{"id":"F2007L01791","name":"Migration (United Nations Security Council Resolutions) Regulations 2007","slug":"migration-united-nations-security-council-resolutions-regulations-2007","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"167 of 2007","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":66549,"registerId":"commonwealth-F2007L01791-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Migration (United Nations Security Council Resolutions) Regulations 2007","content":"![](image.001.png)\n\nMigration (United Nations Security Council Resolutions) Regulations 20071\n\nSelect Legislative Instrument 2007 No. 167\n\nI, 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.\n\nDated 21 June 2007\n\nP. M. JEFFERY\n\nGovernor‑General\n\nBy His Excellency’s Command\n\nKEVIN ANDREWS\n\nMinister for Immigration and Citizenship\n\n1 Name of Regulations\n\nThese Regulations are the Migration (United Nations Security Council Resolutions) Regulations 2007.\n\n2 Commencement\n\nThese Regulations commence on 1 July 2007.\n\n3 Repeal\n\nThe following regulations are repealed:\n\n(a) Migration (Sierra Leone – United Nations Security Council Resolution No. 1171) Regulations 1997;\n\n(b) Migration (Liberia – United Nations Security Council Resolutions) Regulations 2001;\n\n(c) Migration (Afghanistan – United Nations Security Council Resolution No. 1390) Regulations 2002;\n\n(d) Migration (Côte d’Ivoire – United Nations Security Council Resolutions) Regulations 2005.\n\n4 Definitions\n\nIn these Regulations:\n\n> Act means the Migration Act 1958.\n\n> committee means a committee established under a United Nations Security Council Resolution.\n\n> resolution means a United Nations Security Council Resolution specified by the Minister, by legislative instrument.\n\n> UNSC‑designated person has the meaning given by regulation 5.\n\n5 Meaning of UNSC‑designated person\n\nA person is a UNSC‑designated person if, under a resolution, Australia is required to prevent the person entering or transiting through Australian territory.\n\n6 Application\n\nThese Regulations apply despite any provisions in other regulations made under the Act.\n\n7 Special criterion for grant of visas\n\n(1) This regulation applies in relation to an application for a visa:\n\n(a) made, but not finally determined (within the meaning of subsection 5 (9) of the Act), before 1 July 2007; or\n\n(b) made on or after 1 July 2007.\n\n(2) It is a criterion applicable (at the time of decision) to an application for a visa of any class that the Minister is satisfied that:\n\n(a) the applicant is not a UNSC‑designated person; or\n\n(b) a committee has determined that the applicant’s travel to or transit through Australia is justified; or\n\n(c) a committee has authorised the applicant’s travel to or transit through Australia; or\n\n(d) the grant of the visa to the applicant is justified by compelling circumstances.\n\n(3) Without limiting paragraph (2) (d), compelling circumstances may include the fulfilling of an international obligation owed by Australia.\n\n8 Prescribed ground for cancelling visas (Act s 116)\n\n(1) This regulation applies to a visa of any class granted before, on or after 1 July 2007.\n\n(2) For paragraph 116 (1) (g) of the Act, the Minister may cancel a visa if the Minister is satisfied that the holder of the visa is a UNSC‑designated person (whether or not the person was a UNSC‑designated person at the time of the grant of the visa).\n\n(3) The Minister must not cancel a visa granted to a UNSC‑designated person (whether or not the person was a UNSC‑designated person at the time of the grant of the visa) if the Minister is satisfied that:\n\n(a) a committee has determined that the person’s travel to or transit through Australia is justified; or\n\n(b) a committee has authorised the person’s travel to or transit through Australia; or\n\n(c) a decision not to cancel the visa would be justified by compelling circumstances.\n\n(4) Without limiting paragraph (3) (c), compelling circumstances may include the fulfilling of an international obligation owed by Australia.\n\n> Note\n\n> 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.","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"Yes. The Regulations replace several earlier country‑specific instruments (Sierra Leone, Liberia, Afghanistan, Côte d’Ivoire) with a single, general mechanism that applies to any UNSC resolution the Minister specifies (Reg 3; Reg 4). That broadens and centralises the legal instrument: rather than having separate regulations for particular countries, Australia can apply the migration consequences to persons designated under any specified UNSC resolution by ministerial legislative instrument. The practical effect is an expanded, more flexible scope for imposing UNSC travel/entry restrictions through regulation rather than bespoke instruments for each situation."