Schedule 1 Amendment of Migration Regulations 1994 relating to
personal identifiers
(regulation 3)
[1] Paragraphs 2.04 (1) (a) and (b)
omit
subregulation (2) or (4)
insert
subregulation (2) or (3)
[2] Subregulations 2.04 (3) to (5)
substitute
(3) For paragraph 40 (3) (a) and subsection
40 (5) of the Act, a circumstance is that:
(a) a person:
(i) is an
applicant for a class of visa; and
(ii) is not
in Australia at the time of the application; and
(b) the personal
identifiers mentioned in subregulation (6) are provided at a place specified by
the Minister in an instrument in writing for this paragraph.
(4) For paragraph
40 (3C) (a) of the Act, fingerprints of a person (including those
taken using paper and ink or digital livescanning technologies) are prescribed.
(5) For subsection 40 (5) of the Act, the following types
of personal identifier are prescribed for the circumstance mentioned in
subregulation (2):
(a) a photograph or
other image of the applicant’s face and shoulders;
(b) the applicant’s
signature.
(6) For subsection 40 (5) of the Act, the
following types of personal identifier are prescribed for the circumstance
mentioned in subregulation (3):
(a) fingerprints of
the applicant (including those taken using paper and ink or digital
livescanning technologies);
(b) a photograph or
other image of the applicant’s face and shoulders.
Schedule 2 Amendments
of Migration Regulations 1994 relating to balance of family test
(regulation 4)
[1] Subparagraphs 1.05 (1) (a) (ii) and
(iii)
substitute
(ii) a current spouse or current de
facto partner of the parent; and
[2] Paragraph 1.05 (1) (b)
omit
the usual country of residence of the parent.
insert
the child’s last known usual country of residence.
[3] Subregulation 1.05 (2)
substitute
(2) For this regulation:
(a) a child of the parent is an eligible
child if the child is:
(i) an Australian citizen; or
(ii) an Australian permanent resident
usually resident in Australia; or
(iii) an eligible New Zealand citizen
usually resident in Australia; and
(b) any other child of the parent is an ineligible
child.
(2A) An ineligible child is taken to be resident overseas.
(2B) The overseas country in which an ineligible child is
taken to reside is:
(a) the overseas country in which the child is
usually resident; or
(b) the last overseas country in which the child
was usually resident; or
(c) if the child no longer has a right of return
to the country mentioned in paragraph (a) or (b) — the child’s country of
citizenship.
(2C) A parent satisfies the balance of family test if the
number of eligible children is greater than or equal to the number of
ineligible children.
(2D) However, if the greatest number of children who are:
(a) ineligible children; and
(b) usually resident in a particular overseas
country;
is less than the number of eligible children, then the parent
satisfies the balance of family test.
[4] Paragraphs 1.05 (3) (c) and (d)
substitute
(c) if the child:
(i) is resident in a refugee camp
operated by the United Nations High Commissioner for Refugees; and
(ii) is registered by the Commissioner
as a refugee.
Schedule 3 Amendments
of Migration Regulations 1994 relating to definitions and Business
Skills visas
(regulation 5)
[1] Regulation 1.03, definition of client number
substitute
client number means a client identification
number generated by an electronic system maintained by or on behalf of
Immigration.
[2] Schedule 1,
subparagraph 1104AA (3) (a) (i)
substitute
(i) if the applicant’s residential
address, given using form 47BU, is in Taiwan or PRC, including Hong Kong
or Macau — at the address specified by the Minister, in an instrument in
writing, for this subparagraph; or
[3] Schedule 1,
subparagraph 1104AA (3) (a) (ii)
omit
[4] Schedule 1,
subparagraph 1104AA (3) (a) (iii)
substitute
(iii) in any other case — at the
address specified by the Minister, in an instrument in writing, for this
subparagraph.
[5] Schedule 1,
subparagraph 1202A (3) (a) (i)
substitute
(i) if the applicant’s residential
address, given using form 47BT, is in Taiwan or PRC, including Hong Kong
or Macau — at the address specified by the Minister, in an instrument in
writing, for this subparagraph; or
[6] Schedule 1, subparagraph 1202A (3) (a) (ii)
omit
[7] Schedule 1,
subparagraph 1202A (3) (a) (iii)
substitute
(iii) in
any other case — at the address specified by the Minister, in an
instrument in writing, for this subparagraph.
