Migration Amendment (Merits Review) Regulations 2021

I, General the Honourable David Hurley AC DSC (Retd), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated 24 June 2021

David Hurley

Governor‑General

By His Excellency’s Command

Alex Hawke

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

Contents

1 Name

2 Commencement

3 Authority

4 Schedules

Schedule 1—Amendments

Migration Regulations 1994

1  Name

  This instrument is the Migration Amendment (Merits Review) Regulations 2021.

2  Commencement

 (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

 (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

  This instrument is made under the Migration Act 1958.

4  Schedules

  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Amendments

Migration Regulations 1994

1  Subregulation 4.13(1)

Omit “$1,764”, substitute “$3,000”.

2  Regulation 4.13A

Before “Despite”, insert “(1)”.

3  At the end of regulation 4.13A

Add:

 (2) However, that fee is not to be increased on 1 July 2021 in accordance with regulation 4.13B.

 (3) For the purposes of working out the increase in that fee on 1 July 2022 in accordance with regulation 4.13B, the amount of that fee for the purposes of the formula in subregulation 4.13B(1) is taken to be $3,000.

4  In the appropriate position in Schedule 13

Insert:

Part 100—Amendments made by the Migration Amendment (Merits Review) Regulations 2021

10001  Operation of Schedule 1

  The amendment made by item 1 of Schedule 1 to the Migration Amendment (Merits Review) Regulations 2021 applies in relation to an application for review made on or after 1 July 2021.