Document ID: chunk:federal_register_of_legislation:F2007L01791:body:0:p1
Version: federal_register_of_legislation:F2007L01791
Segment Type: other
Provision Reference: 
Character Range: 2–3031

Migration (United Nations Security Council Resolutions) Regulations 20071

  Select Legislative Instrument 2007 No. 167

I, PHILIP MICHAEL JEFFERY, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Migration Act 1958.
Dated 21 June 2007

  P. M. JEFFERY
  Governor‑General
  By His Excellency's Command

  KEVIN ANDREWS
  Minister for Immigration and Citizenship

1 Name of Regulations

  These Regulations are the Migration (United Nations Security Council Resolutions) Regulations 2007.

2 Commencement

  These Regulations commence on 1 July 2007.

3 Repeal

  The following regulations are repealed:
 (a) Migration (Sierra Leone – United Nations Security Council Resolution No. 1171) Regulations 1997;
 (b) Migration (Liberia – United Nations Security Council Resolutions) Regulations 2001;
 (c) Migration (Afghanistan – United Nations Security Council Resolution No. 1390) Regulations 2002;
 (d) Migration (Côte d'Ivoire – United Nations Security Council Resolutions) Regulations 2005.

4 Definitions

  In these Regulations:
Act means the Migration Act 1958.
committee means a committee established under a United Nations Security Council Resolution.
resolution means a United Nations Security Council Resolution specified by the Minister, by legislative instrument.
UNSC‑designated person has the meaning given by regulation 5.

5 Meaning of UNSC‑designated person

  A person is a UNSC‑designated person if, under a resolution, Australia is required to prevent the person entering or transiting through Australian territory.

6 Application

  These Regulations apply despite any provisions in other regulations made under the Act.

7 Special criterion for grant of visas

 (1) This regulation applies in relation to an application for a visa:
 (a) made, but not finally determined (within the meaning of subsection 5 (9) of the Act), before 1 July 2007; or
 (b) made on or after 1 July 2007.

 (2) It is a criterion applicable (at the time of decision) to an application for a visa of any class that the Minister is satisfied that:
 (a) the applicant is not a UNSC‑designated person; or
 (b) a committee has determined that the applicant's travel to or transit through Australia is justified; or
 (c) a committee has authorised the applicant's travel to or transit through Australia; or
 (d) the grant of the visa to the applicant is justified by compelling circumstances.

 (3) Without limiting paragraph (2) (d), compelling circumstances may include the fulfilling of an international obligation owed by Australia.

8 Prescribed ground for cancelling visas (Act s 116)

 (1) This regulation applies to a visa of any class granted before, on or after 1 July 2007.

 (2) For paragraph 116 (1) (g) of the Act, the Minister may cancel a visa if the Minister is satisfied that the holder of the visa is a UNSC‑designated person (whether or not the person was a UNSC‑designated person at the time of