Statutory Rules 1994   No. 391

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Migration (1993) Regulations2 (Amendment)

I, The 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 4 March 1994.

 BILL HAYDEN

 Governor-General

By His Excellency’s Command,

NICK BOLKUS

Minister for Immigration and Ethnic Affairs

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1.   Amendment

1.1   The Migration (1993) Regulations are amended as set out in these Regulations.

[NOTE: These Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.]

2.   Schedule 1 (Classification of visas and entry permits)

2.1   After item 2801B, insert:

“2801C 775 (Designated persons (child) (temporary))  —”.

3.   Schedule 2, Chapter 2.8 (Miscellaneous visas and entry permits)

3.1   After Part 774, insert:

“PART 775—CLASS 775 (DESIGNATED PERSONS (CHILD) (TEMPORARY)) VISA AND ENTRY PERMIT

775.1 INTRODUCTION

775.11 Group: 2.8 (miscellaneous).

775.12 Purpose of grant: To authorise a temporary stay in Australia for a child who is in custody under section 54L of the Act.

[NOTE: In relation to Class 775 entry permits, all applicants are primary persons.]

775.2 DESIGNATED PERSONS (CHILD) (TEMPORARY) VISA—PRELIMINARY

775.21 When and where may application and grant be made?

775.211 A Class 775 visa may be applied for and granted only in Australia but before entry.

775.22 Period of validity (visa): Until the end of the day after the day of issue of the visa.

775.3 DESIGNATED PERSONS (CHILD) (TEMPORARY) VISA (BEFORE ENTRY)

[NOTE: The purpose of the grant of a Class 775 visa before entry is to facilitate the grant to a child of a Class 775 entry permit.]

775.31 Application (visa—before entry)

775.311 The application must be made in accordance with approved form 995.

775.32 Criteria to be satisfied at time of application (visa—before entry)

775.321 The applicant:

 (a) is a designated person within the meaning of section 54K of the Act; and

 (b) is in custody under section 54L of the Act; and

 (c) has not turned 18.

775.322 An entry application (within the meaning of section 54K of the Act):

 (a) has been made by the applicant; or

 (b) that includes the applicant has been made by another person; or

 (c) has been made by a person of whose family unit the applicant is a member and:

 (i) the applicant was born in Australia after the making of that entry application; or

 (ii) the applicant became the member of the family unit of a person after the making of that entry application;

and either:

 (d) a decision has not been made in relation to that entry application; or

 (e) the entry application has been refused but not all appeals against, or reviews of, the refusal have yet been finalised.

775.33 Criteria to be satisfied at time of decision (visa—before entry)

775.331 The applicant continues to satisfy the criteria specified in clauses 775.321 and 775.322.

775.332 The Minister is satisfied that, as an alternative to custody, an arrangement has been made between the applicant and an Australian citizen or an Australian permanent resident (in this Division called ‘the carer’) for the care and welfare of the applicant.

775.333 The Minister is satisfied that the care arrangement referred to in clause 775.332 is in the applicant’s best interests.

775.334 The applicant satisfies public interest criteria 4001 to 4003, 4007 and 4008.

775.335  If so requested by the Minister, the carer has given a written undertaking to the Minister that the carer will meet all the expenses of maintaining the applicant during the non-custodial care arrangement, and the undertaking has been accepted by the Minister.

755.336 The Minister is satisfied that the grant of the visa would not prejudice the rights and interests of any person who has, or may reasonably be expected to have, custody or guardianship of, or access to, the applicant.

775.34 Conditions (visa—before entry)

775.341 Mandatory conditions: 9203.

775.342 Discretionary conditions: Nil.

[775.4 Designated persons (child) (temporary) visa not granted after entry]

775.5 DESIGNATED PERSONS (CHILD) (TEMPORARY)

ENTRY PERMIT—PRELIMINARY

775.51 When and where may application and grant be made?

775.511 A Class 775 entry permit may be applied for and granted either before or after entry.

775.52 Period of validity (entry permit)

775.521 A Class 775 entry permit has effect until such time as:

 (a) a decision has been made in relation to the entry application made for the applicant, and all appeals against and reviews of any refusal of that application have been finalised; or

 (b) an entry permit of another class has been granted to the applicant; or

 (c) the person with whom the applicant arrived in Australia has asked the Minister, in writing, to be removed from Australia.

775.6 DESIGNATED PERSONS (CHILD) (TEMPORARY) ENTRY PERMIT (BEFORE ENTRY): As provided by regulation 2.30.

775.7 DESIGNATED PERSONS (CHILD) (TEMPORARY) ENTRY PERMIT (AFTER ENTRY)

[NOTE: The purpose of the grant of a Class 775 entry permit after entry is to authorise a temporary stay in Australia for a child who is in custody under section 54L of the Act.]

775.71 Application (entry permit—after entry)

775.771 The application must be made in accordance with approved form 995.

775.72 Criteria to be satisfied at the time of application (entry permit—after entry)

775.721 The applicant:

 (a) is a designated person within the meaning of section               54K of the Act; and

 (b) is in custody under section 54L of the Act; and

 (c) has not turned 18.

775.722 An entry application (within the meaning of section 54K of the Act):

 (a) has been made by the applicant; or

 (b) that includes the applicant has been made by another person; or

 (c) has been made by a person of whose family unit the applicant is a member and:

 (i) the applicant was born in Australia after the making of that entry application; or

 (ii) the applicant became the member of the family unit of a person after the making of that entry application;

and either:

 (d) a decision has not been made in relation to that entry application; or

 (e) the entry application has been refused but not all appeals against, or reviews of, the refusal have yet been finalised.

775.73 Criteria to be satisfied at time of decision (entry permit—after entry)

775.731 The applicant continues to satisfy the criteria specified in clauses 775.721 and 775.722.

775.732 The Minister is satisfied that, as an alternative to custody, an arrangement has been made between the applicant and an Australian citizen or an Australian permanent resident (in this Division called ‘the carer’) for the care and welfare of the applicant.

775.733 The Minister is satisfied that the care arrangement referred to in clause 775.732 is in the applicant’s best interests.

775.734 The applicant satisfies public interest criteria 4001 to 4003, 4007 and 4008.

775.735 If so requested by the Minister, the carer has given a written undertaking to the Minister that the carer will meet all the expenses of maintaining the applicant during the non-custodial care arrangement, and the undertaking has been accepted by the Minister.

755.736 The Minister is satisfied that the grant of the visa would not prejudice the rights and interests of any person who has, or may reasonably be expected to have, custody or guardianship of, or access to, the applicant.

775.74 Conditions (entry permit—after entry)

775.741 Mandatory conditions: 9203.

775.742 Discretionary conditions: Nil.

775.8 FEES: Nil.”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on  11 March 1994.

2. Statutory Rules 1992 No. 367 as amended by 1993 Nos. 19, 29, 88, 169, 175, 218, 235, 253, 267, 283, 309, 310, 329, 363 and 371; 1994 Nos. 11 and 38.