Commonwealth Consolidated Regulations

MIGRATION REGULATIONS 1994 - REG 2.08D

         (1)   This regulation applies to a person if:

                (a)    the person applied for an Independent (Migrant) (Class AT) visa or a Skilled -- Australian-linked (Migrant)
(Class AJ) visa; and

               (b)    on or after 1 July 1999, the Minister made an assessment under subsection 93 (1) of the Act in relation to that application; and

                (c)    the Minister has refused to grant the visa, or the application was taken to be put into a pool under paragraph 94 (3) (b) of the Act; and

               (d)    the Minister is satisfied, from information available to the Minister, that, if the person had applied for:

                          (i)    a Skilled -- Independent (Migrant) (Class BN) visa; or

                         (ii)    a Skilled -- Australian-sponsored (Migrant) (Class BQ) visa; or

                        (iii)    a Skilled -- Designated Area-sponsored (Provisional) (Class UZ) visa;

                        it is likely that the visa would have been granted.

         (2)   The Minister may invite the person to make an application (a  further application ) for:

                (a)    a Skilled -- Independent (Migrant) (Class BN) visa; or

               (b)    a Skilled -- Australian-sponsored (Migrant) (Class BQ) visa; or

                (c)    a Skilled -- Designated Area-sponsored (Provisional) (Class UZ) visa.

Note    If the Minister gives a person a document by a method specified in section 494B of the Act, the person is taken to have received the document at the time specified in section 494C of the Act in respect of the method.

         (3)   If the person is invited to make a further application, and wishes to make the application, the application must be made not later than 12 months after the day on which the invitation is received.