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Migration Regulations 1994
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2.81 Obligation to pay costs incurred by the Commonwealth to locate and remove unlawful non‑citizen
2.82 Obligation to keep records
2.83 Obligation to provide records and information to the Minister
2.84 Obligation to provide information to Immigration when certain events occur
2.85 Obligation to secure an offer of a reasonable standard of accommodation
2.86 Obligation to ensure primary sponsored person works or participates in nominated occupation, program or activity
2.86A Obligation to ensure primary sponsored person works or participates in activity in relation to which the visa was granted
2.87 Obligation not to recover, transfer or take actions that would result in another person paying for certain costs
2.87C Obligation not to engage in discriminatory recruitment practices
Subdivision 2.19.2—Sponsorship obligations of approved family sponsors etc.
2.87CA Sponsorship obligations
2.87CB Obligation to keep records
2.87CC Obligation to give records to the Minister
2.87CD Obligation to give information to Immigration when certain events occur
2.87CE Obligation to pay outstanding public health debt of sponsored person
2.87CF Obligation to support sponsored person financially and in respect of accommodation
Division 2.19A—Publishing information about sanctions
2.87D Publishing information about sanctions
Division 2.20—Circumstances in which sponsor may be barred or sponsor’s approval may be cancelled
2.88 Preliminary
2.89 Failure to satisfy sponsorship obligation
2.90 Provision of false or misleading information
2.91 Application or variation criteria no longer met
2.92 Contravention of law
2.93 Unapproved change to professional development program or special program
2.94 Failure to pay additional security
2.94A Failure to comply with certain terms of special program agreement or professional development agreement
2.94B Change of circumstances relating to approved family sponsor etc.
Division 2.21—Process to bar sponsor or cancel sponsor’s approval
2.95 Preliminary
2.96 Notice of intention to take action
2.97 Decision
2.98 Notice of decision
Division 2.22—Waiving a bar on sponsor’s approval
2.99 Application
2.100 Circumstances in which a bar may be waived
2.101 Criteria for waiving a bar
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2.102 Process to waive a bar
Division 2.22A—Inspectors
2.102A Period of appointment
2.102C Purposes for which powers of inspectors may be exercised
Division 2.22B—Liability and recovery of amounts
2.102D Liability to pay amounts
Division 2.23—Disclosure of personal information
2.103 Disclosure of personal information by Minister—approved work sponsors etc.
2.103A Disclosure of personal information by Minister—approved family sponsors etc.
2.104 Circumstances in which the Minister may disclose personal information
2.105 Circumstances in which a recipient may use or disclose personal information
2.106 Disclosure of personal information to Minister
Part 3—Immigration clearance and collection of information
Division 3.1—Information to be given
3.01 Provision of information (general requirement)
3.02 Passenger cards for persons entering Australia
3.03 Evidence of identity and visa for persons entering Australia (Act s 166)
3.03AA Evidence of identity and providing information—non‑military ships (Act s 166)
3.03AB Exemption from requirements to complete a passenger card where Australia Travel Declaration provided
3.04 Place and time for giving evidence (Act, s 167)
3.05 Allowed inhabitants of the Protected Zone (Act, s 168(2))
3.06 Persons not required to comply with s 166 of the Act (Act, s 168(3))
3.06A Designated foreign dignitaries
3.07 Persons taken not to leave Australia (Act, s 80(c))
3.08 Offence—failure to complete a passenger card
3.09 Evidence of identity—domestic travel on overseas vessels
3.10A Access to movement records
3.11 Production of deportee or removee
3.12 Offences by master of vessel
Division 3.2—Information about passengers and crew on overseas vessels
3.13A Information about passengers and crew to be given before arrival and departure of certain aircraft and ships