Schedule 4 Amendments of Migration
Regulations 1994 relating to public interest criteria
(regulation 6)
[1] Subregulation 2.25A (1)
omit
4005 (a), 4005 (b), 4005 (c),
insert
4005 (1) (a),
4005 (1) (b), 4005 (1) (c),
[2] Schedule 4, clause 4005
omit
4005 The applicant:
insert
4005 (1) The
applicant:
[3] Schedule 4, before paragraph 4005 (a)
insert
(aa) if the applicant is in a class of persons
specified by the Minister in an instrument in writing for this paragraph:
(i) must undertake any medical
assessment specified in the instrument; and
(ii) must be assessed by the person
specified in the instrument;
unless a Medical Officer of the
Commonwealth decides otherwise; and
(ab) must comply with any request by a Medical
Officer of the Commonwealth to undertake a medical assessment; and
[4] Schedule 4, paragraph
4005 (c)
substitute
(c) is free from a disease or condition in
relation to which:
(i) a person who has it would be
likely to:
(A) require
health care or community services; or
(B) meet
the medical criteria for the provision of a community service;
during the period described in
subclause (2); and
(ii) the provision of the health care
or community services would be likely to:
(A) result
in a significant cost to the Australian community in the areas of health care
and community services; or
(B) prejudice
the access of an Australian citizen or permanent resident to health care or
community services;
regardless of whether the health
care or community services will actually be used in connection with the
applicant; and
[5] Schedule 4, paragraph 4005 (d)
substitute
(d) if the applicant is a person from whom a
Medical Officer of the Commonwealth has requested a signed undertaking to
present himself or herself to a health authority in the State or Territory of
intended residence in Australia for a follow‑up medical assessment — has
provided the undertaking.
[6] Schedule 4, clause 4005
insert
(2) For subparagraph (1) (c) (i), the period
is:
(a) for an application for a permanent
visa — the period commencing when the application is made; or
(b) for an application for a temporary visa:
(i) the
period for which the Minister intends to grant the visa; or
(ii) if the
visa is of a subclass specified by the Minister in an instrument in writing for
this subparagraph — the period commencing when the application is made.
(3) Sub-subparagraph (1) (c) (ii) (A)
does not apply if:
(a) the applicant would not be eligible for the
provision of the health care or community services; and
(b) the ineligibility would be due to the
temporary visa for which the applicant is applying being of a particular
subclass; and
(c) the subclass is not specified by the
Minister in an instrument in writing made under subparagraph
(2) (b) (ii).
[7] Schedule 4, before paragraph 4006A (1) (a)
insert
(aa) if the applicant is in a class of persons
specified by the Minister in an instrument in writing for this paragraph:
(i) must undertake any medical
assessment specified in the instrument; and
(ii) must be assessed by the person
specified in the instrument;
unless a Medical Officer of the
Commonwealth decides otherwise; and
(ab) must comply with any request by a Medical
Officer of the Commonwealth to undertake a medical assessment; and
[8] Schedule 4, paragraph 4006A (1) (c)
substitute
(c) subject to subclause (2) — is free
from a disease or condition in relation to which:
(i) a person who has it would be
likely to:
(A) require
health care or community services; or
(B) meet
the medical criteria for the provision of a community service;
during the period described in
subclause (1A); and
(ii) the provision of the health care
or community services would be likely to:
(A) result
in a significant cost to the Australian community in the areas of health care
and community services; or
(B) prejudice
the access of an Australian citizen or permanent resident to health care or
community services;
regardless of whether the health
care or community services will actually be used in connection with the
applicant; and
[9] Schedule 4, paragraph 4006A (1) (d)
substitute
(d) if the applicant is a person from whom a
Medical Officer of the Commonwealth has requested a signed undertaking to
present himself or herself to a health authority in the State or Territory of
intended residence in Australia for a follow‑up medical assessment — has
provided the undertaking.
[10] Schedule 4, after subclause 4006A (1)
insert
(1A) For subparagraph (1) (c) (i), the period
is:
(a) for an application for a permanent
visa — the period commencing when the application is made; or
(b) for an application for a temporary visa:
(i) the
period for which the Minister intends to grant the visa; or
(ii) if the
visa is of a subclass specified by the Minister in an instrument in writing for
this subparagraph — the period commencing when the application is made.
(1B) Sub-subparagraph (1) (c) (ii) (A) does
not apply if:
(a) the applicant would not be eligible for the
provision of the health care or community services; and
(b) the ineligibility would be due to the
temporary visa for which the person is applying being of a particular subclass;
and
(c) the subclass is not specified by the
Minister in an instrument in writing made under subparagraph
(1A) (b) (ii).
