Commonwealth Numbered Regulations

1993 No. 19 MIGRATION (1993) REGULATIONS (AMENDMENT) - REG 31

31.1 Clause 021.332:
Omit "contunues", substitute "continues".
31.2 Clause 021.337: Omit the clause, substitute:

"021.337 If the application is for a Class 426 (domestic worker (diplomatic
and consular)) visa, the application has the support in writing of the Foreign
Minister.".
31.3 Clause 021.338:, Omit the clause.
31.4 Paragraph 021.341 (b): Omit the paragraph, substitute:

"(b) in the case of a Class 410 (retirement)) visa: 9101; and

   (c)  in the case of a Class 426 (diplomatic worker (diplomatic and
        consular)) visa: 9219; and

   (d)  in the case of a Class 442 (occupational trainee) visa: 9213.".
31.5 Clause 021.441: Add at the end:

"; and (d) in the case of a Class 410 (retirement)) visa: 9101.".
31.6 Paragraph 021.733 (a): Omit the paragraph, substitute:

"(a) in all cases, satisfies public interest criteria 4001 to 4004; and".
31.7 Clause 021.336 (second occurring): Omit "021.336", substitute "021.736".
31.8 Clause 021.738: Omit the clause.
31.9 Clause 021.741: Add at the end:

"; and (d) in the case of a Class 410 (retirement)) visa: 9101.".
31.10 Clause 022.323: Add at the end:

"(2) Subclause (1) does not apply to an applicant to whom clause 022.336A
applies.".
31.11 Paragraph 022.336 (a): Omit the paragraph, substitute:

"(a) subject to clause 022.336A, the applicant genuinely seeks temporary entry
as a member of the relevant primary person's family unit; and.".
31.12 After clause 022.336, insert:

"022.336A Paragraph 022.336 (b) does not apply to an applicant if the relevant
primary person is a person to whom clause 560.334A in Chapter 2.2 of Schedule
2 refers.".
31.13 Clause 022.723: Add at the end:

"(2) Subclause (1) does not apply to an applicant to whom clause 022.336A
applies.".
31.14 Part 025: Omit the Part.
31.15 Subdivision 027.22: Omit "As individually determined by the Minister.",
substitute:

"027.221 (1) In the case of a visa granted for return travel to Australia:

   (a)  journeys to Australia: 1 only; and

   (b)  time limit for arrival in Australia: 3 months or as determined by the
        Minister in respect of an applicant; and

   (c)  in the case of an entry visa-operation as an entry permit : 6 months.

(2) In the case of a visa granted for initial travel to Australia:

   (a)  journeys to Australia: 1 only; and

   (b)  time limit for arrival in Australia and period of stay authorised in
        Australia:

        (i)    the expiry of the entry permit held by an applicant; or

        (ii)   if an applicant leaves Australia while the entry permit is in
               force, the date on which that entry permit would have expired
               had the applicant not left Australia.".
31.16 After clause 027.321, insert:

"027.322 If sponsorship of the relevant primary person is required under
relevant provision of Schedule 2, the sponsorship of that primary person
includes sponsorship of the applicant.".
31.17 After clause 027.337, insert:

"(NOTE: If an assurance of support is mandatory for a class of visa (for
which, see the relevasnt Part of Schedule 2), a health charge is payable under
s. 5 of the Migration (Health Services) Charge Act 1991. Under s. 24 (3B) of
the Act, the Minister may not grant the visa until the charge has been paid.)
027.338 If clause 027.322 applies to the applicant, the sponsorship referred
to in that clause:

   (a)  has been approved by the Minister; and

   (b)  is still in force.
027.339 The Minister is satisfied that the grant of the visa to the applicant
would not prejudice the rights and interests of any other person who has
custody or guardianship of, or access to, the applicant.".
31.18 Clause 027.432: Omit the clause, substitute:

"027.432 The Minister is satisfied that there are compelling reasons for the
grant of the visa.".
31.19 Paragraphs 027.441 (a), (b) and (c): Omit the paragraphs, substitute:

"(a) 9208; or

   (b)  in the case of a Class (300) visa authorising the holder of the visa
        to stay in Australia for 3 months-9230.".
31.20 Paragraph 027.741 (a): Omit "9208", substitute "9230".