Amendments to the Migration Regulations 1994 relating to foreign dignitaries and immigration clearance
9 August 2008 - Legislation Change
Client summary
From 9 August 2008, the Migration Regulations 1994 (‘the Regulations’) are amended to provide the Minister with a discretion to exempt a class of person, referred to as a ‘designated foreign dignitary’, from having to comply with the immigration clearance requirements under section 166 of the Migration Act 1958 (‘the Act’) on entry to Australia.
Affected legislation
The following contents of the Regulations are affected:
- regulation 1.03 in Division 1.2 of Part 1 of the Regulations;
- Division 3.1 of Part 3 of the Regulations; and
- Schedule 9 to the Regulations.
Additional information: The purpose of these amendments is to provide for a specified class of persons, to be referred to as ‘designated foreign dignitaries’, to be exempt from immigration clearance requirements under the Act on entry to Australia. These changes are consistent with obligations the Australian Government accepts under international law to protect persons with privileges and immunities. Members of the immediate family of persons travelling with persons afforded the exemption status will also be exempt from these requirements. Currently these persons are required to comply with immigration clearance requirements on entry to Australia under the legislation.
All designated foreign dignitaries and accompanying family members, unless traveling as official invited guest of government, will still be required to hold an appropriate visa for their travel to Australia.
These amendments will provide the Minister for Immigration and Citizenship with a discretion to afford this exemption status by specifying them in an instrument in writing.
The new provisions also provide that the Minister must specify these persons in accordance with arrangements approved by the Minister in writing. This will ensure that:
- there is a consistent approach to determining which persons are exempt from immigration clearance requirements on entry to Australia; and
- the Minister retains sufficient control over the process irrespective of whether the discretion is delegated.
Transitional provisions: The amendments apply in relation to all ‘designated foreign dignitaries’ entering Australia on or after 9 August 2008.
Forms: N/A
Instructions: PAM3 will be amended to reflect these changes by 1 September 2008.