[11] Schedule 4, before paragraph 4007 (1) (a)
insert
(aa) if the applicant is in a class of persons
specified by the Minister in an instrument in writing for this paragraph:
(i) must undertake any medical
assessment specified in the instrument; and
(ii) must be assessed by the person
specified in the instrument;
unless a Medical Officer of the
Commonwealth decides otherwise; and
(ab) must comply with any request by a Medical
Officer of the Commonwealth to undertake a medical assessment; and
[12] Schedule 4, paragraph 4007 (1) (c)
substitute
(c) subject to subclause (2) — is free
from a disease or condition in relation to which:
(i) a person who has it would be
likely to:
(A) require
health care or community services; or
(B) meet
the medical criteria for the provision of a community service;
during the period described in
subclause (1A); and
(ii) the provision of the health care
or community services would be likely to:
(A) result
in a significant cost to the Australian community in the areas of health care
and community services; or
(B) prejudice
the access of an Australian citizen or permanent resident to health care or
community services;
regardless of whether the health
care or community services will actually be used in connection with the
applicant; and
[13] Schedule 4, paragraph 4007 (1) (d)
substitute
(d) if the applicant is a person from whom a
Medical Officer of the Commonwealth has requested a signed undertaking to
present himself or herself to a health authority in the State or Territory of
intended residence in Australia for a follow‑up medical assessment — has
provided the undertaking.
[14] Schedule 4, after subclause 4007 (1)
insert
(1A) For subparagraph (1) (c) (i), the period
is:
(a) for an application for a permanent
visa — the period commencing when the application is made; or
(b) for an application for a temporary visa:
(i) the
period for which the Minister intends to grant the visa; or
(ii) if the
visa is of a subclass specified by the Minister in an instrument in writing for
this subparagraph — the period commencing when the application is made.
(1B) Sub-subparagraph (1) (c) (ii) (A) does
not apply if:
(a) the applicant would not be eligible for the
provision of the health care or community services; and
(b) the ineligibility would be due to the
temporary visa for which the person is applying being of a particular subclass;
and
(c) the subclass is not specified by the
Minister in an instrument in writing made under subparagraph
(1A) (b) (ii).
Schedule 5 Amendments of Migration Regulations 1994 relating to
Bridging E (Class WE) visas
(regulation 7)
[1] Regulation
2.24
substitute
2.24 Eligible
non-citizen in immigration detention
(1) For paragraph 75 (1) (a) of the Act
(which deals with the class of bridging visa that may be granted to a
non-citizen in immigration detention), the prescribed classes of bridging visa
are:
(a) Bridging E (Class
WE) visa; and
(b) Bridging F (Class
WF) visa.
(2) For a Bridging E (Class WE) visa:
(a) if the applicant is an eligible non-citizen
of the kind mentioned in subregulation 2.20 (7), (8), (9), (10) or (11),
the subclass to be granted is a Subclass 051 Bridging (Protection Visa
Applicant) visa; and
(b) if paragraph (a) does not apply, the subclass
to be granted is a Subclass 050 Bridging (General) visa.
(3) For
paragraph 75 (1) (b) of the Act (which deals with the time in which
the Minister must make a decision on a bridging visa application), if the
application is for a Bridging E (Class WE)
visa, each item in the table sets out a period for the circumstances mentioned
in the item.
|
Item
|
Circumstances
|
Period
|
|
1
|
The application is made by a
non-citizen who has been immigration cleared
An officer appointed under subregulation 2.10A (2) as
a detention review officer for the State or Territory in which the applicant
is detained (a detention review officer) has signed a
declaration, within 2 working days after the
application is made, that the detention review officer believes that the applicant may not pass the character
test under subsection 501 (6) of the Act
|
90 days
|
|
2
|
The application is made by a
non-citizen who has been immigration cleared
A detention review officer has
not signed a declaration mentioned in item 1 within 2 working days after the
application is made
|
2 working days
|
|
3
|
The application is made by a
non-citizen who is an eligible non-citizen mentioned in subregulation 2.20
(6)
A detention review officer has
signed a declaration, within 2 working days after the application is
made, that the detention review officer
believes that the applicant may not pass the character test under subsection
501 (6) of the Act
|
90 days
|
|
4
|
The application is made by a
non-citizen who is an eligible non-citizen mentioned in subregulation 2.20
(6)
A detention review officer has
not signed a declaration mentioned in item 3 within 2 working days after the
application is made
|
2 working days
|
|
5
|
The applicant is not described
in items 1 to 4
A detention review officer has
signed a declaration, within 28 days after the application is made, that the detention
review officer believes that the applicant may not
pass the character test under subsection 501 (6) of the Act
|
90 days
|
|
6
|
The applicant is not described
in items 1 to 4
A detention review officer has
not signed a declaration mentioned in item 5 within 28 days after the
application is made
|
28 days
|
(4) For
paragraph 75 (1) (b) of the Act (which deals with the time in which
the Minister must make a decision on a bridging visa application), if the
application is for a Bridging F (Class WF)
visa, each item in the table sets out a period for the circumstances mentioned
in the item.
|
Item
|
Circumstances
|
Period
|
|
1
|
The application is made by a
non-citizen who has been immigration cleared
|
2 working days
|
|
2
|
The application is made by a
non-citizen who is an eligible non-citizen referred to in
subregulation 2.20 (6)
|
2 working days
|
|
3
|
The applicant is not described
in item 1 or 2
|
28 days
|
Note The
prescribed conditions for the purposes of section 75 of the Act are set out in:
(a) clause
050.612 of Schedule 2 (for a Subclass 050 — Bridging (General) visa); and
(b) clause
051.611 of Schedule 2 (for a Subclass 051 — Bridging (Protection Visa
Applicant) visa); and
(c) clause 060.611 of Schedule 2
(for a Subclass 060 — Bridging F visa).
