Commonwealth Consolidated Regulations

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MIGRATION REGULATIONS 1994 - REG 1.20HC

Waiving a bar

         (1)   For subsection 140O (1) of the Act, the following kinds of visas are prescribed:

                (a)    a Subclass 457 (Business (Long Stay)) visa granted on the basis that the requirements of subclause 457.223 (4) of Schedule 2 were met;

               (b)    a Subclass 457 (Business (Long Stay)) visa granted on the basis that the requirements of subclause 457.223 (5) of Schedule 2 were met;

                (c)    a Subclass 457 (Business (Long Stay)) visa granted to a person who is:

                          (i)    a member of the family unit; or

                         (ii)    the interdependent partner; or

                         (iii)    a dependent child of the interdependent partner;

                        of a person who has been granted a Subclass 457 (Business (Long Stay)) visa on the basis that the requirements of subclause 457.223 (4) or (5) of Schedule 2 were met.

         (2)   For subsection 140O (2) of the Act, a circumstance in which the Minister may waive a bar placed on a standard business sponsor, or a former business sponsor, under section 140J or 140K of the Act is that the person has made a request to the Minister to waive the bar.

         (3)   For subsection 140O (3) of the Act, the criteria to be taken into account by the Minister in determining whether to waive the bar are:

                (a)    whether Australia's interests would be significantly affected if the bar were not waived; and

               (b)    whether a substantial trade opportunity would be lost if the bar were not waived; and

                (c)    whether there would be a significant detriment to the Australian community if the bar were not waived; and

               (d)    whether the person's inability to be a standard business sponsor would significantly damage Australia's relations with the government of another country; and

                (e)    if the Minister has previously refused to waive the bar -- whether the Minister is satisfied that the circumstances in which the Minister took the criteria in paragraphs (a), (b), (c) and (d) into account have changed substantially.



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