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MIGRATION REGULATIONS (AMENDMENT) 1997 NO. 109
EXPLANATORY STATEMENTStatutory Rules 1997 No. 109
Issued by the authority of the Minister for Immigration and Multicultural Affairs
Migration Act 1958
Migration Regulations (Amendment)
Section 504 of the Migration Act 1958 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, to prescribe all matters which are required or permitted to be prescribed by the Act or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.
Without limiting the generality of section 504, particular provision is made for and in relation to the following matters:
- paragraph 504(1)(a) of the Act provides that the Regulations may provide for the charging and recovery of fees in respect of any matter under the Act or the Regulations;
- paragraph 504(1)(b) of the Act provides that the Regulations may make provision for the remission, refund or waiver of fees which may be prescribed by the Regulations, and for exempting persons from the payment of such fees; and
- paragraph 504(1)(e) of the Act provides that regulations may be made in relation to the giving, lodging and serving of documents for the purposes of the Act by the Minister, the Secretary or any other person or body.
In addition, regulations may be made pursuant to the following powers..
- subsection 29(2) of the Act provides that the Regulations may prescribe a period during which the holder of a visa may travel to, enter and remain in Australia;
- subsection 29(3) of the Act provides that the Regulations may prescribe a period during which the holder of a visa may travel to, enter, re-enter and remain in Australia;
- subsection 31(1) of the Act provides that the Regulations are to prescribe classes of visas;
- subsection 31(3) of the Act provides that the Regulations may prescribed criteria for visas of a specified class;
- subsection 31(4) of the Act provides for the Regulations to prescribe whether visas are visas to travel to and enter, or remain in Australia, or both;
- subsection 40(1) of the Act provides that the Regulations may provide that visas, or visas of a specified class, may only be granted in specified circumstances;
- section 41 of the Act provides that, without limiting the generality of the section, the Regulations may provide that visas, or visas of a specified class, are subject to specified conditions, including but not limited to a condition that a further visa cannot be granted and a condition restricting work rights;
- subsection 45(1) of the Act provides that the Regulations may make provision in relation to applications for visas;
- subsection 45(3) of the Act provides that, without limiting the generality of subsection 45(1), the Regulations may provide for the place in which an applicant must be when an application for a visa of a specified class is made.,
- subsection 58(2) of the Act provides for a period to be prescribed within which additional information or comments are to be given in response to the Minister's invitation to give further information or comments otherwise than at an interview;
- subsection 58(4) of the Act provides that a period may be prescribed for which the Minister may extend the period within which a person is to respond to an invitation to give further information or comments otherwise than at an interview;
- subsection 58(5) of the Act provides for prescribing a period by which the period prescribed under subsection 58(4) may be extended;
- section 61 of the Act provides that the Regulations may prescribe different time limits relating to responses to an invitation to give additional information or comment on an application;
- paragraph 339(1)(b) of the Act provides for the Regulations to prescribe the place Where, and the period within which, an application for internal review must be lodged;
- paragraph 339(1)(c) of the Act provides for the fee which is to accompany an application for internal review to be prescribed;
- paragraph 347(1)(b) of the Act provides for the period within which a application for review of an Immigration Review Tribunal ("IRT")-reviewable decision must be given to the Tribunal to be prescribed;
- paragraph 347(1)(c) of the Act provides for the fee which is to accompany an application for review of an IRT-reviewable decision is to be prescribed;
- subsection 347(5) of the Act provides that regulations made pursuant to paragraph 347(1)(b) may specify different periods within which an application must be lodged in relation to different classes of IRT-reviewable decisions; and
- paragraph 412(1)(b) of the Act provides for the period within which an application for review of an Refugee Review Tribunal ("RRT")-reviewable decision must be given to the Tribunal to be prescribed.
