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MIGRATION ACT 1958 - SECT 276 Immigration assistance

MIGRATION ACT 1958 - SECT 276

Immigration assistance

  (1)   For the purposes of this Part, a person gives immigration assistance if the person uses, or purports to use, knowledge of, or experience in, migration procedure to assist a visa applicant or cancellation review applicant by:

  (a)   preparing, or helping to prepare, the visa application or cancellation review application; or

  (b)   advising the visa applicant or cancellation review applicant about the visa application or cancellation review application; or

  (c)   preparing for proceedings before a court or review authority in relation to the visa application or cancellation review application; or

  (d)   representing the visa applicant or cancellation review applicant in proceedings before a court or review authority in relation to the visa application or cancellation review application.

  (2)   For the purposes of this Part, a person also gives immigration assistance if the person uses, or purports to use, knowledge of, or experience in, migration procedure to assist another person by:

  (a)   preparing, or helping to prepare, a document indicating that the other person nominates or sponsors a visa applicant for the purposes of the regulations; or

  (b)   advising the other person about nominating or sponsoring a visa applicant for the purposes of the regulations; or

  (c)   representing the other person in proceedings before a court or review authority that relate to the visa for which the other person was nominating or sponsoring a visa applicant (or seeking to nominate or sponsor a visa applicant) for the purposes of the regulations.

  (2A)   For the purposes of this Part, a person also gives immigration assistance if the person uses, or purports to use, knowledge of, or experience in, migration procedure to assist another person by:

  (a)   preparing, or helping to prepare, a request to the inister to exercise his or her power under section   351, 417 or 501J in respect of a decision (whether or not the decision relates to the other person); or

  (aa)   preparing, or helping to prepare, a request to the inister to exercise a power under section   195A, 197AB or 197AD (whether or not the exercise of the power would relate to the other person); or

  (b)   advising the other person about making a request referred to in paragraph   (a) or (aa).

  (2B)   For the purposes of this Part, a person also gives immigration assistance if the person uses, or purports to use, knowledge of, or experience in, migration procedure to assist another person by:

  (a)   preparing, or helping to prepare, a representation to the Minister to exercise the Minister's power:

  (i)   under subsection   501C(4) to revoke a decision to refuse to grant, or to cancel, a visa (whether or not the decision relates to the other person); or

  (ii)   under subsection   501CA(4) to revoke a decision to cancel a visa (whether or not the decision relates to the other person); or

  (b)   advising the other person about making a representation mentioned in paragraph   (a).

Note:   Sections   501C and 501CA provide for the revocation of decisions to refuse or cancel visas on character grounds.

  (3)   Despite subsections   (1), (2), (2A) and (2B), a person does not give immigration assistance if he or she merely:

  (a)   does clerical work to prepare (or help prepare) an application or other document; or

  (b)   provides translation or interpretation services to help prepare an application or other document; or

  (c)   advises another person that the other person must apply for a visa; or

  (d)   passes on to another person information produced by a third person, without giving substantial comment on or explanation of the information.

  (4)   A person also does not give immigration assistance in the circumstances prescribed by the regulations.

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