Migration (Review) (1993) Regulations

View image in the official source

Statutory Rules 1993 No. 181

__________________

Migration (Review) (1993) Regulations

I, The 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.

Dated 22 January 1993.

BILL HAYDEN

Governor-General

By His Excellency’s Command,

PETER COOK

Minister of State for Industrial Relations

for and on behalf of the

Minister of State for Immigration, Local Government

and Ethnic Affairs

____________

PART 1—PRELIMINARY

Citation

1. These Regulations may be cited as the Migration (Review) (1993) Regulations.

Commencement

2. These Regulations commence on 1 February 1993.

[NOTE: These Regulations apply only in relation to applications, etc., under the Migration (1993) Regulations; see r. 45. See also note to r. 47.]

Interpretation

3. (1) In these Regulations, unless the contrary intention appears:

“internal review” means review by a review officer under Part 2;

“internally reviewable decision” means a decision of a kind that is specified in regulation 4 as an internally reviewable decision;

“IRT reviewable decision” means a decision that:

(a) has been affirmed, varied or made on review under Part 2; or

(b) is a decision that would, but for subregulation 4 (2), be an internally reviewable decision; or

(c) is a decision to refuse a Class 812 (December 1989 (permanent)) entry permit;

“Migration (1989) Regulations” has the same meaning as in the Migration (1993) Regulations;

“reconsidered” means reconsidered in accordance with regulation 2.6 of the Migration (1993) Regulations;

“the Act” means the Migration Act 1958.

(2) In these Regulations, a reference to a particular visa or entry permit is a reference to a visa or entry permit of that class as set out in Schedule 1 to the Migration (1993) Regulations.

(3) Unless the contrary intention appears, a word or expression used in these Regulations and in the Migration (1993) Regulations has the same meaning in these Regulations as in the Migration (1993) Regulations.

Internally reviewable decisions

4. (1) Subject to this regulation, a decision is an internally reviewable decision if it is:

(a) a decision to refuse a visa or entry permit of a kind specified in the Schedule; or

(b) a decision to reject a nomination or sponsorship lodged in connection with an application, or proposed application, for a visa or entry permit of a kind specified in the Schedule; or

(c) a decision by way of an assessment under subsection 30 (1) or 41 (2) of the Act in relation to an application for a visa or entry permit of a kind specified in the Schedule.

(2) A decision is not an internally reviewable decision if it is:

(a) a decision made:

(i) by the Minister personally; or

(ii) by the Secretary, or a Senior Executive Service officer, acting as a delegate of the Minister; or

(b) a decision made on, or in connection with, an application for an entry permit lodged by a person who:

(i) became an illegal entrant on entry into Australia by reason of subsection 14 (2) of the Act; and

(ii) was an illegal entrant by reason of that subsection when he or she lodged the application; or

(c) a decision made in respect of an application for an entry permit lodged as a result of a notification by the Tribunal to the applicant under paragraph 121 (2) (a) of the Act.

(3) A decision to refuse a permanent entry permit after the applicant’s entry into Australia is not an internally reviewable decision unless:

(a) the applicant held a temporary entry permit that was not subject to the condition referred to in paragraph 33 (4) (a) of the Act when he or she applied for the permanent entry permit; or

(b) in the case of an application lodged by the applicant at the same time as an application for a Group 2.5 (Extended eligibility) entry permit:

(i) the second-mentioned application is refused; and

(ii) that refusal is internally reviewable.

(4) A decision to refuse a Group 2.5 (Extended eligibility) entry permit to an applicant who held, on lodging the application for the entry permit, a visitor visa or a visitor entry permit is not an internally reviewable decision unless the application was for:

(a) a Class 820 (Extended eligibility (spouse)) entry permit or a Class 801 (Spouse (after entry)) entry permit; or

(b) a Class 826 (Extended eligibility (interdependency)) entry permit or a Class 814 (Interdependency (permanent)) entry permit.

(5) A decision is not an internally reviewable decision if it is a decision to refuse:

(a) a temporary entry permit of a kind specified in column 2 of an item in Part 2 of Schedule 1 to the Migration (1993) Regulations to an applicant who held, when he or she applied for the entry permit, a Group 2.2 (Student) visa or entry permit that was granted for the primary purpose of enabling him or her to study a full-time English language course as a student paying full fees; or

(b) an entry permit to an applicant who held, on or after entry into Australia, a visa or entry permit granted subject to a condition specified in paragraph 23 (4) (b) or 33 (4) (b) of the Act; or

(c) a prescribed permit, within the meaning of Part 3.