[2] Schedule 2, subparagraph
050.511C (b) (iv)
omit
struck out.
insert
struck out; and
[3] Schedule 2,
after paragraph 050.511C (b)
insert
(c) if the court remits the matter to the
Minister for reconsideration, and the Minister approves the person becoming an
Australian citizen — permitting the holder to remain in Australia until the
day on which the non‑citizen becomes an Australian citizen in accordance with
Subdivision B of Division 2 of Part 2 of the Australian Citizenship Act
2007.
[4] Schedule 2,
subparagraph 050.511D (b) (iii)
omit
withdrawn.
insert
withdrawn; and
[5] Schedule 2,
after paragraph 050.511D (b)
insert
(c) if a review
authority remits the matter to the Minister for reconsideration, and the
Minister approves the person becoming an
Australian citizen — permitting the holder to remain in Australia
until the day on which the non-citizen becomes an
Australian citizen in accordance with Subdivision B of Division 2 of Part 2 of
the Australian Citizenship Act 2007.
[6] Schedule 2,
clause 050.512
omit
paragraph 050.212 (4) (a) or
(d)
insert
paragraph 050.212 (4) (a),
(aa) or (d)
[7] Schedule 2, subclause
050.612A (1)
substitute
050.612A (1) This clause applies to a visa
that is granted to an applicant:
(a) who meets the requirements of 1 or
more of the following:
(i) subparagraph
050.212 (3A) (b) (i);
(ii) subparagraph
050.212 (3A) (b) (ii);
(iii) paragraph
050.212 (4) (a);
(iv) paragraph
050.212 (4) (aa);
(v) paragraph
050.212 (4) (d);
(vi) subclause
050.212 (4AA);
(viia) subclause
050.212 (6AA);
(viii) subclause
050.212 (9); and
(b) who does not
meet the requirements of subclause 050.212 (5B), (6) or (6A); and
(c) to whom subclause
050.614 (1) does not apply.
[8] Schedule 2, subclause
050.613A (1)
omit
(whether or not the applicant is an
applicant to which any other clause in this Division applies)
insert
(whether or not the applicant is an
applicant to which any other clause in this Division applies, other than clause
050.613)
Schedule 6 Amendments
of Migration Regulations 1994 relating to eligible non-citizens
(regulation 8)
[1] Subregulation 2.20 (1)
omit
(14) and (15)
insert
(14) to (16)
[2] After subregulation 2.20 (15)
insert
(16) This subregulation applies to a non-citizen:
(a) who held an enforcement visa that has ceased
to be in effect; and
(b) who is an unlawful non-citizen; and
(d) who is in criminal detention.
Schedule 7 Amendments
of Migration Regulations 1994 relating to bridging visas
(regulation 9)
[1] Schedule 2, after
subclause 010.611 (3B)
insert
(3C) In the case of a visa granted to a person who meets
the requirements of subclause 010.211 (2) or (3) on the basis of:
(a) making a valid application for a Subclass
457 (Business (Long Stay)) visa; and
(b) holding a Subclass 457 visa (the first
visa) at the time of making the application mentioned in
paragraph (a);
8107 (if the first visa is subject to that condition) and 8501 (if
the first visa is subject to that condition).
[2] Schedule 2, after subclause 020.611 (4)
insert
(4A) In the case of a visa granted to a person on the
basis of:
(a) making a valid application for a Subclass
457 (Business (Long Stay)) visa; and
(b) holding a Subclass 457 visa (the first
visa) at the time of making the application mentioned in
paragraph (a);
8107 (if the first visa is subject to that condition) and 8501 (if
the first visa is subject to that condition).
[3] Schedule 4, paragraph 4013 (2) (d)
omit
(i), (j), (k), (ka),
insert
(i), (ia), (k), (ka), (kb),
Schedule 8 Amendments
of Migration Regulations 1994 relating to fees and charges
(regulation 10)
[1] Subregulation 4.13 (1)
omit
$1,400.
insert
$1,540.
[2] Paragraph 4.31B (1) (b)
substitute
(b) if the application for review was made on or
after 1 July 2003 and before 1 July 2011 — $1,400; or
(c) if the application for review was made on or
after 1 July 2011 — $1,540.
