Commonwealth Numbered Regulations

1994 No. 10 MIGRATION (REVIEW) (1993) REGULATIONS (AMENDMENT) - REG 3

3.1 Subregulation 36 (3): Omit the subregulation, substitute:

"(3) An applicant for a visa or entry permit (other than a visa or entry
permit mentioned in subregulation (3A) or (3B)) may apply, in accordance with
these Regulations, for review of a relevant decision, being a decision to
refuse the visa or entry permit, if:

   (a)  the applicant was lawfully present in Australia when he or she lodged
        the application for the visa or entry permit; or

   (b)  the applicant:

        (i)    became an illegal entrant, by reason of subsection 14 (2) of
               the Act, on entry to Australia; and

        (ii)   has not left Australia since that entry.

"(3A) An applicant for a visa or entry permit of one of the following classes:

   (a)  Class 815 (PRC (permanent));

   (b)  Class 816 (special (permanent));

   (c)  Class 818 (highly qualified on-shore (permanent)); may apply, in
        accordance with these Regulations, for review of a relevant decision,
        being a decision to refuse the visa or entry permit, whether or not
        the applicant's presence in Australia when he or she lodged the
        application for the visa or entry permit was lawful.

"(3B) An applicant for a Class 806 (family and other close ties (after entry))
entry permit may apply, in accordance with these Regulations, for review of a
relevant decision, being a decision to refuse the entry permit, if:

   (a)  at the date of lodgment of the application for the visa or entry
        permit, the applicant:

        (i)    was an illegal entrant; and

        (ii)   had turned 18; and

   (b)  before turning 18, the applicant:

        (i)    had entered Australia; and

        (ii)   had become a prohibited non-citizen or an illegal entrant.".