},"complexity_factors":["Short instrument (8 regulations) with limited provisions","Four defined terms in the interpretation section (Act; committee; resolution; UNSC‑designated person)","Cross-reference to Migration Act (subsection 5(9) and section 116) creates dependency on Act definitions and processes","Delegation of scope to Minister via legislative instrument to specify which UNSC resolutions apply (Reg 4)","Conditional logic for grants and cancellations with limited exceptions (committee determination/authorisation; compelling circumstances)","Repeal and consolidation of several prior, country‑specific regulations (Reg 3)"],"plain_english_summary":"**What these Regulations do (mechanics first)**\n\n- The instrument creates a single, general set of rules that let Australia treat people who are subject to United Nations Security Council (UNSC) decisions as ineligible for Australian visas, and lets the Minister cancel existing visas for such people. (Regs 4–8)\n\n- Key definitions: \"resolution\" means a UNSC resolution specified by the Minister by legislative instrument; a \"committee\" means a committee set up under a UNSC resolution; and a \"UNSC‑designated person\" is someone the resolution requires Australia to prevent from entering or transiting Australian territory. (Reg 4; Reg 5)\n\n- The Regulations apply to visa applications made before 1 July 2007 but not finally decided, and to applications made on or after 1 July 2007; and they apply to visas granted before, on or after 1 July 2007. The instrument also says it applies notwithstanding any other migration regulations. (Regs 6, 7(1), 8(1))\n\n- For visa decisions, the Regulations impose a special criterion: at decision time the Minister must be satisfied that the applicant is not a UNSC‑designated person, or that a UNSC committee has determined or authorised the person’s travel/transit to Australia, or that there are compelling circumstances that justify the grant (compelling circumstances can include Australia fulfilling an international obligation). If none of those conditions are met, the visa must not be granted. (Reg 7)\n\n- For already‑granted visas, the Regulations make being a UNSC‑designated person a prescribed ground for cancellation under section 116(1)(g) of the Migration Act. The Minister may cancel a visa if satisfied the holder is a UNSC‑designated person, but must not cancel if a UNSC committee has determined or authorised travel, or if compelling circumstances justify not cancelling. (Reg 8)\n\n- The instrument repeals earlier country‑specific UNSC regulations (Sierra Leone, Liberia, Afghanistan, Côte d’Ivoire) and replaces them with this general framework, and it comes into force on 1 July 2007. (Reg 3; Reg 2)\n\n\n**Official rationale stated by the instrument (as claimed)**\n\n- The Regulations implement Australia’s obligations under particular United Nations Security Council resolutions by making UNSC travel/entry restrictions effective in the Australian visa system. (See Regs 4–8, and the definition of \"resolution\" which ties application to specific UNSC resolutions the Minister specifies.)\n\n\n**Who is affected and who decides**\n\n- Affected persons: visa applicants and current visa‑holders who are designated by a UNSC resolution as persons whom Australia must prevent from entering or transiting. Also affected are people who may seek permission to enter/ transit where a UNSC committee can authorise travel. (Regs 5–8)\n\n- Decision‑makers: the Minister (or delegates exercising powers under the Migration Act) has the central role — the Regulations use the Minister’s satisfaction as the standard for refusing, granting, or cancelling visas on these grounds. A United Nations committee can override the travel ban for particular persons by determining or authorising travel. (Regs 5, 7(2), 8(2)–(3))\n\n\n**What behaviour changes and who pays**\n\n- Administrative change: the Department of Home Affairs (or its delegate) must check whether visa applicants/holders are listed as UNSC‑designated persons and apply the new grant/cancellation criteria. That increases compliance and checking costs for the department and possibly delays for applicants.\n\n- Impact on applicants/visa‑holders: people named under applicable UNSC resolutions risk visa refusal or cancellation unless a UNSC committee authorises travel or compelling circumstances exist. Applicants may bear costs of additional legal or administrative steps to obtain an exemption (for example seeking committee authorisation or demonstrating compelling circumstances).