[3] Further amendments
|
Provision
|
omit
|
insert
|
|
Subregulation 2.61 (2), table, items 1 and 2
|
$350
|
$405
|
|
Subregulation 2.61 (2), table, item 4
|
$1 395
|
$1,605
|
|
Subregulation 2.61 (2), table, item 5
|
$350
|
$405
|
|
Subregulation 2.66 (4)
|
$350
|
$405
|
|
Paragraph 2.66A (2) (a)
|
$350
|
$405
|
|
Subregulation 2.73 (5)
|
$70
|
$80
|
|
Paragraph 2.73A (4) (a)
|
$2 850
|
$3,300
|
|
Paragraph 2.73A (4) (b)
|
$145
|
$165
|
|
Paragraph 2.73B (4) (a)
|
$2 850
|
$3,300
|
|
Paragraph 2.73B (4) (b)
|
$145
|
$165
|
|
Paragraph 2.73C (4) (a)
|
$2 850
|
$3,300
|
|
Paragraph 2.73C (4) (b)
|
$145
|
$165
|
|
Subregulation 5.37 (1)
|
$455
|
$520
|
|
Schedule 1
|
|
Paragraph 1104AA (2) (a)
|
$4 995
|
$5,745
|
|
Sub-subparagraph 1104AA (2) (b) (i) (C)
|
$7 165
|
$8,240
|
|
Sub-subparagraph 1104AA (2) (b) (ii) (C)
|
$3 575
|
$4,110
|
|
Paragraph 1104A (2) (a)
|
$4 995
|
$5,745
|
|
Sub-subparagraph 1104A (2) (b) (i) (C)
|
$7 165
|
$8,240
|
|
Sub-subparagraph 1104A (2) (b) (ii) (C)
|
$3 575
|
$4,110
|
|
Subparagraph 1104B (2) (a) (i)
|
$235
|
$270
|
|
Subparagraph 1104B (2) (a) (ii)
|
$1 435
|
$1,650
|
|
Sub-subparagraph 1104B (2) (b) (i) (E)
|
$3 575
|
$4,110
|
|
Subparagraph 1108 (2) (a) (ii)
|
$1 060
|
$1,220
|
|
Subparagraph 1108 (2) (a) (iii)
|
$1 735
|
$1,995
|
|
Subparagraph 1108A (2) (a) (ii)
|
$1 060
|
$1,220
|
|
Subparagraph 1108A (2) (a) (v)
|
$2 575
|
$2,960
|
|
Subparagraph 1111 (2) (a) (i)
|
$200
|
$230
|
|
Paragraph 1112 (2) (a)
|
$1 735
|
$1,995
|
|
Subparagraph 1112 (2) (b) (i)
|
$3 575
|
$4,110
|
|
Paragraph 1113 (2) (a)
|
$2 575
|
$2,960
|
|
Subparagraph 1113 (2) (b) (i)
|
$3 575
|
$4,110
|
|
Subparagraph 1114 (2) (a) (iii)
|
$1 735
|
$1,995
|
|
Sub-subparagraph 1114 (2) (b) (i) (C)
|
$7 165
|
$8,240
|
|
Sub-subparagraph 1114 (2) (b) (ii) (C)
|
$3 575
|
$4,110
|
|
Subparagraph 1114 (2) (b) (iv)
|
$1 690
|
$1,945
|
|
Sub-subparagraph 1114A (2) (a) (ii) (C)
|
$235
|
$270
|
|
Subparagraph 1114A (2) (a) (v)
|
$2 575
|
$2,960
|
|
Sub-subparagraph 1114A (2) (b) (i) (C)
|
$7 165
|
$8,240
|
|
Sub-subparagraph 1114A (2) (b) (ii) (C)
|
$3 575
|
$4,110
|
|
Sub-sub-subparagraph 1114A (2) (b) (iv) (D) (III)
|
$3 575
|
$4,110
|
|
Subparagraph 1118A (2) (a) (i)
|
$2 575
|
$2,960
|
|
Subparagraph 1118A (2) (a) (ii)
|
$1 735
|
$1,995
|
|
Subparagraph 1118A (2) (b) (i)
|
$3 575
|
$4,110
|
|
Subparagraph 1121 (2) (a) (iii)
|
$1 735
|
$1,995
|
|
Sub-subparagraph 1121 (2) (b) (i) (C)
|
$7 165
|
$8,240
|
|
Sub-subparagraph 1121 (2) (b) (ii) (C)
|
$3 575
|
$4,110
|
|
Subparagraph 1121 (2) (b) (v)
|
$1 690
|
$1,945
|
|
Subparagraph 1121A (2) (a) (iv)
|
$2 575
|
$2,960
|
|
Sub-subparagraph 1121A (2) (b) (i) (C)
|
$7 165
|
$8,240
|
|
Sub-subparagraph 1121A (2) (b) (ii) (C)
|
$3 575
|
$4,110
|
|
Subparagraph 1123A (2) (a) (i)
|
$1 060
|
$1,220
