Migration (1993) Regulations (Amendment) (Cth)
__________________
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 22 January 1993.
BILL HAYDEN
Governor-General
By His Excellency’s Command,
PETER COOK
Minister of State for Industrial Relations
for and on behalf of the
Minister of State for Immigration, Local Government and Ethnic Affairs
____________
1.1 These Regulations commence on 1 February 1993.
2.1 The Migration (1993) Regulations are amended as set out in these Regulations.
3.1 Definition of “aged dependent relative”:
Omit the definition, substitute:
“
(a) has never married, or is widowed, divorced or formally separated from his or her spouse; and
(b) has been dependent on that person for a reasonable period, and remains so dependent; and
(c) is old enough to be granted an age pension under the
Social Security Act 1991 ;”.
3.2 Definition of “Australian permanent resident”, subparagraph (a) (ii):
Omit all the words before sub-subparagraph (A), substitute:
“(ii) a visa in any of the following groups that is in force:”.
3.3 Definition of “Australian permanent resident”, subparagraph (a) (iii):
Omit “the Migration (1989)
Regulations”, substitute “the
3.4 Definition of “Australian permanent resident”:
Add at the end:
“; or (d) the holder of another document, or a notation, that:
(i) permits a person to return to Australia; and
(ii) has not been cancelled under the Act or otherwise ceased to be in force; and
(iii) has effect without limitation as to time;”.
3.5 Definition of “Gazette Notice”:
Omit the definition, substitute:
“
(a) a notice in the
Gazette by the Minister that is authorised by the Act; or(b) a notice under regulation 1.16;”.
3.6 Definition of “permanent entry permit”, paragraph (c):
Omit the paragraph, substitute:
“(c) an entry visa that is operating as an entry permit that:
(i) is of a class specified in Part 1 of Schedule 1; or
(ii) otherwise has effect without limitation as to time;”.
3.7 Definition of “section 47 temporary entry permit” (note, paragraph (d)):
Omit “Class 825 (processing),”, substitute “Class 829 (processing (residence)),”.
3.8 Insert the following definition:
“
4.1 Paragraph 1.5 (1) (a):
Omit “child or adopted child”, substitute “child, adopted child or step-child”.
5.1 Paragraph 1.6 (1) (a):
Omit the paragraph, substitute:
“(a) be living together as spouses (without being legally married to each other) in a genuine domestic relationship that has continued for:
(i) the period of 6 months; or
(ii) a lesser period specified under subregulation (2);
immediately preceding the application; and”.
6.1 Subparagraph 1.7 (b) (i):
After “no”, insert “Australian citizen or”.
7.1 Paragraph 1.10 (1) (b):
Omit the paragraph, substitute:
“(b) the first-mentioned person cannot be cared for by either parent because each of them is either dead, permanently incapacitated or of unknown whereabouts; and”.
7.2 Paragraph 1.10 (1) (c):
Omit “relatives”, substitute “the second-mentioned person”.
7.3 Subclause 1.10 (2):
Omit the subclause.
8.1 Paragraph 1.20 (1) (a):
After “for a permanent entry permit”, insert “(other than a Class 129 (State/Territory sponsored business skills) or Class 130 (State/Territory sponsored business skills (senior executive)) visa)”.
8.2 Add at the end:
Subregulation (2) does not apply to the sponsor of an applicant for a Class 129 (State/Territory sponsored business skills) or Class 130 (State/Territory sponsored business skills (senior executive)) visa.”.
9.1 Subregulation 2.2 (3):
Omit the subregulation, substitute:
For the purposes of subparagraph 23 (1) (a) (i) of the Act, the conditions that may be imposed on a visa of a particular class, in addition to those mentioned in subsection 23 (4) of the Act, are the conditions set out in Schedule 9.”.
9.2 Subregulation 2.2 (5):
Omit the subregulation, substitute:
For the purposes of subparagraph 33 (1) (a) (i) of the Act, the conditions that may be imposed on an entry permit of a particular class, in addition to those mentioned in subsection 33 (4) of the Act, are the conditions set out in Schedule 9.”.
9.3 Subregulation 2.2 (6):
Omit “subparagraph 23 (1) (a) (ii)”, substitute “subparagraph 33 (1) (a) (ii)”.
9.4 Subregulation 2.2 (6):
Omit “a visa” (wherever occurring), substitute “an entry permit”.
10.1 Subregulation 2.4 (4):
Insert the following definitions:
“
(a) a formal educational qualification awarded by an Australian educational institution as an associate diploma for which:
(i) the entry level to the course leading to the qualification is satisfactory completion of year 12 in the Australian school system or of equivalent schooling; and
(ii) 2 years of full-time study, or the equivalent period of part-time study, is required; or
(b) a formal educational qualification that is of an equivalent standard awarded by an educational institution outside Australia;
‘degree’ means:
(a) a formal educational qualification awarded by an Australian educational institution as a degree or a postgraduate diploma for which:
(i) the entry level to the course leading to the qualification is:
(A) in the case of a bachelor’s degree—satisfactory completion of year 12 in the Australian school system or of equivalent schooling; and
(B) in the case of a master’s degree—satisfactory completion of a bachelor’s degree awarded at an Australian tertiary educational institution or of an equivalent award; and
(C) in the case of a doctoral degree—satisfactory completion of a bachelor’s degree awarded with honours, or a master’s degree, at an Australian tertiary educational institution or of an equivalent award; and
(D) in the case of a postgraduate diploma—satisfactory completion of a bachelor’s degree or diploma awarded at an Australian tertiary educational institution or of an equivalent award; and
(ii) in the case of a bachelor’s degree, not less than 3 years of full-time study, or the equivalent period of part-time study, is required; or
(b) a formal educational qualification that is of an equivalent standard awarded by an educational institution outside Australia;
‘diploma’ means:(a) a formal educational qualification awarded by an Australian educational institution as a diploma for which:
(i) the entry level to the course leading to the qualification is satisfactory completion of year 12 in the Australian school system or of equivalent schooling; and
(ii) 3 years of full-time study, or the equivalent period of part-time study, is required; or
(b) a formal educational qualification that is of an equivalent standard awarded by an educational institution outside Australia;
(a) a formal educational qualification awarded by an Australian educational institution as a certificate or advanced certificate for which:
(i) in the case of a qualification that is an advanced certificate—the entry level to the course leading to the qualification is completion of year 10 in the Australian school system or of equivalent schooling; and
(ii) in any case—for which 1 year of full-time study, or the equivalent period of part-time study, is required; or
(b) a formal educational qualification that is of an equivalent standard awarded by an educational institution outside Australia;
(a) an Australian trade qualification obtained as a result of the completion of 4 years of an indentured apprenticeship that involves:
(i) part-time formal training at a technical college or a college of technical and further education; and
(ii) employment within the meaning of:
(A) an industrial award under a law of the Commonwealth or of a State or Territory; or
(B) a law of a State or Territory dealing with commercial or industrial training; or
(b) a qualification obtained outside Australia that is of an equivalent standard;”.
11.1 Paragraph 2.10 (a):
Omit “applicant”, substitute “person”.
11.2 Paragraph 2.10 (g):
Omit the paragraph, substitute:
“(g) the person satisfies the criteria specified in subclause 806.721 (6) in Chapter 1.2 of Schedule 2;”.
11.3 Paragraphs 2.10 (h) and (l):
Omit “applicant”, substitute “person”.
11.4 Add at the end:
“(m) the person is a person to whom paragraphs 820.721 (4) (a), (b), (c), (d) and (f) in Chapter 2.5 of Schedule 2 apply.”.
12.1 Add at the end:
Subsection 23 (5) of the Act does not apply to this regulation but this regulation ceases to have effect on 31 October 1993.”.
13.1 Subparagraph 2.16 (2) (b) (ii):
Omit the subparagraph.
13.2 After subregulation 2.16 (4), insert:
“(4A) An application for a visa of any class in Group 1.4 (resident return) also has effect, subject to the payment of the difference (if any) in the applicable fees, as an application for a visa of another class in that Group and for a Class 159 (resident return (F)) visa.
“(4B) Class 159 (resident return (F)) visa also has effect, subject to the payment of the difference (if any) in the applicable fees, as an application for a visa of any class in Group 1.4 (resident return).”.
14.1 Subregulation 2.18 (2):
Omit “the relevant class of visa.”, substitute “that condition.”.
15.1 Paragraph 2.22 (2) (e):
Omit “or 2.36”.
16.1 Add at the end:
Subsection 33 (5) of the Act does not apply to this regulation but this regulation ceases to have effect on 31 October 1993.”.
17.1 After subregulation 2.29 (1), insert:
An application after entry for a permanent entry permit also has effect, subject to the payment of the difference (if any) in the applicable fees, as an application for a Class 154 (resident return (A) visa.
An application for an entry permit of any of the following classes also has effect as an application for a Class 829 (processing (residence)) entry permit:
(a) a Class 801 (spouse (after entry));
(b) a Class 802 (child) (after entry);
(c) a Class 804 (aged parent) (after entry);
(d) a Class 805 (skilled occupation);
(e) a Class 806 (family and other close ties) (after entry);
(f) a Class 812 (December 1989 (permanent));
(g) a Class 820 (extended eligibility (spouse));
(h) a Class 826 (extended eligibility (interdependency)).”.
18.1 Subregulation 2.33 (2):
Omit “the relevant class of temporary entry permit.”, substitute “that condition.”.
19.1 After Part 2, insert:
“2A.1 (1) In this Part:
“2A.2 (1) A refugee status application must be made in accordance with the approved form.
“(2) Subject to regulation 2A.3, an application may be lodged at any office of Immigration in Australia by:
posting it to that office; or
(b) leaving it with an authorised officer at that office.
“2A.3 (1) Arefugee status application by a person who is in custody under the Act must be lodged at an office of Immigration by leaving it with an authorised officer at that office.
A person lodging a refugee status application in accordance with subregulation (1) must, on the day on which the application is lodged, give to an officer of Immigration appointed by the Secretary to be a custody review officer in the relevant State or Territory notice in writing specifying:
(a) the nature of the application and the name of the person in respect of whom it was lodged; and
(b) the office at which, and the day on which, it was lodged; and
(c) the name of the officer with whom it was lodged.
For the purposes of subregulation (1), an office occupied by an officer of Immigration at an airport or a detention centre, or in an area nominated by the Minister under section 54a of the Act, is to be taken to be an office of Immigration.
“2A.4 (1) An applicant must notify Immigration of a material change in the applicant’s circumstances within 5 working days of the change.
