Commonwealth Numbered Regulations

1996 No. 12 MIGRATION REGULATIONS (AMENDMENT) - REG 10

(NOTE: The Note in Division 686.1 should be omitted and the following Note
substituted: "(NOTE: 'Oral application' and 'tourism' are defined in
regulation 1.03. No interpretation provisions specific to this Part.)".

10.1 Paragraph 686.221 (4) (a), (b), (c) and (d): Omit the paragraphs,
substitute:

"(a) the applicant is in Australia; and

   (aa) the application is not an oral application; and

   (b)  the applicant is suffering financial hardship as a result of changes
        in the applicant's circumstances after entering Australia; and

   (c)  the applicant, or a member of the applicant's immediate family, is
        likely to become a charge on public funds in Australia; and

   (d)  for reasons beyond the applicant's control, the applicant, or a member
        of the applicant's immediate family, cannot leave Australia; and".

10.2 Paragraph 686.221 (4) (f): Omit the paragraph, substitute:

"(f) the applicant meets public interest criterion 4005; and".

10.3 Subclause 686.511 (2):
After "If the visa is granted in Australia", insert "on the basis of an
application other than an oral application".

10.4 Clause 686.511: Add at the end:

"(3) If the visa is granted in Australia on the basis of an oral
application-temporary visa permitting the holder:

   (a)  to remain in Australia until the date (in this subclause called 'the
        last stay date') that is the earlier of:

        (i)    the date 6 months after the latest date on which the
               substantive visa held by the holder at the time of making the
               oral application would have permitted the holder to remain in
               Australia; or

        (ii)   the date 12 months from the date on which the holder last
               entered Australia; and

   (b)  if the visa holder leaves Australia during the visa period:

        (i)    to travel to, and enter, Australia on 1 or more occasions until
               the date that is the later of:

                (A)  the latest date on which the holder could have entered
                     Australia under the authority of the substantive visa
                     held by the holder at the time of making the oral
                     application; or

                (B)  the last stay date; and

        (ii)   to remain in Australia after each entry:

                (A)  for a period specified by the Minister for the purpose;
                     or

                (B)  until a date specified by the Minister for the purpose.".

10.5 Clause 686.611: Omit the clause, substitute:

"686.611 In the case of a visa granted to an applicant who meets the
requirements of subclause 686.221 (4): conditions 8201 and 8205.".

10.6 Clause 686.711: Omit the clause, substitute:

"686.711 No evidence need be given if the visa is granted on the basis of an
oral application.

"686.712 If evidence is given, to be given by visa label affixed to a valid
passport.".