The purposes of the Regulations are to amend the Migration Regulations to reflect the Government's objective of further reforming the Migration program to accord with the needs of the Australian community. In particular, the Regulations will:
- make a minor technical amendment to the definition of the term "Commonwealth Medical Office?' as a result of the corporatisation of the Australian Government Health Service (regulation 3);
- stipulate evidentiary requirements for those visa applicants claiming beneficial ownership of assets, eligible investments or ownership interests under criteria in the Business Skills (Migrant)(Class AD) and the Business Skills (Residence)(Class BH) visa subclasses (regulations 4, 38 to 42 and 52 to 57);
- clarify that the limitations for sponsorships or nominations for spouse, prospective spouse or interdependent partner applicants apply where a person has previously sponsored or nominated a spouse, prospective spouse or interdependent partner for a visa, entry permit, or any other type of permission to remain indefinitely in Australia (regulation 5);
- give effect to the recommendations of the Joint Standing Committee on Migration in its report, Australia's Visa System for Visitors, to clarify certain ambiguities, broaden the statistical base and gazette identified classes of persons in relation to clause 4011 of Schedule 4 to the Regulations (regulations 6 and 59);
- amend regulation 5.03 to clarify when applicants are taken to have received documents and provide a link between that and other regulations which make reference to receipt by the applicant of a document, invitation, statement or notice (regulations 7, 8, 10, 15, 16, 20, 21, 23, 26 to 28 and 30);
- amend regulations 2.16 and 4.07 to specify where decisions are to be sent for the purposes of section 53 of the Act (regulations 9 and 14),
- shorten the period within which applications for internal review or ' review by the IRT or RRT of a decision may be lodged (regulations 10, 16 and 23);
- increase the fees for applications for internal review and for review of IRT-reviewable decisions and limit the refund provisions (regulations 12, 13, 18 and 19);
- omit the provision for remuneration and allowances of the first full time member of the Refugee Review Tribunal which is redundant because section 463 of the Act has been repealed (regulation 22);
- introduce a fee for review for RRT-reviewable decisions which is payable unless the RRT determines that the applicant is a person to whom Australia has protection obligations under the Refugees Convention as amended by the Refugees Protocol or the Minister substitutes a favourable decision under section 417 of the Act (regulation 25);
- increase the fees payable for standard skills assessment, internal review and optional priority skills. assessment, in line with the Government's objective to increase cost recovery (regulation 31);
- introduce a new visa Subclass 846 (State/Territory Sponsored Regional Established Business in Australia) to facilitate regional business migration (regulations 32, 58 and 60);
- restrict the ability to work of persons who lodge protection visa applications, on or after 1 July 1997, such that if they have been in Australia for 14 days or more in the year prior to their application they are ineligible for a bridging visa with per-mission to work (regulations 33 to 37);
- introduce an additional criterion for applicants of certain Special Assistance Category visas which will render them ineligible for grant of such visas if they are eligible for a permanent visa of any other class (regulations 43 to 46);
- reduce the maximum period for which certain temporary visa applicants may stay in Australia without sponsorship, from 4 months to 3 months, so that from 1 July 1997 applicants for certain temporary residence visas will be required to have a sponsor if they intend a stay in Australia for more than 3 months (regulations 47 to 51); and
- make minor technical amendments (regulations 7, 11, 17, 24, 29 and subregulation 57.1).
Details of the Regulations are set out in the Attachment.
The Regulations commence on 1 July 1997.
ATTACHMENT
Regulation 1 - Commencement
This regulation provides that these Regulations commence on 1 July 1997.
Regulation 2 - Amendment
This regulation provides for the Migration Regulations to be amended as set out in these Regulations.
Regulation 3 - Regulation 1.03 (Interpretation)
This regulation extends the definition of the term "Commonwealth Medical Officer" for the purposes of medical examinations for visa applicants as a result of the corporatisation of the Australian Government Health Service.
Regulation 4 - New Regulation 1.11A
The purpose of this regulation is to insert new regulation 1.11A to specify the evidence required to demonstrate beneficial ownership by an applicant, or his or her spouse, of an asset, eligible investment or ownership interest.
Subregulation 1.11 A(1) requires that for the purposes of the Business Skills (Migrant) (Class AD) and the Business Skills (Residence)(Class BH) visa classes, beneficial ownership can only be evidenced in accordance with the requirements set out in subregulation 1.11 A(2).
Subregulation 1.11A(2) specifies that beneficial ownership must be evidenced by a trust instrument, or a contract or other document which is capable of being used to enforce ownership rights. It also requires that the document be registered or stamped by an appropriate authority in the jurisdiction where the asset is located.
Subregulation 1.11A(3) provides that a document is not evidence of beneficial ownership before the date on which it was registered or stamped.
Subregulation 1.11A(4) exempts from the evidence requirements an applicant, or their spouse, whose dependent child has legal ownership of an asset where that child has made a combined application with the applicant and has not reached the age where he or she can claim the benefits of ownership in the jurisdiction where the asset, eligible investment or ownership interest is located.
