Commonwealth Numbered Regulations

1995 No. 268 MIGRATION REGULATIONS (AMENDMENT) - SCHEDULE 3

                           SCHEDULE 3              Regulation 20

NEW PART 456 TO BE INSERTED IN SCHEDULE 2
TO THE MIGRATION REGULATIONS
SUBCLASS 456-BUSINESS (SHORT STAY) 456.1 INTERPRETATION 456.111 In this Part:
"approved nominator" means:

   (a)  the Government of a State or Territory; or

   (b)  a body approved in writing by the Minister for the purposes of this
        Part. 456.112 For the purposes of this Part, an application that is
        made on an applicant's behalf by an approved nominator is taken to be
        an application made outside Australia. (NOTE: "work" is defined in
        regulation 1.03.) 456.2 PRIMARY CRITERIA 456.21 Criteria to be
        satisfied at time of application 456.211 The applicant seeks to enter
        Australia temporarily, or remain in Australia temporarily, for
        business purposes and has adequate funds for personal support during
        the period of the visit. 456.212 The applicant does not intend to
        engage in work that might otherwise be carried out by an Australian
        citizen or an Australian permanent resident. 456.213 The applicant
        does not intend to engage in:

   (a)  any course:

        (i)    leading to the completion of a primary or secondary education
               program; or

        (ii)   leading to a degree, diploma, trade certificate or other formal
               award; or

   (b)  any other course (other than a language training program) completion
        of which may be unconditionally credited towards, or accepted as a
        prerequisite for, a course of studies at a higher educational
        institution within or outside Australia. 456.214 If the application is
        made in Australia:

   (a)  the applicant:

        (i)    is the holder of a substantive temporary visa other than a
               Subclass 426 (Domestic Worker (Temporary)-Diplomatic or
               Consular) visa; or

        (ii)   does not hold a substantive visa and:

                (A)  immediately before ceasing to hold a substantive visa was
                     the holder of a substantive temporary visa except a visa
                     of Subclass 426; and

                (B)  satisfies Schedule 3 criteria 3001, 3003, 3004 and 3005;
                     and

   (b)  the applicant has complied substantially with the conditions (if any)
        to which the visa held, or last held, by the applicant is, or was,
        subject. 456.22 Criteria to be satisfied at time of decision 456.221
        (1) The applicant meets the requirements of subclause (2) or (3).

(2) The applicant meets the requirements of this subclause if:

   (a)  the applicant continues to satisfy the criteria in clauses 456.211 and
        456.212; and

   (b)  the applicant satisfies the Minister that the expressed intention of
        the applicant only to visit Australia is genuine; and

   (c)  the applicant satisfies public interest criteria 4001, 4002, 4003,
        4004, 4005 and 4011; and

   (d)  if the application is made outside Australia, and the applicant has
        previously been in Australia, the applicant satisfies special return
        criteria 5001, 5003, 5005, 5007, 5008 and 5009; and

   (e)  if the application is made in Australia:

        (i)    the applicant has complied substantially with the conditions
               (if any) to which the visa held, or last held, by the applicant
               is, or was subject; and

        (ii)   the Minister is satisfied that the further period of stay in
               Australia is not sought for the purpose of commencing,
               continuing or completing any studies; and

        (iii)  the applicant produces evidence of adequate arrangements for
               health insurance to cover possible medical or hospital
               expenses; and

        (iv)   the Minister is satisfied that the applicant intends to comply
               with any conditions subject to which the visa is granted; and

        (v)    if, at the time of application, the applicant was:

                (A)  the holder of a student visa on the grounds of having
                     satisfied the primary criteria for that visa; and

                (B)  the student is under a scholarship scheme or training
                     program that is approved by AusAID:
the applicant has the support of AusAID for the grant of the visa; and

   (f)  if the grant of the visa would result in the applicant being
        authorised to stay in Australia for more than 12 consecutive months as
        the holder of 1 or more visas of any of the following kinds:

        (i)    Subclass 417 (Working Holiday);

        (ii)   Subclass 456 (Business (Short Stay));

        (iii)  Subclass 670 (Tourist (Short Stay));

        (iv)   Subclass 672 (Business (Short Stay));

        (v)    Subclass 673 (Close Family (Short Stay));

        (vi)   Subclass 674 (Other (Short Stay));

        (vii)  Subclass 676 (Tourist (Short Stay));

        (viii) Subclass 680 (Tourist (Long Stay));

        (ix)   Subclass 682 (Business (Long Stay));

        (x)    Subclass 683 (Close Family (Long Stay));

        (xi)   Subclass 684 (Other (Long Stay));

        (xii)  Subclass 686 (Tourist (Long Stay));

        (xiii) a transitional (temporary) visa that the applicant is taken to
               hold because before 1 September 1994 he or she held, or applied
               for, a Group 2.3 (visitor) visa or entry permit or a Group 2.4
               (visitor (short stay)) visa or entry permit within the meaning
               of the Migration (1993) Regulations-
the applicant satisfies the Minister that exceptional reasons exist for the
grant of the visa.