(6) A decision to reject a nomination or sponsorship lodged in connection with an application or proposed application for a visa or entry permit of a kind specified in the Schedule is an internally reviewable decision only if:

(a) where such an application has been lodged—no decision in respect of the application has been notified to the person lodging the application; and

(b) whether or not such an application has been lodged—some person would have, in the event of lodgment and refusal of the application, a right of review of the decision in respect of the application.

PART 2—INTERNAL REVIEW

Review officer to conduct review

5. A review officer must conduct a review of an internally reviewable decision if:

(a) an application for review of the decision that complies with these Regulations has been lodged in accordance with these Regulations; and

(b) the appropriate fee, if payable, has been paid.

Review officers

6. The officers who are to conduct reviews for the purposes of section 115 of the Act are the following officers:

(a) any officer of the Department appointed by name for that purpose by instrument of the Secretary; and

(b) any officer who, for the time being, is performing the duties of a position in the Department the position number of which is designated in writing by the Secretary for the purposes of this provision.

Applications for internal review and fee payable

7. (1) An application for internal review must:

(a) be in a form approved by the Minister; and

(b) contain:

(i) the name and address of the applicant for review; and

(ii) a brief statement of the capacity in which the applicant applies for review; and

(iii) details of the decision to which the application relates; and

(iv) if the application is in relation to a decision refusing to grant a visa or an entry permit and the applicant for the review was not also the applicant for the visa or entry permit—the name and address of that last-mentioned applicant; and

(c) unless the Secretary makes a determination under regulation 8 in relation to the application—be accompanied by the fee specified in subregulation (2).

(2) The fee payable in connection with the internal review of a decision is a fee of $200.

Waiver of fee for internal review

8. The Secretary may determine that the fee on an application for review should not be paid if he or she is satisfied that payment of the fee has caused, or will cause, the applicant severe financial hardship.

Lodgment of application

9. (1) Subject to this regulation, an application for internal review must be lodged at an office of the Department in Australia:

(a) by posting the application to that office; or

(b) by leaving it in a box at that office designated for the lodgment of such applications; or

(c) by leaving it with a person employed by the Department at that office and authorised to receive such documents.

(2) An application posted in accordance with paragraph (1) (a) is not to be taken to have been lodged until received at an office of the Department.

(3) An application for internal review in respect of a person in custody under the Act must comply with the requirements of regulation 41 as if the references in that regulation to review by a review authority were references to internal review.

Refund of fee for internal review

10. (1) The amount of a fee paid on an application for internal review is to be refunded if:

(a) the decision to which the review relates is set aside or varied by a review authority; or

(b) under regulation 8, the Secretary determines that the fee should not be paid; or

(c) the applicant is not entitled to apply for such a review; or

(d) the decision to which the application relates is not subject to internal review; or

(e) the Minister has given a certificate as referred to in subsection 120 (2) of the Act in relation to the decision to which the application relates.

(2) If an application for internal review is withdrawn, the fee paid on the application is to be refunded if:

(a) the application is withdrawn because the death has occurred, since the application was lodged, of:

(i) the applicant for the visa or entry permit that was the subject of the application; or

(ii) a member of that applicant’s family unit; or

(b) the application is withdrawn because the applicant for the visa or entry permit that was the subject of the application has been granted a visa or entry permit of that kind otherwise than in circumstances specified in paragraph 10 (3) (a) or (b) or 35 (3) (a) or (b).

(3) The fee paid on an application for internal review is not to be refunded if, before the review is determined:

(b) the Minister has reconsidered the initial application and the applicant’s score on the reconsideration is more than or equal to the applicable pass mark; or

(c) the applicant for the review is granted an entry permit on an application made following a notification by a review officer under subsection 121 (2) of the Act.

Notice of decision in relation to internal review

11. (1) Subject to regulation 45, the review officer who makes a decision on an internal review must give to, or serve on, the applicant for the review notice in writing of the decision.

(2) The notice must be given or served not later than 10 days after making the decision.

