New Migration (United Nations Security Council Resolutions) Regulations 2007
1 July 2007 - Legislation change
Client summary
From 1 July 2007 the Migration (United Nations Security Council Resolutions) Regulations 2007 (‘the UNSC Regulations’) will come into effect to:
- repeal the four previously existing sets of regulations dealing with United Nations Security Council Resolutions (UNSCR)
and - replace them with a single set of UNSCR regulations.
The single set of UNSCR regulations will incorporate all the existing travel sanction resolutions and enable new travel sanction resolutions to be incorporated by legislative instrument as required.
Technical details
The following Regulations are repealed:
- Migration (Sierra Leone – United Nations Security Council Resolution No. 1171) Regulations 1997
- Migration (Liberia – United Nations Security Council Resolutions) Regulations 2001
- Migration (Afghanistan – United Nations Security Council Resolution No. 1390) Regulations 2002
- Migration (Côte d’Ivoire – United Nations Security Council Resolutions) Regulations 2005
Additional information:
The new UNSCR Regulations give effect to United Nations travel sanctions imposed on individuals as identified in a United Nations Security Council Resolution or by a sanctions committee established under a United Nations Security Council Resolution.
The new UNSCR Regulations include:
- a cancellation power where a person, subject to a UNSCR travel sanction, is in Australia
and - the Minister’s power to grant a visa, or not cancel an individual’s visa, where the Minister is satisfied that the person’s travel is permitted by the relevant sanction committee, or where the Minister is satisfied that compelling grounds exist. A compelling ground would include Australia ’s international obligations.
Transitional arrangements:
The single set of UNSCR regulations will apply (in addition to any provisions in other regulations under the Act) to an application for a visa:
- made but not finally determined before 1 July 2007
and - made on or after 1 July 2007.
Forms: Nil
Instructions: PAM3 The relevant policy documents will be updated to reflect these amendments.
Effect on delegations: Nil
Effect on systems: Nil