Regulation 5 - Regulation 1.20J (Limitation on approval of sponsorships and nominations spouse. prospective spouse and interdependency visas)
The purpose of this regulation is to amend regulation 1.20J to extend the limitation upon multiple sponsorships or nominations for a spouse, prospective spouse or interdependent partner visa to the sponsorship or nomination of persons who were previously granted either an entry permit or other type of permission as the spouse, prospective spouse or interdependent partner of their sponsor or nominator.
Subregulations 5.1, 5.2 and 5.3 amend paragraphs 1.20J(1)(c), (d) and (e) respectively to ensure that provisions relating to sponsors or nominees include persons who have sponsored or nominated a spouse, prospective spouse or interdependent partner for any type of permission to remain indefinitely in Australia. This is achieved by making those provisions subject to the definition of "relevant permission" in new subregulation 1.20J(1A).
Subregulation 5.4 inserts a definition of "relevant permission" which includes entry permits and other types of permission granted under the Act which allow persons to remain indefinitely in Australia, to ensure that these types of previous sponsorships or nominations must be taken into account when making a decision whether to grant a visa.
Regulation 6 - Regulation 2.06A (Certain visas to state period that holder may stay in Australia)
This regulation omits regulation 2.06A so that the length of stay for applicants for a Tourist (Long Stay) Subclass 686 visa to whom the risk factor applies can be decided on the same basis as other Subclass 686 visa applicants to whom the risk factor does not apply.
Regulation 7 - Regulation 2.12D (Prescribed period for payment of unpaid amount of visa application charge (Act, subsection 64 (2)))
In addition to the insertion of a Note as specified below, the purpose of this regulation is to amend paragraphs 2.12D(a) and 2.12D(b) to omit words which are repetitious and therefore unnecessary.
Regulations 7, 8, 10, 15, 16, 20, 21, 23, 26, 27 and 28
Regulation 2.12D (Prescribed period for payment of unpaid amount of visa application charge (Act, subsection 64 (2)))
Regulation 2.15 (Response to invitation to give information or comments - prescribed periods)
Regulation 4.02 (Application-for internal review)
Regulation 4.08 (Response to invitation to give information or comments on internal review of decision - prescribed periods)
Regulation 4.10 (Time for lodgment of application for review by the Tribunal)
Regulation 4.17 (Time limits etc. in relation to other evidence - bridging visa decisions)
Regulation 4.18 (Time limits etc. in relation to other evidence - decisions other than bridging visa decisions)
Regulation 4.31 (Applications)
Regulation 4.35 (Time limit for providing evidence)
Regulation 4.40 (Notice of decision of Tribunal)
Regulation 4.41 (Service of documents)
These regulations insert a Note into each of the above provisions to provide that reference should be made to regulation 5.03 when determining when an applicant received a document, notice, invitation or statement.
Regulations 9 and 14
Regulation 2.16 (Notification of decision on visa application)
Regulation 4.07 (Notification of decision of review officer)
The purpose of these regulations is to clarify to which address a decision on a visa application should be sent under section 53 of the Act.
These regulations amend paragraphs 2.16(1)(c) and 4.07(1)(a) respectively to provide that the decision must be sent to the person or address specified by the applicant according to subsection 53(4) of the Act, or if no such address is provided, to the last address given to the Minister by the applicant under subsections 53 (1) or 53 (2) of the Act.
Regulation 10 - Regulation 4.02 (Application for internal review)
In addition to inserting a Note as specified above, the purpose of this regulation is to provide that in relation to decisions made on or after 1 July 1997, an application for internal review can only be made within 14 days of the applicant being notified of the internally-reviewable decision.
Regulation 11 - Regulation 4.03 (Combined applications for internal review)
The purpose of this regulation is to make consequential amendments as a result of provisions inserted in the Regulations by Statutory Rules 1996 No. 211.
Subregulations 11.1 and 11.2 amend paragraphs 4.03(1)(a) and 4.03(3)(a) respectively to include a reference to regulations 2.08A and 2.08B, so that applicants who have made a combined application in a way permitted by those provisions can make a combined application for internal review.
Regulation 12 - Regulation 4.04 (Internal review- prescribed fee and waiver)
This regulation increases the fee payable for an application for internal review made on or after 1 July 1997 from $200 to $500, in line with the Government's objective to increase costrecovery in relation to the review of decisions.