For the purposes of subregulation (1), material changes in an applicant’s circumstances include (but are not limited to) the following:
(a) change of address;
(b) changes in personal circumstances, including, in particular, the following:
(i) marriage;
(ii) birth of a child;
(iii) grant of a visa or entry permit;
(iv) the arrival in Australia of any other family members;
(c) preparation to leave Australia, whether permanently or temporarily.
This regulation has effect despite any other provision of these Regulations relating to requests by Immigration for information or to the interviewing of the applicant.
“2A.5 A refugee status application made by a person who has arrived in, but not entered, Australia also has effect as an application before entry for a Class 784 (domestic protection (temporary)) visa and entry permit.
“2A.6 (1) The Minister may decide that an applicant should be interviewed before the refugee status application is decided.
If the Minister:
(a) requests an applicant in custody:
(i) to comment on matters adverse to the refugee status application; or
(ii) to provide further information in support of the application;
the Minister must not decide the application less than 3 working days after service of the request on the applicant; and
(b) requests an applicant who is not in custody:
(i) to comment on matters adverse to the refugee status application; or
(ii) to provide further information in support of the application;
the Minister must not decide the application less than:
(iii) in the case of an oral request—5 working days after service of the request on the applicant; and
(iv) in the case of a written request—15 working days after service of the request on the applicant.
“2A.7 In this Division, unless the contrary intention appears:
“2A.8 A person whose refugee status application has been refused may apply to the Minister to review the decision to refuse the application.
“2A.9 An application for review must be:
(a) lodged:
(i) in the case of an applicant in custody—within 7 days; and
(ii) in the case of an applicant who is not in custody—within 28 days;
of the applicant being served with notice of refusal of the application; and
(b) lodged at any office of Immigration in Australia by:
(i) posting it to that office; or
(ii) leaving it at that office with an authorised officer.
“2A.10 (1) The Minister may decide that an applicant for review should be interviewed before the application is decided.
If the Minister:
(a) requests the applicant to comment on matters adverse to the application for review; or
(b) requests the applicant to provide further information in support of the application;
the Minister must not decide the application less than:
(c) in the case of a request made to an applicant in custody—5 working days after the request is served on the applicant; and
(d) in the case of a request made to an applicant who is not in custody—15 working days after the request is served on the applicant.
“2A.11 (1) If the Minister decides to refuse a refugee status application or an application for review, the Minister must, in accordance with subregulation (2), give notice of the decision to the applicant.
Notice must be given by:
(a) posting the notice to the person at the person’s latest address for service provided in the refugee status application or application for review; or
(b) posting the notice to the person at the person’s residential address provided in the application; or
(c) giving the notice:
(i) to the person personally; or
(ii) to another person duly authorised to receive documents on behalf of the person; or
(d) leaving the notice at the last known place of business or residence of the person with another person who is apparently:
(i) employed at, or an occupant of, that place; and
(ii) not less than 16 years of age.
“2A.12 If notice is given by post to a person in accordance with paragraph 2A.11 (2) (a) or (b), service is taken to have been effected if the person is in Australia—at the end of 5 working days after the day of posting.”.
20.1 After regulation 3.1, insert:
“3.1A. (1) A person who travels, or appears to intend to travel, on an aircraft that is operated by an international air carrier within the meaning of subsection 181 (5) of the Act, from an airport in Australia to another airport in Australia without landing at an airport outside Australia may be required by an officer at either airport or both airports to provide evidence of his or her identity to the officer by producing:
(a) a passport issued to the person that is in the form in which it was issued; or
(b) a document described in subregulation (2) that:
(i) bears the signature or a photograph of the person, or both; and
(ii) is in force.
For the purposes of paragraph (1) (b), the following documents are described:
(a) an aviation security identity card issued by the operator of the aircraft or by the operator of an airport in Australia;
(b) a licence to drive a motor vehicle issued under a law of the Commonwealth or of a State or Territory;
(c) a card that identifies the person as:
(i) an officer or employee of the Commonwealth or of a State or Territory, or of a Commonwealth, State or Territory authority; or
(ii) the holder of an office under the law of the Commonwealth or of a State or Territory;
(d) a document issued by the Commonwealth, or by a State or Territory, or by a Commonwealth, State or Territory authority, that identifies the person as being entitled to receive payments as a beneficiary from the government or authority concerned;
(e) a card issued by the Australian Telecommunications Corporation or OTC Limited on or after 1 November 1991;
(f) a card issued by any of the following bodies:
(i) Aerospace Technologies of Australia Pty Ltd;
(ii) Australian National Line Ltd;
(iii) Commonwealth Serum Laboratories Ltd;
(iv) the Australian and Overseas Telecommunications Corporation;
(v) the Australian National Railways Commission;
(vi) the Australian Maritime Safety Authority;
(vii) the Australian Postal Corporation;
(viii) the Civil Aviation Authority;
(ix) the Defence Housing Authority;
(x) the Pipeline Authority;
(xi) the Snowy Mountains Hydro-Electricity Authority.
An officer may require a person to whom this
regulation applies to write on the pass issued to the person by the operator of
the aircraft that permits the person to board the aircraft (in this regulation
called a
(a) particulars of the document produced by the person to the officer under subregulation (1) that are sufficient to identify the document; and
(b) the signature of the person;
and give the boarding pass to the officer.
An officer may require a person who is travelling with a person:
(a) who has not turned 16 years of age; and
(b) in respect of whom a document cannot be produced to the officer as required;
to write on the boarding pass issued to the first-mentioned person the full name of the second-mentioned person.”.
21.1 Division 2 heading:
Omit “
22.1 Definition of “assurance of support”:
Omit “on or”.
23.1 After regulation 7.8, insert in Division 3:
“7.8A. For the purposes of paragraph 4 (5A) (b) of the Act, the following laws are prescribed:
(a) the following laws of the Commonwealth:
(i) the
Continental Shelf (Living Natural Resources) Act 1968 ;(ii) the Customs Acts within the meaning of the
Customs Act 1901 ;(iii) the
Fisheries Act 1952 ;(iv) the
Fisheries Management Act 1991 ;(v) the
Quarantine Act 1908 ;(vi) the
Torres Strait Fisheries Act 1984 ;(b) the following laws of Queensland:
(i) the
Fisheries Act 1976 ;(ii) the
Fishing Industry Organisation and Marketing Act 1982 ;(c) the
Fisheries Act 1905 of Western Australia.
“7.8B. For the purposes of paragraph 100B (b) of the Act, the following laws are prescribed:
(a) the following laws of the Commonwealth:
(i) the
Continental Shelf (Living Natural Resources) Act 1968 ;(ii) the
Fisheries Act 1952 ;(iii) the
Fisheries Management Act 1991 ;(iv) the
Torres Strait Fisheries Act 1984 ;(b) the following laws of Queensland:
(i) the
Fisheries Act 1976 ;(ii) the
Fishing Industry Organisation and Marketing Act 1982 ;(c) the
Fisheries Act 1905 of Western Australia.”.
24.1 Paragraph 7.17 (3) (d):
Omit “that prescribed offence”, substitute “that alleged carrier offence”.
24.2 Paragraphs 7.17 (7) (d) and (e):
Omit “alleged prescribed offence”, substitute “alleged carrier offence”.
24.3 Subregulation 7.17 (12):
Omit “prescribed”, substitute “carrier”.
24.4 Subregulation 7.17 (13):
Omit the subregulation.
25.1 Subparagraph 7.18 (f) (i):
Omit the subparagraph, substitute:
“(i) a Class 812 (December 1989 (permanent)) entry permit; or”.
25.2 Subparagraph 7.18 (f) (ii):
Omit “in Schedule 2”, substitute “in Chapter 1.2 of Schedule 2”.
26.1 Omit the regulation, substitute:
(1) In this regulation:
(a) the administration of nourishment and fluids; and
(b) treatment in a hospital.
The Secretary may authorise medical treatment to be given to a detainee if:
(a) the Secretary, acting in person and on the written advice of:
(i) a Commonwealth Medical Officer; or
(ii) another registered medical practitioner;
forms the opinion that:
(iii) that detainee needs medical treatment; and
(iv) if medical treatment is not given to that detainee, there will be a serious risk to his or her life or health; and
(b) that detainee fails to give, refuses to give, or is not reasonably capable of giving, consent to the medical treatment.
An authorisation by the Secretary under subregulation (2) is authority for the use of reasonable force (including the reasonable use of restraint and sedatives) for the purpose of giving medical treatment to a detainee.
A detainee to whom medical treatment is given under an authorisation under subregulation (2) is taken for all purposes to have consented to the treatment.
Medical treatment that is given under an authorisation under subregulation (2) must be given by, or in the presence of, a registered medical practitioner.
Nothing in this regulation authorises the Secretary to require a registered medical practitioner to act in a way contrary to the ethical, moral or religious convictions of that medical practitioner.”.
27.1 Omit the regulation.
28.1 Add at the end:
A criterion in a clause in a Part of Schedule 2 that approval of an application for a visa not result in the number of visas of a particular class or particular classes granted in a financial year exceeding the maximum number (as determined by Gazette Notice) of visas of that class or those classes that may be granted in a financial year has effect in relation to the financial year ending on 30 June 1993 as if:
(a) a reference in a notice under section 28A of the Act to a class of visas of a particular code number or particular code numbers provided for by the Migration (1989) Regulations were a reference to the corresponding class or classes of visas provided for by these Regulations; and
(b) the visas of a particular code number or particular code numbers provided for by the Migration (1989) Regulations that were granted in that financial year were visas of the corresponding class or classes provided for by these Regulations.”.
29.1 Items 1116 and 1117:
Omit the items, substitute:
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| 813 (Special equivalent
1989 (permanent)) |
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29.2 After item 1118, insert:
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29.3 Item 1204:
Omit the item, substitute:
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29.4 Item 1208:
Omit the item, substitute:
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29.5 Item 1304:
Omit the item, substitute:
| 208 (East Timorese in Portugal (special assistance)) |
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29.6 Item 1308:
Omit the item, substitute:
| 210 (Minorities of former USSR (special assistance)) |
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29.7 Heading to Part 2:
Omit the heading, substitute:
“PART 2—TEMPORARY VISAS AND ENTRY PERMITS
Division 2.1—Group 2.1 (Temporary resident) ”.
29.8 Item 2103:
Omit the item, substitute:
| 427 (Domestic worker (overseas executive)) |
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29.9 Item 2126:
Omit the item, substitute:
| 417 (Working holiday) |
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29.10 Division 2.2 of Part 2:
Omit the Division, substitute:
“
| Column 2 Class number and title |
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| 560 (Student (category A)) |
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| 561 (Student (category B)) |
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29.11 Item 2602:
Omit the item, substitute:
| 784 (Domestic protection (temporary)) |
|
29.12 After item 2604, insert:
| 827 (Refugee
(transitional)) |
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30.1 Note to heading to Schedule 2:
Omit the note, substitute:
“[
CHAPTER 1.1—MIGRANT VISAS AND ENTRY PERMITS ”.