\n\n- Downstream operational cost: airlines and border agencies will need to enforce any updated travel restrictions at the point of embarkation/arrival, which imposes operational checks and potential liabilities for carriers who fail to prevent boarding.\n\n\n**Trade‑offs, implementation risks and practical limits**\n\n- Discretion and evidence standard: the Regulations base action on the Minister being \"satisfied\" (a subjective administrative standard) that a person is UNSC‑designated. That concentrates decision power with the Executive and requires administrative processes to reliably check UNSC lists and committee outcomes. (Regs 5, 7(2), 8(2))\n\n- Dependence on external mechanisms: the mechanism relies on UN committees to make determinations or authorisations that will permit entry or transit. If committee processes are slow, unclear, or limited in scope, individuals may be unable to obtain authorisation in practice. (Regs 4–5, 7–8)\n\n- Broad and flexible scope: because a \"resolution\" is one specified by the Minister by legislative instrument, the Minister can extend which UNSC measures apply in Australia without further primary legislation. That improves operational flexibility but expands the range of persons and scenarios that can be captured by regulation. (Reg 4)\n\n- Limited carve‑outs: the only explicit exceptions are committee determinations/authorisations and a catch‑all \"compelling circumstances\" (which the Regulations note may include international obligations). The catch‑all is a deliberately wide but administratively subjective exception, which will require policy guidance to implement consistently. (Regs 7(2)(d), 8(3)(c))\n\n\n**Concrete legal references (selected)**\n\n- Definitions and scope: Reg 4, Reg 5\n- Application despite other regulations: Reg 6\n- Grant criteria for visa applications: Reg 7\n- Prescribed ground for cancelling visas: Reg 8\n- Repeals of earlier country‑specific instruments: Reg 3\n\n\n**Net effect in one sentence**\n\nThese Regulations embed UNSC travel/entry bans into the Australian visa system by making UNSC designation a bar to visa grant and a ground for cancellation unless a UN committee authorises travel or compelling circumstances apply, and they replace earlier country‑specific rules with a flexible, Minister‑specified framework."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulations consolidate and replace four earlier country-specific regulations (covering Sierra Leone, Liberia, Afghanistan, and Côte d'Ivoire) with a single generic framework. This represents a streamlining of scope rather than an expansion — the original intent was always to implement UN Security Council sanctions through visa controls, and this version simply makes the mechanism more efficient and adaptable to new sanctions regimes without requiring new regulations for each country."},"complexity_factors":["Short length (8 regulations total)","Only 4 defined terms in the interpretation section","Simple conditional structure with clear exceptions (regulations 7 and 8)","No nested cross-references to other legislation beyond the basic reference to the Migration Act 1958","Straightforward application rule (regulation 6) that overrides other regulations","Clear carve-outs for 'compelling circumstances' and committee authorisations"],"plain_english_summary":"These regulations let Australia block or cancel visas for people listed on UN Security Council sanctions lists, and empower the Immigration Minister to refuse or revoke visas while allowing narrow exceptions (e.g., specific UN approval or compelling legal/humanitarian reasons). They affect visa applicants and current holders who become designated, and ensure Australia’s visa system complies with its international sanctions obligations while retaining limited discretion for exceptional cases."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/migration-united-nations-security-council-resolutions-regulations-2007","history":"/api/acts/migration-united-nations-security-council-resolutions-regulations-2007/history","analysis":"/api/acts/migration-united-nations-security-council-resolutions-regulations-2007/analysis","conflicts":"/api/acts/migration-united-nations-security-council-resolutions-regulations-2007/conflicts","importantCases":"/api/acts/migration-united-nations-security-council-resolutions-regulations-2007/important-cases","documents":"/api/acts/migration-united-nations-security-council-resolutions-regulations-2007/documents"}}