Regulation 13 - Regulation 4.05 (Refund of fee for internal review)
This regulation omits provisions relating to refund of a fee where a review authority sets aside or varies the decision or where the decision is remitted to the original decision maker for reconsideration.
Regulation 16 - Regulation 4.10 (Time for lodgement of application for review by the Tribunal)
In addition to inserting a Note as specified above, the purpose of this regulation is to provide that in relation to decisions made on or after 1 July 1997, an application for an Immigration Review Tribunal ("IRT")-reviewable decision can only be made within 14 days of the applicant being notified of the IRT-reviewable decision.
Regulation 17 - Regulation 4.12 (Combined applications for review by the Tribunal)
The purpose of this regulation is to make consequential amendments as a result of provisions inserted in the Migration Regulations by Statutory Rules 1996 No. 211.
Subregulations 17.1, 17.2 and 17.3 amend paragraphs 4.12(2)(a), 4.12(5)(a) and 4.12(6)(a) respectively to include reference to regulations 2.08A and 2.08B, so that applicants who made a combined application in a way permitted by those provisions can make a combined application for review by the IRT.
Regulation 18 - Regulation 4.13 (Review by the Tribunal - prescribed fee and waiver)
This regulation increases the fee payable for an application made, on or after 1 July 1997, for review by the IRT from $200 to $500, in line with the Government's objective to increase cost-recovery in relation to the review of decisions.
Regulation 19 - Regulation 4.14 (Refund of fee for review by the Tribunal)
Subregulation 19.1 omits provisions relating to refund of a fee where a review authority sets aside or varies the decision or where the decision is remitted to the original decision maker for reconsideration.
Subregulation 19.2 inserts a further limitation into subregulation 4.14(3) so that it only applies
to applications made on or after 1 November 1995 and before 1 July 1997.
Regulation 22 - Regulation 4.30 (Remuneration and allowances)
This regulation omits regulation 4.30 which provides for the remuneration and allowances of the first full-time member of the Refugee Review Tribunal ("RRT"). It became redundant when section 463 of the Act was repealed by Act No. 110 of 1995.
Regulation 23 - Regulation 4.31 (Applications)
In addition to inserting a Note as specified above, the purpose of this regulation is to provide that in relation to decisions made on or after 1 July 1997, an application for an RRT-reviewable decision can only be made within 14 days of the applicant being notified of the RRT-reviewable decision. This regulation only applies to persons who are not in immigration detention.
Regulation 24 - Regulation 4.31A (Combined application for review by the Tribunal)
The purpose of this regulation is to make consequential amendments in relation to provisions inserted in the Migration Regulations by Statutory Rules 1996 No. 211 by amending paragraph 4.31A(1)(a) so that applicants who have made a combined application under regulations 2.08A and 2.08B are able to make a combined application for review by the RRT.
Regulation 25 - New regulations 4.31 B and 4.31C
This regulation inserts new regulations 4.31B and 4.31C, which provide that a fee is payable for decisions made by the RRT in relation to applications lodged on or after 1 July 1997. The fee is only payable if the RRT determines that an applicant is not a person to whom Australia owes protection obligations under the Refugees Convention. Waiver and refund provisions have been inserted to ensure that applicants who meet the Convention definition of refugee do not have to pay the fee.
New regulation 4.31B imposes a $1000 fee for review by the RRT. As an exception to this fee, no fee is payable if the Tribunal determines that the applicant is a person to whom Australia has protection obligations, and no further fee is payable if the matter is remitted by court to the Tribunal.
New regulation 4.31C provides for the fee to be refunded or waived where the decision is remitted to the Tribunal by a court and the Tribunal has found that Australia has protection obligations toward that applicant, or where the Minister has substituted a decision that is favourable to the applicant under section 417 of the Act.
Regulation 29 - Regulation 5.01 (Interpretation)
This regulation inserts a definition of "review officer" at the end of regulation 5.01, which makes reference to section 337 of the Act, so that the meaning in that section is extended to Division 5. 1 of the Regulations.
Regulation 30 - Regulation 5,03 (Time of receipt of document etc. that is sent)
The purpose of this regulation is to specify that the applicant is deemed to receive a document sent by the Minister, a Tribunal or a review officer when it is received at the address to which it was sent.
Subregulation 30.1 inserts subregulation 5.03(1A) to provide that regulation 5.03 applies to a document sent by the Minister, a Tribunal or a review officer to an applicant.