3.13B Obligation to report on persons arriving on ships—reporting periods for journey from last port outside Australia
3.13C Report on departing person to relate to flight or voyage from the last place in Australia to a place outside Australia
3.13D Obligation to report on persons departing from Australia—deadline for providing report
3.14 Information about overseas passengers to be given on arrival of inbound civilian vessel
3.16 Information about overseas passengers—outbound civilian vessel
3.17 Information about crew
Division 3.3—Examination, search and detention
3.19 Periods within which evidence to be shown to officer
3.20 Information to be provided—authorised officers carrying out identification tests
3.21 Procedure and requirements—identification test not carried out
Division 3.4—Identification of immigration detainees
3.30 Immigration detainees must provide personal identifiers
3.31 Authorised officers must require and carry out identification tests
Part 4—Review of decisions—reviewable migration and protection decisions
Division 4.1A—Preliminary
Division 4.1—Review of reviewable migration decisions
4.01A Application of this Division
4.02 Reviewable migration decisions and who may apply for review
4.12 Combined applications for ART review
4.12A Prescribed information and documents for review applications
4.13 ART review—fees and waiver
4.13A Annual increases in fees
4.13B Calculation of increase
4.14 Refund of fees by ART
4.15 ART’s power to remit matters with orders
4.16 Statement about decision under review
4.27 Prescribed period for making certain decisions (Act, s 367)
Division 4.2—Review of reviewable protection decisions
4.28 Application of this Division
4.31 Prescribed information and documents for review applications
4.31A Combined applications for review by the ART
4.31B Review by the ART—fee and waiver
4.31BA Annual increases in fees
4.31BB Calculation of increase
4.31C Refund (or waiver) of fee for review by the ART
4.34 Statement about decision under review—number of copies
Division 4.3—Service of documents
Part 4A—Review of decisions—assessing authority approvals
Division 4A.1—Preliminary
Division 4A.2—Reconsideration and review of decisions revoking assessing authority approval
4.41 Reconsideration of revocation decision
4.42 Reconsideration of revocation decision on own initiative
4.43 ART review of decisions
Division 5.1—Service of documents
5.01 Definition for Division 5.1
5.02 Service of document on person in immigration detention
Division 5.2—Procedure of commissioners and prescribed authorities
5.04 Power of Commissioner to send for witnesses and documents
5.05 Duty of witness to continue in attendance
5.06 Arrest of witness failing to appear
5.08 Power to examine on oath or affirmation
5.09 Offences by witnesses
5.10 Statements of person not admissible in evidence against the person
5.11 Representation by counsel etc
5.12 Offences in relation to Commissioners
5.13 Protection of Commissioners, barristers and witnesses
5.14 Procedure of prescribed authorities
5.15 Behaviour concern non‑citizen
5.15A Special category visas—declared classes of New Zealand citizens
5.15C Excised offshore places
5.16 Prescribed diseases—health concern non‑citizen (Act, s 5(1))
5.17 Prescribed evidence of English language proficiency (Act, s 5(2)(b))
5.18 Prescribed laws relating to control of fishing
5.19 Approval of nominated positions—Subclass 186 (Employer Nomination Scheme) visa and Subclass 187 (Regional Sponsored Migration Scheme) visa
5.19A Designated investment
5.19B Complying investment
5.19C Complying significant investment
5.19D Complying premium investment
5.19E Complying entrepreneur activity
Division 5.3A—Offences and civil penalties in relation to work by non‑citizens
5.19G Allowing an unlawful non‑citizen to work
5.19H Allowing a lawful non‑citizen to work in breach of a work‑related condition
5.19J Referring an unlawful non‑citizen for work
5.19K Referring a lawful non‑citizen for work in breach of a work‑related condition
Division 5.3B—Offences and civil penalties in relation to sponsored visas
5.19M Kinds of sponsored visa
5.19N Sponsorship‑related events
Division 5.3C—Prohibited employers
5.19P Migrant worker sanctions—offences against the Fair Work Act 2009 etc.
