Migration Amendment Regulations 1998 (No. 12)1

Statutory Rules 1998 No. 3222

made under the

Contents

Page

1 Name of regulations 2

2 Commencement 2

3 Amendment of Migration Regulations 2

Schedule 1 Amendments of Migration Regulations 3

Schedule 1 Amendments of Migration Regulations

Do not delete : Schedule Part placeholder

[1] Regulation 1.01

substitute

1.01 Name of regulations

These regulations are the Migration Regulations 1994.

[2] Schedule 1, paragraph 1101A (3) (c)

substitute

(c) Application must be accompanied by a written undertaking of support from the Ahmadiyya Muslim Association of Australia, unless:

(i) the applicant’s entry to Australia is proposed in accordance with approved form 681 by an Australian citizen or an Australian permanent resident (the proposer) who is, or has been, the holder of a Subclass 216 visa; and

(ii) the applicant claims to be a member of the immediate family of the proposer.

[3] Schedule 2, clause 051.111

substitute

051.111 In this Part:

judicial review means the judicial review of a decision to refuse a protection visa application.

review authority includes the Administrative Appeals Tribunal.

Note 1 Compelling need to work and criminal detention are defined in regulation 1.03.

Note 2 For eligible non-citizen see regulation 2.20.

Note 3 For the meaning of finally determined, see subsection 5 (9) of the Act.

Note 4 A Subclass 051 visa may also be granted without application.

[4] Schedule 2, clause 051.212

substitute

051.212 (1) The applicant meets the requirements of subclause (2) or (3).

(2) An applicant meets the requirements of this subclause if the applicant, or a person acting on his or her behalf, has signed an undertaking acceptable to the Minister that, if the applicant’s application for a protection visa is refused, the applicant will depart Australia, or present himself or herself to Immigration for removal:

(a) within 28 days after the applicant is notified of adverse final determination of the applicant’s protection visa application; or

(b) within 28 days after the applicant withdraws his or her protection visa application; or

(i) within 28 days after completion of proceedings (including proceedings on appeal, if any) in which the outcome is that the decision is maintained; or

(ii) within 28 days after the applicant withdraws the application for judicial review.

(3) An applicant meets the requirements of this subclause if:

(a) the applicant has applied for judicial review; and

(b) the applicant or a person acting on his or her behalf has signed an undertaking acceptable to the Minister that the applicant will depart Australia, or present himself or herself to Immigration for removal, within 28 days after one of the following events:

(i) the judicial review (including proceedings on appeal, if any) is completed and the outcome is that the decision is maintained;

(ii) the applicant withdraws the application for judicial review.

051.213 The Minister is satisfied that the applicant satisfies:

(a) the public interest criteria 4001, 4002 and 4003; and

(b) the health criteria in clauses 866.223 and 866.224.

[5] Schedule 2, clause 051.221

omit

clauses 051.211 and 051.212.

insert

clauses 051.211, 051.212 and 051.213.