Federal Register of Legislation - Australian Government

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Migration Amendment Regulations 2011 (No. 4)

Authoritative Version
  • - F2011L01376
  • No longer in force
SLI 2011 No. 122 Regulations as made
These Regulations amend the Migration Regulations 1994 relating to the amount of the Migration Review Tribunal review application fee that may be waived or refunded.
Administered by: Immigration and Citizenship
Made 30 Jun 2011
Registered 30 Jun 2011
Tabled HR 06 Jul 2011
Tabled Senate 06 Jul 2011
Date of repeal 19 Mar 2014
Repealed by Immigration and Border Protection (Spent and Redundant Instruments) Repeal Regulation 2014
This Legislative Instrument has been subject to a Motion to Disallow:
Motion Date:
23-Aug-2011
Expiry Date:
01-Nov-2011
House:
Senate
Details:
Full
Resolution:
Negatived
Resolution Date:
21-Sep-2011
Resolution Time:
Provisions:

Commonwealth Coat of Arms

Migration Amendment Regulations 2011 (No. 4)1

Select Legislative Instrument 2011 No. 122

I, QUENTIN BRYCE, 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 30 June 2011

QUENTIN BRYCE

Governor-General

By Her Excellency’s Command

CHRIS BOWEN


1              Name of Regulations

                These Regulations are the Migration Amendment Regulations 2011 (No. 4).

2              Commencement

                These Regulations commence on 1 July 2011.

3              Amendment of Migration Regulations 1994

         (1)   Schedule 1 amends the Migration Regulations 1994.

         (2)   The amendments made by Schedule 1 apply in relation to an application, made on or after 1 July 2011, for review by the Migration Review Tribunal of a decision.


Schedule 1        Amendments

(regulation 3)

 

[1]           Subregulation 4.13 (4)

substitute

         (4)   If the Registrar, or a Deputy Registrar, of the Tribunal, or another officer of the Tribunal authorised in writing by the Registrar, is satisfied that the payment of the fee mentioned in subregulation (1) has caused, or is likely to cause, severe financial hardship to the review applicant, the Registrar, Deputy Registrar or officer may determine that the fee payable is 50% of the amount mentioned in subregulation (1).

[2]           Subregulation 4.14 (1)

substitute

         (1)   The table sets out:

                (a)    circumstances in which all or part of the amount of the fee for an application for review of a decision is to be refunded; and

               (b)    the amount that is to be refunded.

Item

If ...

the amount to be refunded is ...

Refunds for severe financial hardship

1

the applicant has paid the amount mentioned in subregulation 4.13 (1) and the Registrar, or a Deputy Registrar, of the Tribunal, or another officer of the Tribunal, has made a determination mentioned in subregulation 4.13 (4)

50% of the amount mentioned in subregulation 4.13 (1)

General refunds

2

the applicant is not entitled to apply for review by the Tribunal

the amount that the applicant was required to pay by regulation 4.13

3

the decision to which the application relates is not subject to review by the Tribunal

the amount that the applicant was required to pay by regulation 4.13

4

the Minister has given a conclusive certificate as mentioned in section 339 of the Act (which deals with conclusive certificates) in relation to the decision

Note   The conclusive certificate certifies that review would be contrary to the public interest.

the amount that the applicant was required to pay by regulation 4.13

Refunds after Tribunal decision

5

the decision to which the review relates is set aside or varied

50% of the amount mentioned in subregulation 4.13 (1)

6

the application is remitted to the primary decision‑maker for reconsideration

50% of the amount mentioned in subregulation 4.13 (1)


Note

1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.