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1994 No. 376 MIGRATION REGULATIONS (AMENDMENT) - REG 33

33. Schedule 2, Part 214 (Cambodian)
33.1 Paragraph 214.111 (1) (d):
Omit "satisfied", substitute "met".

33.2 Subclause 214.111 (2):
Omit "satisfies", substitute "meets".

33.3 Subclause 214.111 (3):
Omit "satisfies", substitute "meets".

33.4 After clause 214.111, insert in Division 214.1:

"214.112 For the purposes of this Part, an applicant has a near relative in
Australia if the applicant has a parent, daughter, son, brother, sister, aunt,
uncle, nephew or niece who:

   (a)  was an Australian citizen, an Australian permanent resident or an
        eligible New Zealand citizen on 1 October 1993; and

   (b)  continues to be an Australian citizen, an Australian permanent
        resident or an eligible New Zealand citizen; and

   (c)  is usually resident in Australia.".

33.5 Clause 214.211: Omit the clause, substitute:

"214.211 (1) The applicant:

   (a)  is usually a resident of Cambodia and is experiencing hardship in
        Cambodia as a result of upheavals in that country over recent years;
        and

   (b)  meets the requirements of subclause (2) or (3).

"(2) An applicant meets the requirements of this subclause if he or she has a
near relative in Australia.

"(3) The applicant:

   (a)  arrived in Australia by boat, without a visa or other authority,
        between 28 November 1989 and 26 April 1991; and

   (b)  before that arrival was usually a resident of Cambodia; and

   (c)  was in detention under the Act for most of his or her stay in
        Australia; and

   (d)  subsequently returned to Cambodia.".

33.6 Subclause 214.212 (2): Omit "or to the Minister", substitute "given to
the Minister".

33.7 Paragraph 214.212 (2) (j): Omit the paragraph. 


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