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MIGRATION AMENDMENT REGULATIONS 2009 (NO. 5) - REG 2.80

Obligation to pay travel costs to enable sponsored persons to leave Australia

         (1)   This regulation applies to a person who is or was:

                (a)    a special program sponsor of a primary sponsored person or a secondary sponsored person (the sponsored person ), if:

                          (i)    the sponsored person holds a Subclass 416 (Special Program) visa; or

                         (ii)    the last substantive visa held by the sponsored person was a Subclass 416 (Special Program) visa; or

               (b)    a religious worker sponsor of a primary sponsored person or a secondary sponsored person (the sponsored person ), if:

                          (i)    the sponsored person holds a Subclass 428 (Religious Worker) visa; or

                         (ii)    the last substantive visa held by the sponsored person was a Subclass 428 (Religious Worker) visa; or

                (c)    a party to a work agreement (other than a Minister), and who is or was an approved sponsor of a primary sponsored person or secondary sponsored person (the sponsored person ), if

                          (i)    the sponsored person holds a Subclass 428 (Religious Worker) visa or a Subclass 457 (Business (Long Stay)) visa; or

                         (ii)    the last substantive visa held by the sponsored person was a Subclass 428 (Religious Worker) visa or a Subclass 457 (Business (Long Stay)) visa; or

                (c)    a standard business sponsor of a primary sponsored person or a secondary sponsored person (the sponsored person ) , if:

                          (i)    the sponsored person holds a Subclass 457 (Business (Long Stay)) visa; or

                         (ii)    the last substantive visa held by the sponsored person was a Subclass 457 (Business (Long Stay)) visa.

         (2)   The person must pay the travel costs of the primary sponsored person or the secondary sponsored person:

                (a)    if the costs have been requested in writing by:

                          (i)    the Minister on behalf of the primary sponsored person or the secondary sponsored person; or

                         (ii)    the primary sponsored person; or

                         (iii)    the primary sponsored person on behalf of the secondary sponsored person; or

                        (iv)    the secondary sponsored person; or

                         (v)    the secondary sponsored person on behalf of the primary sponsored person; and

               (b)    that have not already been paid in accordance with this regulation; and

                (c)    that are reasonable and necessary.

         (3)   The request to pay travel costs must:

                (a)    specify the person or persons whose travel will be funded by the costs; and

               (b)    specify the country that the person, whose travel will be funded, holds a passport and will travel to; and

                (c)    if the person is a multiple passport holder -- specify the country that the person holds a passport for and wants to travel to; and

               (d)    be made while the person whose travel will be funded is the holder of the Subclass 416 (Special Program) visa, the Subclass 428 (Religious Worker) visa or the Subclass 457 (Business (Long Stay)) visa.

         (4)   Without limiting paragraph (2) (c), a person is taken to have paid reasonable and necessary costs if:

                (a)    the costs include the cost of travel from the primary sponsored person's usual place of residence in Australia to the place of departure from Australia; and

               (b)    the costs include the cost of travel from Australia to the country the person specifies in accordance with subregulation (3); and

                (c)    the costs are paid within 30 days of receiving the request for costs; and

               (d)    the costs are for economy class air travel or the equivalent of economy class air travel.

         (5)   The obligation mentioned in subregulation (2):

                (a)    starts to apply on:

                          (i)    the day on which the Minister approves a nomination by the person in which the primary sponsored person is identified; or

                         (ii)    if the primary sponsored person does not hold a Subclass 416 (Special Program) visa, a Subclass 428 (Religious Worker) visa or a Subclass 457 (Business (Long Stay)) visa on the day the Minister approves the nomination -- the day on which the primary sponsored person is granted the visa on the basis of being identified in an approved nomination by the person; or

                         (iii)    if the primary sponsored person was not identified in an approved nomination -- the day on which the primary sponsored person is granted a Subclass 457 (Business (Long Stay)) visa on the basis of the person agreeing in writing to being the approved sponsor in relation to the primary sponsored person; and

               (b)    for a primary sponsored person -- ends on the earliest of:

                          (i)    the day on which the Minister approves a nomination under section 140GB of the Act by another approved sponsor in which the primary sponsored person is identified; and

                         (ii)    the day on which the primary sponsored person is granted a further substantive visa that:

                                   (A)     is a visa of a different subclass to the last substantive visa held by the primary sponsored person; and

                                   (B)     is in effect; and

                         (iii)    the first day on which each of the following has occurred:

                                   (A)     the primary sponsored person has left Australia;

                                   (B)     the Subclass 416 (Special Program) visa, the Subclass 428 (Religious Worker) visa or the Subclass 457 (Business (Long Stay)) visa has ceased to be in effect;

                                   (C)     if:

                                                (I)     the primary sponsored person held a Subclass 020 (Bridging B) visa when the primary sponsored person left Australia; and

                                               (II)     the last substantive visa held by the primary sponsored person was a Subclass 416 (Special Program) visa, a Subclass 428 (Religious Worker) visa or a Subclass 457 (Business (Long Stay)) visa;

                                             the bridging visa has ceased to be in effect; and

                (c)    for a secondary sponsored person -- ends on the earliest of:

                          (i)    the day on which the Minister approves a nomination by another approved sponsor in which the primary sponsored person is identified; and

                         (ii)    the day on which the secondary sponsored person is granted a further substantive visa that:

                                   (A)     is a visa of a different subclass to the last substantive visa held by the secondary sponsored person; and

                                   (B)     is in effect; and

                         (iii)    the first day on which each of the following has occurred:

                                   (A)     the secondary sponsored person has left Australia;

                                   (B)     the Subclass 416 (Special Program) visa, the Subclass 428 (Religious Worker) visa or the Subclass 457 (Business (Long Stay)) visa has ceased to be in effect;

                                   (C)     if:

                                                (I)     the secondary sponsored person held a Subclass 020 (Bridging B) visa when the secondary sponsored person left Australia; and

                                               (II)     the last substantive visa held by the secondary sponsored person was a Subclass 416 (Special Program) visa, a Subclass 428 (Religious Worker) visa or a Subclass 457 (Business (Long Stay)) visa;

                                             the bridging visa has ceased to be in effect.



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