Commonwealth Consolidated Regulations

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MIGRATION REGULATIONS 1994 - REG 2.91

Application or variation criteria no longer met

  (1)   This regulation applies to a person who is or was:

  (a)   a standard business sponsor; or

  (b)   a professional development sponsor; or

  (c)   a temporary work sponsor; or

  (d)   a temporary activities sponsor; or

  (e)   a parent sponsor.

  (2)   For subparagraph   140L(1)(a)(ii) of the Act, an additional circumstance is that the Minister is satisfied that:

  (a)   the person no longer satisfies the criteria prescribed under subsection   140E(1) or (1A) of the Act at the time the person was approved as a work sponsor or family sponsor (as the case may be); or

  (b)   if the terms of the approval of the person as a standard business sponsor, temporary work sponsor, temporary activities sponsor or parent sponsor have been varied--the person no longer satisfies the criteria prescribed under section   140GA of the Act at the time of the approval of the variation.

  (3)   For paragraph   140L(1)(b) of the Act, the criteria that the Minister must take into account in determining what action (if any) to take under section   140M of the Act in relation to the circumstance mentioned in subregulation   (2) are:

  (a)   the nature of the applicable sponsorship criteria that the person no longer meets; and

  (b)   whether, and the extent to which, the failure to continue to satisfy the criteria for approval as a work sponsor or family sponsor, or to continue to satisfy the criteria for approval of a variation, has had a direct or indirect impact on another person; and

  (c)   the reason why the person no longer satisfies the applicable sponsorship criteria, including whether the failure to satisfy the criteria is within the person's control; and

  (d)   the steps   (if any) the person has taken to ensure that the person will satisfy the applicable criteria in the future; and

  (e)   any other relevant factors.


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