Migration Regulations 1994 Specification of a Class of Persons December 2003 (Cth)

Commonwealth of Australia

Migration Act 1958

Migration Regulations 1994

SPECIFICATION OF A CLASS OF PERSONS FOR THE PURPOSE OF SUBPARAGRAPH 030.212(3)(b)(ii) OF THE MIGRATION REGULATIONS 1994

I, AMANDA VANSTONE, Minister for Immigration and Multicultural and Indigenous Affairs, acting under regulation 1.17 and subparagraph 030.212(3)(b)(ii) of the Migration Regulations 1994 ("the Regulations"):

1. REVOKE the Gazette Notices specifying a class of persons for the purpose of subparagraph 030.212(3)(b)(ii) of the Regulations signed on 16 October 2002 and 31 July 2003.

1. SPECIFY all non-citizens who held a Subclass 785 - Temporary Protection visa, and who within 45 days after the expiry of that Subclass 785 - Temporary Protection visa, made an application for a Protection (Class XA) visa, as a class of persons for the purpose of subparagraph 030.212(3)(b)(ii) of the Regulations in respect of a Bridging Visa C granted or to be granted as a result of the Class XA application.

1. SPECIFY all non-citizens who hold, or have held, a Subclass 786 (Temporary) Humanitarian Concern visa, and who, within 7 working days of the Minister lifting the bar on further visa applications imposed by section 91K of the Migration Act 1958, made an application for a Protection (Class XA) visa, as a class of persons for the purposes of subparagraph 030.212(3)(b)(ii) of the Regulations in respect of a Bridging Visa C granted or to be granted as a result of the Class XA application.

1. This Notice comes into effect upon publication.

Dated 10 December 2003

AMANDA VANSTONE

Minister for Immigration and Multicultural and Indigenous Affairs

[NOTE 1: Regulation 1.17 provides that the Minister may, by notice published in the Gazette, specify matters required by individual provisions of the Regulations to be specified for the purposes of those provisions.

NOTE 2:          Subclause 030.212(3) sets out requirements for an applicant seeking to meet the time of application criteria for a Subclass 030 – Bridging C visa.  An applicant meets the criteria if, among other things, the applicant is within a class of persons specified by Gazette Notice for subparagraph 030.212(3)(b)(ii), and the Minister is satisfied that the applicant has a compelling need to work.]