Amendments to the Foreign Policy Grounds Relevant to the Grant and Cancellation of Visas
01 March 2006 - Legislation change
Client summary
From 1 March 2006, the Migration Regulations 1994 ('the Regulations') will be amended to enable the Minister for Foreign Affairs to make, for certain visa subclasses, a determination that a non-citizen is a person whose presence in Australia is, or would be, contrary to Australia's foreign policy interests. A determination by the Minister for Foreign Affairs will result in refusal of a visa to an applicant, or cancellation of a visa already granted.
The previous provision provided that a determination could be made where the person's presence in Australia is prejudicial to Australia's relationship with another country. Under the amended provision, actual prejudice to Australia's relations with a foreign country does not have to be shown.
Certain humanitarian and protection visas (specified as "relevant visas") are excluded from the operation of the amendment to avoid conflict with Australia's International non-refoulement obligations.
Technical details
The following provisions of the Regulations have been amended:
Schedule 1
- Paragraphs 2.43(1)(a) and 2.43(2)(a)
- Subregulation 2.43(3)
Schedule 2
- Clause 447.225
- Paragraphs 447.227(1)(a) and 447.227(2)(a)
- Paragraph 447.323(a)
- Subclause 449.224(1)
- Subclause 449.322(1)
- Clause 451.225
- Paragraphs 451.227(1)(a), 451.227(2)(a) and 451.323(a)
- Clause 785.226
- Clause 786.225
- Clause 866.225
Schedule 4
- Public Interest Criterion 4003
Additional information: Nil
Transitional arrangements: The amendments apply in relation to the cancellation of a visa on or after 1 March 2006 irrespective of when the visa was granted and an application for a visa made on or after 1 March 2006, or made, but not finally determined (within the meaning of subsection 5 (9) of the Migration Act 1958), before 1 March 2006.
Forms: Nil
Instructions: PAM3 Gen Guide D - 9.6 Public Interest Criteria and PAM3: Sch 4 - 4003 - Foreign Minister requirements
Effect on delegations: Nil
Effect on systems: Nil