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.