|
|
Subparagraph 1123A (2) (a) (ii)
|
$1 735
|
$1,995
|
|
Subparagraph 1123A (2) (b) (ii)
|
$1 510
|
$1,735
|
|
Subparagraph 1123B (2) (a) (i)
|
$1 060
|
$1,220
|
|
Subparagraph 1123B (2) (a) (ii)
|
$2 575
|
$2,960
|
|
Subparagraph 1123B (2) (b) (ii)
|
$1 510
|
$1,735
|
|
Paragraph 1124 (2) (a)
|
$1 735
|
$1,995
|
|
Paragraph 1124 (2) (b)
|
$1 510
|
$1,735
|
|
Paragraph 1124A (2) (a)
|
$2 575
|
$2,960
|
|
Paragraph 1124A (2) (b)
|
$1 510
|
$1,735
|
|
Subparagraph 1124B (2) (a) (ii)
|
$300
|
$345
|
|
Sub-subparagraphs 1124B (2) (a) (iii) (D) and (iv) (C)
|
$1 060
|
$1,220
|
|
Sub-subparagraph 1124B (2) (a) (v) (C)
|
$840
|
$965
|
|
Sub-subparagraph 1124B (2) (a) (vi) (D)
|
$1 060
|
$1,220
|
|
Subparagraph 1124B (2) (a) (vii)
|
$2 575
|
$2,960
|
|
Subparagraph 1129 (2) (a) (ii)
|
$1 735
|
$1,995
|
|
Subparagraph 1130 (2) (a) (i)
|
$235
|
$270
|
|
Sub-subparagraph 1130 (2) (a) (ia) (B)
|
$235
|
$270
|
|
Subparagraph 1130 (2) (a) (ib)
|
$235
|
$270
|
|
Subparagraph 1130 (2) (a) (ic)
|
$1 735
|
$1,995
|
|
Subparagraph 1130 (2) (a) (iii)
|
$1 735
|
$1,995
|
|
Subparagraph 1130 (2) (b) (i)
|
$15 185
|
$16,005
|
|
Sub-sub-subparagraph 1130 (2) (b) (ia) (A) (III)
|
$15 185
|
$16,005
|
|
Subparagraph 1130 (2) (b) (iia)
|
$15 185
|
$16,005
|
|
Subparagraph 1130 (2) (b) (iib)
|
$13 745
|
$14,490
|
|
Sub-subparagraph 1130 (2) (b) (iii) (B)
|
$1 640
|
$1,730
|
|
Subparagraph 1130 (2) (b) (iv)
|
$37 965
|
$40,015
|
|
Subparagraph 1130A (2) (a) (ii)
|
$235
|
$270
|
|
Sub-subparagraph 1130A (2) (a) (iia) (B)
|
$235
|
$270
|
|
Subparagraph 1130A (2) (a) (iib)
|
$235
|
$270
|
|
Subparagraph 1130A (2) (a) (iic)
|
$2 575
|
$2,960
|
|
Subparagraph 1130A (2) (a) (iii)
|
$2 575
|
$2,960
|
|
Subparagraph 1130A (2) (b) (i)
|
$15 185
|
$16,005
|
|
Sub-sub-subparagraph 1130A (2) (b) (ia) (A) (III)
|
$15 185
|
$16,005
|
|
Subparagraph 1130A (2) (b) (iia)
|
$15 185
|
$16,005
|
|
Subparagraph 1130A (2) (b) (iib)
|
$12 940
|
$13,640
|
|
Sub-subparagraph 1130A (2) (b) (iii) (B)
|
$1 640
|
$1,730
|
|
Subparagraph 1130A (2) (b) (iv)
|
$37 965
|
$40,015
|
|
Paragraph 1135 (2) (a)
|
$2 575
|
$2,960
|
|
Sub-subparagraph 1135 (2) (b) (i) (B)
|
$3 575
|
$4,110
|
|
Sub-sub-subparagraph 1136 (2) (a) (i) (E) (II)
|
$235
|
$270
|
|
Subparagraph 1136 (2) (a) (ii)
|
$2 575
|
$2,960
|
|
Sub-subparagraph 1136 (2) (b) (i) (C)
|
$3 575
|
$4,110
|
|
Paragraph 1202A (2) (a)
|
$3 420
|
$3,930
|
|
Sub-subparagraph 1202A (2) (b) (i) (C)
|
$7 165
|
$8,240
|
|
Sub-subparagraph 1202A (2) (b) (ii) (C)
|
$3 575
|
$4,110
|
|
Subparagraphs 1205 (2) (a) (iv) and (iva)
|
$2 650
|
$3,050
|
|
Subparagraph 1205 (2) (a) (v)
|
$265
|
$305
|
|
Paragraph 1207 (2) (a)
|
$265
|
$305
|
|
Subparagraph 1208 (2) (a) (ii)
|
$265
|
$305
|
|
Subparagraph 1208A (2) (a) (i)
|
$90
|
$105
|
|
Subparagraph 1211 (2) (a) (ii)
