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MIGRATION REGULATIONS (AMENDMENT) 1991 No. 2 - REG 9.
Regulation 42 (Prescribed criteria—entry permits)
9.1
Subregulation 42 (1):
Omit "of a class specified", substitute "referred to".
9.2
Subregulation
42 (1):
Omit "that class of entry permits.", substitute "that entry
permit.".
9.3
Subregulation 42 (1A):
Omit the subregulation,
substitute:
"(1A) Where an illegal entrant applies for an entry permit, other than an
entry permit of a kind to which subregulation (1B), (2) or (6) applies, the
following criteria are prescribed:
(a) in the case of an applicant for the entry permit who:
(i) has been an illegal entrant for less than 12 months; and
(ii) has been arrested under section 92 or 93 of the Act;
the applicant has applied for the entry permit:
(iii) not later than 2 working days after being so arrested; or
(iv) if, not later than 2 working days after being so arrested, the
applicant asks the Minister in writing to be allowed to apply
for the entry permit within 7 working days after being so
arrested—not later than the expiry of those 7 working
days; or
(b) in the case of an applicant for the entry permit who:
(i) has been arrested under section 92 or 93 of the Act on or
before 10 December 1990; and
(ii) satisfies the criteria specified in subparagraph
127 (a) (vi); and
(iii) is an applicant for an extended eligibility (family) entry
permit;
the applicant has applied for the entry permit:
(iv) not later than 12 December 1990; or
(v) if, not later than 12 December 1990, the applicant asks the
Minister, in writing to be allowed to apply for the entry
permit within 5 working days after being so arrested—not
later than the expiry of those 5 working days; or
(c) in the case of an applicant for the entry permit who:
(i) has been arrested under section 92 or 93 of the Act after 10
December 1990; and
(ii) satisfies the criteria specified in subparagraph 127 (a)
(vi); and
(iii) is an applicant for an extended eligibilty (family) entry
permit;
the applicant has applied for the entry permit:
(iv) not later than 2 working days after being so arrested; or
(v) if, not later than 2 working days after being so arrested, the
applicant asks the Minister in writing to be allowed to apply
for the entry permit within 7 working days after being so
arrested—not later than the expiry of those 7 working
days; or
(d) in the case of an applicant who has not been arrested under section 92
or 93 of the Act, the applicant:
(i) is a prescribed applicant within the meaning of subregulation
(1C); or
(ii) has applied for the entry permit not later than 12 months after
becoming an illegal entrant; or".
9.4
After subregulation
42 (1A) insert:
"(1B) The following criteria are prescribed in relation to December 1989
(temporary) entry permits and December 1989 (permanent) entry permits:
(a) in the case of an applicant who has been arrested under section 92 or
93 of the Act on or before 10 December 1990—the applicant applied
for the entry permit:
(i) not later than 12 December 1990; or
(ii) if, not later than 12 December 1990, the person asked the
Minister in writing to be allowed to apply within a further 5
working days after 12 December 1990—not later than the
expiry of those 5 working days; or
(b) in the case of an applicant who has been arrested under section 92 or
93 of the Act after 10 December 1990—the applicant applied for
the entry permit:
(i) not later than 2 working days after being so arrested; or
(ii) if, not later than 2 working days after being so arrested, the
person asks the Minister in writing to be allowed to apply for
the entry permit within 7 working days after being so
arrested—not later than the expiry of those 7 working
days; or
(c) in the case of an applicant who was a prohibited non-citizen on or
before 18 December 1989—the applicant has not at any time been
arrested under section 92 or 93 of the Act.".
9.5
Sub-subparagraph
42 (1C) (c) (i) (B):
Omit the sub-subparagraph,
substitute:
"(B) the holder of a return visa, Class A, B, C, D or E, granted before 10
December 1990 in circumstances declared by subregulation (1E) to be special
circumstances; or".
9.6
After subregulation (1D), insert:
"(1E) For the purposes of sub-subparagraph (1C) (c) (i) (B), a
return visa was granted in special circumstances if, when applying for the
visa, the holder:
(a) claimed to have been an Australian permanent resident immediately
before going overseas; and
(b) was unable to provide satisfactory evidence to substantiate that
claim; and
(c) satisfied the Minister that he or she had urgent and compelling
reasons for travelling to Australia before the claim could be
substantiated.".
9.7
Subregulation 42 (2):
Omit "in Schedule 3,
in Schedule 3", substitute "in Schedule 3".
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