(3) If the review officer does not set aside the decision to which the review relates, the notice must set out:

(a) the decision of the review officer; and

(b) the reasons for the decision, including brief reference to the findings and evidence on any material questions of fact.

PART 3—REVIEW OF DECISIONS CONCERNING CLASS 784 (DOMESTIC PROTECTION (TEMPORARY)) ENTRY PERMITS

Interpretation

12. In this Part, “prescribed permit” means a Class 784 (Domestic protection (temporary)) entry permit.

Restriction on application of Parts 2, 4 and 5 in relation to review of decisions to refuse prescribed permits

13. (1) An application to review a decision to refuse a prescribed permit may be made only under this Part.

(2) Parts 2, 4 and 5 do not apply to an application for review under this Part except as expressly provided by this Part.

Certain review officers to conduct review of decisions to refuse prescribed permits

14. (1) A review officer specified in subregulation (2) must conduct a review of a decision to refuse a prescribed permit if an application for review of the decision has been lodged in accordance with this Part.

(2) A review officer who conducts a review referred to in subregulation (1) must be:

(a) an officer of the Department appointed by name, in writing, for the purposes of this regulation, by the Secretary; or

(b) an officer for the time being performing the duties of a position in the Department the position number of which is designated, in writing, for the purposes of this regulation, by the Secretary.

Application for review and fee payable

15. (1) An application for review of a decision to refuse a prescribed permit must be made on a form approved by the Minister for the purpose and contain details sufficient to identify the decision.

(2) The application must be accompanied by a fee of $30 unless the fee has been waived under subregulation (3) or the applicant is the Secretary.

(3) The Secretary may determine that the fee on an application for review of a decision to refuse a prescribed permit should not be paid if he or she is satisfied that payment of the fee has caused, or will cause, severe financial hardship to the applicant for review.

Persons who may apply under this Part

16. (1) The applicant for a prescribed permit may apply for review of a decision to refuse the permit, but only if he or she was lawfully present in Australia when the application for the permit was lodged.

(2) The Secretary may apply for review of a decision to refuse a prescribed permit.

Refund of fee if application allowed

17. Regulation 10 applies in relation to reviews under this Part as if references in that regulation to internal review were references to review under this Part.

Notice of decision in relation to application

18. (1) Subregulations 11 (1) and (2) apply in relation to reviews under this Part.

(2) In the application of subregulation 11 (1) to this Part, the reference in subregulation 11 (1) to internal review is taken to be a reference to review under this Part.

Review authority

19. Regulations 38 and 39 apply in relation to reviews under this Part.

Time limits in relation to application

20. Regulation 40 applies in relation to reviews under this Part as if references in that regulation to a decision were references to a decision to refuse a prescribed permit within the meaning of this Part.

Persons in custody

21. Regulation 41 applies in relation to reviews under this Part with the following modifications:

(a) references to internal review are taken to be references to review under this Part; and

(b) subparagraph 41 (1) (a) (ii) is taken to be omitted; and

(c) references to the Tribunal and a registry of the Tribunal are taken to be omitted.

Delegation by Secretary in relation to application

22. Regulation 44 applies in relation to reviews under this Part.

PART 4—REVIEW BY TRIBUNAL

Jurisdiction of the Tribunal

23. (1) Subject to subregulation (2), the Tribunal is to review an IRT reviewable decision if an application for review of the decision is made in accordance with these Regulations.

(2) In the case of a decision to refuse to grant a Class 812 (December 1989 (permanent)) entry permit, subregulation (1) applies only if the applicant for the permit:

(a) was a prohibited non-citizen on or before 18 December 1989; and

(b) had not been taken into custody under section 92 or 93 of the Act before lodgment of the application for the permit.

Prescribed number of Senior Members and of members

24. For the purposes of section 151 of the Act:

(a) the prescribed number of Senior Members is 6; and

(b) the prescribed number of members is 50.

Powers of Tribunal on review

25. The Tribunal has recommendatory powers in relation to the review of a decision made by the Minister personally.

Application for review by Tribunal and fee payable

26. (1) An application for review by the Tribunal:

(a) is to be in a form approved by the Minister and must contain:

(i) the name and address of the applicant for review; and

(ii) a brief statement of the capacity in which the applicant applies for review; and

(iii) details of the decision to which the application relates; and

(iv) if the application is in relation to a decision refusing to grant a visa or an entry permit and the applicant for the review was not also the applicant for the visa or entry permit—the name and address of that last-mentioned applicant; and

(b) unless the Registrar, or a Deputy Registrar, of the Tribunal makes a determination under regulation 27—must be accompanied by the fee specified in subregulation (2).

