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Departmental Information

Amendments to the Migration Regulations 1994 to provide time limits on decisions regarding Protection visa applications

20 December 2005 - Legislation change

Client summary

From 20 December 2005 the Regulations will prescribe circumstances and days on which the 90 day period starts for the purposes of subsection 65A(1) and subsection 91Y(10) of the Migration Act 1958.

Technical details

The regulations prescribe the circumstances and days on which the 90 day period starts for the purposes of subsection 65A(1) and subsection 91Y(10) of the Migration Act.

  • subsection 65A(1) of the Act, inserted by the Migration and Ombudsman Legislation Amendment Act 2005, provides that regulations may prescribe the circumstances in which the 90 day period within which the Minister must make a decision on an application for a protection visa will start; and

  • subsection 91Y(10) of the Act, inserted by the Migration and Ombudsman Legislation Amendment Act 2005, provides that the 'decision period' for the purposes of section 91Y means the period of 90 days starting either on the day on which the application for the protection visa was made or, in the circumstances prescribed in the regulations, on the day prescribed.

Additional information: Migration and Ombudsman Legislation Amendment Act 2005

Transitional arrangements: None

Forms: Nil

Instructions: PAM3

Effect on delegations: Nil

Effect on systems: Nil