|
$185
|
$215
|
|
Paragraph 1212B (2) (a)
|
$235
|
$270
|
|
Paragraph 1212B (2) (b)
|
$10 625
|
$10,925
|
|
Paragraph 1214AA (2) (a)
|
$265
|
$305
|
|
Subparagraph 1214A (2) (a) (ii)
|
$230
|
$235
|
|
Paragraph 1214BA (2) (a)
|
$235
|
$270
|
|
Paragraph 1215 (2) (a)
|
$1 735
|
$1,995
|
|
Paragraph 1216 (2) (a)
|
$120
|
$140
|
|
Subparagraph 1217 (2) (a) (ii)
|
$265
|
$305
|
|
Subparagraph 1217A (2) (a) (i)
|
$105
|
$120
|
|
Sub-subparagraph 1218 (2) (a) (ii) (A)
|
$105
|
$110
|
|
Sub-subparagraph 1218 (2) (a) (ii) (B)
|
$255
|
$260
|
|
Paragraph 1220B (2) (a)
|
$265
|
$305
|
|
Subparagraph 1221 (2) (a) (iii)
|
$1 735
|
$1,995
|
|
Sub-subparagraph 1221 (2) (b) (i) (B)
|
$1 640
|
$1,730
|
|
Subparagraph 1221 (2) (b) (iii)
|
$22 780
|
$24,010
|
|
Subparagraph 1221A (2) (a) (iii)
|
$2 575
|
$2,960
|
|
Sub-subparagraph 1221A (2) (b) (i) (B)
|
$1 640
|
$1,730
|
|
Subparagraph 1221A (2) (b) (iii)
|
$22 780
|
$24,010
|
|
Subparagraph 1222 (2) (a) (iv)
|
$550
|
$565
|
|
Subparagraph 1223A (2) (a) (i)
|
$105
|
$120
|
|
Subparagraph 1223A (2) (a) (iii)
|
$265
|
$305
|
|
Paragraph 1224A (2) (a)
|
$235
|
$270
|
|
Subitem 1225 (2)
|
$235
|
$270
|
|
Subparagraph 1226 (2) (a) (ii)
|
$235
|
$270
|
|
Subparagraph 1226 (2) (a) (iii)
|
$2 575
|
$2,960
|
|
Sub-subparagraphs 1226 (2) (b) (i) (D) and (ii) (C)
|
$3 575
|
$4,110
|
|
Subparagraph 1228 (2) (a) (i)
|
$2 575
|
$2,960
|
|
Subparagraph 1228 (2) (a) (ii)
|
$235
|
$270
|
|
Sub-subparagraph 1228 (2) (b) (i) (C)
|
$3 575
|
$4,110
|
|
Subparagraph 1229 (2) (a) (i)
|
$235
|
$270
|
|
Sub-subparagraph 1229 (2) (a) (ii) (D)
|
$235
|
$270
|
|
Subparagraph 1229 (2) (a) (iii)
|
$2 575
|
$2,960
|
|
Sub-subparagraph 1229 (2) (b) (i) (D)
|
$3 575
|
$4,110
|
|
Paragraph 1302 (2) (a)
|
$95
|
$105
|
|
|
|
|
|
Schedule 9 Amendments of Migration Regulations 1994 relating to
family stream visas
(regulation 11)
[1] Schedule 1, after
paragraph 1124B (3) (c)
insert
(d) If the applicant holds a Subclass 820
(Partner) visa or a Subclass 309 (Partner (Provisional)) visa at the time of
making the application for the Partner (Residence) (Class BS) visa, the
applicant must not have had any of the following visas refused in the 21 days
immediately before making the application for the Partner (Residence) (Class
BS) visa:
(i) a Subclass 100 (Spouse) visa;
(ii) a Subclass 100 (Partner) visa;
(iii) a Subclass 110 (Interdependency)
visa;
(iv) a Subclass 309 (Spouse
(Provisional)) visa;
(v) a Subclass 309 (Partner
(Provisional)) visa;
(vi) a Subclass 310 (Interdependency
(Provisional)) visa;
(vii) a Subclass 801 (Spouse) visa;
(viii) a Subclass 801 (Partner) visa;
(ix) a Subclass 814 (Interdependency)
visa;
(x) a Subclass 820 (Spouse) visa;
(xi) a Subclass 820 (Partner) visa;
(xii) a Subclass 826 (Interdependency)
visa.
