These Regulations are the Migration Amendment Regulations 2000 (No. 7).

These Regulations commence, or are taken to have commenced, as follows:

(a) on 1 November 2000 — regulations 1 to 3, and Schedule 1;

(b) on 14 December 2000 — the remainder.

3 Amendment of Migration Regulations 1994

Schedules 1 and 2 amend the Migration Regulations 1994.

(1) The amendment made by item [1] of Schedule 2 applies in relation to a notification received by the detainee on or after 14 December 2000.

(2) The amendment made by item [2] of Schedule 2 applies in relation to applications, for review by the Migration Review Tribunal of a decision to which paragraph 4.02 (4) (f) of the Migration Regulations 1994 applies and a decision to refuse to grant the visa mentioned in subparagraph 4.02 (4) (f) (ii) of those Regulations, both of which are made on or after 14 December 2000.

(3) The amendments made by items [3] to [6] of Schedule 2 apply in relation to an invitation to give, or an extension of the period to give, information or comments that is made on or after 14 December 2000.

(4) Subregulation (3) applies regardless of when the application for review by the Migration Review Tribunal to which the invitation or extension relates was made.

Schedule 1 Amendments taken to have commenced on 1 November 2000

(regulation 3)

[1] Paragraph 4.02 (5) (d)

omit

relates.

insert

relates;

[2] After paragraph 4.02 (5) (d)

insert

(e) in the case of a decision to which paragraph (4) (f) applies — the non-citizen in relation to whom the decision is made.

[3] Subregulation 4.13 (2)

substitute

(2) No fee is payable on the following:

(a) an application for review by the Tribunal of a primary decision of a kind referred to in subsection 338 (4) of the Act;

(b) an application, made by a non-citizen who is in immigration detention, for review by the Tribunal of a decision to which paragraph 4.02 (4) (f) applies.

Schedule 2 Amendments commencing on 14 December 2000

(regulation 3)

[1] After paragraph 4.10 (2) (a)

insert

(aa) in the case of an application for review of a decision to which paragraph 4.02 (4) (f) applies — starts when the detainee receives notice of the decision to refuse to grant the visa mentioned in subparagraph 4.02 (4) (f) (ii) and ends at the end of 2 working days after the day on which the notice is received; or

[2] After subregulation 4.12 (4)

insert

(5) If a person applies for review by the Tribunal of:

(a) a decision to which paragraph 4.02 (4) (f) applies; and

(b) a decision to refuse to grant the visa mentioned in subparagraph 4.02 (4) (f) (ii) that is an MRT‑reviewable decision;

the applications for review by the Tribunal of the decisions are taken to be combined.

[3] Subregulation 4.17 (2)

omit everything before

the prescribed period

insert

(2) If the invitation relates to:

(a) an application for review of a decision that applies to a detainee because of:

(i) the cancellation of a bridging visa that applies to the detainee; or

(ii) a refusal to grant a bridging visa that applies to the detainee; or

(b) an application for review of a decision to which paragraph 4.02 (4) (f) applies that applies to a detainee;

[4] Subregulation 4.18 (2)

omit everything before

the prescribed period

insert

(2) If the invitation relates to:

(a) an application for review of a decision that applies to a detainee because of:

(i) the cancellation of a bridging visa that applies to the detainee; or

(ii) a refusal to grant a bridging visa that applies to the detainee; or

(b) an application for review of a decision to which paragraph 4.02 (4) (f) applies that applies to a detainee;

[5] Subregulation 4.18A (2)

omit everything before

the period by

insert

(2) If the invitation relates to:

(a) an application for review of a decision that applies to a detainee because of:

(i) the cancellation of a bridging visa that applies to the detainee; or

(ii) a refusal to grant a bridging visa that applies to the detainee; or

(b) an application for review of a decision to which paragraph 4.02 (4) (f) applies that applies to a detainee;

[6] Subregulation 4.18B (2)

omit everything before

the period by

insert

(2) If the invitation relates to:

(a) an application for review of a decision that applies to a detainee because of:

(i) the cancellation of a bridging visa that applies to the detainee; or

(ii) a refusal to grant a bridging visa that applies to the detainee; or

(b) an application for review of a decision to which paragraph 4.02 (4) (f) applies that applies to a detainee;

Notes

1. These Regulations amend Statutory Rules 1994 No. 268, as amended by 1994 Nos. 280, 322, 376 and 452; 1995 Nos. 3, 38, 117, 134, 268, 302 and 411; 1996 Nos. 12, 75 (regulations 7 and 8 were disallowed by the Senate on 11 September 1996), 76, 108, 121, 135, 198, 211 (regulations 4, 10, 11, 13.3, 14-37, 47-49, 51, 53-55, 74, 77.16, 77.19, 78, 85, 119 and 114 were disallowed by the Senate on 7 November 1996) and 276; 1997 Nos. 17, 64, 91, 92, 109, 137, 184, 185, 216, 263, 279, 288, 301 and 354; 1998 Nos. 36, 37, 104 (regulation 15 was disallowed by the Senate on 2 July 1998), 139, 210, 214, 284, 285 (disallowed by the Senate on 31 March 1999), 304, 305, 306 and 322; 1999 Nos. 8, 58, 64, 68 (as amended by 1999 Nos. 81 and 132), 76 (as amended by 1999 Nos. 81 and 132), 81 (as amended by 1999 No. 132), 82, 132, 155, 198, 220 (as amended by 1999 Nos. 259 and 321), 243, 259 (as amended by 2000 No. 259), 260 (as amended by 1999 No. 321), 321 and 325; 2000 Nos. 52, 62, 108, 192, 259 (item [4108] of Schedule 4 was disallowed by the Senate on 1 November 2000) and 284.

2. Notified in the Commonwealth of Australia Gazette on 14 December 2000.