Division 5.4—Infringement notice penalties
5.20A Civil penalty provisions
Division 5.5—Infringement notices
5.22 When can an infringement notice be served?
5.23 What must an infringement notice contain?
5.24 Can the time for payment be extended?
5.25 What happens if the infringement notice penalty is paid?
5.26 Can an infringement notice be withdrawn?
5.27 Refund of infringement notice penalty if notice withdrawn
5.29 Can there be more than one infringement notice for the same offence or contravention of a civil penalty provision?
5.30 What if payment is made by cheque?
5.31 Infringement notice not compulsory
Division 5.6—Miscellaneous
5.32 Search warrants (Act, ss 223(14) and 251(4))
5.32A Work performed by unlawful non‑citizen in detention centre
5.34 Application of Chapter 2 of the Criminal Code
5.34D Disclosure of information to prescribed bodies
5.34E Disclosure of information to prescribed international organisations
5.34F Disclosure of information to police and Australian Criminal Intelligence Commission
5.35 Medical treatment of persons in detention under the Act
5.35AA Decisions that are not privative clause decisions
Division 5.6A—Powers under an agreement or arrangement with a foreign country
5.35B Exercise of power to restrain an individual
5.35C Exercise of power to search an individual
5.35D Protection of persons when acts done in good faith
5.35E Powers when boarding certain foreign ships (Act s 245F(14))
5.35F Powers when boarding certain foreign ships on the high seas (Act s 245G(4))
Division 5.7—Charges and fees
5.36 Payment of visa application charges, and fees, in foreign currencies
5.37 Employer nomination fee
5.37A Refund of employer nomination fee and nomination training contribution charge
5.40 Fees for assessment of a person’s work qualifications and experience etc
5.41 Fee for further opinion of Medical Officer of the Commonwealth in merits review
5.41C Fees for performing functions relating to certain international travellers using gateway airports
Division 5.7A—Nomination training contribution charge
5.42 Nominations that attract nomination training contribution charge
Division 5.7B—Indexation of certain amounts
5.42A Indexation of certain amounts
Division 5.8—Multiple parties in migration litigation
5.43 Meaning of family (Act s 486B)
5.44 Prescription of other persons (Act s 486B)
Division 5.8A—Review of these Regulations
5.44A Review of these Regulations
Division 5.9—Transitional arrangements
5.45 Operation of Schedule 13
Schedule 1—Classes of visa
1104BA Business Skills (Permanent) (Class EC)
1108 Child (Migrant) (Class AH)
1108A Child (Residence) (Class BT)
1113 National Innovation (Class BX)
1114B Employer Nomination (Permanent) (Class EN)
1114C Regional Employer Nomination (Permanent) (Class RN)
1118A Special Eligibility (Class CB)
1123A Other Family (Migrant) (Class BO)
1123B Other Family (Residence) (Class BU)
1124 Parent (Migrant) (Class AX)
1124A Aged Parent (Residence) (Class BP)
1124B Partner (Residence) (Class BS)
1127AA Resolution of Status (Class CD)
1128 Return (Residence) (Class BB)
1129 Partner (Migrant) (Class BC)
1130 Contributory Parent (Migrant) (Class CA)
1130A Contributory Aged Parent (Residence) (Class DG)
1131 Territorial Asylum (Residence) (Class BE)
1133 Referred Stay (Permanent) (Class DH)
1136 Skilled (Residence) (Class VB)
1137 Skilled—Independent (Permanent) (Class SI)
1138 Skilled—Nominated (Permanent) (Class SN)
1139 Permanent Residence (Skilled Regional) (Class PR)
1140 Pacific Engagement (Class PA)
Part 2—Temporary visas (other than bridging visas)
1201 Border (Temporary) (Class TA)
1202B Business Skills (Provisional) (Class EB)
1206 Diplomatic (Temporary) (Class TF)
1208A Electronic Travel Authority (Class UD)
1211 Extended Eligibility (Temporary) (Class TK)
1212B Investor Retirement (Class UY)
1214A Medical Treatment (Visitor) (Class UB)
1214BA New Zealand Citizen Family Relationship (Temporary) (Class UP)
1214C Partner (Temporary) (Class UK)
1215 Prospective Marriage (Temporary) (Class TO)
1217 Retirement (Temporary) (Class TQ)
1218AA Visitor (Class TV)
1219 Special Category (Temporary) (Class TY)
1220A Partner (Provisional) (Class UF)
1221 Contributory Parent (Temporary) (Class UT)
1221A Contributory Aged Parent (Temporary) (Class UU)
1222 Student (Temporary) (Class TU)
1223B Temporary Safe Haven (Class UJ)
