Commonwealth Numbered Regulations

1992 No. 367 MIGRATION (1993) REGULATIONS - SCHEDULE 6

                       SCHEDULE 6                 Regulation 1.3

ILLEGAL ENTRANT CRITERIA 6001. If the applicant is an illegal entrant by
reason only of subsection 14 (2) of the Act:

   (a)  the applicant applies either:

        (i)    before being served with a notice by the Minister to the effect
               that the applicant is an illegal entrant; or

        (ii)   within 7 working days after being served with such a notice;
               and

   (b)  the applicant gives a section 20 notice to the Secretary before a
        decision is made on the application. (NOTE: 1. Regulation 2.3 makes
        specific provision in relation to the grant of visas and entry permits
        to persons by whom section 20 notices are given.
2. Section 36 of the Act imposes restrictions on the right of a person to make
a further application for an entry permit once he or she has applied for
review of an earlier refusal to grant an entry permit: see sections 36 and 121
of the Act and regulation 2.10.
3. Section 37 of the Act imposes restrictions on the right of an illegal
entrant who has been refused an entry permit to make a further application for
an entry permit: see section 37 and regulation 2.10.
4. For waiver of fees in certain circumstances, see regulation 7.30.) 6002. If
the applicant has been arrested under section 92 or 93 of the Act and is not
an applicant to whom clause 6001 applies:

   (a)  the application was made not later than 2 days after the applicant was
        so arrested; or

   (b)  the applicant:

        (i)    not later than 2 days after being so arrested, asked the
               Minister, in writing, to be allowed to make the application
               within 7 working days of being so arrested; and

        (ii)   made the application before the expiry of those 7 working days.
               6003. Whether clause 6002 applies to the applicant or not (but
               not if clause 6001 applies to the applicant), the application
               is within 28 days after the applicant became an illegal
               entrant. 6004. Whether clause 6002 applies to the applicant or
               not (but not if clause 6001 applies to the applicant), the
               application is made within 12 months after the applicant became
               an illegal entrant. 6005. Unless clause 6001 applies to the
               applicant, the entry permit (if any) held by the applicant
               immediately before last becoming an illegal entrant was not
               granted subject to the condition that the holder would not be
               entitled to be granted an entry permit, or further
               entry permit, while the holder remains in Australia, and the
               Minister is satisfied that:

   (a)  the applicant became an illegal entrant because of factors beyond the
        applicant's control; and

   (b)  there are compelling reasons for granting the entry permit; and

   (c)  the applicant complied substantially with any conditions subject to
        which any such entry visa or entry permit was granted (other than a
        condition of which the applicant was in breach solely because of the
        expiry of any entry visa or entry permit); and

   (d)  the applicant would have been entitled to be granted an entry permit
        of the class applied for if the applicant had applied for such an
        entry permit immediately before becoming an illegal entrant; and

   (e)  the applicant intends to comply with any condition subject to which
        the entry permit is granted. 6006. Unless clause 6001 applies to the
        applicant, the entry permit has not previously been granted to the
        applicant on the basis of the satisfaction of any of the criteria set
        out in this Schedule, in regulation 35aa of the Migration (1989)
        Regulations or in subregulation 42 (1a) or (1c) of those Regulations.