Commonwealth Consolidated Regulations

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MIGRATION REGULATIONS 1994 - REG 4.33

Powers of Tribunal

             (1)  For the purposes of paragraph 415(2)(c) of the Act, an application for a protection visa is prescribed.

             (2)  For the purposes of paragraph 415(2)(c) of the Act, it is a permissible direction that the applicant must be taken to have satisfied the criteria for the visa that are specified in the direction.

             (3)  For paragraph 415(2)(c) of the Act :

                     (a)  it is a permissible direction that the applicant is a refugee within the meaning of subsection 5H(1) of the Act; and

                    (aa)  it is a permissible direction that subsection 36(3) of the Act does not apply to the applicant; and

                     (b)  it is not a permissible direction that:

                              (i)  subsection 5H(1) of the Act applies to the applicant; or

                             (ii)  subsection 5H(1) does not apply to the applicant because of subsection 5H(2); or

                            (iii)  the applicant satisfies, or does not satisfy, the criterion in subsection 36(1C) of the Act.

             (4)  For paragraph 415(2)(c) of the Act :

                     (a)  it is a permissible direction that the applicant satisfies each matter, specified in the direction, that relates to establishing whether the applicant is a person to whom Australia has protection obligations because there are substantial grounds for believing that, as a necessary and foreseeable consequence of the applicant being removed from Australia to a receiving country, there is a real risk that the applicant will suffer significant harm; and

                     (b)  it is not a permissible direction that the applicant satisfies a matter that relates to establishing whether there are serious reasons for considering that:

                              (i)  the applicant has committed a crime against peace, a war crime or a crime against humanity, as defined by an international instrument mentioned in regulation 2.03B; or

                             (ii)  the applicant committed a serious non-political crime before entering Australia; or

                            (iii)  the applicant has been guilty of acts contrary to the purposes and principles of the United Nations; and

                     (c)  it is not a permissible direction that the applicant satisfies a matter that relates to establishing whether there are reasonable grounds that:

                              (i)  the applicant is a danger to Australia's security; or

                             (ii)  the applicant, having been convicted by a final judgment of a particularly serious crime, including a crime that consists of the commission of a serious Australian offence or serious foreign offence, is a danger to the Australian community.

             (5)  For paragraph 415(2)(c) of the Act, it is a permissible direction that the grant of the visa is not prevented by section 91W, 91WA or 91WB of the Act.



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