Commonwealth Numbered Regulations

1990 No. 34 MIGRATION REGULATIONS (AMENDMENT) - REG 12

12. Regulation 111 of the Migration Regulations is repealed and the following
regulation substituted: Border visas

"111. (1) The following persons are eligible to apply for a border visa:

   (a)  a person who is the spouse of an Australian citizen or an Australian
        permanent resident and who seeks to enter Australia on or before 31
        May 1990;

   (b)  a person who is apparently eligible for a visa referred to in item 51,
        52, 53, 54 or 55 in Part 1 of Schedule 2;

   (c)  a person who has arrived in Australia with a valid visa if, after the
        person's arrival, the visa is cancelled because the person has
        breached a terminating condition that the holder is not to arrive in
        Australia before the arrival or entry of a specified person;

   (d)  a person who has been evacuated to Australia under an arrangement
        approved by the Minister as the result of an emergency situation;

   (e)  a dependent child, being a child of an Australian citizen or of an
        Australian permanent resident, who arrives in Australia in the care of
        another person who holds a valid visa or is an Australian citizen;

   (f)  a person:

        (i)    who is not a person referred to in a previous paragraph;

        (ii)   who has arrived in Australia without a valid visa;

        (iii)  who seeks temporary entry to Australia; and

        (iv)   who is apparently eligible for a visa referred to in item 45,
               46, 47, 48, 49 or 50 in Part 1 of Schedule 2.

"(2) The following criteria are prescribed in relation to a border visa:

   (a)  in the case of an application by a person referred to in paragraph 1
        (a), (b), (d), (e) or (f) for a border visa-that the Minister is
        satisfied:

        (i)    that there are compelling reasons for granting the visa to the
               person; and

        (ii)   that the person's entry to Australia would not be contrary to
               Australia's interests; and

        (iii)  that the person has a good reason for not holding a visa;

   (b)  in the case of an application by a person referred to in paragraph (1)
        (c)-that the Minister is satisfied, on the basis of a written
        statement by the person:

        (i)    that the person has reasonable grounds for having failed to
               comply with the terminating condition; and

        (ii)   that there are compelling reasons for allowing the applicant to
               enter Australia; and

        (iii)  that the specified person referred to in that paragraph will
               arrive in Australia within 30 days of the applicant being
               allowed to enter Australia.

"(3) A border visa must not be granted to a person referred to in paragraph
(1) (f) within 5 years of the grant of a previous border visa that was granted
to the person under that paragraph.

"(4) A border visa must not be granted to a person:

   (a)  before the person has arrived in Australia; or

   (b)  who seeks entry to Australia as a refugee or on humanitarian
        grounds.".