1223C Temporary (Humanitarian Concern) (Class UO)
1224 Transit (Temporary) (Class TX)
1224A Work and Holiday (Temporary) (Class US)
1225 Working Holiday (Temporary) (Class TZ)
1227 Maritime Crew (Temporary) (Class ZM)
1228 Skilled (Provisional) (Class VF)
1229 Skilled (Provisional) (Class VC)
1230 Skilled—Regional Sponsored (Provisional) (Class SP)
1231 Temporary Work (Short Stay Specialist) (Class GA)
1234 Temporary Work (International Relations) (Class GD)
1237 Temporary Activity (Class GG)
1239 Family (Temporary) (Class GH)
1240 Skills in Demand (Class GK)
1241 Skilled Work Regional (Provisional) (Class PS)
1242 Skilled Employer Sponsored Regional (Provisional) (Class PE)
1301 Bridging A (Class WA)
1302 Bridging B (Class WB)
1303 Bridging C (Class WC)
1304 Bridging D (Class WD)
1305 Bridging E (Class WE)
1306 Bridging F (Class WF)
1307 Bridging R (Class WR)
Part 4—Protection, Refugee and Humanitarian visas
1401 Protection (Class XA)
1402 Refugee and Humanitarian (Class XB)
1403 Temporary Protection (Class XD)
1404 Safe Haven Enterprise (Class XE)
Division 1.1—Introductory
These Regulations are the Migration Regulations 1994.
Division 1.2—Interpretation
Note: This Division sets out definitions that apply to the Regulations as a whole. Elsewhere in the Regulations there may be definitions that have more limited application. A term defined in section 5 of the Act has the same meaning in the Regulations, in the absence of a contrary intention.
In these Regulations, unless the contrary intention appears:
AASES form, for a secondary exchange student, means an Acceptance Advice of Secondary Exchange Student form from the relevant State or Territory education authority, containing the following declarations:
(a) a declaration made by the student’s exchange organisation, accepting the student;
(b) a declaration made by the student’s parents, or the person or persons having custody of the student, agreeing to the exchange.
academic year means a period that is specified by the Minister as an academic year in an instrument in writing for this definition.
additional applicant charge means the charge explained in subregulation 2.12C(4).
adequate arrangements for health insurance means arrangements to be covered by health insurance:
(a) that meet the requirements for health insurance specified in an instrument under regulation 1.15L for the purposes of this paragraph; or
(b) if no such requirements are specified—that are adequate in the circumstances.
adoption has the meaning set out in regulation 1.04.
Note: adopt and adopted have corresponding meanings: see Acts Interpretation Act 1901, section 18A.
adoption compliance certificate means an adoption compliance certificate within the meaning of the Family Law (Bilateral Arrangements—Intercountry Adoption) Regulations 2023 or the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998.
Adoption Convention means the Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption signed at The Hague on 29 May 1993.
Note: The text of the Adoption Convention is set out in Schedule 1 to the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998.
Adoption Convention country means a country that is a Convention country under the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998.
adverse information has the meaning given by regulation 1.13A.
aged care service has the same meaning as in the Aged Care Act 1997.
aged dependent relative, in relation to a person who is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen, means a relative who:
(a) does not have a spouse or de facto partner; and
(b) has been dependent on that person for a reasonable period, and remains so dependent; and
(c) is old enough to be granted an age pension under the Social Security Act 1991.
aged parent means a parent who is old enough to be granted an age pension under the Social Security Act 1991.
aircraft safety inspector means a person who:
(a) is employed by a foreign government to inspect the safety procedures of international air carriers or the safety of aircraft; and
(b) travels to Australia on an aircraft in the course of that employment; and
(c) will depart Australia on an aircraft in the course of that employment or as a passenger.
airline crew member means:
(i) is employed by an international air carrier as an aircrew member; and