Commonwealth Consolidated Regulations

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MIGRATION REGULATIONS 1994 - REG 2.101

Criteria for waiving a bar

             (1)  For the purposes of subsection 140O(3) of the Act, the criteria to be taken into account by the Minister in determining whether to waive a bar placed on an approved work sponsor are:

                     (a)  whether the person has made the request to waive the bar in accordance with the process set out in regulation 2.102; and

                     (b)  if the Minister has not previously refused to waive the bar:

                              (i)  whether the interests of Australia would be significantly affected if the bar were not waived; and

                             (ii)  whether a substantial trade opportunity would be lost if the bar were not waived; and

                            (iii)  whether there would be a significant detriment to the Australian community if the bar were not waived; and

                            (iv)  whether the person's inability to sponsor a proposed primary sponsored person would significantly damage Australia's relations with the government of another country; and

                             (v)  whether significant new evidence or information has come to light which was not available at the time the decision to place the bar was made; and

                     (c)  if the Minister has previously refused to waive the bar, whether the circumstances relevant to the making of the earlier decision have changed substantially.

             (2)  For the purposes of subsection 140O(3) of the Act, the criteria to be taken into account by the Minister in determining whether to waive a bar placed on an approved family sponsor are:

                     (a)  whether the person has made the request to waive the bar in accordance with the process set out in regulation 2.102; and

                     (b)  whether significant new evidence or information has come to light which was not available at the time the decision to place the bar was made; and

                     (c)  whether there are exceptional circumstances that justify waiving the bar.



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