Migration (1993) Regulations (Amendment) (Cth)
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I, The Governor-General of the Commonwealth of Australia, acting with the advice of the
Federal Executive Council, make the following Regulations under the
Dated 4 March 1994.
BILL HAYDEN
Governor-General
By His Excellency’s Command,
NICK BOLKUS
Minister for Immigration and Ethnic Affairs
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1.1 The Migration (1993) Regulations are amended as set out in these Regulations.
[NOTE: These Regulations commence on gazettal: see
2.1 After item 2801B, insert:
“2801C 775 (Designated persons (child) (temporary)) —”.
3.1 After Part 774, insert:
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775.211 A Class 775 visa may be applied for and granted only in Australia but before entry.
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775.311 The application must be made in accordance with approved form 995.
775.321 The applicant:
(a) is a designated person within the meaning of section 54K of the Act; and
(b) is in custody under section 54L of the Act; and
(c) has not turned 18.
775.322 An entry application (within the meaning of section 54K of the Act):
(a) has been made by the applicant; or
(b) that includes the applicant has been made by another person; or
(c) has been made by a person of whose family unit the applicant is a member and:
(i) the applicant was born in Australia after the making of that entry application; or
(ii) the applicant became the member of the family unit of a person after the making of that entry application;
and either:
(d) a decision has not been made in relation to that entry application; or
(e) the entry application has been refused but not all appeals against, or reviews of, the refusal have yet been finalised.
775.331 The applicant continues to satisfy the criteria specified in clauses 775.321 and 775.322.
775.332 The Minister
is satisfied that, as an alternative to custody, an arrangement has been made
between the applicant and an Australian citizen or an Australian permanent
resident (in this Division called
775.333 The Minister is satisfied that the care arrangement referred to in clause 775.332 is in the applicant’s best interests.
775.334 The applicant satisfies public interest criteria 4001 to 4003, 4007 and 4008.
775.335 If so requested by the Minister, the carer has given a written undertaking to the Minister that the carer will meet all the expenses of maintaining the applicant during the non-custodial care arrangement, and the undertaking has been accepted by the Minister.
755.336 The Minister is satisfied that the grant of the visa would not prejudice the rights and interests of any person who has, or may reasonably be expected to have, custody or guardianship of, or access to, the applicant.
775.341 Mandatory conditions: 9203.
775.342 Discretionary conditions: Nil.
775.511 A Class 775 entry permit may be applied for and granted either before or after entry.
775.521 A Class 775 entry permit has effect until such time as:
(a) a decision has been made in relation to the entry application made for the applicant, and all appeals against and reviews of any refusal of that application have been finalised; or
(b) an entry permit of another class has been granted to the applicant; or
(c) the person with whom the applicant arrived in Australia has asked the Minister, in writing, to be removed from Australia.
[
775.771 The application must be made in accordance with approved form 995.
775.721 The applicant:
(a) is a designated person within the meaning of section 54K of the Act; and
(b) is in custody under section 54L of the Act; and
(c) has not turned 18.
775.722 An entry application (within the meaning of section 54K of the Act):
(a) has been made by the applicant; or
(b) that includes the applicant has been made by another person; or
(c) has been made by a person of whose family unit the applicant is a member and:
(i) the applicant was born in Australia after the making of that entry application; or
(ii) the applicant became the member of the family unit of a person after the making of that entry application;
and either:
(d) a decision has not been made in relation to that entry application; or
(e) the entry application has been refused but not all appeals against, or reviews of, the refusal have yet been finalised.
775.731 The applicant continues to satisfy the criteria specified in clauses 775.721 and 775.722.
775.732 The Minister
is satisfied that, as an alternative to custody, an arrangement has been made
between the applicant and an Australian citizen or an Australian permanent
resident (in this Division called
775.733 The Minister is satisfied that the care arrangement referred to in clause 775.732 is in the applicant’s best interests.
775.734 The applicant satisfies public interest criteria 4001 to 4003, 4007 and 4008.
775.735 If so requested by the Minister, the carer has given a written undertaking to the Minister that the carer will meet all the expenses of maintaining the applicant during the non-custodial care arrangement, and the undertaking has been accepted by the Minister.
755.736 The Minister is satisfied that the grant of the visa would not prejudice the rights and interests of any person who has, or may reasonably be expected to have, custody or guardianship of, or access to, the applicant.
775.741 Mandatory conditions: 9203.
775.742 Discretionary conditions: Nil.
1. Notified in the
Commonwealth of Australia Gazette on 11 March 1994.2. Statutory Rules 1992 No. 367 as amended by 1993 Nos. 19, 29, 88, 169, 175, 218, 235, 253, 267, 283, 309, 310, 329, 363 and 371; 1994 Nos. 11 and 38.
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