Commonwealth Consolidated Regulations

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MIGRATION REGULATIONS 1994 - REG 2.17

Ways of giving evidence of a visa

         (1)   For the purposes of subsection 71 (1) of the Act (which deals with giving evidence of the grant of a visa), evidence of a visa that has been granted to a non‑citizen may be given:

                (a)    in the way (if any) specified in the relevant Part of Schedule 2 for a visa of that subclass; or

               (b)    if the relevant Part of Schedule 2 does not specify a way of giving evidence -- by:

                          (i)    a label that is affixed to the non‑citizen's passport by an officer; or

                         (ii)    an imprint that is stamped in the non‑citizen's passport by an officer; or

                         (iii)    a document that is given to the non‑citizen by an officer.

         (2)   Evidence of the grant of a substantive visa (other than a transitional visa) that is given by means of a visa label must include:

                (a)    a statement of the period for which the visa is in effect; and

               (b)    a statement of the class and the subclass to which the visa belongs; and

                (c)    if the visa allows the holder to travel to and enter Australia -- a statement of that fact.

         (3)   In a statement for the purposes of paragraph (2) (b):

                (a)    the class to which a visa belongs may be identified by the 2‑letter code specified in the heading of the relevant item of Schedule 1; and

               (b)    the subclass to which a visa belongs may be identified by the 3‑digit code of the relevant Part of Schedule 2.

         (4)   Every document of the kind referred to in subparagraph (1) (b) (iii) must be uniquely identified (for example, by a distinctive number).

         (5)   If the Minister has given to a non‑citizen to whom a visa has been granted a written statement of the conditions (if any) to which the grant of the visa is subject, it is not necessary for the evidence of the visa to set out those conditions.

         (6)   If:

                (a)    evidence of the grant of a visa (other than a transitional visa or a visa of a class referred to in regulation 2.18) to a non‑citizen has been given to the non‑citizen; and

               (b)    either:

                          (i)    the evidence, or the passport or document in which it was given, has been damaged, defaced, lost, stolen or destroyed, or otherwise cannot, for good reason, be presented for travel purposes; or

                         (ii)    the passport or document has expired, or has been cancelled, or is no longer applicable to that person;

                        replacement evidence may be given to the non‑citizen in any way mentioned in the Part of Schedule 2 that relates to visas of the same subclass as the visa that was granted.

         (7)   In the case of a substantive visa, the replacement evidence must include:

                (a)    a statement of the period for which the visa is in effect; and

               (b)    a statement of the class and the subclass to which the visa belongs; and

                (c)    if the visa allows the holder to travel to and enter Australia, a statement of that fact.



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