Subregulation 30.2 amends subregulation 5.03 to provide that, subject to the Act and the Regulations, the applicant is considered to have received a document on the day prescribed in this regulation.
Regulation 31 - Regulation 5.40 (Fee for assessment of a person's work qualifications and experience)
Subregulation 31.1 increases the current fee payable for a standard skills assessment from $280 to $355 to increase cost-recovery for such assessments.
Subregulation 31.2 increases the current fee payable for an optional priority skills assessment from $470 to $540 to increase cost-recovery for such assessments.
Subregulation 31.3 increases the cur-rent fee payable on an application for internal review of a standard skills assessment or an optional priority skills assessment from 5280 to 5355 to increase cost-recovery for such assessments.
Regulation 32 - Schedule 1 (Classes of visas)
Subregulation 32.1 inserts a new Subclass 846 (State/Territory Sponsored Regional Established Business in Australia) into the Business Skills (Residence) (Class BH) visa class.
Regulations 33 to 37 - Schedule 2
Part 0 10 (Bridging visa A)
Part 020 (Bridging visa B)
Part 030 (Bridging visa C)
Part 050 (Bridging visa (General))
Part 051 (Bridging visa (Protection Visa Application))
The purpose of these regulations is to ensure that applicants who apply for a protection visa on or after 1 July 1997 and who, at the date of their application have been in Australia for 14 days-or more in the preceding year, are ineligible for a bridging visa with permission to work.
Regulations 38 to 42 and 52 to 58 - Schedule 2
Part 127 (Business Owner)
Part 128 (Senior Executive)
Part 129 (State/Territory Sponsored Business Owner)
Part 130 (State/Territory Sponsored Senior Executive)
Part 131 (Investment-linked)
Part 840 (Business Owner)
Part 841 (Senior Executive)
Part 842 (State/Territory Sponsored Business Own
Part 843 (State/Territory Sponsored Senior Executive)
Part 844 (Investment-linked)
Part 845 (Established Business in Australia)
New Part 846 (State/Territory Sponsored Regional Established Business in Australia)
These regulations insert a Note into the provisions for each of the above visa subclasses stating that beneficial ownership of an asset, eligible investment or ownership interest must be evidenced according to the requirements of the new regulation 1.11A for the purpose of the relevant subclass.
Regulation 41 - Schedule 2, Part 130 (State/Territory Sponsored Senior Executive)
In addition to inserting a Note as specified above, this regulation makes a minor technical
amendment to subclause 130.213(3) of Part 130 to make it clear that the requirements of the subclause are mandatory.
Regulations 43 to 46 - Schedule 2
Part 209 (Citizens of the Former Yugoslavia (Displaced Persons))
Part 211 (Burmese in Burma)
Part 212 (Sudanese)
Part 213 (Burmese in Thailand)
These regulations insert new clauses into the above Parts to provide that a Special Assistance Category visa can only be granted under that Part if the applicant is not eligible for a permanent visa of any other class.
Regulations 47 to 51 - Schedule 2
Part 415 (Foreign Government Agency)
Part 418 (Educational)
Part 421 (Sport)
Part 423 (Media and Film Staff)
Part 424 (Public Lecturer)
These regulations revise the requirement for a sponsorship of an application for a visa of one of the above subclasses to a period of stay of greater than 3 months compared to the previous requirement which related to a period of stay of greater than 4 months.
Regulation 51 - Schedule 2, Part 424 (Public Lecturer)
In addition to altering the sponsorship requirements as specified above, this regulation makes technical amendments to subparagraphs 424.211 (d)(11) and 424.211 (e)(ii), so that the correct reference is made to Schedule 3 criteria instead of Schedule 6 criteria.
Regulation 57 - Schedule 2, Part 845 (Established Business in Australia)
In addition to the insertion of a Note as specified above, this regulation makes a minor amendment to clause 845.711 to ensure that the visa label is attached to a valid passport, to ensure consistency in the criteria for all subclasses of the Business Skills (Residence)(Class BH) visa class.
Regulation 58 - Schedule 2, new Part 846
This regulation inserts a new Part 846 into Schedule 2 - Subclass 846 - State/Territory Sponsored Regional Established Business in Australia. The new subclass is based on Subclass 845 - Established Business in Australia - but has a regional component to encourage businesses to establish in regional areas of Australia. The introduction of this subclass was recommended by a Commonwealth/State/Territory working party in a report entitled Migration to Regional Australia and the less Populated States and Territories.
