Commonwealth Consolidated Acts Commonwealth Consolidated Acts" Division 1--Control of entry into Australia
On entering Australia, a non-citizen becomes an illegal entrant unless:
(a) he or she is the holder of a valid entry permit; or
(b) the entry was authorised by section 9.
"(2) Where a person to whom subsection 11A(1) or (2) applies has entered Australia (whether before or after the commencement of this section) then, at and after that commencement, or that entry, whichever is later, the person is an illegal entrant at any time while he or she:
(a) remains in Australia;
(b) is not a citizen; and
(c) does not hold a properly endorsed valid entry permit or a properly endorsed valid entry visa.
"(3) A non-citizen who is the holder of a valid entry permit becomes an illegal entrant if he or she stops being the holder of a valid entry permit while he or she is in Australia.
"(4) An exempt non-citizen becomes an illegal entrant if:
(a) while he or she is in Australia, he or she stops being an exempt non-citizen; and
(b) at that time, he or she is not the holder of a valid entry permit.
"(1) Subsection 6(1) does not apply in relation to the entry into Australia of an exempt non-citizen, not being a person in respect of whom a declaration is in force under section 8.
"(2) Subsection 6(1) does not apply in relation to the entry into Australia of a statutory visitor.
" 8 Minister may declare exempt non-citizens to be undesirable
The Minister may, in writing, declare, in relation to an exempt non-citizen, that it is undesirable that the exempt non-citizen be permitted to enter Australia or to remain in Australia.
" 9 Visa holders authorised to enter Australia in some circumstances
"(1) The holder of an entry visa (not being a statutory visitor) may enter Australia after disembarkation at a proclaimed airport.
"(2) The holder of an entry visa (not being a statutory visitor) may enter Australia if he or she:
(a) travelled to Australia on a pre-cleared flight; and
(b) did not land in any other country after leaving the country of embarkation of that pre-cleared flight and before arriving in Australia.
"(3) Except as provided by subsection (1) or (2), a visa, whenever granted, does not entitle the holder of the visa to enter Australia or to be granted an entry permit.
"(4) The Minister may, by instrument in writing, determine that this section applies to visas granted in a specified manner and form.
"(5) In this section:
"entry visa" means:
(a) a valid visa that was granted, after the commencement of section 7 of the Migration Amendment Act (No. 2) 1988 but before the commencement of this section, in a manner and form specified in a determination in force under subsection 6AA(7) of this Act at the time of the grant; or
(b) a valid visa that was granted after the commencement of this section in a manner and form specified in a determination in force under subsection (4) at the time of the grant.
" 10 Effect of visa that authorised entry into Australia
Where the holder of an entry visa within the meaning of section 9 enters Australia pursuant to that section, the visa has effect, immediately after the holder's entry, for all purposes as if it were an entry permit granted subject to any conditions, and to any limitation as to the time the holder is authorised to remain in Australia, that are specified in the visa.
" 11 Minister may declare pre-cleared flights
The Minister may, in writing, declare a specified flight by an aircraft on a specified day between a specified foreign country and Australia to be a pre-cleared flight for the purposes of section 9.
" 11A Circumstances in which non-citizens may become illegal entrants
"(1) This subsection applies to a person, being a non-citizen, who has entered Australia, whether before or after the commencement of this section, if:
(a) the person evaded an officer for the purpose of entering Australia;
(b) when, or before, the person entered Australia, he or she:
(i) produced, or caused to be produced, to an officer or a person exercising powers or performing functions under this Act, in respect of that entry:
(A) a bogus document; or
(B) a passenger card containing information that was false or misleading in a material particular; or
(ii) made, or caused to be made, to an officer or a person exercising powers or performing functions under this Act, in respect of that entry, a statement that was false or misleading in a material particular;
(c) when, or before, a visa was granted or issued in respect of the person, he or she:
(i) produced, or caused to be produced, to an officer or a person exercising powers or performing functions under this Act, in respect of the grant of that visa, a bogus document; or
(ii) made, or caused to be made, to an officer or a person exercising powers or performing functions under this Act, in respect of the grant of that visa, a statement that was false or misleading in a material particular; or
(d) when the person entered Australia, the person was:
(i) suffering from a prescribed disease or a prescribed physical or mental condition;
(ii) a person who had been convicted of a crime and sentenced to death, to imprisonment for life or to imprisonment for a period of at least one year;
(iii) a person who had been convicted of 2 or more crimes and sentenced to imprisonment for a period totalling at least one year;
(iv) a person who had been charged with a crime and either:
(A) found guilty of having committed the crime while of unsound mind; or
(B) acquitted on the ground that the crime was committed while the person was of unsound mind;
(v) a person who has been deported from Australia or another country; or
(vi) a person who has been excluded from another country in prescribed circumstances.
"(2) This subsection applies to a person, being a non-citizen, who has entered Australia, whether before or after the commencement of this section, if:
(a) after entry, an entry permit has been granted to the person authorising the person to remain in Australia; and
(b) in respect of the grant of that entry permit:
(i) the person produced a bogus document, or caused a bogus document to be produced, to an officer or a person exercising powers or performing functions under this Act; or
(ii) the person made, or caused to be made, to an officer or a person exercising powers or performing functions under this Act, a statement that was false or misleading in a material particular.
"(3) A person:
(a) to whom subsection (1) would apply if the person entered Australia; or
(b) to whom subsection (1) or (2) applies;
may give to the Secretary a notice in the prescribed form stating that the person is, for reasons specified in the notice, a person to whom the subsection concerned would apply, or applies, as the case requires.
"(3A) Where:
(a) a person has given the Secretary a section 11A notice; and
(b) a visa is granted to the person;
the person granting the visa must endorse the visa with a statement that he or she recognises the holder of the visa to be a person to whom subsection 11A(1) applies or would apply for the reasons set out in the section 11A notice.
"(4) Where:
(a) a person gives the Secretary a section 11A notice; and
(b) an entry permit is granted to the person;
the person granting the entry permit shall endorse the entry permit with a statement that he or she recognises the holder of the entry permit to be a person to whom subsection 11A(1) or (2), as the case requires, applies for the reasons set out in the section 11A notice.
"(4A) Without limiting the generality of section 67, the regulations may make provision for visas and entry permits to be endorsed for the purposes of subsections (3A) and (4) using codes or abbreviations.
"(5) For the purposes of this section, the circumstances in which a person shall be taken to have evaded an officer include, but are not limited to, the circumstances set out in subsections (6) and (7).
"(6) For the purposes of this section, a person shall be taken to have evaded an officer for the purpose of entering Australia if:
(a) the person entered Australia before 1 June 1959 while he or she was a member of the crew of, or a person included in the complement of, a vessel; and
(b) at the time of entering Australia, or at any time afterwards, the person deserted the vessel or became absent without leave.
"(7) For the purposes of this section, a person shall be taken to have evaded an officer for the purpose of entering Australia if the person entered Australia (whether before or after the commencement of this section) at a place (other than an Australian resources installation or an Australian sea installation) where no officer (other than a member of a police force) was stationed.
"(8) A reference in this section to a person producing, or causing to be produced, a bogus document is a reference to a person producing, or causing to be produced, a bogus document whether or not the person knew that the document was a bogus document.
"(9) A reference in this section to a person producing, or causing to be produced, a passenger card containing information that was false or misleading in a material particular is a reference to a person producing, or causing to be produced, such a passenger card, whether or not the person knew that the information contained in it was false or misleading in a material particular.
"(10) A reference in this section to a person making, or causing to be made, a statement that was false or misleading in a material particular is a reference to a person making, or causing to be made, such a statement, whether or not the person knew that the statement was false or misleading in a material particular.
"(11) A person who has been convicted of a crime and ordered to be confined in a corrective institution other than a prison shall for the purposes of this section be taken to have been convicted of that crime and sentenced to imprisonment for the period equal to the period during which he or she was so confined.
"(12) For the purpose of ordering the deportation of a person on the ground that the person is an illegal entrant because of subsection 6(2), the reference in this section to a prescribed disease shall be read as a reference to a disease, or a physical or mental condition, that is prescribed for the purposes of this section by regulations in force at the time when the person is ordered to be deported.
"(13) In this section:
"bogus document" , in relation to a person, means an entry permit, certificate, passport, visa, identification card or any other document that:
(a) was not issued to the person;
(b) was forged or fraudulently altered; or
(c) was obtained by the making of a false or misleading representation.
"crime" means an offence punishable:
(a) by death;
(b) by imprisonment for life; or
(c) by imprisonment for a maximum period of at least 6 months.
"officer" includes a person who was an officer for the purposes of the Immigration Restriction Act 1901 .
(a) a visa or similar notation, or a form of provisional authority to enter Australia, that was issued on behalf of the Commonwealth before 1 November 1979; and
(b) a document or notation that was issued on behalf of the Commonwealth before 1 November 1979 in respect of the return of a person to Australia.
" 11B Transitional provisions relating to Christmas Island
"(1) Where a person is deemed, because of subsection 12(1) of the Migration Amendment Act (No. 2) 1980 , to have entered Australia as an immigrant within the meaning of the Migration Act 1958 as amended by the Migration Amendment Act (No. 2) 1980 , subsection 6(2) does not apply in relation to that entry.
"(2) Section 11A has effect in relation to a person who is the holder of a re-entry permit within the meaning of section 12 of the Migration Amendment Act (No. 2) 1980 , being a re-entry permit that has not expired, as if paragraph (1)(d) of that section were omitted and the following paragraph were substituted:
'(d) when he or she made a request for the grant of an entry permit, the person was a person referred to in paragraph 12(7)(c), (d), (e), (f) or (g) of the Migration Amendment Act (No. 2) 1980 .'.
" 11C How an illegal entrant loses that status while remaining in Australia
"(1) A person who has become an illegal entrant otherwise than under subsection 6(2) stops being an illegal entrant if and when an entry permit or further entry permit is granted to the person, and not otherwise.
"(2) A person who has become an illegal entrant under subsection 6(2) for a particular reason stops being an illegal entrant if and when there is granted to the person a properly endorsed valid entry permit, and does not otherwise stop being an illegal entrant.
" Subdivision A--General provisions
" 11D Regulations may provide for visas
"(1) Without limiting the generality of section 67, the regulations may make provision:
(a) in relation to the granting and refusal of visas with respect to travel to Australia, including the granting of visas:
(i) subject to conditions; or
(ii) subject to a limitation as to the time the holder is authorised to remain in Australia;
(b) for the recording and evidencing of visas;
(c) in relation to the effect and operation of visas; and
(d) in relation to the cancellation of visas.
"(2) Regulations made under subsection (1) may provide:
(a) for different classes of visas; and
(b) that, subject to section 11J, a person is entitled to be granted a visa of a particular class if a person satisfies all the prescribed criteria in relation to that class.
"(3) The criteria that may be prescribed include, but are not limited to, the criterion that the applicant receives the necessary score when assessed under Subdivision B.
"(4) The conditions subject to which visas may be granted pursuant to regulations made under paragraph (1)(a) include, but are not limited to:
(a) the condition that if, because of section 10, the visa has effect as if it were an entry permit, it will be taken, in spite of section 10, not to be a valid entry permit for the purposes of section 11ZD;
(b) the condition that, in spite of anything else in this Act, the holder of the visa will not, after entering Australia, be entitled to be granted an entry permit while he or she remains in Australia; and
(c) a condition imposing restrictions about the work that may be performed in Australia by the holder, including restrictions on performing:
(i) any work;
(ii) work other than specified work; or
(iii) work of a specified kind;
without the permission in writing of the Secretary.
"(5) Except as otherwise provided in the regulation concerned, a regulation providing as mentioned in paragraph (2)(b) shall, unless it has been disallowed, be taken to be repealed 2 years after the day on which the regulation takes effect.
" 11E Grant or refusal of visas
"(1) This section applies where, and only where:
(a) a person makes an application for a visa of a particular class in the approved form and in accordance with the regulations; and
(b) any fee payable in respect of the application is paid.
"(2) Unless this section applies, the Minister:
(a) is not required to consider an application at all; and
(b) shall not in any circumstances grant a visa.
"(3) Where it appears to the Minister that an applicant for a visa other than an exempt visa is, under the regulations, entitled to be granted a visa of the class concerned, then:
(a) the Minister shall give the applicant written notice:
(i) stating that the Minister proposes to grant a visa; and
(ii) requiring the applicant to notify the Minister, as prescribed, if there has been any material change in his or her circumstances since the application was made; and
(b) if and only if the Minister becomes satisfied that there has been no material change in the applicant's circumstances since the application was made, the Minister shall, subject to section 11J, grant the visa.
"(4) Where:
(a) an applicant is given a notice under paragraph (3)(a); and
(b) the applicant notifies the Minister, as required by that paragraph, that there has been a material change in his or her circumstances since the application was made;
the Minister shall reconsider the application having regard to that material change, including if necessary by reassessing the applicant's score under section 11L, to determine, whether for the purposes of subsection (3), the applicant is, at the time of the reconsideration, entitled under the regulations to be granted a visa of the class concerned.
"(5) Where paragraph (3)(b) requires the Minister to grant a visa, the Minister:
(a) may impose such conditions in connection with the grant of the visa as are permitted by the regulations; and
(b) shall impose such conditions in connection with the grant of the visa as are required by the regulations.
"(5A) Where it appears to the Minister that an applicant for an exempt visa is, under the regulations, entitled to be granted a visa of the class concerned:
(a) the Minister shall, subject to section 11J, grant the visa; and
(b) the Minister:
(i) may impose such conditions in connection with the grant of the visa as are permitted by the regulations; and
(ii) shall impose such conditions in connection with the grant of the visa as are required by the regulations.
"(6) Except in a case where subsection 11M(3) applies, where it appears to the Minister that the applicant is not, under the regulations, entitled to be granted a visa of the class concerned, the Minister shall refuse to grant the applicant such a visa.
"(7) Where it appears to the Minister, upon reconsideration of an application pursuant to regulations made under subsection 11M(4), that the applicant:
(a) because of subparagraph 11M(5)(b)(i), is to be taken not to have received the necessary score; and (b) because of that is not, under the regulations, entitled to be granted a visa of the class concerned;
the Minister shall refuse to grant the applicant such a visa.
"(8) For the purposes of this section and section 11A, an applicant who:
(a) is given a notice under paragraph (3)(a); and
(b) does not notify the Minister, as required by that paragraph, that there has been a material change in his or her circumstances since the application was made;
shall be taken to have notified the Minister that there has been no material change in his or her circumstances since the application was made.
"(9) In this section:
"exempt visa" means a visa included in a prescribed class of visas.
" 11F Visas not to be granted to certain deportees
"(1) A visa shall not be granted to a person who has previously been deported from Australia if an amount is still payable by the person to the Commonwealth under section 21A or 21B.
"(2) Nothing in subsection (1) prevents the grant of a visa to a person if the Minister is satisfied that appropriate arrangements have been made for the payment of the amount concerned to the Commonwealth.
"(3) This section does not apply in relation to the granting of visas to statutory visitors.
The Minister may at any time, in his or her absolute discretion, cancel a valid visa.
" 11H Certain persons taken to be included in spouse or parent's visa
"(1) Where:
(a) a person's name is included in the passport or other document of identity of the person's spouse; and
(b) the person accompanies his or her spouse to Australia (whether before or after the commencement of this section);
the person shall be taken to be included in any visa granted to the spouse and noted on the passport or other document of identity if, and only if, the person's name is included in the visa.
"(2) Where:
(a) the name of a child is included in the passport or other document of identity of a parent of the child; and
(b) the child accompanies that parent to Australia (whether before or after the commencement of this section);
the child shall be taken to be included in any visa granted to the parent and noted on the passport or other document of identity if, and only if, the child's name is included in the visa.
" 11J Minister may suspend processing of visa applications
"(1) The Minister may, by notice in the Gazette , determine that dealing with applications for visas of a specified class is to stop until a day specified in the notice (in this section called the resumption day ).
"(2) Where a notice under subsection (1) is published in the Gazette , no official shall take any action in relation to any application for a visa of the class concerned until the resumption day.
"(3) A notice under this section does not have any effect in relation to an application for a visa made by a person on the ground that he or she is the spouse, child or aged parent of a person who:
(a) is an Australian citizen; or
(b) is the holder of a valid permanent entry permit.
"(4) Nothing in this section prevents a person taking action to implement a decision to grant or refuse a visa if the decision had been made before the date of the notice concerned.
"(5) In this section:
"child" , in relation to a person, means an unmarried child of the person, being a child who:
(a) has not turned 18; or
(b) has turned 18 but has not turned 21, and has been determined by the Minister in writing to be an integral part of that person's family.
"official" means any person or body performing functions or exercising powers under or for the purposes of this Act.
" Subdivision B--The points system
" 11K Operation of Subdivision
This Subdivision has effect where one of the prescribed criteria in relation to a visa of a particular class is the criterion that the applicant receives the necessary score when assessed as provided by this Subdivision.
" 11L Determination of applicant's score
"(1) The Minister shall make an assessment by giving the applicant the prescribed number of points for each prescribed qualification that is satisfied in relation to the applicant.
"(2) In this section:
"prescribed" means prescribed by regulations in force at the time the assessment is made.
" 11M Initial application of points system
"(1) An applicant whose score is more than or equal to the applicable priority mark at the time when the score is assessed shall be taken to have received the necessary score.
"(2) An applicant whose score is less than the applicable pool entrance mark at the time when the score is assessed shall be taken not to have received the necessary score.
"(3) Where an applicant's score is more than or equal to the applicable pool entrance mark but less than the applicable priority mark at the time when the score is assessed, the Minister shall, unless the application is withdrawn, put it aside and deal with it in accordance with regulations made under subsection (4).
"(4) The regulations may provide:
(a) for the Minister to reconsider an application that is put aside under subsection (3) after the Minister next gives a notice under section 11N specifying the pass mark in relation to the class of visas concerned;
(b) for such reconsideration to involve comparing the applicant's score with that pass mark but not to involve re-assessing that score; and
(c) for such reconsideration to occur a specified maximum number of times.
"(5) Where an application for a visa of a particular class is reconsidered pursuant to regulations made under subsection (4):
(a) if the applicant's score is more than or equal to the applicable pass mark--the applicant shall be taken to have received the necessary score; and
(b) if the applicant's score is less than the applicable pass mark:
(i) if those regulations do not permit any further reconsideration of the application--the applicant shall be taken not to have received the necessary score; and
(ii) in any other case--the Minister shall put the application aside and continue to deal with it in accordance with those regulations.
"(6) Where, in accordance with this section, the Minister puts an application aside, he or she shall be taken for all purposes not to have failed to make a decision about the application.
" 11N Minister may set pool entrance mark, priority mark and pass mark
"(1) The Minister may, from time to time, by notice in the Gazette , specify, in relation to a class of visas, the pool entrance mark and the priority mark for the purposes of this Act and the regulations.
"(2) The Minister may, from time to time, by notice in the Gazette , specify, in relation to applications for visas of a particular class, the pass mark for the purposes of this Act and the regulations.
"(3) A notice under subsection (1) or (2) operates to revoke the previous notice under that subsection in relation to the same class of visas.
"(4) The Minister shall cause copies of each notice under subsection (1) or (2) to be laid before each House of the Parliament within 15 sitting days of that House after the publication of the notice in the Gazette .
" 11P Regulations may provide for entry permits
"(1) Without limiting the generality of section 67, the regulations may make provision:
(a) in relation to the granting and refusal of entry permits, including the granting of entry permits:
(i) subject to conditions; or
(ii) subject to a limitation as to the time the holder is authorised to remain in Australia;
(b) for the recording and evidencing of entry permits;
(c) in relation to the effect and operation of entry permits; and
(d) in relation to the cancellation of entry permits that are granted subject to a limitation as to the time the holder is authorised to remain in Australia.
"(2) Regulations made under subsection (1) may provide:
(a) for different classes of entry permits; and
(b) that, subject to sections 11W and 11ZB, a person is entitled to be granted an entry permit of a particular class if that person satisfies all the prescribed criteria in relation to that class.
"(3) The criteria that may be prescribed include, but are not limited to, the criterion that the applicant receives the necessary score when assessed as provided by section 11X.
"(4) The conditions subject to which temporary entry permits may be granted pursuant to regulations made under paragraph (1)(a) include, but are not limited to:
(a) the condition that the temporary entry permit will be taken not to be a valid temporary entry permit for the purposes of section 11ZD;
(b) where the temporary entry permit is granted to the person before entry into Australia--the condition that, in spite of anything else in this Act, the holder of the temporary entry permit will not, after entering Australia, be entitled to be granted another entry permit while he or she remains in Australia; and
(c) a condition imposing restrictions about the work that may be performed in Australia by the holder, including restrictions on performing:
(i) any work;
(ii) work other than specified work; or
(iii) work of a specified kind;
without the permission in writing of the Secretary.
"(5) Except as otherwise provided in the regulation concerned, a regulation providing as mentioned in paragraph (2)(b) shall, unless it has been disallowed, be taken to be repealed 2 years after the day on which the regulation takes effect.
" 11Q Grant or refusal of entry permits
"(1) This section applies where, and only where:
(a) a person makes an application for an entry permit of a particular class in accordance with the regulations; and
(b) any fee payable in respect of the application is paid.
"(2) Unless this section applies, the Minister:
(a) is not required to consider an application at all; and
(b) shall not in any circumstances grant an entry permit.
"(3) Where it appears to the Minister that the applicant is, under the regulations, entitled to be granted an entry permit of the class concerned, the Minister shall, subject to this Division, grant the applicant such an entry permit.
"(4) Where it appears to the Minister that the applicant is not, under the regulations, entitled to be granted an entry permit of the class concerned, the Minister shall refuse to grant such an entry permit.
" 11R Cancellation of entry permits
"(1) The Minister may at any time, in his or her absolute discretion, cancel a valid temporary entry permit.
"(2) Where, because of the operation of subsection 6(2), a person is an illegal entrant even though the person holds a valid entry permit, the entry permit shall be taken to have been cancelled:
(a) when the person entered Australia; or
(b) when the entry permit was granted;
whichever is later.
" 11S Restriction on applications for entry permits--review applied for
"(1) A person to whom this section applies because of section 64C is not entitled to make any application for an entry permit while he or she remains in Australia unless:
(a) there has been a prescribed change in the person's circumstances since the end of the period of 10 working days mentioned in subsections 64C(3) and (4); and
(b) no deportation order has been made in respect of the applicant under section 17A.
"(2) Nothing in this section prevents a person making an application for an entry permit where:
(a) the person has been notified under subsection 64C(2); and
(b) the application is made, pursuant to that notification, within 10 working days after the person is so notified.
" 11T Restriction on applications for entry permits--review not applied for
"(1) This section applies to an illegal entrant who:
(a) has entered, and remains in, Australia;
(b) while in Australia, has been refused an entry permit; and
(c) is not a person to whom section 11S applies because of section 64C.
"(2) Where this section applies to a person, the person is not entitled to make any further application for an entry permit while he or she remains in Australia unless:
(a) there has been a prescribed change in the person's circumstances since he or she last applied for an entry permit; and
(b) no deportation order has been made in respect of that person under section 17A.
" 11U Certain persons taken to be included in spouse or parent's entry permit
"(1) Where:
(a) a person's name is included in the passport or other document of identity of the person's spouse; and
(b) the person enters Australia (whether before or after the commencement of this section) in the company of his or her spouse;
the person shall be taken to be included in any entry permit granted to the spouse before the spouse's entry and noted on that passport or other document of identity, unless the contrary is stated in the entry permit.
"(2) Where:
(a) the name of a child is included in the passport or other document of identity of a parent of the child; and
(b) the child enters Australia (whether before or after the commencement of this section) in the company of that parent;
the child shall be taken to be included in any entry permit granted to the parent before the parent's entry and noted on that passport or other document of identity, unless the contrary is stated in the entry permit.
" 11V Certain non-citizen children born in Australia taken to be included in parent's entry permit
"(1) This section applies to a child who:
(a) is born in Australia (whether before or after the commencement of this section); and
(b) is a non-citizen when he or she is born.
"(2) Where, at the time of birth:
(a) one of the child's parents is the holder of a valid temporary entry permit; and
(b) the other parent:
(i) is not the holder of a valid entry permit; or
(ii) is, because of subsection 11U(1), taken to be included in the valid temporary entry permit referred to in paragraph (a);
the child shall be taken to be included from the time of birth in the valid temporary entry permit referred to in paragraph (a).
"(3) Where, at the time of birth, each of the child's parents is the holder of a valid temporary entry permit, the child shall be taken to be included from the time of birth in each of the valid temporary entry permits.
" 11W Minister may suspend processing of entry permit applications where applicants are in Australia
"(1) The Minister may, by notice in the Gazette , determine that dealing with applications for entry permits of a specified class made by persons who have entered, and remain in, Australia is to stop until a day specified in the notice (in this section called the resumption day ).
"(2) Where a notice under subsection (1) is published in the Gazette , no official shall take any action in relation to any application for an entry permit of the class concerned made by an applicant who has entered, and remains in, Australia until the resumption day.
"(3) A notice under this section does not have any effect in relation to an application for an entry permit made by a person on the ground that he or she is the spouse, child or aged parent of a person who:
(a) is an Australian citizen; or
(b) is the holder of a valid permanent entry permit.
"(4) Nothing in this section prevents a person taking action to implement a decision to grant or refuse an entry permit if the decision had been made before the date of the notice concerned.
"(5) In this section:
"child" , in relation to a person, means an unmarried child of the person, being a child who:
(a) has not turned 18; or
(b) has turned 18 but has not turned 21, and has been determined by the Minister in writing to be an integral part of that person's family.
"official" means any person or body performing functions or exercising powers under or for the purposes of this Act.
" 11X Operation of points system
"(1) This section applies in relation to an application for an entry permit of a particular class where:
(a) the applicant has entered, and remains in, Australia; and
(b) one of the prescribed criteria in relation to an entry permit of that class is the criterion that the applicant receives the necessary score when assessed as provided by this section.
"(2) The Minister shall make the assessment by giving the applicant the prescribed number of points for each prescribed qualification that is satisfied in relation to the applicant.
"(3) An applicant whose score is more than or equal to the applicable priority mark at the time when the score is assessed shall be taken to have received the necessary score.
"(4) An applicant whose score is less than the applicable priority mark at the time when the score is assessed shall be taken not to have received the necessary score.
" 11Y Minister may set priority mark
"(1) The Minister may, from time to time, by notice in the Gazette , specify, in relation to a class of entry permits, the priority mark for the purposes of this Act and the regulations.
"(2) A notice under subsection (1) operates to revoke the previous notice under that subsection in relation to the same class of entry permits.
"(3) The Minister shall cause copies of each notice under subsection (1) to be laid before each House of the Parliament within 15 sitting days of that House after publication of the notice in the Gazette .
" 11Z Entry permits not to be granted to certain persons before entry into Australia
An entry permit shall not be granted to a person before he or she enters Australia unless the person:
(a) is the holder of a valid visa; or
(b) is exempted from the operation of section 26A by an instrument under subsection 53A(1).
" 11ZA Entry permits not to be granted to certain persons after entry into Australia
An entry permit shall not be granted to a non-citizen who has entered Australia without an entry permit pursuant to an exemption under subsection 53A(2) that specified as mentioned in subsection 53A(3).
" 11ZB Entry permits not to be granted to certain deportees
"(1) An entry permit shall not be granted to a person who has previously been deported from Australia if an amount is still payable by the person to the Commonwealth under section 21A or 21B.
"(2) Nothing in subsection (1) prevents the grant of an entry permit to a person if the Minister is satisfied that appropriate arrangements have been made for the payment of the amount concerned to the Commonwealth.
" 11ZC Entry permits not to be granted to persons outside Australia
An entry permit shall not be granted to a person unless the person is physically present in Australia.
" 11ZD Circumstances in which permanent entry permits may be granted to non-citizens after entry into Australia
"(1) A permanent entry permit shall not be granted to a non-citizen after entry into Australia unless at least one of the following paragraphs applies to the non-citizen:
(a) he or she has been granted territorial asylum in Australia by instrument of a Minister;
(b) he or she:
(i) is the holder of a valid temporary entry permit; and
(ii) is the spouse or child of an Australian citizen or of the holder of a valid permanent entry permit;
(c) he or she:
(i) is the holder of a valid temporary entry permit; and
(ii) is the aged parent of an Australian citizen or of the holder of a valid permanent entry permit;
and the balance of his or her family is in Australia;
(d) he or she is the holder of a valid temporary entry permit and the Minister has determined, in writing, that the non-citizen has the status of refugee within the meaning of:
(i) the Convention relating to the Status of Refugees that was done at Geneva on 28 July 1951; or
(ii) the Protocol relating to the Status of Refugees that was done at New York on 31 January 1967;
(e) he or she:
(i) is the holder of a valid temporary entry permit;
(ii) is authorised to work in Australia; and
(iii) is not a prescribed non-citizen;
(f) he or she is the holder of a valid temporary entry permit and there are strong compassionate grounds for the grant of a permanent entry permit to him or her;
(g) he or she is the holder of a valid temporary entry permit and there are strong humanitarian grounds for the grant of a permanent entry permit to him or her.
"(2) The Minister shall not delegate to any person the power to grant a permanent entry permit to a non-citizen to whom paragraph (1)(a) applies (whether or not another paragraph of subsection (1) also applies to the non-citizen).
"(3) For the purposes of this section, the balance of an aged parent's family shall be taken to be in Australia in prescribed circumstances.
"(4) For the purposes of this section but without limiting its generality, the holder of a valid temporary entry permit granted before 29 October 1979 shall be taken to be authorised to work in Australia if, in the application or last application to visit Australia made by the holder or on the holder's behalf:
(a) where the application was made by the holder--the holder did not declare that he or she would not engage in employment in Australia; or
(b) where the application was made on the holder's behalf--the person making the application did not declare that the holder would not engage in employment in Australia.
"(5) For the purposes of this section but without limiting its generality, the holder of a valid temporary entry permit granted after 28 October 1979 shall be taken to be authorised to work in Australia if:
(a) the temporary entry permit was not granted subject to any condition imposing restrictions with respect to the work that may be performed by the holder in Australia;
(b) the temporary entry permit was granted subject to a condition imposing restrictions on the holder's performing work other than specified work or work of a specified kind in Australia; or
(c) the temporary entry permit was granted:
(i) before the commencement of this section, subject to a condition imposing restrictions on the holder's performing any work without the written permission of an authorised officer; or
(ii) after that commencement, subject to a condition imposing restrictions on the holder's performing any work without the written permission of the Secretary;
and such permission has been given and has not been revoked.
"(6) Where a temporary entry permit was granted before the commencement of this section subject to a condition as mentioned in subparagraph (5)(c)(i), the Secretary may, after the commencement:
(a) give permission for the purposes of that condition; and
(b) revoke any permission given by an authorised officer for the purposes of that condition.
"(7) In this section:
"child" , in relation to a person, means an unmarried child of the person, being a child who:
(a) has not turned 18; or
(b) has turned 18 but has not turned 21, and has been determined by the Minister in writing to be an integral part of that person's family.
"non-citizen" does not include a statutory visitor.
"prescribed non-citizen" means:
(a) the holder of a valid temporary entry permit who is included in a prescribed class of persons granted temporary entry permits to enable them to enter Australia for the purpose of engaging in study or training;
(b) the holder of a valid temporary entry permit who:
(i) is the spouse or a child of a person referred to in paragraph (a); and
(ii) was granted a temporary entry permit permitting him or her to enter Australia only because he or she was the spouse or child of that person; or
(c) the holder of a valid temporary entry permit who, immediately before the grant of that temporary entry permit, was a person of the kind referred to in paragraph (b) of the definition of exempt non-citizen in subsection 5(1) or the spouse or dependent relative of such a person.
"valid temporary entry permit" does not include:
(a) a temporary entry permit granted subject to a condition set out in paragraph 11P(4)(a) or (b); or
(b) a visa that, because of section 10, has effect as if it were an entry permit, being a visa granted subject to a condition set out in paragraph 11D(4)(a) or (b).