30.2 Paragraph 100.322 (1) (a):
Omit “or:”, substitute “or”.
30.3 Paragraph 100.322 (1) (b):
Omit the paragraph, substitute:
“(b) if the applicant’s spouse has not turned 18—by a parent or guardian of that spouse who:
(i) has turned 18; and
(ii) is an Australian citizen or an Australian permanent resident.”.
30.4 Paragraph 100.322 (2) (a):
Omit “or:”, substitute “or”.
30.5 Paragraph 100.322 (2) (b):
Omit the paragraph, substitute:
“(b) if the applicant’s intended spouse has not turned 18—by a parent or guardian of that intended spouse who:
(i) has turned 18; and
(ii) is an Australian citizen or an Australian permanent resident.”.
30.6 Clause 100.331:
Omit “clause 100.321”, substitute “clause 100.322”.
30.7 Paragraphs 101.321 (a), (b) and (c):
Omit the paragraphs, substitute:
“(a) either:
(i) the natural child of an Australian citizen or an Australian permanent resident; or
(ii) a child who was adopted overseas by a person who, when the applicant was adopted, was not an Australian citizen or Australian permanent resident, but who subsequently became an Australian citizen or Australian permanent resident; and
(b) a dependent child of the Australian citizen or Australian permanent resident referred to in subparagraph (a) (i) or (ii).”.
30.8 Clause 102.331:
Omit “clause 102.321”, substitute “clause 102.322”.
30.9 Paragraph 103.322 (3) (c):
Omit all the words before subparagraph (i), substitute:
“(c) if the child has a cohabiting spouse but the spouse has not turned 18—a person who:”.
30.10 Clause 103.331:
Omit “paragraph 103.321 (b)”, substitute “clause 103.322”.
30.11 Subparagraph 104.321 (2) (b) (i):
Omit the subparagraph, substitute:
“(i) if the Australian relative has turned 18 and is a settled Australian citizen or a settled Australian permanent resident—by the Australian relative; or”.
30.12 Subparagraph 104.321 (3) (b) (i):
Omit the subparagraph, substitute:
“(i) if the Australian relative has turned 18—by the Australian relative; or”.
30.13 Clause 105.338:
Omit the clause, substitute:
“105.338 Approval of the application would not result in either:
(a) the number of Class 105 visas granted in a financial year exceeding the maximum number of Class 105 visas, as determined by Gazette Notice, that may be granted in that financial year; or
(b) the number of visas of particular classes (including Class 105) granted in a financial year exceeding the maximum number of visas of those classes, as determined by Gazette Notice, that may be granted in that financial year.”.
30.14 Clause 126.332:
Omit the clause, substitute:
“126.332 Approval of the application would not result in either:
(a) the number of Class 126 visas granted in a financial year exceeding the maximum number of Class 126 visas, as determined by Gazette Notice, that may be granted in that financial year; or
(b) the number of visas of particular classes (including Class 126) granted in a financial year exceeding the maximum number of visas of those classes, as determined by Gazette Notice, that may be granted in that financial year.”.
30.15 Clause 127.327:
Omit “a Class 127 entry visa”, substitute “a Class 127 entry permit”.
30.16 Clause 127.329:
Omit “a business skills visa or entry permit”, substitute “a Class 127 visa or entry permit”.
30.17 Clause 127.335:
Omit “, whether an applicant for a Class 127 visa or not,”, substitute “who is an applicant for a Class 127 visa”.
30.18 Clause 127.335:
Add at the end:
“(2) Each member of the family unit of the applicant who is not an applicant for a Class 127 visa is a person who:
(a) satisfies public interest criteria 4001 to 4004 and 4010; and
(b) satisfies public interest criteria 4005 and 4006, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to those criteria.”.
30.19 Clause 128.324:
Omit “a Class 128 entry visa”, substitute “a Class 128 entry permit”.
30.20 Clause 128.326:
Omit “a business skills visa or entry permit”, substitute “a Class 128 visa or entry permit”.
30.21 Clause 128.335:
Omit “, whether an applicant for a Class 128 visa or not,”, substitute “who is an applicant for a Class 128 visa”.
30.22 Clause 128.335:
Add at the end:
“(2) Each member of the family unit of the applicant who is not an applicant for a Class 128 visa is a person who:
(a) satisfies public interest criteria 4001 to 4004 and 4010; and
(b) satisfies public interest criteria 4005 and 4006, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to those criteria.”.
30.23 After Part 128, insert:
“
[
129.131 (1) In this Part:
(a) if there is applicable to the business or principal business by law an accounting period of 12 monthsÑthat period; or
(b) in any other caseÑa period of 12 months approved by the Minister in writing for that business or principal business.
For the purposes of this Part, a person is taken to have an interest in a business as the owner of that business if he or she has an interest in the business:
(a) as a proprietor; or
(b) as a shareholder; or
(c) of a kind that the Minister is satisfied is equivalent to the interest of a proprietor or shareholder.
129.211 A Class 129 visa may be:
(a) applied for, and granted to, a person only outside Australia; and
(b) granted either as a travel-only visa or as an entry visa.
129.221 Journey(s) to Australia: Multiple.
129.222 Time limits for use: As determined by the Minister in the particular case.
129.223 Operation as an entry permit (entry visa only): As per clause 129.521.
[
129.311 The application must be made in accordance with approved form 47, approved form 928, approved form 927, approved form 926 and approved form 950.
[
129.321 The applicant has an interest, as an owner, in a business or businesses.
129.322 (1) The applicant has overall had a successful business career.
In any 3 fiscal years in the 4 fiscal years immediately preceding the making of the application, the net assets of:
(a) the applicant; or
(b) the applicant and his or her spouse together;
in a business or businesses were not less than the equivalent of AUD 200,000 in each of those years.
129.323 In any 3 fiscal years in the 4 fiscal years immediately preceding the making of the application, the applicant, as the owner of an interest in his or her principal business, maintained direct and continuous involvement in management of that business from day to day and in making decisions that affected the overall direction and performance of that business.
129.324 The applicantÕs principal business did not make a trading loss in more than 1 of the 4 fiscal years immediately preceding the making of the application.
129.325 If the applicant was engaged, for 3 or more of the 4 fiscal years immediately preceding the making of the application, in a business providing professional, technical or trade services, the applicant was directly engaged in the provision of the services, as distinct from the general direction of the operation of the business, for no more than half the time spent by the applicant from day to day in the conduct of the business.
129.326 (1) The applicant has notified the appropriate regional authority of:
(a) the applicantÕs business history; and
(b) the applicantÕs intention to develop a business in the State or Territory.
The applicant submits an approved form 950 from an appropriate regional authority stating that the authority will consider sponsoring the applicant.
The approved form 950 must:
(a) be signed by an officer of the appropriate regional authority who is authorised to sign those forms; and
(b) bear the seal of the authority.
129.327 The applicant genuinely has a realistic commitment, after entry to Australia as the holder of a Class 129 entry permit:
(a) to either:
(i) establish in Australia a business that will benefit the Australian economy; or
(ii) participate as the owner of, or a shareholder in, an existing business in Australia; and
(b) to maintain direct and continuous involvement in management of that business from day to day and in making decisions that affect the overall direction and performance of the business;
in a manner that benefits the Australian economy.
129.328 The applicant does not have a history of involvement in business activities that are of a nature that is not generally acceptable in Australia.
129.329 The applicant signs a declaration in a form approved by the Minister that the applicant acknowledges the GovernmentÕs requirements in relation to entry to Australia as the holder of a Class 129 visa or entry permit.
129.331 The applicant continues to satisfy the criteria specified in clauses 129.321 to 129.328.
129.332 (1) The applicantÕs score on the business skills points test is not less than the number of points that is specified for the purposes of this paragraph by Gazette Notice.
For the purposes of subclause (1):
(a) an applicantÕs score on the business skills points test is the sum of the applicantÕs scores under:
(i) Division 1 of Part 1 of Schedule 8; and
(ii) Parts 2, 3, 4 and 5 of that Schedule; and
(b) an applicantÕs score under a Division or Part of Schedule 8 is the number of points specified in that Division or Part in relation to the attribute described in the Division or Part that relates to the applicant:
(i) in the case of an attribute specified in Part 3 of Schedule 8Ñat the time when the application is decided; and
(ii) in the case of any other attributeÑat the time when the application is made;
and if there is more than 1 attribute of that kind, the highest single number of points so specified; and
(c) in determining the score of an applicant under Part 4 of Schedule 8, only assets available for transfer, and capable of being transferred, to Australia within 2 years after the date of the issue to the applicant of a Class 129 visa are to be taken into account.
129.333 The applicant satisfies public interest criteria 4001 to 4006, 4009 and 4010.
129.334 If the applicant has previously been in Australia, the applicant meets special re-entry criteria 5001, 5003, 5005, 5007, 5009, 5010 and 5011.
129.335 (1) Each member of the family unit of an applicant who is an applicant for a Class 129 visa is a person who:
(a) satisfies public interest criteria 4001 to 4004 and 4009; and
(b) satisfies public interest criteria 4005 and 4006, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to those criteria; and
(c) if the person has previously been in Australia, meets special re-entry criteria 5001, 5003, 5005, 5007, 5009, 5010 and 5011.
(2) Each member of the family unit of the applicant who is not an applicant for a Class 129 visa is a person who:
(a) satisfies public interest criteria 4001 to 4004 and 4010; and
(b) satisfies public interest criteria 4005 and 4006, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to those criteria.
129.336 If:
(a) either:
(i) the family unit of the applicant includes a dependent child who is an applicant, as a secondary person, for a Class 129 visa; or
(ii) a child who:
(a) is usually resident with the applicant; and
(b) has not turned 18;
is an applicant, as a secondary person, for a Class 129 visa; and
(b) the applicant is the relevant primary person in relation to that application;
the Minister is satisfied that the grant of the visa to the child would not prejudice the rights and interests of any other person who has custody or guardianship of, or access to, the child.
129.337 (1) The applicant has the written sponsorship on approved form 949 of an appropriate regional authority.
The sponsorship must:
(a) be given by the appropriate regional authority by which the approved form 950 was given to the applicant; and
(b) be signed by an officer of the authority who is authorised to sign approved forms 949; and
(c) bear the seal of the appropriate regional authority; and
(d) be lodged by the applicant within 90 days of the date on which lodgment of the approved form 949 is requested by the Department; and
(e) be the first approved form 949 lodged by the applicant for the purposes of his or her application.