(3) An applicant satisfies the requirements of this subclause if the
applicant:

   (a)  is in Australia; and

   (b)  satisfies the Minister that the expressed intention of the applicant
        only to visit Australia is genuine; and

   (c)  satisfies the Minister that the applicant intends to comply with any
        conditions subject to which the visa is granted; and

   (d)  has compelling personal reasons for the grant of the visa; and

   (e)  satisfies public interest criterion 4005. 456.3 SECONDARY CRITERIA
        456.31 Criteria to be satisfied at the time of application 456.311 The
        applicant is a spouse or dependent child of a person who is an
        applicant for a Temporary Business Entry (Class UC) visa. 456.312 If
        the application is made in Australia, the applicant has complied
        substantially with the conditions (if any) to which the visa held, or
        last held, by the applicant is, or was, subject. 456.313 The applicant
        does not intend to engage in:

   (a)  any course:

        (i)    leading to the completion of a primary or secondary education
               program; or

        (ii)   leading to a degree, diploma, trade certificate or other formal
               award; or

   (b)  any other course (other than a language training program) completion
        of which may be unconditionally credited towards, or accepted as a
        prerequisite for, a course of studies at a higher educational
        institution within or outside Australia. 456.32 Criteria to be
        satisfied at time of decision 456.321 The applicant is a spouse or
        dependent child of a person who, having satisfied the primary
        criteria, is the holder of a Subclass 456 visa.

456.322 The applicant, or the person who satisfies the primary criteria,
produces to the Minister evidence of adequate means to support the applicant
during the period of stay applied for by the applicant. 456.323 The applicant
satisfies public interest criteria 4001, 4002, 4003, 4004, 4005 and 4011.
456.324 If the grant of the visa would result in the applicant being
authorised to stay in Australia for more than 12 consecutive months as the
holder of 1 or more visas of any of the following kinds:

   (a)  Subclass 417 (Working Holiday);

   (b)  Subclass 456 (Business (Short Stay));

   (c)  Subclass 670 (Tourist (Short Stay));

   (d)  Subclass 672 (Business (Short Stay));

   (e)  Subclass 673 (Close Family (Short Stay));

   (f)  Subclass 674 (Other (Short Stay));

   (g)  Subclass 676 (Tourist (Short Stay));

   (h)  Subclass 680 (Tourist (Long Stay));

   (i)  Subclass 682 (Business (Long Stay));

   (j)  Subclass 683 (Close Family (Long Stay));

   (k)  Subclass 684 (Other (Long Stay));

   (l)  Subclass 686 (Tourist (Long Stay));

   (m)  a transitional (temporary) visa that the applicant is taken to hold
        because before 1 September 1994 he or she held, or applied for, a
        Group 2.3 (visitor) visa or entry permit or a Group 2.4 (visitor
        (short stay)) visa or entry permit within the meaning of the Migration
        (1993) Regulations- the applicant satisfies the Minister that
        exceptional reasons exist for the grant of the visa. 456.325 If the
        application is made outside Australia and the applicant has previously
        been in Australia, the applicant satisfies special return criteria
        5001, 5003, 5005, 5007, 5008 and 5009. 456.326 The Minister is
        satisfied that the grant of the visa would not prejudice the rights
        and interests of any person who has custody or guardianship of, or
        access to, the applicant. 456.327 The applicant satisfies the Minister
        that the expressed intention of the applicant only to visit Australia
        is genuine. 456.4 CIRCUMSTANCES APPLICABLE TO GRANT 456.411 If the
        applicant is outside Australia at the time of application, the
        applicant must be outside Australia at the time of grant. 456.412 If
        the applicant is in Australia at the time of application, the
        applicant must be in Australia at the time of grant. 456.5 WHEN VISA
        IS IN EFFECT 456.511 Subject to clause 456.514, if:

   (a)  at the time of grant, the applicant is outside Australia; and

   (b)  the visa is granted outside Australia (otherwise than to a non-citizen
        who applies as the representative of a foreign government); and

   (c)  no fee is paid in respect of the application- a temporary visa
        permitting the holder:

   (d)  to travel to, and enter, Australia on one occasion within 1 month from
        the date of grant of the visa; and

   (e)  to remain in Australia for a period (not exceeding 1 month) specified
        by the Minister, from the date of entry. 456.512 Subject to clause
        456.514, if, at the time of grant, the applicant is outside Australia
        and:

   (a)  the visa is granted outside Australia to a non-citizen who applied as
        the representative of a foreign government; or

   (b)  the visa is granted outside Australia and a fee was paid in respect of
        the application; or

   (c)  the visa is granted in Australia to an applicant on behalf of whom the
        application for the visa was made by an approved nominator- a
        temporary visa permitting the holder:

   (d)  to travel to, and enter, Australia on multiple occasions for 5 years
        or the life of the applicant's passport (to a limit of 10 years),
        whichever period is greater, from the date of grant of the visa; and

   (e)  to remain in Australia for 3 months from the date of entry. 456.513
        Subject to clause 456.514, if, at the time of grant, the applicant is
        in Australia-a temporary visa permitting the holder:

   (a)  to remain in Australia for 3 months from the date of grant; and

   (b)  if the holder leaves Australia during the visa period:

        (i)    to travel to and enter Australia on multiple occasions until a
               date specified by the Minister for the purpose; and

        (ii)   to remain in Australia for a period of 3 months from the date
               of entry on each occasion. 456.514 If the visa is granted to
               the spouse or a dependent child of another person who is the
               holder of a Subclass 456 visa-a temporary visa having the same
               effect as the visa granted to that other person. 456.6
               CONDITIONS 456.611 Condition 8112 must be imposed. 456.7 WAY OF
               GIVING EVIDENCE 456.711 Visa label affixed to a valid passport.