Commonwealth Numbered Acts

MIGRATION AMENDMENT ACT (No. 2) 1980 No. 175, 1980 - SECT 6

6. After section 6 of the Principal Act the following section is inserted:
Conditions on which entry permits may be granted to immigrants after entry
into Australia

"6A. (1) An entry permit shall not be granted to an immigrant after his entry
into Australia unless one or more of the following conditions is fulfilled in
respect of him, that is to say-

   (a)  he has been granted, by instrument under the hand of a Minister,
        territorial asylum in Australia;

   (b)  he is the spouse, child or aged parent of an Australian citizen or of
        the holder of an entry permit;

   (c)  he is the holder of a temporary entry permit which is in force and the
        Minister has determined, by instrument in writing, that he has the
        status of refugee within the meaning of the Convention relating to the
        Status of Refugees that was done at Geneva on 28 July 1951 or of the
        Protocol relating to the Status of Refugees that was done at New York
        on 31 January 1967;

   (d)  he is the holder of a temporary entry permit which is in force, is
        authorised to work in Australia and is not a prescribed immigrant; or

   (e)  he is the holder of a temporary entry permit which is in force and
        there are strong compassionate or humanitarian grounds for the grant
        of an entry permit to him.



"(2) An entry permit shall not be granted to an immigrant in respect of whom
the condition specified in paragraph (1) (a) is fulfilled (whether or not any
other condition specified in sub-section (1) is also fulfilled in respect of
him) otherwise than by the Minister.



"(3) Subject to sub-section (2), an entry permit shall not be granted to an
immigrant after his entry into Australia otherwise than by-

   (a)  the Minister; or

   (b)  an officer authorized by the Minister, by instrument in writing, to be
        an authorized officer for the purposes of this section.



"(4) In sub-section (1)-

   (a)  a reference to an aged parent shall be read as a reference to a parent
        who has attained the age upon the attainment of which an age pension
        might be granted to him under the Social Services Act 1947;

   (b)  a reference to a child of a person shall be read as a reference to a
        child of the person who is not married and-

        (i)    has not attained the age of 18 years; or

        (ii)   has attained the age of 18 years but has not attained the age
               of 21 years and has been determined by the Minister to be an
               integral part of the family of that person; and

   (c)  a reference to a prescribed immigrant shall be read as a reference to-

        (i)    the holder of a temporary entry permit who, in connection with
               his application, or last application, for a visa in respect of
               his travel to Australia acknowledged, in writing, that he
               understood and accepted that he would leave Australia on the
               completion of his studies or training in Australia;

        (ii)   the holder of a temporary entry permit who is the spouse or a
               child of a person referred to in sub-paragraph (i) and was
               granted a temporary entry permit permitting him to enter
               Australia only by reason that he was the spouse or child of
               that person; or

        (iii)  the holder of a temporary entry permit who, immediately before
               the grant of that temporary entry permit, was a person referred
               to in paragraph 8 (1) (b) or the spouse or dependent relative
               of such a person.



"(5) For the purposes of sub-section (4), the reference to a visa in sub-
paragraph (c) (i) shall be read as including a reference to any visa or
similar notation, or form of provisional authority to enter Australia, that
was issued before 1 November 1979.



"(6) For the purposes of sub-section (1), but without limiting the manner in
which a person may have been, or may be, authorized to work in Australia, the
holder of a temporary entry permit granted before 29 October 1979 shall be
taken to be authorized to work in Australia if, in the application or last
application to visit Australia made by him or on his behalf-

   (a)  in a case where the application was made by the holder-he did not
        declare that he would not engage in employment in Australia;

   (b)  in a case where the application was made on behalf of the holder-the
        person making the application did not declare that the holder would
        not engage in employment in Australia.



"(7) For the purposes of sub-section (1), a person who is the holder of a
temporary entry permit granted after 28 October 1979 shall be taken to be
authorized to work in Australia-

   (a)  if that temporary entry permit was not granted subject to any
        condition imposing restrictions with respect to the work that may be
        performed by him in Australia;

   (b)  if that temporary entry permit was granted subject to a condition
        imposing restrictions on his performing work other than specified work
        or work of a specified kind in Australia; or

   (c)  if that temporary entry permit was granted subject to a condition
        imposing restrictions on his performing any work without the
        permission, in writing, of an authorized officer, and such a
        permission in writing has been given and has not been revoked.



"(8) In this section, a reference to an entry permit shall be read as a
reference to an entry permit other than a temporary entry permit.".