129.341 Mandatory conditions: Nil.
129.342 Discretionary conditions: Any applicable conditions set out in Schedule 9.
[
129.511 A Class 129 entry permit may be applied for by, and granted to, a primary person only:
(a) at the Entry Control Point; and
(b) if the person is the holder, as a primary person, of a Class 129 visa that was granted as a travel-only visa.
129.521 The entry permit has effect without limitation as to time.
129.811 Before entry (only): $1,600.
129.821 Before entry (only): Nil.
[
130.131 In this Part:
(a) if there is applicable to the major business by law an accounting period of 12 monthsÑthat period; or
(b) in any other caseÑsuch period of 12 months as the Minister approves in writing for that major business;
130.211 A Class 130 visa may be:
(a) applied for, and granted to, a person only outside Australia; and
(b) granted either as a travel-only visa or as an entry visa.
130.221 Journeys to Australia: Multiple.
130.222 Time limits for use: As determined by the Minister in the particular case.
130.223 Operation as an entry permit (entry visa only): As per clause 130.521.
[
130.311 The application must be made in accordance with approved form 47, approved form 928, approved form 927, approved form 926 and approved form 950.
[
130.321 The applicant has overall had a successful business career.
130.322 In any 3 of the 4 years immediately preceding the making of the application, the applicant:
(a) occupied a position in the 3 highest levels of the management structure of a major business; and
(b) was responsible for strategic policy development affecting a major component or a wide range of the operations of that major business;
in each of those years.
130.323 (1) The applicant has notified an appropriate regional authority of:
(a) the applicantÕs business history; and
(b) the applicantÕs intention to develop a business in the State or Territory.
The applicant submits an approved form 950 from the appropriate regional authority stating that the authority will consider sponsoring the applicant.
The approved form 950 must:
(a) be signed by an officer of the appropriate regional authority who is authorised to sign those forms; and
(b) bear the seal of the authority.
130.324 The applicant genuinely has a realistic commitment, after entry to Australia as the holder of a Class 130 entry permit:
(a) either:
(i) to establish in Australia a business that will benefit the Australian economy; or
(ii) to participate as a proprietor of, or shareholder in, an existing business in Australia; and
(b) to maintain direct and continuous involvement in management of that business from day to day and in making decisions that affect the overall direction and performance of the business;
in a manner that benefits the Australian economy.
130.325 The applicant does not have a history of involvement in business activities that are of a nature that is not generally acceptable in Australia.
130.326 The applicant signs a declaration in a form approved by the Minister that the applicant acknowledges the GovernmentÕs requirements in relation to entry to Australia as the holder of a Class 130 visa or entry permit.
130.331 The applicant continues to satisfy the criteria specified in clauses 130.321 to 130.325.
130.332 (1) The applicantÕs score on the business skills points test is not less than the number of points that is specified for the purposes of this clause by Gazette Notice.
For the purposes of subclause (1):
(a) an applicantÕs score on the business skills points test is the sum of the applicantÕs scores under:
(i) Division 2 of Part 1 of Schedule 8; and
(ii) Parts 2, 3 and 4 of that Schedule; and
(b) an applicantÕs score under a Division or Part of Schedule 8 is the number of points specified in that Division or Part in relation to the attribute described in the Division or Part that relates to the applicant:
(i) in the case of an attribute specified in Part 3 of Schedule 8Ñat the time when the application is decided; and
(ii) in the case of any other attributeÑat the time when the application is made;
and if there is more than 1 attribute of that kind, the highest single number of points so specified; and
(c) in determining the score of an applicant under Part 4 of Schedule 8, only assets available for transfer, and capable of being transferred, to Australia within 2 years after the date of the issue to the applicant of a Class 130 visa are to be taken into account.
130.333 The applicant satisfies public interest criteria 4001 to 4006, 4009 and 4010.
130.334 If the applicant has previously been in Australia, the applicant satisfies special re-entry criteria 5001, 5003, 5005, 5007, 5009, 5010 and 5011.
130.335 (1) Each member of the family unit of the applicant who is an applicant for a Class 130 visa is a person who:
(a) satisfies public interest criteria 4001 to 4004 and 4009; and
(b) satisfies public interest criteria 4005 and 4006, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to those criteria; and
(c) if the person has previously been in Australia, satisfies special re-entry criteria 5001, 5003, 5005, 5007, 5009, 5010 and 5011.
(2) Each member of the family unit of the applicant who is not an applicant for a Class 130 visa is a person who:
(a) satisfies public interest criteria 4001 to 4004 and 4010; and
(b) satisfies public interest criteria 4005 and 4006, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to those criteria.
130.336 If:
(a) either:
(i) the family unit of the applicant includes a dependent child who is an applicant, as a secondary person, for a Class 130 visa; or
(ii) a child who:
(a) is usually resident with the applicant; and
(b) has not turned 18;
is an applicant, as a secondary person, for a Class 130 visa; and
(b) the applicant is the relevant primary person in relation to that application;
the Minister is satisfied that the grant of the visa to the child would not prejudice the rights and interests of any other person who has custody or guardianship of, or access to, the child.
130.337 (1) The applicant has the written sponsorship on approved form 949 of an appropriate regional authority.
The sponsorship must:
(a) be given by the appropriate regional authority by which the approved form 950 was given to the applicant; and
(b) be signed by an officer of the authority who is authorised to sign approved forms 949; and
(c) bear the seal of the appropriate regional authority; and
(d) be lodged by the applicant within 90 days of the date on which lodgment of the approved form 949 is requested by the Department; and
(e) be the first approved form 949 lodged by the applicant for the purposes of his or her application.
130.341 Mandatory conditions: Nil.
130.342 Discretionary conditions: Any applicable conditions set out in Schedule 9.
[
130.511 A Class 130 entry permit may be applied for by, and granted to, a primary person only:
(a) at the Entry Control Point; and
(b) if the person is the holder, as a primary person of a Class 130 visa that was granted as a travel-only visa.
130.521 The entry permit has effect without limitation as to time.
130.811 Before entry (only): $1,600.
130.821 Before entry (only): Nil.”.
30.24 After clause 150.334, insert:
“150.335 If so requested by the Minister, an assurance of support in relation to the applicant has been given, and has been accepted by the Minister.”.
30.25 Part 800 heading:
Omit the heading, substitute:
“
PART 800—CLASS 800 (TERRITORIAL ASYLUM) ENTRY PERMIT
30.26 Subclause 801.732 (1):
Omit the subclause, substitute:
“(1) The applicant meets the requirements of subclause (2), (3), (4), (5), (6), (7), (7A), (8), (9) or (10).”.
30.27 Subclause 801.732 (4):
Omit “subclause 820.721 (3)”, substitute “820.731 (3)”.
30.28 After subclause 801.732 (7), insert:
“(7A) An applicant meets the requirements of this subclause if:
(a) the applicant is the holder of a Class 300 (prospective marriage) entry permit; and
(b) the applicant married the Australian citizen or Australian permanent resident whom the applicant entered Australia to marry and the marital relationship genuinely continued until the death of the applicant’s spouse; and
(c) the applicant satisfies the Minister that the marital relationship was genuine and would have continued if his or her spouse had not died; and
(d) the applicant has developed close business, cultural or personal ties in Australia.”.
30.29 Paragraph 801.732 (8) (b):
the paragraph, substitute:
“(b) the applicant married the Australian citizen or Australian permanent resident whom the applicant entered Australia to marry and the marital relationship was genuine; and
(ba) the applicant satisfies the Minister that the marital relationship referred to in paragraph (b) was genuine and would have continued to be genuine had it not ceased; and”.
30.30 Paragraph 801.732 (10) (b):
Omit the paragraph, substitute:
“(b) the applicant is a dependent child of a person who:
(i) satisfies the requirements set out in subclause (7), (7A) or (8); and
(ii) is the holder of a Class 801 entry permit; and”.
30.31 Subclause 801.732 (11):
Omit “paragraph 2 (d)”, substitute “paragraph (2) (d)”.
30.32 Subclause 801.733 (2):
Omit the subclause, substitute:
“(2) Subclause (1) does not apply to an applicant who:
(a) satisfies the requirements set out in subclause 801.732 (7), (7A), (8) or (10); or
(b) holds a Class 820 (extended eligibility (spouse)) entry permit granted on the basis that the applicant satisfied the requirements set out in:
(i) subclause 820.721 (3), (4) or (5); or
(ii) subclause 820.721 (6) as the dependent child:
(A) of a primary person who satisfied the requirements set out in subclause 820.721 (3), (4) or (5); and
(B) who entered Australia as the holder, as a secondary person, of a visa or entry permit of the same class as the visa or entry permit held by that primary person.”.
30.33 Subclause 801.735 (3):
Omit the subclause, substitute:
“(3) Subclause (1) does not apply to an applicant who:
(a) satisfies the requirements set out in subclause 801.732 (9) as the holder of a Class 820 (extended eligibility (spouse)) entry permit granted on the basis that the applicant was the dependent child:
(i) of a primary person who satisfied the requirements set out in subclause 820.721 (3), (4) or (5); and
(ii) who entered Australia as the holder, as a secondary person, of a visa or entry permit of the same class as the visa or entry permit held by that primary person; or
(b) satisfies the requirements set out in subclause 801.732 (10).”.
30.34 Division 801.8:
Omit “
802.82 ”, substitute “801.82 ”.
30.35 Paragraph 801.821 (b):
Omit the paragraph, substitute:
“(b) application by the holder of a Class 300 (prospective marriage) entry permit authorising a stay in Australia for 6 months: $370.”.
30.36 Subdivision 804.73:
Omit the subdivision, substitute:
“
804.731 The applicant is an aged parent of the Australian citizen or Australian permanent resident referred to in clause 804.721.
804.732 The applicant continues to satisfy the criterion specified in clause 804.721.
804.733 The applicant satisfies the balance of family test in regulation 1.5.
804.734 The applicant is the holder of a section 47 temporary entry permit.
804.735 The applicant satisfies public interest criteria 4001 to 4006, 4009 and 4010.
804.736 An assurance of support in relation to the applicant has been given, and has been accepted by the Minister.
[
804.737 (1) Each person who is a member of the family unit of the applicant who is an applicant for a Class 804 entry permit satisfies public interest criteria 4001 to 4006, 4009 and 4010.
Each person who is a member of the family unit of the applicant who is not an applicant for a Class 804 entry permit satisfies:
(a) public interest criteria 4001 to 4004; and
(b) public interest criteria 4005 and 4006, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to those criteria.
