Commonwealth Numbered Acts

VETERANS' AFFAIRS (1994-95 BUDGET MEASURES) LEGISLATION AMENDMENT ACT (No. 2) 1994 No. 164 of 1994 - SECT 41

41. Section 5C of the Principal Act is amended:

   (a)  by inserting in subsection (1) the following definitions:

" 'former refugee' means a person who was a refugee but does not include a
person who ceased to be a refugee because his or her entry permit or visa (as
the case may be) was cancelled;
'refugee' has the meaning given by subsection (4);";

   (b)  by adding at the end the following subsections: Refugee

"(4) For the purposes of Part III, a person is a refugee if the person:

   (a)  is taken, under the Migration Reform (Transitional Provisions)
        Regulations, to be the holder of a transitional (permanent) visa
        because the person was immediately before 1 September 1994 the holder
        of:

        (i)    an entry permit that fell within Division 1.3-Group 1.3
               (Permanent resident (refugee and humanitarian) (offshore)) in
               Part 1 of Schedule 1 to the Migration (1993) Regulations as
               then in force; or

        (ii)   an entry permit that fell within Division 1.5-Group 1.5
               (Permanent resident (refugee and humanitarian) (on-shore)) in
               Part 1 of Schedule 1 to the Migration (1993) Regulations as
               then in force; or

        (iii)  a Class 827 (Refugee (transitional)) entry permit within the
               meaning of the Migration (1993) Regulations as then in force;
               or

   (b)  was immediately before 1 February 1993 the holder of an entry permit
        of a class prescribed under the Migration Regulations as then in force
        that corresponds to an entry permit referred to in subparagraph
        (a)(i), (ii) and (iii); or

   (c)  is the holder of:

        (i)    a permanent protection visa; or

        (ii)   a permanent visa of a class specified in Schedule 2A; or

        (iii)  a permanent visa of a class specified in a declaration of the
               Minister under subsection (5) that is in force.



"(5) If:

   (a)  after the commencement of this subsection, a class of permanent visas
        (other than a class specified in Schedule 2A) is prescribed by
        regulations made for the purposes of section 31 of the Migration Act
        1958; and

   (b)  the Minister is of the view that a person holding a visa of that class
        should be included in the definition of 'refugee' for the purposes of
        Part III; the Minister may declare in writing that class of visas to
        be an approved class of visas for the purposes of the definition. The
        declaration is a disallowable instrument.".