Migration (MARA—Extension of eligible period for restricted legal practitioners) Instrument (LIN 21/020) 2021 (Cth)

LIN 21/020

Migration (MARA—Extension of eligible period for restricted legal practitioners) Instrument (LIN 21/020) 2021

I, Jason Wood, Assistant Minister for Customs, Community Safety and Multicultural Affairs, make this instrument under subsection 278A(9) of the Migration Act 1958 (the Act).

Dated 18 October 2021

Jason Wood

Assistant Minister for Customs, Community Safety and Multicultural Affairs

1          Name

                 This instrument is the Migration (MARA—Extension of eligible period for restricted legal practitioners) Instrument (LIN 21/020) 2021.

2          Commencement

                 This instrument commences on the day after registration.

3Circumstances for extension of eligible period

For subsection 278A(7) of the Act, the following circumstances are determined:

(a) the employment, business and volunteering commitments of the eligible person who has made the application under subsection 278A(4) of the Act (the applicant);

(b)   the applicant’s financial circumstances;

(c)   any attempt made by the applicant to secure a supervised legal practice placement on a full-time basis for a two-year period;

(d)   the applicant’s study commitments;

(e)   the applicant’s family responsibilities, including responsibility to provide care to:

             (i)  the applicant’s spouse; or

            (ii)  a member of the applicant’s family; or

           (iii)  a relative of the applicant;

(f)    any medical condition that the applicant has;

(g)   any other hardship that applies to the applicant.

Note          The concepts of spouse, members of a family and relative are defined in sections 5F and 5G of the Act.

4Details to be included in a written notice

For subsection 278A(8) of the Act, the notice of the decision must include the following details:

(a)   the reasons for the decision to extend the eligible period or to refuse to extend the eligible period;

(b)   findings on material questions of fact relied upon in making the decision;

(c)   reference to the evidence or other material on which those findings were based.