804.738 If:
(a) either:
(i) the family unit of the applicant includes a dependent child who is an applicant, as a secondary person, for a Class 804 entry permit; or
(ii) a child who:
(a) is usually resident with the applicant; and
(b) has not turned 18;
is an applicant, as a secondary person, for a Class 804 entry permit; and
(b) the applicant is the relevant primary person in relation to that application;
the Minister is satisfied that the grant of the entry permit to the child would not prejudice the rights and interests of any other person who has custody or guardianship of, or access to, the child.
804.739 The Minister is satisfied that the grant of the entry permit would not prejudice the rights of any person who has custody or guardianship of, or access to, a dependent child of the applicant.”.
30.37 Clause 806.731 (4) note:
Omit the note, substitute:
“(5) An applicant meets the requirements of this subclause if:
(a) the applicant is an applicant referred to in clause 806.722; and
(b) the applicant satisfies public interest criteria 4001 to 4006, 4009 and 4010; and
(c) an assurance of support in relation to the applicant has been given, and accepted by, the Minister.
[
30.38 Subclause 806.732 (1):
Omit “and 4009”, substitute “, 4009 and 4010”.
30.39 Clause 810.721:
Omit the clause, substitute:
“810.721 The applicant is the holder of a refugee (temporary) (code number 438) entry permit granted under the Migration (1989) Regulations or of a Class 827 (refugee (transitional)) entry permit .”.
30.40 Subclause 814.732 (3):
Omit “subclause 826.731 (2)”, substitute “subclause 826.731 (3)”.
30.41 Part 200 heading:
Omit the heading, substitute:
“
PART 200—CLASS 200 (REFUGEE) VISA AND ENTRY PERMIT
30.42 Paragraph 200.332 (c):
Omit “applicant”, substitute “applicant’s”.
30.43 Clause 200.335:
Omit the clause, substitute:
“200.335 Approval of the application would not result in either:
(a) the number of Class 200 visas granted in a financial year exceeding the maximum number of Class 200 visas, as determined by Gazette Notice, that may be granted in that financial year; or
(b) the number of visas of particular classes (including Class 200) granted in a financial year exceeding the maximum number of visas of those classes, as determined by Gazette Notice, that may be granted in that financial year.”.
30.44 Clause 200.337:
Omit “and 5009”, substitute “, 5009 and 5010”.
30.45 Paragraph 200.339 (1) (b):
Omit “4005 and 4006”, substitute “4007 and 4008”.
30.46 Paragraph 200.339 (1) (c):
Omit “5003, 5005, 5007,”.
30.47 Paragraph 200.339 (2) (b):
Omit “4005 and 4006”, substitute “4007 and 4008”.
30.48 Clause 201.12:
Omit “
30.49 Paragraph 201.332 (c):
Omit “applicant”, substitute “applicant’s”.
30.50 Clause 201.335:
Omit the clause, substitute:
“201.335 Approval of the application would not result in either:
(a) the number of Class 201 visas granted in a financial year exceeding the maximum number of Class 201 visas, as determined by Gazette Notice, that may be granted in that financial year; or
(b) the number of visas of particular classes (including Class 201) granted in a financial year exceeding the maximum number of visas of those classes, as determined by Gazette Notice, that may be granted in that financial year.”.
30.51 Clause 201.337:
Omit “and 5009”, substitute “, 5009 and 5010”.
30.52 Paragraph 201.339 (1) (b):
Omit “4005 and 4006”, substitute “4007 and 4008”.
30.53 Paragraph 201.339 (1) (c):
Omit “5003, 5005, 5007,”.
30.54 Paragraph 201.339 (2) (b):
Omit “4005 and 4006”, substitute “4007 and 4008”.
30.55 Clause 202.336:
Omit the clause, substitute:
“202.336 Approval of the application would not result in either:
(a) the number of Class 202 visas granted in a financial year exceeding the maximum number of Class 202 visas, as determined by Gazette Notice, that may be granted in that financial year; or
(b) the number of visas of particular classes (including Class 202) granted in a financial year exceeding the maximum number of visas of those classes, as determined by Gazette Notice, that may be granted in that financial year.”.
30.56 Subclause 202.337 (2):
Omit “and 5009”, substitute “, 5009 and 5010”.
30.57 Paragraph 202.339 (1) (b):
Omit “4005 and 4006”, substitute “4007 and 4008”.
30.58 Paragraph 202.339 (1) (c):
Omit “5003, 5005, 5007,”.
30.59 Paragraph 202.339 (2) (b):
Omit “4005 and 4006”, substitute “4007 and 4008”.
30.60 Clause 203.335:
Omit the clause, substitute:
“203.335 Approval of the application would not result in either:
(a) the number of Class 203 visas granted in a financial year exceeding the maximum number of Class 203 visas, as determined by Gazette Notice, that may be granted in that financial year; or
(b) the number of visas of particular classes (including Class 203) granted in a financial year exceeding the maximum number of visas of those classes, as determined by Gazette Notice, that may be granted in that financial year.”.
30.61 Clause 203.337:
Omit “and 5009”, substitute “, 5009 and 5010”.
30.62 Paragraph 203.339 (1) (b):
Omit “4005 and 4006”, substitute “4007 and 4008”.
30.63 Paragraph 203.339 (1) (c):
Omit “5003, 5005, 5007,”.
30.64 Paragraph 203.339 (2) (b):
Omit “4005 and 4006”, substitute “4007 and 4008”.
30.65 Clause 204.321:
Omit the clause, substitute:
“204.321 The applicant is a female person who is:
(a) subject to persecution; or
(b) registered as being of concern to the United Nations High Commissioner for Refugees.”.
30.66 Clause 204.335:
Omit the clause, substitute:
“204.335 Approval of the application would not result in either:
(a) the number of Class 204 visas granted in a financial year exceeding the maximum number of Class 204 visas, as determined by Gazette Notice, that may be granted in that financial year; or
(b) the number of visas of particular classes (including Class 204) granted in a financial year exceeding the maximum number of visas of those classes, as determined by Gazette Notice, that may be granted in that financial year.”.
30.67 Clause 204.337:
Omit “and 5009”, substitute “, 5009 and 5010”.
30.68 Paragraph 204.339 (1) (b):
Omit “4005 and 4006”, substitute “4007 and 4008”.
30.69 Paragraph 204.339 (1) (c):
Omit “5003, 5005, 5007,”.
30.70 Paragraph 204.339 (2) (b):
Omit “4005 and 4006”, substitute “4007 and 4008”.
30.71 Clause 205.332:
Omit the clause, substitute:
“205.332 Approval of the application would not result in either:
(a) the number of Class 205 visas granted in a financial year exceeding the maximum number of Class 205 visas, as determined by Gazette Notice, that may be granted in that financial year; or
(b) the number of visas of particular classes (including Class 205) granted in a financial year exceeding the maximum number of visas of those classes, as determined by Gazette Notice, that may be granted in that financial year.”.
30.72 Clause 205.334:
Omit “and 5009”, substitute “, 5009 and 5010”.
30.73 Paragraph 205.336 (1) (b):
Omit “4005 and 4006”, substitute “4007 and 4008”.
30.74 Paragraph 205.336 (2) (b):
Omit “4005 and 4006”, substitute “4007 and 4008”.
30.75 Part 208:
Omit “
30.76 Paragraph 208.321 (c) (first occurring):
Omit the paragraph, substitute:
“(b) was living in Portugal on 30 April 1991; and”.
30.77 Clause 208.332:
Omit the clause, substitute:
“208.332 Approval of the application would not result in either:
(a) the number of Class 208 visas granted in a financial year exceeding the maximum number of Class 208 visas, as determined by Gazette Notice, that may be granted in that financial year; or
(b) the number of visas of particular classes (including Class 208) granted in a financial year exceeding the maximum number of visas of those classes, as determined by Gazette Notice, that may be granted in that financial year.”.
30.78 Subdivisions 208.4 and 208.7:
Omit “
30.79 Clause 209.333:
Omit the clause, substitute:
“209.333 Approval of the application would not result in either:
(a) the number of Class 209 visas granted in a financial year exceeding the maximum number of Class 209 visas, as determined by Gazette Notice, that may be granted in that financial year; or
(b) the number of visas of particular classes (including Class 209) granted in a financial year exceeding the maximum number of visas of those classes, as determined by Gazette Notice, that may be granted in that financial year.”.
30.80 Part 210:
Omit “
30.81 Clause 210.333:
Omit the clause, substitute:
“210.333 Approval of the application would not result in either:
(a) the number of Class 210 visas granted in a financial year exceeding the maximum number of Class 210 visas, as determined by Gazette Notice, that may be granted in that financial year; or
(b) the number of visas of particular classes (including Class 210) granted in a financial year exceeding the maximum number of visas of those classes, as determined by Gazette Notice, that may be granted in that financial year.”.
30.82 Subdivisions 210.4 and 210.7:
Omit “
30.83 Clause 211.323:
Omit “clause 211.325”, substitute “clause 211.322”.
30.84 Clause 212.334:
Omit the clause, substitute:
“212.334 Approval of the application would not result in either:
(a) the number of Class 212 visas granted in a financial year exceeding the maximum number of Class 212 visas, as determined by Gazette Notice, that may be granted in that financial year; or
(b) the number of visas of particular classes (including Class 212) granted in a financial year exceeding the maximum number of visas of those classes, as determined by Gazette Notice, that may be granted in that financial year.”.
30.85 Part 154 heading:
Omit the heading, substitute:
“
30.86 Subdivision 154.32:
Omit the Subdivision, substitute:
“
(1) The applicant meets the requirements of subclause (2) or (3).
If the applicant has previously entered Australia:
(a) the applicant, immediately before last leaving Australia, was the holder of a permanent entry permit; and
(b) the application is made not later than 3 years after the earlier of:
(i) the date on which the applicant entered Australia under the permanent entry permit; or
(ii) the date on which the permanent entry permit was granted to the applicant.
If the applicant has not entered Australia, he or she is the holder of a Group 1.1 (migrant) visa that is in force.
154.322 The applicant has not previously been the holder of a Class 154 visa.”.
30.87 Subclause 154.411 (2):
After “An application”, insert “for a Class 154 visa”.
30.88 Subdivision 154.42:
Omit the subdivision, substitute:
“
30.89 Subdivision 154.43:
Omit the subdivision, substitute:
“
154.431 The applicant is the holder of a permanent entry permit.
154.432 The applicant has not previously been the holder of a Class 154 visa.
154.433 The application was made not later than 3 years after the earlier of:
(a) the date on which the applicant entered Australia under the permanent entry permit; or
(b) the date on which the permanent entry permit was granted to the applicant.”.
30.90 Subclause 155.411 (2):
After “An application”, insert “for a Class 155 visa”.
30.91 Subclause 156.411 (2):
After “An application”, insert “for a Class 156 visa”.
30.92 Subclause 157.411 (2):
After “An application”, insert “for a Class 157 visa”.
