Migration Amendment (Subclass 309 Applicant Review Rights) Regulations 2023

I, General the Honourable David Hurley AC DSC (Retd), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated    30 March 2023

David Hurley

Governor‑General

By His Excellency’s Command

Andrew Giles

Minister for Immigration, Citizenship and Multicultural Affairs

Contents

1 Name

2 Commencement

3 Authority

4 Schedules

Schedule 1—Amendments

Part 1—Amendments

Migration Regulations 1994

Part 2—Application of amendments

Migration Regulations 1994

1  Name

  This instrument is the Migration Amendment (Subclass 309 Applicant Review Rights) Regulations 2023.

2  Commencement

 (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

 (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

  This instrument is made under the Migration Act 1958.

4  Schedules

  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Amendments

Part 1—Amendments

Migration Regulations 1994

1  Paragraph 4.02(5)(r)

Repeal the paragraph, substitute:

 (r) in the case of a decision to which paragraph (4)(s) applies:

 (i) if the visa applied for is a Subclass 300 (Prospective Marriage) visa—the sponsor; or

 (ii) if the visa applied for is a Subclass 309 (Partner (Provisional)) visa—the applicant;

Part 2—Application of amendments

Migration Regulations 1994

2  In the appropriate position in Schedule 13

Insert:

Part 116—Amendments made by the Migration Amendment (Subclass 309 Applicant Review Rights) Regulations 2023

11601  Operation of amendments

  The amendments made by Part 1 of Schedule 1 to the Migration Amendment (Subclass 309 Applicant Review Rights) Regulations 2023 apply in relation to a decision to refuse to grant a Subclass 309 (Partner (Provisional)) visa made on or after the commencement of that Part, whether the visa application was made before, on or after that commencement.