Migration Regs (Am)

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Dated 30 June 1998.

WILLIAM DEANE
Governor-General

By His Excellency's Command,

PHILIP RUDDOCK

Minister for Immigration and Multicultural Affairs

____________

1.   Commencement

1.1   These Regulations commence on 1 July 1998.

2.   Amendment

2.1   The Migration Regulations are amended as set out in these Regulations.

3.   Regulation 2.26 (Prescribed qualifications and prescribed number of points)

3.1   Paragraph 2.26 (4) (b):

Omit "practicable", substitute "practicable, or not necessary,".

4.   Regulation 2.33 (Effect of assurance of support)

4.1   After paragraph 2.33 (i), insert:

"or (j) a youth allowance under Part 2.11 of the Social Security Act 1991; or

(k) an austudy payment under Part 2.11A of that Act;".

5.   Regulation 2.38 (Liability of person giving assurance of support)

5.1   Subregulation 2.38 (1):

Omit "a payment", substitute "support".

5.2   Subregulation 2.38 (1):

Omit "the payment" (twice occurring), substitute "the support".

5.3   After paragraph 2.38 (1) (i), insert:

"or (j) a youth allowance under Part 2.11 of that Act; or

(k) an austudy payment under Part 2.11A of that Act;".

5.4   Paragraph 2.38 (3) (b):

Omit "payment", substitute "support".

6.   Regulation 5.17 (Prescribed evidence of English language proficiency (Act, s. 5 (2) (b))

6.1   After paragraph 5.17 (a), insert:

"(b) evidence that the person has been awarded 10 or more points under Part 3 of Schedule 6 (including points awarded because of a determination by the Minister under subregulation 2.26 (4));

(c) evidence that:

(i) the person holds an award (being a degree, a higher degree, a diploma or a trade certificate) that required at least 2 years of full-time study or training; and

(ii) all instruction (including instruction received in other courses for which the person was allowed credit) for that award was conducted in English;".

7.   Schedule 2, Part 050 (Bridging visa (general))

7.1   Omit paragraph 050.212 (4) (a), substitute:

"(a) the applicant has applied for judicial review of a decision in relation to a substantive visa, other than a decision to refuse to grant a visa; or".

7.2   After paragraph 050.212 (4) (c), insert:

"; or (d) the applicant has applied for judicial review of the validity of a law that affects:

(i) the applicant's eligibility to apply for a substantive visa; or

(ii) the applicant's entitlement to be granted or to continue to hold a substantive visa.".

7.3   After subclause 050.212 (4), insert:

"(4A) For the purposes of subclauses (3A) and (4), the applicant is taken to have applied for judicial review if the applicant:

(a) is described or identified, in an application or document filed for the purposes of section 33H of the Federal Court of Australia Act 1976, as a group member to whom a representative proceeding relates; or

(b) is a person on whose behalf or for whose benefit a person sues under Order 16 Rule 12 of the High Court Rules.".

7.4   Clause 050.512:

Omit "who has applied for judicial review of a decision", substitute "to whom subparagraph 050.212 (3A) (b) (ii), or paragraph 050.212 (4) (a) or (d) applies".

7.5   Paragraph 050.512 (b):

Add at the end:

"; or (iv) if the holder opts out of, or is struck out of, the representative proceeding for judicial review--28 days after so opting out or being struck out.".

7.6   After clause 050.612, insert:

"050.612A In the case of a visa granted to an applicant (whether or not the applicant is an applicant to whom any other clause in the Division applies) who meets the requirements of subparagraph 050.212 (3A) (b) (ii), paragraph 050.212 (4) (a) or (d) or subclause 050.212 (6):

(a) condition 8101; and

(b) any 1 or more of conditions 8201, 8401, 8403, 8505, 8506, 8507, 8508, 8510, 8511 and 8512 may be imposed.".

8.   Schedule 6 (General points test--qualifications and points)

8.1   Item 6301:

Omit the item.

8.2   Item 6305:

Omit the item.

9.   Application of amendments (Assurance of support)

9.1   The amendments made by regulation 4 and subregulation 5.3, and by regulations 8 and 9 of Statutory Rules 1998 No. 104, apply in relation to assurances of support given on or after 1 July 1998.

10.   Application of amendments (Preferential Family and Family)

10.1   The amendments made by regulations 13 and 16 of Statutory Rules 1998 No. 104 apply in relation to applications for permanent visas that:

(a) were made, but not finally determined (within the meaning of subsection 5 (9) of the Act), before 1 July 1998; or

(b) are made on or after 1 July 1998.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 1 July 1998.

2. 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 and 139.

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