30.93 Part 303 heading:
Omit the heading, substitute:
“
PART 303—CLASS 303 (EMERGENCY (TEMPORARY ENTRY)) VISA AND ENTRY PERMIT
30.94 Paragraph 305.321 (2) (c):
Omit the paragraph, substitute:
“(c) the sponsor is not a member of the family unit, or otherwise a relative, of the applicant; and”.
30.95 Paragraph 305.321 (2) (f):
Omit “paragraph (b)”, substitute “paragraph (d)”.
30.96 Subclause 305.321 (3):
Omit “subparagraph (2) (d) (ii)”, substitute “subparagraph (2) (f) (ii)”.
30.97 Paragraph 305.331 (2) (b):
Omit “paragraph 305.321 (2) (d)”, substitute “paragraph 305.321 (2) (e)”.
30.98 Subclause 305.334 (1):
Omit “4005”, substitute “4004”.
30.99 Subclause 305.334 (2):
Omit the subclause, substitute:
“(2) Each dependent child (if any) of the applicant who is not an applicant for a Class 305 visa satisfies public interest criteria:
(a) 4001 to 4004; and
(b) 4007 and 4008, unless the Minister is satisfied that it would be unreasonable to require that child to undergo assessment in relation to those criteria.”.
30.100 Clause 417.335:
Omit the clause, substitute:
“417.335 Approval of the application would not result in either:
(a) the number of Class 417 visas granted in a financial year exceeding the maximum number of Class 417 visas, as determined by Gazette Notice, that may be granted in that financial year; or
(b) the number of visas of particular classes (including Class 417) granted in a financial year exceeding the maximum number of visas of those classes, as determined by Gazette Notice, that may be granted in that financial year.”.
30.101 Subparagraph 421.321 (4) (c) (ii):
Omit the subparagraph, substitute:
“(ii) that the sponsor has good financial and professional status in Australia; and”.
30.102 Subparagraph 421.321 (4) (c) (iv):
Omit “and the sponsor provides complete financial support for the applicant and any accompanying members of the applicant’s family”.
30.103 Subclause 421.822 (1):
Omit “Subject to subclause (2), the”, substitute “The”.
30.104 Subclause 421.822 (2):
Omit the subclause.
30.105 Clause 424.322:
Omit “as”.
30.106 Clause 424.725:
Omit “If the application in”, substitute “If the application is in”.
30.107 Clauses 426.341, 426.441 and 426.741:
Omit “and 9219”, substitute “, 9216 and 9219”.
30.108 Clauses 427.341, 427.441 and 427.741:
Omit “and 9220”, substitute “, 9216 and 9220”.
30.109 Subparagraphs 303.421 (2) (a) (ii), 304.421 (2) (a) (ii), 410.421 (2) (a) (ii), 411.421 (2) (a) (ii), 412.421 (2) (a) (ii), 413.421 (2) (a) (ii), 414.421 (2) (a) (ii), 415.421 (2) (a) (ii), 416.421 (2) (a) (ii), 417.421 (2) (a) (ii), 418.421 (2) (a) (ii), 419.421 (2) (a) (ii), 420.421 (2) (a) (ii), 421.421 (2) (a) (ii), 422.421 (2) (a) (ii), 423.421 (2) (a) (ii), 424.421 (2) (a) (ii), 425.421 (2) (a) (ii), 426.421 (2) (a) (ii), 427.421 (2) (a) (ii), 428.421 (2) (a) (ii), 430.421 (2) (a) (ii) and 432.421 (2) (a) (ii):
Omit “not later than”, substitute “on or after”.
30.110 Subclause 442.421 (2):
Omit the subclause, substitute:
“(2) An applicant meets the requirements of this subclause if:
(a) the applicant is:
(i) the holder, as a primary person, of a Class 442 entry permit; or
(ii) the holder of a trainee (non-formal course) (code number 555) entry permit granted before 1 February 1991 for the purpose of entry as a trainee; and
(b) that entry permit was granted for a period ending on or after the day by which, according to the application, the applicant intends next to enter Australia; and
(c) the applicant has complied substantially with the conditions (if any) to which that entry permit is subject.”.
30.111 Clauses 410.721, 411.721, 412.721, 413.721, 414.721, 415.721, 416.721, 418.721, 419.721, 420.721, 421.721, 422.721, 423.721, 424.721, 425.721, 427.721, 428.721, 430.721, 432.721 and 442.721:
Omit paragraph (d), substitute:
“(d) an illegal entrant who:
(i) immediately before becoming an illegal entrant, was a person of a kind specified in paragraph (a); and
(ii) satisfies illegal entrant criteria 6001, 6002, 6005 and 6006; or
(e) an illegal entrant who:
(i) immediately before becoming an illegal entrant, was a person of a kind specified in paragraph (b) or (c); and
(ii) satisfies illegal entrant criteria 6001, 6002, 6004, 6005 and 6006.”.
30.112 After clause 442.732, insert:
“442.733 The applicant continues to satisfy the criteria specified in clauses 442.722 to 442.724.”.
30.113 Part 560 heading:
Omit the heading, substitute:
“
PART 560—CLASS 560 (STUDENT (CATEGORY A) ) VISA AND ENTRY PERMIT
30.114 Clause 560.321:
Add at the end:
“(2) Subclause (1) does not apply to an applicant to whom clause 560.334A refers.”.
30.115 Clause 560.334:
Omit the clause, substitute:
“560.334 (1) Subject to clause 560.334A, the Minister is satisfied that the applicant is a genuine applicant for entry as a student, having regard:
(a) to the financial ability of the applicant to undertake the course without contravening any terminating condition relating to the work that the applicant may engage in; and
(b) subject to subclauses (2) and (3), to the applicant’s comprehension of the English language for the purposes of the course; and
(c) to any other relevant matter.
If the Minister has regard to the applicant’s comprehension of the English language for the purposes of the applicant’s course, the Minister may require the applicant to undertake an English language test that is conducted by an agency other than Immigration.
If the applicant is required to undertake a test and does not undertake it, or does not pass it, the Minister must not grant the visa.
560.334A (1) Subclause 560.334 (1) does not apply to an applicant if:
(a) the applicant is a Burmese national; and
(b) the applicant’s enrolment in the course mentioned in clause 560.332 is enrolment as a student under a scholarship scheme or training program approved by AIDAB; and
(c) the Minister and the Foreign Minister have jointly determined that it is in the public interest that that applicant should enter Australia as a student.
No more than 10 Class 560 visas are to be granted to applicants of the kind referred to in subclause (1).
(3) Subclause (1) ceases to have effect on 30 June 1993.”.
30.116 Part 661 heading:
Omit the heading, substitute:
“
PART 661—CLASS 661 (TOURIST (SPECIAL ARRANGEMENTS)) VISA AND ENTRY PERMIT
30.117 Subdivision 661.32 note:
After “or entry”, insert “visa”.
30.118 Subdivision 680.32 note:
After “or entry”, insert “visa”.
30.119 Clause 680.333:
Omit “and 4011.”, substitute “, 4011 and 4012.”.
30.120 After clause 680.335, insert:
“680.336 The Minister is satisfied that the grant of the visa would not prejudice the rights and interests of any person who has custody or guardianship of, or access to, the applicant.”.
30.121 After clause 680.736, insert:
“680.737 The Minister is satisfied that the grant of the visa would not prejudice the rights and interests of any person who has custody or guardianship of, or access to, the applicant.”.
30.122 Clause 680.811:
Omit the clause, substitute:
“680.811 (1) Before or after entry: $30.
(2) The Minister may waive the fee on an application for a Class 680 visa by an applicant who applies to enter Australia as a representative of a foreign government.”.
30.123 Subdivision 682.32 note:
After “or entry”, insert “visa”.
30.124 Clause 682.333:
Omit “and 4011.”, substitute “, 4011 and 4012.”.
30.125 After clause 682.335, insert:
“682.336 The Minister is satisfied that the grant of the visa would not prejudice the rights and interests of any person who has custody or guardianship of, or access to, the applicant.”.
30.126 Clause 682.811:
Omit the clause, substitute:
“682.811 (1) Before or after entry: $30.
The Minister may waive the fee on an application for a Class 682 visa by an applicant who applies to enter Australia as a representative of a foreign government.”.
30.127 Subdivision 683.32 note:
After “or entry”, insert “visa”.
30.128 Clause 683.333:
Omit “and 4011.”, substitute “, 4011 and 4012.”.
30.129 After clause 683.335, insert:
“683.336 The Minister is satisfied that the grant of the visa would not prejudice the rights and interests of any person who has custody or guardianship of, or access to, the applicant.”.
30.130 After clause 683.736, insert:
“683.737 The Minister is satisfied that the grant of the visa would not prejudice the rights and interests of any person who has custody or guardianship of, or access to, the applicant.”.
30.131 Clause 683.811:
Omit the clause, substitute:
“683.811 (1) Before or after entry: $30.
The Minister may waive the fee on an application for a Class 683 visa by an applicant who applies to enter Australia as a representative of a foreign government.”.
30.132 Subdivision 684.32 note:
After “or entry”, insert “visa”.
30.133 Clause 684.333:
Omit “and 4011.”, substitute “, 4011 and 4012.”.
30.134 After clause 684.335, insert:
“684.336 The Minister is satisfied that the grant of the visa would not prejudice the rights and interests of any person who has custody or guardianship of, or access to, the applicant.”.
30.135 After clause 684.734, insert:
“684.735 The Minister is satisfied that the grant of the visa would not prejudice the rights and interests of any person who has custody or guardianship of, or access to, the applicant.”.
30.136 Clause 684.811:
Omit the clause, substitute:
“684.811 (1) Before or after entry: $30.
The Minister may waive the fee on an application for a Class 684 visa by an applicant who applies to enter Australia as a representative of a foreign government.”.
30.137 Subdivision 685.32 note:
After “or entry”, insert “visa”.
30.138 Clause 685.811:
Omit the clause, substitute:
“685.811 (1) Before or after entry: $30.
The Minister may waive the fee on an application for a Class 685 visa by an applicant who applies to enter Australia as a representative of a foreign government.”.
30.139 Part 670 heading:
Omit the heading, substitute:
“
30.140 Subdivision 670.32 note:
After “or entry”, insert “visa”.
30.141 Clause 670.333:
Omit “and 4011.”, substitute “, 4011 and 4012.”.
30.142 After clause 670.335, insert:
“670.336 The Minister is satisfied that the grant of the visa would not prejudice the rights and interests of any person who has custody or guardianship of, or access to, the applicant.”.
30.143 After clause 670.735, insert:
“670.736 The Minister is satisfied that the grant of the visa would not prejudice the rights and interests of any person who has custody or guardianship of, or access to, the applicant.”.
