Migration Amendment Regulations 2005 (No. 12)1
Select Legislative Instrument 2005 No. 339
I, PHILIP MICHAEL JEFFERY, 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 2005
P. M. JEFFERY
Governor-General
By His Excellency’s Command
AMANDA VANSTONE
Minister for Immigration and Multicultural and Indigenous Affairs
Contents
1 Name of Regulations
2 Commencement
3 Amendment of Migration Regulations 1994
4 Transitional
Schedule 1 Amendment of Schedule 1 relating to applications for Special Category Visas
Schedule 2 Amendments of Schedule 1 relating to bridging visas
Schedule 3 Amendments of Schedule 2 relating to members of the family unit of a Subclass 151 (Former Resident) visa applicant
These Regulations are the Migration Amendment Regulations 2005 (No. 12).
These Regulations commence on the day after they are registered.
3 Amendment of Migration Regulations 1994
Schedules 1, 2 and 3 amend the Migration Regulations 1994.
(1) The amendments made by Schedules 1 and 2 apply in relation to an application for a visa made on or after these Regulations commence.
(2) The amendments made by Schedule 3 apply in relation to:
(a) an application for a visa made on or after 1 November 2005 that has not been finally determined (within the meaning of subsection 5 (9) of the Migration Act 1958) before these Regulations commence; and
(b) an application for a visa made on or after these Regulations commence.
Schedule 1 Amendment of Schedule 1 relating to applications for Special Category Visas
(regulation 3)
[1] Paragraphs 1219 (3) (a) and (b)
substitute
(a) Application must be made:
(i) if the applicant does not hold a visa:
(A) in Australia, either in immigration clearance or after immigration clearance; or
(B) if the applicant is to travel to Australia on a pre-cleared flight — outside Australia in immigration clearance; or
(ii) if the applicant is the holder of a temporary visa — in Australia, but not in immigration clearance.
(b) The applicant must give an officer or a clearance officer, as the case may be, a New Zealand passport that is in force.
Schedule 2 Amendments of Schedule 1 relating to bridging visas
(regulation 3)
[1] Subitem 1301 (1)
omit
or 1208.
insert
, 1208 or 1261.
[2] Subitem 1303 (1)
omit
or 1150E (Internet).
insert
, 1150E (Internet) or 1261.
(regulation 3)
[1] Paragraph 151.225 (b)
omit
4010.
insert
4010; and
[2] After paragraph 151.225 (b)
insert
(c) each member of the family unit of the applicant, who is an applicant for a Special Eligibility (Class CB) visa and who has previously been in Australia, is a person who satisfies special return criteria 5001, 5002 and 5010.
[3] Paragraph 151.226 (b)
omit
4010.
insert
4010; and
[4] After paragraph 151.226 (b)
insert
(c) each member of the family unit of the applicant, who is an applicant for a Special Eligibility (Class CB) visa and who has previously been in Australia, is a person who satisfies special return criteria 5001 and 5002.
[5] Paragraph 151.227 (a)
omit
criterion 4007; or
insert
criterion 4007; and
[6] After clause 151.227
insert
151.227A If the applicant is a defence service applicant who is outside Australia, each member of the family unit of the applicant, who is an applicant for a Special Eligibility (Class CB) visa and who has previously been in Australia, is a person who satisfies special return criteria 5001, 5002 and 5010.
151.227B If the applicant is a defence service applicant who is in Australia, each member of the family unit of the applicant, who is an applicant for a Special Eligibility (Class CB) visa and who has previously been in Australia, is a person who satisfies special return criteria 5001 and 5002.
Note
1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.frli.gov.au.