(2) A fee of $300 is payable for the review by the Tribunal of a decision unless the fee is waived under regulation 27.

Waiver of fee for review by Tribunal

27. The Registrar, or a Deputy Registrar, of the Tribunal may determine that the fee on review by the Tribunal of a decision should not be paid if he or she is satisfied that payment of the fee has caused, or will cause, the applicant for review severe financial hardship.

Lodgment of application

28. (1) An application for review by the Tribunal must be lodged at a registry of the Tribunal:

(a) by posting the application to that registry; or

(b) by leaving it at that registry in a box designated for the lodgment of such applications; or

(c) by leaving it with a person employed at that registry and authorised to receive such documents.

(2) An application posted in accordance with paragraph (1) (a) is not to be taken to have been lodged until received at a registry of the Tribunal.

Prescribed number of copies—subsection 122 (2) of the Act

29. For the purposes of subsection 122 (2) of the Act, the prescribed number of copies is:

(a) in respect of a statement referred to in paragraph 122 (2) (a) of the Act—2 copies; and

(b) in respect of each document or part of a document referred to in paragraph 122 (2) (b) of the Act—1 copy.

Time limits in relation to other evidence

30. (1) The person who is required to provide to the Tribunal other evidence referred to in paragraph 130 (1) (b) of the Act must provide the evidence:

(a) if provided personally—not later than 10 days; or

(b) if provided by post from a place in Australia:

(i) not later than 14 days; or

(ii) if the Tribunal so directs—not later than 28 days; or

(c) if provided by post from a place outside Australia:

(i) not later than 30 days; or

(ii) if the Tribunal so directs—not later than 70 days;

after the Tribunal has required the evidence to be obtained.

(2) For the purposes of this regulation, evidence is not to be taken to be provided until received at a registry of the Tribunal.

Summons to attend before Tribunal

31. A summons referred to in subsection 132 (3) of the Act may be served on a person:

(a) by delivering the summons to the person personally or to a person duly authorised to receive documents on behalf of that first-mentioned person; or

(b) by leaving it at the last-known place of residence of the person with a person apparently an occupant of that place and apparently not less than 16 years of age; or

(c) by sending the summons by certified post to the last-known place of residence of that person.

Fees for persons giving evidence

32. (1) For the purposes of subsection 145 (1) of the Act, the fees and allowances for expenses to be paid to a person summoned to appear before the Tribunal in relation to a review by the Tribunal are the fees and allowances in accordance with the scale in Schedule 2 to the Administrative Appeals Tribunal Regulations as in force from time to time.

(2) The presiding member of the Tribunal is to determine the fees and allowances (if any) payable to a person under subregulation (1).

Prescribed allowances—section 155 of the Act

33. (1) For the purposes of section 155 of the Act, the following allowance is prescribed for a Principal Member in relation to attendance at any business in respect of his or her duties as Principal Member, namely, an allowance of $6.63 in relation to each day or part of a day on which he or she so attends in respect of those duties.

(2) The allowance under subregulation (1) is not payable in respect of a Saturday or Sunday, a public holiday or any day on which the Principal Member is officially on leave from his or her duties.

Duties, powers and functions of officers of Tribunal

34. Each officer of the Tribunal has the following duties, powers and functions:

(a) to issue a summons by the presiding member in relation to a review for the purposes of paragraph 132 (3) (a) or (b) of the Act;

(b) to obtain documents in connection with the review of a decision;

(c) to direct attendance at a registry of the Tribunal in connection with the review of a decision.

Refund of fee for review by Tribunal

35. (1) The amount of a fee paid on an application for review by the Tribunal is to be refunded if:

(a) the decision to which the review relates is set aside or varied; or

(b) the Registrar, or a Deputy Registrar, under regulation 27, determines that the fee should not be paid; or

(c) the applicant is not entitled to apply for such a review; or

(d) the decision to which the application relates is not subject to review by the Tribunal; or

(e) the Minister has given a certificate as referred to in subsection 120 (2) of the Act in relation to the decision to which the application relates.

