Commonwealth Numbered Regulations

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MIGRATION AMENDMENT REGULATIONS 2011 (NO. 2) (SLI NO 33 OF 2011) - SCHEDULE 1

Amendments

(regulation 3)

 

[1]           Subregulation 2.09 (1)

omit each mention of

by Gazette Notice

insert

by the Minister in an instrument in writing

[2]           Subregulation 2.09 (2)

substitute

         (2)   An oral application for a Return (Residence) (Class BB) visa may be made in person at an office of Immigration in Australia (whether or not the office has been specified in an instrument in writing for subregulation (1)).

         (3)   An oral application for a Return (Residence) (Class BB) visa may be made:

                (a)    using a telephone number specified by the Minister in an instrument in writing for this subregulation; and

               (b)    during the times specified in the instrument.

Note    In accordance with item 1128 of Schedule 1, the applicant must be in Australia when making this application.

[3]           Schedule 1, paragraph 1128 (3) (a)

omit

For an application (not being an Internet application):

insert

For an application that is not an Internet or oral application:

[4]           Schedule 1, subparagraph 1128 (3) (a) (iii)

substitute

                        (iii)    an application made in Australia may be made in writing, but not in accordance with form 1085, if it is accompanied by the presentation of a valid passport.

[5]           Schedule 1, after paragraph 1128 (3) (b), including the note

insert

                 (ba)     For an oral application:

                              (i)   the application must be made in Australia, but not in immigration clearance; and

                             (ii)   the applicant must be in Australia to make an application in Australia; and

                            (iii)   the application must be made as permitted by subregulation 2.09 (2) or (3); and

                            (iv)   for an application that is made as permitted by subregulation 2.09 (2), the application must be accompanied by the presentation of a valid passport.




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