30.144 Clause 670.811:
Add at the end:
“(2) The Minister may waive the fee on an application for a Class 670 visa by an applicant who applies to enter Australia as a representative of a foreign government.”.
30.145 Subdivision 672.32 note:
After “or entry”, insert “visa”.
30.146 Clause 672.333
Omit “and 4011.”, substitute “, 4011 and 4012.”.
30.147 After clause 672.335, insert:
“672.336 The Minister is satisfied that the grant of the visa would not prejudice the rights and interests of any person who has custody or guardianship of, or access to, the applicant.”.
30.148 After clause 672.735, insert:
“672.736 The Minister is satisfied that the grant of the visa would not prejudice the rights and interests of any person who has custody or guardianship of, or access to, the applicant.”.
30.149 Clause 672.811:
Add at the end:
“(2) The Minister may waive the fee on an application for a Class 672 visa by an applicant who applies to enter Australia as a representative of a foreign government.”.
30.150 Subdivision 673.32 note:
After “or entry”, insert “visa”.
30.151 After clause 673.322, insert:
“673.323 The period of stay in Australia proposed in the application does not exceed 3 months.”.
30.152 Clause 673.333
Omit “and 4011.”, substitute “, 4011 and 4012.”.
30.153 After clause 673.335, insert:
“673.336 The Minister is satisfied that the grant of the visa would not prejudice the rights and interests of any person who has custody or guardianship of, or access to, the applicant.”.
30.154 After clause 673.734, insert:
“673.735 The Minister is satisfied that the grant of the visa would not prejudice the rights and interests of any person who has custody or guardianship of, or access to, the applicant.”.
30.155 Clause 673.811:
Add at the end:
“(2) The Minister may waive the fee on an application for a Class 673 visa by an applicant who applies to enter Australia as a representative of a foreign government.”.
30.156 Clause 674.333:
Omit “and 4011.”, substitute “, 4011 and 4012.”.
30.157 After clause 674.335, insert:
“674.336 The Minister is satisfied that the grant of the visa would not prejudice the rights and interests of any person who has custody or guardianship of, or access to, the applicant.”.
30.158 After clause 674.735, insert:
“674.736 The Minister is satisfied that the grant of the visa would not prejudice the rights and interests of any person who has custody or guardianship of, or access to, the applicant.”.
30.159 Clause 674.811:
Add at the end:
“(2) The Minister may waive the fee on an application for a Class 674 visa by an applicant who applies to enter Australia as a representative of a foreign government.”.
30.160 Clause 675.811:
Add at the end:
“(2) The Minister may waive the fee on an application for a Class 675 visa by an applicant who applies to enter Australia as a representative of a foreign government.”.
30.161 Part 820 heading:
Omit the heading, substitute:
“
30.162 Subclause 820.732 (2):
Omit the subclause, substitute:
“(2) Subclause (1) does not apply:
(a) to an applicant referred to in subclause 820.721 (3), (4) or (5); or
(b) to an applicant referred to in subclause 820.721 (6) who:
(i) is a dependent child of another applicant referred to in subclause 820.721 (3), (4) or (5); and
(ii) entered Australia as the holder, as a secondary person, of a visa or entry permit of the same class as the visa or entry permit held by that other applicant.”.
30.163 Paragraph 826.221 (b):
Omit “of the applicant”.
30.164 After clause 826.421, insert:
“
826.511 A Class 826 entry permit may be applied for, and granted, either:
(a) at the Entry Control Point, if the person is the holder of a Class 826 visa that was granted as a travel-only visa; or
(b) after entry.
826.521 A Class 826 entry permit has effect for:
(a) in the case of the first Class 826 entry permit granted after entry to a person—26 months from the date on which the entry permit was applied for; or
(b) in the case of a Class 826 entry permit granted before entry—the period specified in the Class 826 visa held by the person; or
(c) in any other case—a period, not exceeding 2 years, determined by the Minister in each particular case.”.
30.165 Subparagraph 826.722 (2) (e) (i):
Omit “paragraph (c)”, substitute “paragraph (d)”.
30.166 Subparagraph 826.722 (2) (e) (ii):
Omit “paragraph (b)”, substitute “paragraph (d)”.
30.167 Subclause 826.722 (3):
Omit “subparagraph (2) (d) (i)”, substitute “subparagraph (2) (e) (i)”.
30.168 Subclause 826.731 (1):
Omit the subclause, substitute:
“(1) The applicant meets the requirements of subclause (2), (3) or (4).”.
30.169 Subclause 826.731 (2) (second occurring):
Omit all the words before paragraph (a), substitute:
“(3) An applicant meets the requirements of this subclause if the applicant:”.
30.170 Subclause 826.731 (3):
Omit all the words before paragraph (a), substitute:
“(4) An applicant meets the requirements of this subclause if:”.
30.171 Part 435 heading:
Omit the heading, substitute:
“
30.172 Clauses 435.521 and 435.723:
Omit “31 October 1992”, substitute “30 June 1993”.
30.173 Subclause 437.322 (2):
Add at the end:
“; and (c) the relationship is a genuine and continuing marital relationship.”.
30.174 Paragraph 437.721 (3) (c):
Omit the paragraph, substitute:
“(c) if the applicant is the spouse of the principal holder:
(i) the applicant became the spouse of the principal holder before 23 July 1992; and
(ii) the relationship is a genuine and continuing marital relationship.”.
30.175 Clause 437.723:
Omit the clause, substitute:
“437.723 The applicant is not a person who previously held a Class 437 entry permit that ceased to be in force because of the cancellation or termination of the entry permit as a result of breach of a condition to which the entry permit was subject.”.
29.175 Clauses 443.521 and 443.723:
Omit “31 January 1993”, substitute “30 June 1993”.
30.176 Clause 784.131, definition of “relevant date”:
Omit the definition, substitute:
“
(a) in relation to a Class 784 visa granted before entry to a person referred to in subclause 784.321 (2)—the date on which the visa was granted to the person; and
(b) in relation to a Class 784 visa granted before entry to a person referred to in subclause 784.321 (3)—the date on which the first of the following was granted to the principal, within the meaning of that subclause, in relation to that person:
(i) a Class 784 visa or entry permit;
(ii) a refugee (restricted) (code number 781) visa or entry permit granted under the Migration (1989) Regulations and issued on or after 12 July 1990 and before 27 February 1991; and
(c) in relation to a Class 784 visa granted after entry to a person—the date on which the first of the following was granted to the person:
(i) a Class 784 visa granted before entry;
(ii) a Class 784 entry permit granted after entry;
(iii) a refugee (restricted) (code number 781) visa granted before entry under the Migration (1989) Regulations;
(iv) a refugee (restricted) (code number 781) entry permit granted after entry under the Migration (1989) Regulations; and
(d) in relation to a Class 784 entry permit granted before entry to a person—the date on which the first of the following was granted to the person:
(i) a Class 784 visa granted before entry;
(ii) a Class 784 entry permit granted after entry;
(iii) a refugee (restricted) (code number 781) visa granted before entry under the Migration (1989) Regulations;
(iv) a refugee (restricted) (code number 781) entry permit granted after entry under the Migration (1989) Regulations; and
(e) in relation to a Class 784 entry permit granted after entry to a person—the date on which the entry permit was granted to the person.”.
30.177 Subclause 784.311 (2):
Omit the subclause, substitute:
“(2) An application by a person to the Minister, being:
(a) an application for refugee status that was lodged before 1 July 1991; or
(b) an application for refugee status that was lodged:
(i) on or after 1 February 1993; and
(ii) after the arrival of the person in Australia but before the person entered Australia; or
(c) an application lodged before before 1 July 1991 for reconsideration of the rejection of an application by the person for refugee status;
also has effect as an application for a Class 784 visa.”.
30.178 Paragraph 784.321 (3) (b):
Omit the paragraph, substitute:
“(b) is a spouse or dependent child of a person (in this subclause called
‘the principal’ ) who is the holder of:
(i) a Class 784 visa or entry permit; or
(ii) a refugee (restricted) (code number 781) visa or entry permit granted under the Migration (1989) Regulations on or after 12 July 1990 and before 27 February 1991; and”.
30.179 Paragraph 784.511 (b):
After “purpose”, insert “, if the applicant is also an applicant for a refugee status”.
30.180 After clause 784.734, insert:
“784.735 The applicant is in Australia when the decision on the application is made.”.
30.181 After Part 784, insert:
“
[
827.511 A Class 827 entry permit may be applied for and granted only after entry.
[
827.711 An application for a Class 827 entry permit is effective if it is made by or on behalf of the applicant in a manner approved by the Minister.
[
827.721 The applicant was determined by the Minister to be a refugee on or before 11 July 1990.
827.722 The applicant is in Australia on the day on which the application is lodged.
827.731 The Minister is satisfied that permanent settlement of the applicant in Australia:
(a) is the appropriate course for the applicant; and
(b) would not be contrary to the interests of Australia.
827.741 Mandatory conditions: Nil.
827.742 Discretionary conditions: Nil.
30.182 Part 159 heading:
Omit the heading, substitute:
“
30.183 Subdivision 300.22:
Omit “As individually determined by the Minister.”, substitute:
“(1) In the case of a Class 300 visa granted for return travel to Australia:
(a) journeys to Australia: 1 only; and
(b) time limit for arrival in Australia: 3 months or as determined by the Minister in respect of an applicant; and
(c) in the case of an entry visa—operation as an entry permit : 6 months.
“(2) In the case of a Class 300 visa granted for initial travel to Australia:
(a) journeys to Australia: 1 only; and
(b) time limit for arrival in Australia and period of stay authorised in Australia:
(i) the expiry of the Class 300 entry permit held by an applicant; or
(ii) if an applicant leaves Australia while the entry permit is in force, the date on which that entry permit would have expired had the applicant not left Australia.”.
30.184 Subparagraph 300.337 (a) (ii):
Omit “Class 100 visa”, substitute “Class 300 visa”.
30.185 Clause 300.432:
Omit the clause, substitute:
“300.432 The Minister is satisfied that there are compelling reasons for the grant of the visa.”.
30.186 Clause 300.441:
Omit the clause, substitute:
“300.441 Mandatory conditions:
(a) 9207; or
(b) in the case of a person who entered Australia under a Class 300 (prospective marriage) visa that authorised the person to stay in Australia for 3 months—9229.”.
30.187 Subdivision 300.52:
Omit “As individually determined by the Minister.”, substitute:
“(a) Before entry: a maximum of 6 months
(b) After entry: 3 months.”.
30.188 Clause 300.721:
Omit “a prospective marriage (code number 300) entry permit”, substitute “a Class 300 entry permit”.