(2) If an application for review by the Tribunal is withdrawn, the fee paid on the application is to be refunded if:

(a) the application is withdrawn because the death has occurred, since the application was lodged, of:

(i) the applicant for the visa or entry permit that was the subject of the application; or

(ii) a member of that applicant’s family unit; or

(b) the application is withdrawn because the applicant for the visa or entry permit that was the subject of the application has been granted a visa or entry permit of that kind otherwise than in circumstances specified in paragraph 10 (3) (a) or (b) or 35 (3) (a) or (b).

(3) The fee paid on an application for review by the Tribunal is not to be refunded if, before the review is determined:

(b) the Minister has reconsidered the initial application and the applicant’s score on the reconsideration is more than or equal to the applicable pass mark; or

(c) the applicant for the review is granted an entry permit on an application made following a notification by the Tribunal under subsection 121 (2) of the Act.

PART 5—PROVISIONS RELATING TO REVIEW BY REVIEW AUTHORITY

Individuals and organisations entitled to apply for review

36. (1) This regulation has effect subject to regulation 37.

(2) In this regulation:

“relevant decision” means:

(a) an internally reviewable decision; or

(b) an IRT reviewable decision;

“third party”, in relation to an application for a visa or entry permit,

means:

(a) an individual (other than the applicant for the visa or entry permit); or

(b) an organisation.

(3) An applicant for a visa or entry permit may apply, in accordance with these Regulations, for review of a relevant decision, being a decision to refuse the visa or entry permit, if:

(a) the applicant was lawfully present in Australia when he or she lodged the application; or

(b) in the case of an application for a visa—the applicant:

(i) was an illegal entrant on 19 December 1989; and

(ii) has not subsequently left Australia; or

(c) in the case of an application for a Class 806 (Family and other close ties (after entry)) entry permit:

(i) at the date of lodgment of the first-mentioned application, the applicant:

(A) was an illegal entrant; and

(B) had turned 18; and

(ii) before he or she turned 18, the applicant:

(A) had entered Australia; and

(B) had become a prohibited non-citizen or an illegal entrant; or

(d) the applicant:

(i) became an illegal entrant, by reason of subsection 14 (2) of the Act, on entry to Australia; and

(ii) has not left Australia since that entry.

(4) Subject to subregulation (7), where an application for a visa or entry permit has been lodged, a third party may apply, in accordance with these Regulations, for review of a relevant decision in respect of the application:

(a) if:

(i) the application was for a class of visa or entry permit that has a prescribed criterion requiring nomination or sponsorship; and

(ii) the third party is a nominator or sponsor of the applicant; or

(b) if:

(i) the application was for a class of visa or entry permit specified in an item in the table set out in subregulation (5); and

(ii) particulars relating to the third party were included in the application; and

(iii) the third party applying for review is an individual or organisation specified in column 3 of that item; or

(c) in respect of an individual, if:

(i) the application was for a visa Class 154 (Resident return (A)), Class 155 (Resident return (B)), Class 156 (Resident return (C)), Class 157 (Resident return (D)) or Class 159 (Resident return (F)); and

(ii) the applicant made the application overseas; and

(iii) the third party is an individual who is a close relative of the applicant.

(5) For the purposes of subparagraph (4) (b) (i), the following table is set out:

_______________________________________________________

(6) Subject to subregulation (7), a third party may apply, in accordance with these Regulations, for review of a relevant decision:

(a) if:

(i) the decision is one to reject a nomination or sponsorship lodged in connection with an application for a visa or entry permit; and

(ii) the third party is the individual or organisation that lodged the nomination or sponsorship; or

(b) if:

(i) the decision is one by way of an assessment under subsection 30 (1) or 41 (2) of the Act; and

(ii) the third party is the nominator or sponsor in relation to the application to which the decision relates.

(7) A third party is not entitled under subregulation (4) or (6) to apply for review of a relevant decision if, at the time of lodgment of the relevant application for a visa or an entry permit:

(a) the third party, if an individual, was not an Australian citizen or an Australian permanent resident; or

(b) in the case of a decision to refuse an entry permit—the applicant for the entry permit did not satisfy the requirements of subregulation (3).

