Amendments Relating to Security Assessment

1 December 2005 - Legislation change

Client summary

From 1 December 2005 the Migration Regulations 1994 ("the Regulations") will be amended to align the meaning of "security" in criteria for visa grant and prescribed grounds for visa cancellation with the meaning in section 4 of the Australian Security Intelligence Organisation Act 1979 ("the ASIO Act").

The relevant criterion will require that an applicant must not be assessed by the Australian Security Intelligence Organisation ("ASIO") as a risk to security, within the meaning of the ASIO Act. Similarly, it will be a ground for cancellation of a visa where the holder is assessed by ASIO as a risk to security, within the meaning of the ASIO Act. Previously these provisions referred to "Australian national security".

Technical details

Paragraph 2.43(1)(b) of Part 2 of the Regulations, prescribing grounds for cancellation of a visa under paragraph 116(1)(g) of the Migration Act 1958 ("the Act"), will be amended to read: "that the holder of the visa has been assessed by the Australian Security Intelligence Organisation to be directly or indirectly a risk to security, within the meaning of section 4 of the Australian Security Intelligence Organisation Act 1979".

Public Interest Criterion 4002 in Schedule 4 to the Regulations, which is prescribed as a criterion for grant of the majority of visas, will be amended to read: "the applicant is not assessed by the Australian Security Intelligence Organisation to be directly or indirectly a risk to security, within the meaning of section 4 of the Australian Security Intelligence Organisation Act 1979".

Additional information: Nil

Transitional arrangements: Nil

Forms: Nil

Instructions: MSI 397 is being updated. PAM3: Sch4/4002 has been updated for the 1 December release of Legend.

Effect on delegations: Nil

Effect on systems: Nil