30.189 Clause 300.722:
Omit the clause, substitute:
“300.722 The applicant applies to stay in Australia although he or she has not, or does not expect to have, entered into the marriage for the purpose of which the entry permit was granted within 3 months of his or her initial entry into Australia under that entry permit.”.
30.190 After clause 300.723, insert:
“300.724 The applicant must not have previously been granted a Class 300 entry permit after entry.”.
30.191 Subdivision 300.82:
Omit “Nil.”, substitute “$100”.
30.192 Part 301 heading:
Omit “
30.193 Clause 301.12 (note):
Omit the note, substitute:
“[NOTE: In relation to Class 301 visas and entry permits, all applicants are primary persons.]”.
30.194 Part 771 heading:
Omit the heading, substitute:
“
30.195 Clause 771.341:
Omit “, 9102”.
30.196 Clauses 771.321 and 771.322 (second occurring):
Omit the clauses, substitute:
“773.321 The applicant has arrived in Australia.
773.322 The applicant does not seek entry to Australia as a refugee or on humanitarian grounds.”.
30.197 Paragraphs 773.323 (f), (g) and (h):
Omit the paragraphs, substitute:
“(f) a person who:
(i) immediately before last departing Australia, held a Group 2.1 (temporary resident) entry permit; and
(ii) departed in circumstances in which it was not reasonably practicable to obtain a visa of the same class as the entry permit so held by the person; and
(iii) would, if excluded from Australia, be prevented from reunion with a close relative of the person in Australia; or”.
30.198 Clause 828.441:
Omit “Nil.”, substitute “9202.”.
30.199 Clause 828.721:
Omit the clause, substitute:
“828.721 The applicant has made an application for a temporary entry permit of another class, not being an entry permit in Group 2.5 (extended eligibility) or a Class 829 (processing (residence)) entry permit.”.
30.200 Clause 828.741:
Omit “Nil.”, substitute “9203.”.
30.201 Clause 829.131, definition of “principal application”:
Omit the definition, substitute:
“
(a) a Class 801 (spouse) (after entry)) entry permit;
(b) a Class 802 (child) (after entry)) entry permit;
(c) a Class 804 (aged parent) (after entry)) entry permit;
(d) a Class 805 (skilled occupation) entry permit;
(e) a Class 806 (family and other close ties (after entry)) entry permit;
(f) a Class 812 (December 1989 (permanent)) entry permit;
(g) a Class 820 (extended eligibility (spouse)) entry permit;
(h) a Class 826 (extended eligibility (interdependency)) entry permit.”.
30.202 Division 829.7 note:
Omit “temporarily”, substitute “permanently”.
30.203 Clause 829.711:
Omit the clause.
30.204 Subdivision 829.71 note:
Omit “Class 802 (child) (after entry)”, substitute:
“Class 801 (spouse) (after entry)
Class 802 (child) (after entry)”.
30.205 Subdivision 829.71 note:
Omit “Class 808 (confirmatory)” and “Class 812 (extended eligibility (spouse)”, substitute “Class 812 (December 1989 (permanent)”.
30.206 Clause 829.712:
Omit the clause.
30.207 Paragraphs 829.731 (2) (a) and (3) (a):
Omit the paragraphs, substitute:
“(a) the principal application was made on or after 19 December 1989; and”.
30.208 Paragraph 829.731 (3) (b):
Omit the paragraph, substitute:
“(b) the applicant is included as a family unit member in the principal application; and”.
30.209 Paragraph 829.731 (3) (c):
Omit the paragraph.
30.210 Clause 829.732:
Omit the clause.
30.211 829.733:
Omit “dependent child”, substitute “family unit member”.
31.1 Clause 021.332:
Omit “contunues”, substitute “continues”.
31.2 Clause 021.337:
Omit the clause, substitute:
“021.337 If the application is for a Class 426 (domestic worker (diplomatic and consular)) visa, the application has the support in writing of the Foreign Minister.”.
31.3 Clause 021.338:
Omit the clause.
31.4 Paragraph 021.341 (b):
Omit the paragraph, substitute:
“(b) in the case of a Class 410 (retirement)) visa: 9101; and
(c) in the case of a Class 426 (diplomatic worker (diplomatic and consular)) visa: 9219; and
(d) in the case of a Class 442 (occupational trainee) visa: 9213.”.
31.5 Clause 021.441:
Add at the end:
“; and (d) in the case of a Class 410 (retirement)) visa: 9101.”.
31.6 Paragraph 021.733 (a):
Omit the paragraph, substitute:
“(a) in all cases, satisfies public interest criteria 4001 to 4004; and”.
31.7 Clause 021.336 (second occurring):
Omit “021.336”, substitute “021.736”.
31.8 Clause 021.738:
Omit the clause.
31.9 Clause 021.741:
Add at the end:
“; and (d) in the case of a Class 410 (retirement)) visa: 9101.”.
31.10 Clause 022.323:
Add at the end:
“(2) Subclause (1) does not apply to an applicant to whom clause 022.336A applies.”.
31.11 Paragraph 022.336 (a):
Omit the paragraph, substitute:
“(a) subject to clause 022.336A, the applicant genuinely seeks temporary entry as a member of the relevant primary person’s family unit; and.”.
31.12 After clause 022.336, insert:
“022.336A Paragraph 022.336 (b) does not apply to an applicant if the relevant primary person is a person to whom clause 560.334A in Chapter 2.2 of Schedule 2 refers.”.
31.13 Clause 022.723:
Add at the end:
“(2) Subclause (1) does not apply to an applicant to whom clause 022.336A applies.”.
31.14 Part 025:
Omit the Part.
31.15 Subdivision 027.22:
Omit “As individually determined by the Minister.”, substitute:
“027.221 (1) In the case of a visa granted for return travel to Australia:
(a) journeys to Australia: 1 only; and
(b) time limit for arrival in Australia: 3 months or as determined by the Minister in respect of an applicant; and
(c) in the case of an entry visa—operation as an entry permit : 6 months.
(2) In the case of a visa granted for initial travel to Australia:
(a) journeys to Australia: 1 only; and
(b) time limit for arrival in Australia and period of stay authorised in Australia:
(i) the expiry of the entry permit held by an applicant; or
(ii) if an applicant leaves Australia while the entry permit is in force, the date on which that entry permit would have expired had the applicant not left Australia.”.
31.16 After clause 027.321, insert:
“027.322 If sponsorship of the relevant primary person is required under relevant provision of Schedule 2, the sponsorship of that primary person includes sponsorship of the applicant.”.
31.17 After clause 027.337, insert:
“[
027.338 If clause 027.322 applies to the applicant, the sponsorship referred to in that clause:
(a) has been approved by the Minister; and
(b) is still in force.
027.339 The Minister is satisfied that the grant of the visa to the applicant would not prejudice the rights and interests of any other person who has custody or guardianship of, or access to, the applicant.”.
31.18 Clause 027.432:
Omit the clause, substitute:
“027.432 The Minister is satisfied that there are compelling reasons for the grant of the visa.”.
31.19 Paragraphs 027.441 (a), (b) and (c):
Omit the paragraphs, substitute:
“(a) 9208; or
(b) in the case of a Class (300) visa authorising the holder of the visa to stay in Australia for 3 months—9230.”.
31.20 Paragraph 027.741 (a):
Omit “9208”, substitute “9230”.
32.1 Sub-subparagraph 4001 (2) (a) (iii) (D):
Omit “a”, substitute “at”.
32.2 Paragraph 4001 (3) (d):
Omit “refugee or humanitarian”, substitute “Group 1.3 (permanent resident (refugee and humanitarian))”.
32.3 Subparagraph 4001 (3) (d) (i):
Omit “[a refugee visa or entry permit or]”.
32.4 Add at the end:
“4012 In the case of an applicant:
(a) who has not turned 18; and
(b) who is not travelling, or intending to travel, to Australia under the visa in the company of either or both of his or her parents; and
(c) whose application expresses an intention to visit a person in Australia who is not a relative of the applicant;
an undertaking to provide accommodation for, and to be responsible for the support and general welfare of, the applicant during the applicant’s stay in Australia is given to the Minister by a person who, in the reasonable belief of the Minister, has not been involved in activities indicating contempt, or disregard, for the law or for human rights.”.
33.1 Subparagraph 5009 (c) (i):
Omit “(temporary) entry permit”, substitute “(temporary)) entry permit”.
34.1 Item 8104 (column 2):
Omit paragraph (b), substitute:
“(b) employed not fewer than:
|
34.2 Item 8105 (column 2):
Omit paragraph (b), substitute:
“(b) employed not fewer than:
|
34.3 Item 8106 (column 2):
Omit paragraph (b), substitute:
“(b) employed not fewer than:
|
34.4 Items 8107, 8108, 8109, 8110 (column 2):
Omit paragraph (b), substitute:
“(b) employed not fewer than:
|
34.5 Add at the end:
“
8501 |
| 15”. |
35.1 Heading (note, clause 2):
Omit the clause, substitute:
“2. As to breaches of conditions, see rr. 2.25, 2.36 and 2.38.”.
35.2 Clause 9110:
Omit “dependent”, substitute “dependant”.
35.3 Clauses 9207 and 9208:
Omit the clauses, substitute:
“9207. The holder must enter into the marriage in relation to which the visa was granted within 6 months of the date of the holder’s initial arrival in Australia as the holder of the Class 300 entry permit granted at an Entry Control Point in relation to the visa.
9208. The relevant primary person must enter into the marriage in relation to which the Class 300 visa or entry permit held by the relevant primary person was granted within 6 months of the date of the relevant primary person’s initial arrival in Australia as the holder of the Class 300 entry permit granted at an Entry Control Point in relation to the visa.”.
35.4 Clause 9211:
Omit “the period is”, substitute “such periods as are”.
35.5 Clauses 9229 and 9230:
Omit the clauses, substitute:
“9229. The holder must enter into the marriage in relation to which the entry was granted within 3 months of the date of the holder’s initial arrival in Australia as the holder of the entry permit.
9230. The relevant primary person must enter into the marriage in relation to which the Class 300 visa or entry permit held by the relevant primary person was granted within 3 months of the date of the relevant primary person’s initial arrival in Australia as the holder of the entry permit granted at an Entry Control Point in relation to the visa.”.
36.1 Omit “1992 Nos. 22, 51, 96, 112, 125, 183, 231, 278, 291, 311 and 315.”, substitute:
“1992 Nos. 22, 51, 96, 112, 125, 183, 231, 278, 291, 311, 315, 346, 392, 433 and 451.”.
____________________________________________________________
1. Notified in the
Commonwealth of Australia Gazette on 29 January 1993.
2. Statutory Rules 1992 No. 367.
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