(8) A third party may apply, in accordance with these Regulations, for review of a relevant decision to refuse the nomination or sponsorship by the third party in relation to a proposed application for a visa or entry permit if, at the time of lodgment of the nomination or sponsorship:

(a) the proposed applicant for the visa or entry permit satisfied any requirement of subregulation (3); and

(b) the third party, if an individual, was an Australian citizen or an Australian permanent resident.

Persons who may apply for review of decision to refuse a December 1989 entry permit

37. (1) This regulation applies to a person who:

(a) is an Australian citizen or Australian permanent resident; and

(b) has nominated an applicant in relation to an application for a Class 812 (December 1989 (permanent)) entry permit;

if:

(c) the applicant has also applied for a Class 812 (December 1989 (permanent)) entry permit; and

(d) the circumstances specified in subregulation 23 (2) apply in respect of the applicant.

(2) A person to whom this regulation applies may apply for review of:

(a) a decision to refuse that application; or

(b) where the applicant has been granted an entry permit of that kind, a decision to refuse the applicant’s application for a Class 812 (December 1989 (permanent)) entry permit.

(3) No person other than a person to whom this regulation applies may apply for review of a decision of a kind referred to in subregulation (2).

Decision reviewable once only by particular review authority

38. A person who is entitled to apply for review of a reviewable decision to a review authority is not entitled to apply more than once to that review authority for review of that decision.

Notice of decision of review authority

39. (1) A notice or statement to be given to an applicant in relation to a decision of a review authority is to be taken to be duly given if the notice or statement is given:

(a) by posting it to the last address for service provided by the applicant in connection with his or her application for review; or

(b) by posting it to the residential address provided by the applicant in his or her application for review; or

(c) by giving it to the applicant or to a person authorised by the applicant to receive such documents on behalf of the applicant; or

(d) by leaving it at the place of residence of the applicant with a person apparently an occupant of that place and apparently not less than 16 years of age.

(2) The notice or statement is to be taken to have been received:

(a) if posted to an address in Australia—on the expiry of 5 working days after the day of posting; or

(b) if sent to an address outside Australia—on the expiry of 21 days after the day of posting or on such earlier day as is proved.

(3) It is sufficient compliance with the requirement to give a notice or statement under subregulation (1) if a facsimile or certified copy of the notice or statement is so given.

(4) A document posted in accordance with paragraph (1) (a) or (b) must bear correct pre-paid postage and, if the document is posted to an overseas address, the postage must be at the airmail rate.

Time limits

40. (1) An application for review by a review officer of a decision must be made:

(a) if the applicant is physically present in Australia—within 28 days after the day on which the person to whom the decision relates is taken to have been notified of the decision; or

(b) if the applicant is not physically present in Australia—within 70 days after that day.

(2) An application for review by the Tribunal of a decision must be made:

(a) if the applicant is physically present in Australia—within 28 days after the day on which:

(i) in the case of a decision otherwise than by a review officer—the person to whom the decision relates is taken to have been notified of the decision; or

(ii) in the case of a decision by a review officer—the person who applied for review by a review officer is taken to have been notified of the decision; or

(b) if the applicant is not physically present in Australia—within 70 days after the day on which:

(i) in the case of a decision otherwise than by a review officer—the person to whom the decision relates is taken to have been notified of the decision; or

(ii) in the case of a decision by a review officer—the person who applied for review by a review officer is taken to have been notified of the decision.

Lodgment of application—persons in custody

41. (1) An application for review by a review authority in respect of a person in custody under the Act:

(a) must be lodged:

(i) in the case of an application for review under Part 2 or 3—at an office of the Department; or

(ii) in the case of an application for review by the Tribunal—at a registry of the Tribunal;

in the State or Territory where the person is in custody; and

(b) is to be so lodged by leaving it at the office or registry, as the case requires, with an officer of the Department.

(2) In order for an application for review by a review authority to be duly lodged,the person lodging it must give notice in writing, in accordance with subregulation (3), to an officer of the Department appointed by the Secretary to be a custody review officer in the relevant State or Territory.

(3) The notice must:

(a) be given to the officer on the day on which the relevant application is lodged; and

(b) state:

(i) the nature of the application and the name of the person in respect of whom it was lodged; and

(ii) the office or registry at which, and the day on which, it was lodged; and

(iii) the name of the officer with whom it was lodged.

