programs or schemes administered by the Department under which an application for a visa must be supported as referred to in subregulation (2), namely, the Business Migration Program in respect of a person who has entered into a business partnership or a joint venture partnership to be conducted in Australia, the Employer Nomination Scheme or a scheme for family migrants approved by the Minister.
Second application—resident return visa
“29bc. Where, upon an application by a person for the grant of a resident return visa within the meaning of regulation 29ac:
(a) an authorised officer refuses to grant the visa; and
(b) not later than 28 days after being notified of the refusal, the person lodges in Australia a second application for such a visa;
the fee payable on lodging the second application is $240.
Application of regulations 29b, 29ba, 29bb and 29bc
“29bd. (1) Regulations 29b, 29ba and 29bb do not apply in relation to an application for the grant of an entry permit, a further temporary entry permit or a visa, made by a person:
(a) who seeks to travel to, enter or remain in Australia as a student;
(b) who seeks to travel to, enter or remain in Australia as a refugee; or
(c) who seeks the relevant permit or visa under a special humanitarian program administered by the Department.
“(2) A person is not entitled to make a second application under regulation 29b, 29ba, 29bb or 29bc if the refusal to grant the relevant entry permit, further temporary entry permit, visa or resident return visa was a refusal by the Minister personally.
Second application—entitlement to refund
“29be. Where:
(a) a person makes a second application:
(i) under regulation 29b for the grant of an entry permit other than a temporary entry permit or a further temporary entry permit;
(ii) under regulation 29ba or 29bb for the grant of a visa; or
(iii) under regulation 29bc for the grant of a resident return visa;
(b) the fee payable on lodging that second application is duly paid; and
(c) as the result of the second application, the relevant entry permit or visa is granted;
the person is entitled to a refund of an amount equal to the amount of the fee so paid.”.
Transitional
5. Where:
(a) in the case of an application for the grant of an entry permit or a further temporary entry permit—not earlier than 28 days before 7 March 1989; or
(b) in the case of an application for the grant of a visa or a resident return visa—not earlier than 90 days before 7 March 1989;
a person has been notified in writing of the refusal of the application and the person:
(c) would be entitled, if that refusal had been notified on or after the commencement of these Regulations, to make a second application in relation to the matter to which the refusal relates; and
(d) has not, before that commencement, lodged a request for an official reconsideration or review of that refusal;
the person is entitled to make a second application under regulation 29b, 29ba, 29bb or 29bc, as the case requires, as if that first-mentioned notification was given on the day of that commencement.
NOTES
1. Notified in the Commonwealth of Australia Gazette on 17 April 1989.
2. Statutory Rules 1959 No. 35 as amended to date. For previous amendments see Note 2 to Statutory Rules 1989 No. 47 and see also Statutory Rules 1989 No. 47.