(e) a decision under subregulation 5.19 (1B) to reject an application for approval of a nominated position.
[4106] Paragraph 4.02 (5) (c)
omit
relates.
relates;
[4107] After paragraph 4.02 (5) (c)
(d) in the case of a decision mentioned in paragraph (4) (e) — the employer to whose nomination of a position the decision relates.
[4108] Regulation 5.19, heading
5.19 Approval of nominated positions (employer nomination)
[4109] Subregulation 5.19 (1)
(1) An employer may apply to the Minister for approval of a nominated position as an approved appointment.
(1A) Application must be:
(a) made in accordance with approved form 785 or 1054; and
(b) accompanied by the fee prescribed in regulation 5.37.
(1B) The Minister may, by signed instrument, approve or reject an application.
(1C) However, the Minister must approve an application if:
(a) the application is made in accordance with subregulation (1A); and
(b) the nominated position is the subject of an employer nomination that meets the requirements of subregulation (2) or (4).
(1D) As soon as practicable after deciding an application, the Minister must give the employer:
(a) a copy of the instrument approving or rejecting the application; and
(b) if the application is rejected:
(i) a written statement of the reasons why the application was rejected; and
(ii) a written statement that the decision is an MRT-reviewable decision.
Note Division 4.1 deals with review of decisions. Paragraph 4.02 (4) (e) provides that a decision under subregulation 5.19 (1B) to reject an application is an MRT-reviewable decision. MRT-reviewable decision is defined in Division 2 of Part 5 of the Act.
121.221 The appointment mentioned in paragraph 121.211 (2) (a) or (3) (a) is an approved appointment.
[4302] Subclause 155.212 (3)
after
the Minister is satisfied that the applicant
has substantial business, cultural, employment or personal ties with Australia which are of benefit to Australia, and the applicant
[4303] Paragraph 155.212 (3) (a)
(a) has not been absent from Australia for a continuous period of 5 years or more immediately before the application for the visa, unless there are compelling reasons for the absence, and the applicant:
(i) holds a permanent visa; or
(ii) last departed Australia as an Australian permanent resident; or
(iii) last departed Australia as an Australian citizen, but has subsequently lost or renounced Australian citizenship; or
[4304] Paragraph 155.212 (3) (b)
omit
has not been absent from Australia for a continuous period of 5 years or more immediately before the application for the visa, unless there are compelling reasons for the absence.
was an Australian citizen, or an Australian permanent resident, less than 10 years before the application, and has not been absent from Australia for a period of, or periods that total, more than 5 years in the period from the date that the applicant last departed Australia as an Australian citizen or Australian permanent resident to the date of the application, unless there are compelling reasons for the absence.
[4305] Paragraph 155.212 (4) (b)
omit
or (3)
, (3) or (3A)
[4306] Clause 155.511
omit
(b) a shorter period determined by the Minister.
[4307] Clause 805.222
805.222 If the application is based on satisfaction of the criteria in subclause 805.213 (3) or (4), the appointment mentioned in paragraph 805.213 (3) (a) or (4) (a) is an approved appointment.
Part 4.4 Amendments of Schedule 4
[4401] Paragraph 4005 (c)
(c) is not a person who has a disease or condition to which the following subparagraphs apply:
[4402] Paragraph 4006A (1) (c)
(c) subject to subclause (2), is not a person who has a disease or condition to which the following subparagraphs apply:
[4403] Paragraph 4007 (1) (c)
(c) subject to subclause (2), is not a person who has a disease or condition to which the following subparagraphs apply: