Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations[5A] Paragraph 1.20 (2) (b)
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, Extended Eligibility (Temporary) (Class TK), Sponsored Training (Temporary) (Class UV) or Superyacht Crew (Temporary) (Class UW)
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or Extended Eligibility (Temporary) (Class TK)
[5B] Subparagraph 1.20 (2) (e) (ii)
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granted;
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granted.
[5C] Paragraph 1.20 (2) (f)
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[5D] After paragraph 1.20 (4) (e)
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(ea) Cultural/Social (Temporary) (Class TE);
(eb) Domestic Worker (Temporary) (Class TG);
(ec) Educational (Temporary) (Class TH);
[5E] After paragraph 1.20 (4) (f)
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(fa) Sponsored Training (Temporary) (Class UV);
(fb) Superyacht Crew (Temporary) (Class UW).
[5F] Subregulation 1.20 (4), note
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[5G] Subregulation 1.20 (5)
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[5H] Subregulation 1.20AA (1)
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(1) This regulation applies to a Subclass 422 (Medical Practitioner) visa.
[5I] Subregulation 1.20AA (2)
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a school, foreign government agency or
[6] Division 1.4A
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[7] Division 1.4B, heading
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[8] Divisions 1.4C and 1.4D
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[8A] After paragraph 2.43 (1) (i)
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(ia) in the case of a holder of:
(i) a Subclass 411 (Exchange) visa; or
(ii) a Subclass 415 (Foreign Government Agency) visa; or
(iii) a Subclass 416 (Special Program) visa; or
(iv) a Subclass 419 (Visiting Academic) visa; or
(v) a Subclass 420 (Entertainment) visa; or
(vi) a Subclass 421 (Sport) visa; or
(vii) a Subclass 423 (Media and Film Staff) visa; or
(viii) a Subclass 427 (Domestic Worker (Temporary) -- Executive) visa; or
(ix) a Subclass 428 (Religious Worker) visa; or
(x) a Subclass 442 (Occupational Trainee) visa; or
(xi) a Subclass 488 (Superyacht Crew) visa;
that the grounds in subregulation (1A) are met; or
[8B] Paragraphs 2.43 (1) (l), (la) and (lb)
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(kb) in the case of the holder of Subclass 457 (Business (Long Stay)) visa that was granted on the basis that the applicant met the requirements of subregulation 457.223 (4) -- that, despite the grant of the visa, the Minister is satisfied that:
(i) the holder did not have a genuine intention to perform the occupation mentioned in paragraph 457.223 (4) (d) at the time of grant of the visa; or
(ii) the holder has ceased to have a genuine intention to perform that occupation; or
(iii) the position associated with the nominated occupation is not genuine;
(l) in the case of the holder of a Subclass 457 (Business (Long Stay)) visa who is a primary sponsored person in relation to a person who is, or was, a standard business sponsor or party to a labour agreement (the sponsor ) -- that:
(i) the sponsor has not complied, or is not complying, with the undertaking given by the business sponsor in accordance with approved form 1067, 1196 or 1196 (Internet); or
(ii) the sponsor has given false or misleading information to Immigration or the Migration Review Tribunal in relation to:
(A) the application (if any) under regulation 1.20C for approval as a standard business sponsor; or
(B) any other matter relating to the business sponsor; or
(iii) the sponsor has failed to satisfy a sponsorship obligation; or
(iv) the sponsor has been cancelled or barred under section 140M of the Act; or
(v) the labour agreement has been terminated, has been suspended or has ceased;
(la) in the case of the holder of a Subclass 457 (Business (Long Stay)) visa who was granted the visa on the basis of a nomination of an activity under regulation 1.20GA as in force immediately before 14 September 2009 -- that the holder is living or working within an area specified by the Minister in an instrument in writing for this paragraph;
(lc) in the case of a holder of:
(i) a Subclass 411 (Exchange) visa; or
(ii) a Subclass 415 (Foreign Government Agency) visa; or
(iii) a Subclass 416 (Special Program) visa; or
(iv) a Subclass 419 (Visiting Academic) visa; or
(v) a Subclass 420 (Entertainment) visa; or
(vi) a Subclass 421 (Sport) visa; or
(vii) a Subclass 423 (Media and Film Staff) visa; or
(viii) a Subclass 427 (Domestic Worker (Temporary) -- Executive) visa; or
(ix) a Subclass 428 (Religious Worker) visa; or
(x) a Subclass 442 (Occupational Trainee) visa; or
(xi) a Subclass 488 (Superyacht Crew) visa;
who is a primary sponsored person in relation to a person who is or was an approved sponsor -- that 1 of the grounds specified in subregulation (1B) is met;
(ld) in the case of a holder of:
(i) a Subclass 411 (Exchange) visa; or
(ii) a Subclass 419 (Visiting Academic) visa; or
(iii) a Subclass 420 (Entertainment) visa; or
(iv) a Subclass 421 (Sport) visa; or
(v) a Subclass 423 (Media and Film Staff) visa; or
(vi) a Subclass 427 (Domestic Worker (Temporary) -- Executive) visa; or
(vii) a Subclass 428 (Religious Worker) visa; or
(viii) a Subclass 442 (Occupational Trainee) visa; or
(ix) a Subclass 457 (Business (Long Stay)) visa;
who is a secondary sponsored person in relation to a person who is or was an approved sponsor -- that the person who is or was an approved sponsor of the primary sponsored person to whom the secondary sponsored person is related has not listed the secondary sponsored person in the latest nomination in which the primary sponsored person is identified;
(le) in the case of a holder of:
(i) a Subclass 427 (Domestic Worker (Temporary) -- Executive) visa; or
(ii) a Subclass 428 (Religious Worker) visa; or
(iii) a Subclass 457 (Business (Long Stay)) visa;
who is a primary sponsored person or a secondary sponsored person in relation to a person who is or was an approved sponsor -- that the person who is or was an approved sponsor has paid the return travel costs of the holder in accordance with the sponsorship obligation mentioned in regulation 2.80 or 2.80A;
[8C] After subregulation 2.43 (1)
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(1A) For paragraph (1) (ia), the grounds are that, despite the grant of the visa, the Minister is satisfied that the visa holder did not have at the time of grant of the visa, or has ceased to have, a genuine intention to stay temporarily in Australia to carry out the work or activity in relation to which:
(a) the visa holder's visa was granted; or
(b) if the visa holder is identified in a nomination after the visa is granted -- the visa holder was identified in a nomination.
(1B) For paragraph (1) (lc), the grounds are the following:
(a) the approval of the person as a sponsor has been cancelled, or the approved sponsor has been barred, under section 140M of the Act;
(b) if the approved sponsor is a party to a work agreement -- the work agreement has been terminated or has ceased;
(c) if the primary sponsored person is required to be identified in a nomination -- the criteria for approval of the latest nomination in which the primary sponsored person is identified are no longer met;
(d) the person who is or was an approved sponsor has failed to satisfy a sponsorship obligation.
[9] After Part 2
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