Commonwealth Numbered Regulations

1996 No. 75 MIGRATION REGULATIONS (AMENDMENT) - SCHEDULE 3

                           SCHEDULE 3                  Regulation 14

AMENDMENTS OF SCHEDULE 4 TO THE MIGRATION REGULATIONS 1. Schedule 4 1.1 Omit
the heading, substitute:
                          "SCHEDULE 4                 Regulation 1.03

PUBLIC INTEREST CRITERIA AND RELATED PROVISIONS
PART 1-PUBLIC INTEREST CRITERIA" 1.2 Add at the end:

"4013. (1) If the applicant is affected by any of the risk factors specified
in subclauses (2), (3), (4) and (5):

   (a)  the application is made more than 3 years after the cancellation of
        the visa or temporary entry permit, or the determination of the
        Minister, as the case may be, referred to in the subclause that
        relates to the applicant; or

   (b)  the Minister is satisfied that, in the particular case:

        (i)    compelling circumstances that affect the interests of
               Australia; or

        (ii)   compassionate or compelling circumstances that affect the
               interests of an Australian citizen, an Australian permanent
               resident or an eligible New Zealand citizen; justify the
               granting of the visa within 3 years after the cancellation or
               determination.

"(2) A person is affected by a risk factor if a visa previously held by the
person was cancelled under section 116 of the Act:

   (a)  because the person was found by Immigration to have worked without
        authority; or

   (b)  if the visa was of a subclass specified in Part 2 of this
        Schedule-because the person did not comply with a condition specified
        in that Part in relation to that subclass; or

   (c)  if the visa was a Subclass 773 (Border) visa and, at the time of grant
        of the visa, the person was apparently eligible for a substantive visa
        of a subclass specified in Part 2 of this Schedule-because the person
        did not comply with a condition specified in that Part in relation to
        that subclass of substantive visa.

"(3) A person is affected by a risk factor if a temporary entry permit
previously held by the person was cancelled under section 35 of the Act as in
force before 1 September 1994 because the person was found by Immigration to
have worked without authority.

"(4) A person is affected by a risk factor if a temporary entry permit
previously held by the person ceased to be in force as a result of a
determination made by the Minister before 1 September 1994 that the person had
failed to comply with a terminating condition to which the entry permit was
subject.

"(5) A person is affected by a risk factor if, before 1 September 1994, the
person left Australia because the Minister made a determination under
regulation 2.38 of the Migration (1993) Regulations that the person
contravened a condition of an entry permit held by the person, whether or not
the period of effect of that entry permit had expired at the time of the
determination.

"4014. (1) If the applicant is affected by either of the risk factors
specified in subclauses (2) and (4):

   (a)  the application is made more than 3 years after the departure of the
        person from Australia referred to in that subclause; or

   (b)  the Minister is satisfied that, in the particular case:

        (i)    compelling circumstances that affect the interests of
               Australia; or

        (ii)   compassionate or compelling circumstances that affect the
               interests of an Australian citizen, an Australian permanent
               resident or an eligible New Zealand citizen; justify the
               granting of the visa within 3 years after the departure.

"(2) Subject to subclause (3), a person is affected by a risk factor if the
person left Australia after the expiry of a period of grace that applied to
the person under section 13 of the Act as in force before 1 September 1994,
being a period of grace that expired before 1 September 1994.

"(3) Subclause (2) does not apply to a person who:

   (a)  applied for review by a review officer, the Immigration Review
        Tribunal or the Refugee Review Tribunal; and

   (b)  left Australia within 7 days of being notified of the decision on the
        application for review.

"(4) Subject to subclause (5), a person is affected by a risk factor if the
person left Australia as:

   (a)  an unlawful non-citizen; or

   (b)  the holder of a bridging visa class C, D or E.

"(5) Subclause (4) does not to apply to a person if:

   (a)  the person left Australia within 28 days after a substantive visa held
        by the person ceased to be in effect or an entry permit held by the
        person expired, as the case requires; or

   (b)  a bridging visa held by the person at the time of departure was
        granted:

        (i)    within 28 days after a substantive visa held by the person
               ceased to be in effect or an entry permit held by the person
               expired, as the case requires; or

        (ii)   while the person held another bridging visa granted:

                (A)  while the person held a substantive visa; or

                (B)  within 28 days after a substantive visa held by the
                     person ceased to be in effect or an entry permit held by
                     the person expired, as the case may be.".



"PART 2-CONDITIONS APPLICABLE TO CERTAIN SUBCLASSES OF
VISAS FOR THE PURPOSES OF SUBCLAUSE 4013 (2)
Column 1    Column 2                            Column 3

Item No.    Visa Subclass                       Conditions

4051        410  (Retirement)                   8101

4052        419  (Visiting Academic)            8103

4053        425  (Family Relationship)          8101

4054        432  (Expatriate)                   8101

4055        442  (Occupational Trainee)         8202 or 8102

4056        560  (Student)                      8101, 8104, 8105,

8202, 8501, 8517 or
8518
4057        562  (Iranian Postgraduate Student) 8105, 8202, 8501 or

8517
4058        563  (Iranian Postgraduate Student

                 (Dependant))                   8104, 8501 or 8518

4059        661  (Tourist (Special Arrangements))

8101 or 8201
4060        670  (Tourist (Short Stay))         8101 or 8201

4061        672  (Business Visitor (Short Stay))

8201
4062        673  (Close Family Visitor (Short Stay))

8101 or 8201
4063        674  (Visitor (Other) (Short Stay)) 8101 or 8201

4064        675  (Medical Treatment (Short Stay))

8101 or 8201
4065        676  (Tourist (Short Stay))         8101 or 8201

4066        680  (Tourist)                      8101 or 8201

4067        682  (Business Visitor)             8201

4068        683  (Close Family Visitor)         8101 or 8201

4069        684  (Visitor (Other))              8101 or 8201

4070        685  (Medical)                      8101 or 8201

4071        686  (Tourist (Long Stay))          8101 or 8201

4072        771  (Transit)                      8101 or 8201

4073        956  (Electronic Travel Authority

(Business Entrant-Long Validity))
8201
4074        976  (Electronic Travel Authority (Visitor))

8101 or 8201
4075        977  (Electronic Travel Authority

(Business Entrant-Short Validity))
8201".