(e) Subject to subitem (3A), if the applicant
is a person to whom section 48 of the Act applies, the applicant:
(i) must not have been refused any of
the following visas since last entering Australia:
(A) a Subclass 100 (Spouse)
visa;
(B) a Subclass 100 (Partner)
visa;
(C) a Subclass 110
(Interdependency) visa;
(D) a Subclass 309 (Spouse
(Provisional)) visa;
(E) a Subclass 309 (Partner
(Provisional)) visa;
(F) a Subclass 310 (Interdependency
(Provisional)) visa;
(G) a Subclass 801 (Spouse)
visa;
(H) a Subclass 801 (Partner)
visa;
(I) a Subclass 814
(Interdependency) visa;
(J) a Subclass 820 (Spouse)
visa;
(K) a Subclass 820 (Partner)
visa;
(L) a Subclass 826
(Interdependency) visa; and
(ii) must provide, at the same time and
place as making the application, an approved form 40SP that has been completed
and signed by an Australian citizen, Australian permanent resident or eligible
New Zealand citizen who claims to be the spouse or de facto partner of the
applicant (the partner); and
(iii) must provide, at the same time
and place as making the application, 2 statutory declarations each of which:
(A) is made by an Australian
citizen, Australian permanent resident or eligible New Zealand citizen who is
not the partner; and
(B) declares that the
applicant and the partner are in a married relationship or de facto relationship;
and
(C) was declared no more
than 6 weeks before the day on which the application for the Partner
(Residence) (Class BS) visa was made.
[2] Schedule 1, after subitem 1124B (3)
insert
(3A) For paragraph (3) (e):
(a) the applicant is taken to have met the
requirements of the paragraph if the applicant:
(i) is a person to whom section 48 of
the Act applies; and
(ii) claims to be a dependent child of
a person who has met the requirements of paragraph (3) (e); and
(b) if the applicant leaves and re-enters the
migration zone while holding a bridging visa, the applicant is taken to have
been continuously in the migration zone despite the travel.
[3] Schedule 1, paragraphs 1214C (3) (h) and
(i)
omit
[4] Schedule 2, after clause 115.228
insert
115.229 If the applicant has not turned 18, public interest
criteria 4017 and 4018 are satisfied in relation to the applicant.
[5] Schedule 2, after clause 116.228
insert
116.229 If the applicant has not turned 18, public interest
criteria 4017 and 4018 are satisfied in relation to the applicant.
[6] Schedule 2, clause 445.2, note
omit
Schedule 10 Amendment
of Migration Amendment Regulations 2009 (No. 12)
(regulation 12)
[1] Subparagraph 6 (2) (a) (iii)
substitute
(iii) either:
(A) the applicant claims to
Immigration, on or after 9 November 2009 but before the application is finally
determined, that family violence (within the meaning of regulation 1.23 of
the Migration Regulations 1994 as in force on or after 9 November 2009)
has been committed; or
(B) the applicant claims to the
Migration Review Tribunal, on or after 1 July 2011 but before the application
is finally determined, that family violence (within the meaning of regulation
1.23 of the Migration Regulations 1994 as in force on or after
9 November 2009) has been committed; or
Schedule 11 Amendments of Australian Citizenship Regulations 2007
relating to Centrelink concession codes
(regulation 13)
[1] Schedule 3, item 9,
paragraph (a)
substitute
|
(a) holds a pensioner concession card or health care
card, endorsed by Centrelink with 1 of the following codes: AGB; AGE;
CAR; DSB; DSP; NS; PA; PPP; SA; SL; WA; WFA; WFD; WID; and
|
[2] Schedule 3, item 11, subparagraph (b) (i)
substitute
|
(i) the partner of a holder of a pensioner
concession card, endorsed by Centrelink with 1 of the following codes:
AGB; AGE; CAR; DSB; DSP; WFA; WFD; WID; or
|
[3] Schedule 3, item 14, subparagraph (b) (ii)
omit
[4] Schedule 3, items 15A and 15B, subparagraph (c) (ii)
omit
(ii),
[5] Schedule 3, item 15C, subparagraph (d) (ii)
omit
Schedule 12 Amendment
of Australian Citizenship Regulations 2007 relating to evidence of
citizenship
(regulation 14)
[1] Schedule 2, after Note 2
insert
Note 3 If
relevant, the following information may be listed on the back of this notice,
along with the signature, or printed or stamped signature, of the Minister:
(a) the applicant’s legal name
at time of acquisition of Australian citizenship, if different to the
applicant’s current legal name;
(b) any other name in which a
notice of evidence has previously been given;
(c) any other dates of birth in
which a notice of evidence has previously been given.
Schedule 13 Amendment of Australian Citizenship Regulations 2007
(regulation 15)
[1] Subregulation 12A (7)
substitute
(7) In this regulation:
conversion instrument means the instrument titled Payment of Visa Application
Charges and Fees in Foreign Currencies (IMMI 11/007) that commenced on
1 July 2011.
places and currencies
instrument means the instrument titled
Places and Currencies for Paying of Fees (IMMI 11/008) that commenced
on 1 July 2011.