Commonwealth Numbered Regulations

1996 No. 75 MIGRATION REGULATIONS (AMENDMENT) - SCHEDULE 4

                           SCHEDULE 4                  Regulation 15

AMENDMENTS OF SCHEDULE 5 TO THE MIGRATION REGULATIONS 1. Schedule 5 1.1 Part 1
(heading): Omit the heading, substitute:

"SPECIAL RETURN CRITERIA" 1.2 Clause 5001: Omit the clause, substitute:

"5001. The applicant is not:

   (a)  a person who left Australia while the subject of a deportation order
        under:

        (i)    section 200 of the Act; or

        (ii)   section 55, 56 or 57 of the Act as in force on and after 19
               December 1989 but before 1 September 1994; or

        (iii)  section 12, 13 or 14 of the Act as in force before 19 December
               1989; or

   (b)  a person whose visa has been cancelled under subsection 501 (1) of the
        Act because the Minister, having regard to the person's past criminal
        conduct, was satisfied that the person was not of good character.".
        1.3 Clause 5002: Omit the clause, substitute:

"5002. If the applicant is a person who has been removed from Australia under
section 198, 199 or 205 of the Act:

   (a)  the application is made more than 12 months after the removal; 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 12 months after the removal.". 1.4
               Clauses 5003 to 5009: Omit the clauses. 1.5 Paragraph 5010 (1)
               (c): Omit the paragraph, substitute:

"(c) 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 waiver
               of the requirements of paragraphs (a) and (b).". 1.6 Subclause
               5010 (2): Omit the subclause, substitute:

"(2) In subclause (1), 'subsidised course' means a course of studies lasting
more than 12 months undertaken with the approval of the Minister for the time
being administering AusAID.". 1.7 Part 2: Omit the Part.