Statutory Rules 1993   No. 3631

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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 15 December 1993.

 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.   Regulation 7.18 (Prescribed matters (subsection 63 (1) of Act))

2.1   Add at the end:

 “; (h) whether the person has held a PRC (temporary) visa (code number 783) granted under the Migration (1989) Regulations or a Class 437 (PRC (temporary)) entry permit;

 (j) whether the person is a citizen of PRC who:

 (i) is shown by records kept by Immigration to have been in Australia on or before 20 June 1989; and

 (ii) was, on 1 November 1993, either in Australia or the holder of a valid return visa;

 (k) whether the person is a member of the family unit of a person of the kind referred to in paragraph (h) or (j);

 (l) whether the person:

 (i) is the spouse, or a dependent child, of the holder of a Class 784 (domestic protection (temporary)) entry permit; and

 (ii) has not applied for:

 (a) a determination of refugee status; or

 (b) a Class 784 entry permit;

 (m) whether the person meets the requirements of subregulation (2) or (3).

 “(2) A person meets the requirements of this subregulation if:

 (a) he or she had not turned 45 before 1 November 1993; and

 (b) he or she was granted a visa (of any class) overseas on or before 12 March 1992 and used that visa to travel to Australia on or before 1 November 1993; and

 (c) on 1 November 1993, he or she was either in Australia or the holder of a valid return visa; and

 (d) on or before 1 November 1993, he or she applied for:

 (i) a determination of refugee status (whether or not the application has been decided, and whether or not the decision, if made, was adverse to the applicant); or

 (ii) a Class 435 (Sri Lankan (temporary)) or 443 (Citizens of the former Socialist Federal Republic of Yugoslavia (temporary)) entry permit; and

 (e) in the case of a person to whom paragraph (d) (ii) applies:

 (i) the application referred to in that subparagraph has not been decided; and

 (ii) he or she appears to the Minister, on the basis of information in the records of Immigration, to meet the requirements for the grant to him or her of a Class 435 or 443 entry permit.

 “(3) A person meets the requirements of this subregulation if he or she is a member of the family unit of a person who meets the requirements of subregulation (2).”.

3.   Schedule 2, Chapter 1.3 (Cambodian (Special Assistance) visa and entry permit)

3.1   Clauses 214.321 and 214.322:

Omit the clauses, substitute:

“214.321 (1)   The applicant:

 (a) is usually a resident of Cambodia and is experiencing hardship in Cambodia as a result of upheavals in that country over recent years; and

 (b) has close links with Australia.

 “(2) For the purposes of subclause (1), an applicant has close links with Australia if:

 (a) the applicant has a parent, daughter, son, sister, brother, aunt, uncle, niece or nephew who:

 (i) was an Australian citizen or an Australian permanent resident on 1 October 1993; and

 (ii) continues to be an Australian citizen or an Australian permanent resident; and

 (iii) is usually resident in Australia; or

 (b) the applicant:

 (i) arrived in Australia by boat, without a visa or other authority, between 28 November 1989 and 26 April 1991; and

 (ii) before that arrival was usually a resident of Cambodia; and

 (iii) was in detention under the Migration Act 1958  for most of his or her stay in Australia; and

 (iv) subsequently returned to Cambodia.”.

3.2   Paragraph 214.323 (a):

Omit “paragraph 214.322 (a)”, substitute “paragraph 214.321 (1) (a)”.

3.3   Clause 214.332:

After “applicant”, insert “, and each member of the family unit of the applicant born before the lodging of the application who is also an applicant for a Class 214 visa,”.

4.   Schedule 2, Chapter 2.6 (Refugee and humanitarian (temporary entry) visas and entry permits)

4.1   Clause 435.521:

Omit “31 January 1994”, substitute “30 June 1994”.

4.2   Clause 435.723:

Omit “31 January 1994”, substitute “30 June 1994”.

4.3   Clause 443.521:

Omit “31 January 1994”, substitute “30 June 1994”.

4.4   Clause 443.723:

Omit “31 January 1994”, substitute “30 June 1994”.

5.   Schedule 3   (Provisions with respect to the grant of visas and entry permits included in certain groups to secondary persons)

5.1   Clause 013.335:

After the clause, insert:

“013.336 If the applicant is an applicant for a Class 214 (Cambodian (special assistance)) visa, the applicant has been residing in Cambodia for a period of 12 months, unless the applicant was born after the application by the relevant primary person was lodged.”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 23 December 1993.

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