Commonwealth Numbered Regulations Commonwealth Numbered Regulations
1 At the end of subregulation 4.02(4)
Add:
; (s) a decision made after 26 February 2021 to refuse to grant:
(i) a Subclass 300 (Prospective Marriage) visa; or
(ii) a Subclass 309 (Partner (Provisional)) visa; or
(iii) a Subclass 445 (Dependent Child) visa;
if the visa was applied for before the end of the concession period described in subregulation 1.15N(1) by an applicant who:
(iv) was outside Australia when the application was made; and
(v) was in Australia at any time during that concession period; and
(vi) was in Australia on the day the decision was made.
2 Subregulation 4.02(5)
After "made by", insert "the following".
3 At the end of subregulation 4.02(5)
Add:
; (r) in the case of a decision to which paragraph (4)(s) applies--the sponsor.
4 Clause 101.411 of Schedule 2
Repeal the clause, substitute:
(1) The applicant must be outside Australia when the visa is granted if the visa is not a visa to which subclause (2) applies.
(2) This subclause applies to a visa if:
(a) the visa is granted after 26 February 2021; and
(b) the application for the visa was made before the end of the concession period described in subregulation 1.15N(1); and
(c) the applicant for the visa:
(i) was in Australia at any time during that concession period; and
(ii) is in Australia, but not in immigration clearance, when the visa is granted.
5 Clause 102.411 of Schedule 2
Repeal the clause, substitute:
(1) The applicant must be outside Australia when the visa is granted if the visa is not a visa to which subclause (2) applies.
(2) This subclause applies to a visa if:
(a) the visa is granted after 26 February 2021; and
(b) the application for the visa was made before the end of the concession period described in subregulation 1.15N(1); and
(c) the applicant for the visa:
(i) was in Australia at any time during that concession period; and
(ii) is in Australia, but not in immigration clearance, when the visa is granted.
6 Clause 300.412 of Schedule 2
Repeal the clause, substitute:
(1) The applicant must be outside Australia when the visa is granted if the visa is not a visa to which subclause (2) applies.
(2) This subclause applies to a visa if:
(a) the visa is granted after 26 February 2021; and
(b) the application for the visa was made before the end of the concession period described in subregulation 1.15N(1); and
(c) the applicant for the visa:
(i) was in Australia at any time during that concession period; and
(ii) is in Australia, but not in immigration clearance, when the visa is granted.
7 Clause 309.412 of Schedule 2
Repeal the clause, substitute:
(1) The applicant must be outside Australia when the visa is granted if the visa is not a visa to which subclause (2) applies.
(2) This subclause applies to a visa if:
(a) the visa is granted after 26 February 2021; and
(b) the application for the visa was made before the end of the concession period described in subregulation 1.15N(1); and
(c) the applicant for the visa:
(i) was in Australia at any time during that concession period; and
(ii) is in Australia, but not in immigration clearance, when the visa is granted.
8 Clause 445.411 of Schedule 2
Repeal the clause, substitute:
(1) If the application is made outside Australia, the applicant must be outside Australia when the visa is granted if the visa is not a visa to which subclause (2) applies.
(2) This subclause applies to a visa if:
(a) the visa is granted after 26 February 2021; and
(b) the application for the visa was made before the end of the concession period described in subregulation 1.15N(1); and
(c) the applicant for the visa:
(i) was in Australia at any time during that concession period; and
(ii) is in Australia, but not in immigration clearance, when the visa is granted.