" 11ZE Deportee not to be granted entry permit
An entry permit shall not be granted to a person while a deportation order is in force in respect of the person.
" 11ZF Entry permit stops being in force upon departure from Australia
An entry permit granted to a non-citizen stops being in force when the non-citizen leaves Australia, and has no further force.
" 11ZG Application of Division to statutory visitors
Except as provided by section 11ZL, nothing in this Division applies in relation to the grant of entry permits to statutory visitors or in relation to entry permits granted to statutory visitors.
" Division 1C--Statutory visitors
" 11ZH Grant of visas to statutory visitors
"(1) The Secretary to the Attorney-General's Department, or an officer of that Department authorised by that Secretary, may issue a certificate in writing stating that the presence of a specified non-citizen in Australia is required for purposes connected with the Extradition Act 1988 or the Mutual Assistance in Criminal Matters Act 1987 .
"(2) Where the Minister is satisfied that a certificate is in force in relation to a person, the Minister shall grant to the person a visa with respect to travel to Australia by the person for the purposes referred to in subsection (1).
"(3) Subject to subsection (4), the Secretary to the Attorney-General's Department, or an officer of that Department authorised by that Secretary, may cancel a certificate under subsection (1), but only on the ground that the presence of the non-citizen in Australia is no longer required for the purposes referred to in that subsection.
"(4) A certificate issued under subsection (1) shall not be cancelled before reasonable notice in writing has been given to the non-citizen and the Minister.
" 11ZJ Regulations may provide for entry permits
"(1) Without limiting the generality of section 67, the regulations may make provision:
(a) in relation to the granting and refusal of entry permits to statutory visitors, including the granting of entry permits:
(i) subject to conditions; or
(ii) subject to a limitation as to the time the holder is authorised to remain in Australia;
(b) for the recording and evidencing of entry permits granted to statutory visitors;
(c) in relation to the effect and operation of entry permits granted to statutory visitors; and
(d) in relation to the cancellation of entry permits granted to statutory visitors that are granted subject to a limitation as to the time the holder is authorised to remain in Australia.
"(2) Regulations made under subsection (1) may provide for different classes of entry permits.
" 11ZK Circumstances in which entry permits may be granted to statutory visitors after entry into Australia
"(1) The Minister may grant an entry permit to a statutory visitor after entry into Australia if, and only if, at least one of the following paragraphs applies to the non-citizen:
(a) he or she has been granted territorial asylum in Australia by instrument of a Minister;
(b) the Minister has determined, in writing, that the statutory visitor has the status of refugee within the meaning of:
(i) the Convention relating to the Status of Refugees that was done at Geneva on 28 July 1951; or
(ii) the Protocol relating to the Status of Refugees that was done at New York on 31 January 1967.
"(2) The Minister shall not delegate to any person the power to grant an entry permit to a statutory visitor to whom paragraph (1)(a) applies (whether or not paragraph (1)(b) also applies to the statutory visitor).
" 11ZL Application of provisions of Division 1B
"Sections 11R, 11V, 11ZC and 11ZF apply in relation to the grant of entry permits to statutory visitors and in relation to entry permits granted to statutory visitors.".
(2) A person who, immediately before the commencement of this section, was a prohibited non-citizen:
(a) becomes an illegal entrant at that commencement;
(b) shall, after that commencement, be taken for all purposes to have become an illegal entrant because of the provision of section 6 of the Migration Act 1958 that most closely corresponds with the provision of the Principal Act as in force before that commencement because of which the person became a prohibited non-citizen; and
(c) remains an illegal entrant until he or she stops being an illegal entrant under the Migration Act 1958 .
(3) Where the holder of an entry visa within the meaning of section 6AA of the Principal Act as in force immediately before the commencement of this section has, before that commencement, entered Australia pursuant to that section, the visa has effect, on and after the holder's entry, for all purposes as if it were an entry permit granted subject to any conditions, and to any limitation as to the time the holder is authorised to remain in Australia, that are specified in the visa.
(4) In spite of the repeal effected by subsection (1), the provisions of the Principal Act relating to the granting of visas and entry permits as in force immediately before the commencement of this section continue to have effect after that commencement for the purposes of applications for visas or entry permits made before that commencement.
(5) After the commencement of this section, the Migration Act 1958 has effect as if:
(a) references in that Act to certificates under subsection 11ZH(1) include references to certificates under section 11AB of the Principal Act as in force before that commencement, being certificates in force immediately before that commencement; and
(b) references in that Act to visas granted under section 11ZH include references to visas granted under section 11AB of the Principal Act as in force before that commencement, being visas in force immediately before that commencement.
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