The criteria for new Subclass 846 are set out in the Schedule to these Regulations.
Regulation 59 - Schedule 4 (Public interest criteria and related provisions)
Subregulation 59.1 makes a technical amendment to subclause 4011 (1),
Subregulation 59.2 provides that the applicant is affected by the risk factor if the applicant has all the characteristics of a class of persons specified by the Minister by Gazette Notice for the purposes of paragraph 4011(2)(b).
This corrects an ambiguity whereby an applicant currently needs to meet only one of the criteria in subclause 4011(3) in order to be affected by the risk factor. The amendments will result in a person having to meet all the characteristics identified in a Gazette Notice in order to be affected by the risk factor.
Subregulation 59.3 inserts new subclause 4011(2A) into Schedule 4 to provide that the Minister must have regard to statistics prepared by the Secretary, which were taken from movement records kept by the Department of Immigration in relation to one or more of the characteristics listed in subclause 4011(3).
The statistics prepared by the Secretary under new subclause 4011(2A) show the characteristics of persons who have overstayed their visa. This will therefore include, for example, characteristics of a person who may have legitimately stayed in Australia after the expiry of his or her original visa because he or she now has a bridging visa.
Subregulation 59.4 is consequential to the amendments in subregulation 59.3, and lists the characteristics for the purposes of paragraph 4011(2)(b). The Secretary must therefore have regard to this list of characteristics when preparing statistics under new subclause 4011(2A).
Regulation 60 - Schedule 7 (Business skills points test - attributes and points)
Subregulation 60.1 inserts a new Division 1.5 into Schedule 7 as a consequence of the introduction of the new Subclass 846 - State/Territory Sponsored Regional Established Business in Australia. Division 1.5 provides for 60 or 40 points to be awarded depending on whether the business employs 3 or 2 full-time persons.
Subregulation 60.2 amends the heading to Division 3.1 of Schedule 7 to include reference to the new Subclass 846 - State/Territory Sponsored Regional Business in Australia.
Schedule
This Schedule sets out the criteria for the new Part 846 - State/Territory Sponsored Regional Established Business in Australia.
To satisfy the main criteria for this new subclass, at the time of application:
* the applicant must hold a Subclass 457 Business (Long Stay) visa.
* the applicant must have been in Australia as the holder of a temporary substantive visa for at least 1 year during the 2 years immediately preceding the making of the application;
* the applicant must have had an ownership interest in one or more established main businesses in one or more designated areas in Australia for 2 years immediately preceding the application and continue to have that interest;
* that main business (or businesses) must have had a turnover of not less than $AUD 200,000 or exported goods or services of a value of not less than $AUD 100,000 in each of those 2 years;
* the total value of the net assets of the applicant and the applicant's spouse in Australia must currently be, and for the 2 years immediately preceding the application have been, at least $AUD 200,000;
* the total value of the net assets of the main business or main businesses owned by the applicant and the applicant's spouse, in one or more designated areas, must currently be, and for the 2 years immediately preceding the date of the application have been, at least $AUD 75,000;
* throughout the 2 years immediately preceding the making of the application, the applicant, as the owner of an interest in a main business or main businesses in a designated area in Australia, must have maintained direct and continuous involvement in the management of that business or those businesses from day to day and in making decisions that affected the overall direction and performance of that business or those businesses; the applicant must overall have had a successful business career.,
* nature that is not generally acceptable in Australia;
the applicant must have notified an appropriate regional authority of a State or Territory of his or her business history in designated areas of that State or Territory and submitted a notification stating that the authority will consider sponsoring the applicant; and the applicant must sign a declaration form approved by the Minister. At the time of decision the applicant must: continue to satisfy the requirements listed above.,
* have a score on the business skills points test that is not less than that which is specified by Gazette Notice; have been sponsored by an appropriate regional authority., and
* have satisfied public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 40 10; and members of the applicant's family unit are also required to meet certain public interest criteria.
Criteria are also prescribed for applicants who are members of the family unit of a person who satisfies the primary criteria for an applicant listed above.
Applicants must be in Australia, but not in immigration clearance, at the time when the visa is granted. The visa permits the holder to travel to and enter Australia as a permanent resident on any number of occasions for 5 years from the date of grant.