(4) For the purposes of this regulation, an office occupied by an officer of the Department at an airport or detention centre is to be taken to be an office of the Department, or a registry of the Tribunal, as the case requires.

Service of documents

42. (1) Where:

(a) a document is to be given to, or served on, a person for the purposes of a review under Part 3 of the Act; and

(b) no other provision as to the manner of giving or serving the document is made by the Act or these Regulations;

the document may be given or served:

(c) by giving it to the person personally or to a person duly authorised to receive documents on behalf of the first-mentioned person; or

(d) by posting it to the person at his or her last-known place of residence; or

(e) by leaving it at that place of residence of the person with another person apparently an occupant of that place and apparently not less than 16 years of age.

(2) It is sufficient compliance with a requirement to give or serve a document referred to in subregulation (1) if a facsimile or certified copy of the document is given or served in accordance with that subregulation.

(3) A document posted in accordance with paragraph (1) (d) must bear correct pre-paid postage and, if the document is posted to an overseas address, the postage must be at the airmail rate.

Time when service takes effect

43. (1) A document served on a person in accordance with paragraph 42 (1) (c) or (e) is to be taken to be served on the day on which it is given to the person, or another person, or left at a place of residence, as the case requires.

(2) A document served on a person in accordance with paragraph 42 (1) (d) is to be taken to be served:

(a) if the document is served by post on a person in Australia—on the expiry of 5 working days after the day of posting; or

(b) if the document is served by post on a person outside Australia—on the expiry of 21 days after the day of posting.

Delegation by Secretary

44. The Secretary may, by signed instrument, delegate the Secretary’s powers under these Regulations.

Expedited review (Close family visit visas)

45. (1) If:

(a) an application for:

(i) a Class 673 (Close family visitor (short stay)) visa that is refused on the ground that

(A) clause 673.332 in Chapter 2.4 of Schedule 2 to the Migration (1993) Regulations; or

(B) in relation to public interest criterion 4011—clause 673.333 in Chapter 2.4 of that Schedule;

is not met; or

(ii) Class 683 (Close family visitor) visa is refused on the ground that the criterion specified in:

(A) clause 683.332 in Chapter 2.3 of that Schedule; or

(B) in relation to public interest criterion 4011—clause 683.333 in Chapter 2.3 of that Schedule;

is not met; and

(b) the application was made for the purposes of participation by the applicant in an event of special family significance in which the applicant is directly concerned; and

(c) the applicant identified, in the application, the circumstances referred to in paragraph (b); and

(d) the application was made at such time before the event referred to in paragraph (b) as would allow, in the event of refusal of the application, for internal review, and review by the Tribunal, of that refusal;

the refusal must be reviewed immediately by a review officer on receipt of an application for internal review.

(2) A decision of a review officer must be reviewed immediately by the Tribunal on receipt of an application for review of the decision.

(3) A review authority must give notice of its decision in respect of an application for review to the applicant as soon as practicable.

Application

46. These Regulations apply only to decisions made in relation to an application, a nomination or a sponsorship (as the case requires) lodged under the Migration (1993) Regulations.

Repeal of Migration (Review) Regulations

47. Statutory Rules 1989 No. 412, 1990 Nos. 110, 238, 280 and 400, 1991 Nos. 3, 61, 202 and 298 and 1992 No. 113 are repealed.

Transitional

48. In spite of the repeal, by regulation 47, of the Migration (Review) Regulations, those Regulations continue to apply to matters arising in connection with applications, nominations or sponsorships lodged under the Migration (1989) Regulations.

[NOTE: Applications for review of decisions, whenever made, in relation to applications, etc., lodged before 1 February 1993 are still to be made under the Migration (Review) Regulations, and not under these Regulations.]

__________

SCHEDULE Subregulation 4 (1)

VISAS AND ENTRY PERMITS TO WHICH INTERNAL REVIEW IS APPLICABLE

PART 1—RESIDENT RETURN VISAS

PART 2—OTHER VISAS AND CORRESPONDING ENTRY PERMITS

SCHEDULE—continued

PART 3—OTHER ENTRY PERMITS

___________________________________________________________

NOTE

Note: 1. Notified in the Commonwealth of Australia Gazette on 29 January 1993.