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34a. Satisfaction of prescribed criteria

34b. Entry permit to be subject to conditions of visa or previous entry permit

35. Notice of decision on application for visa or entry permit

35a. Grant of entry permit after expiry

35b. Extension of time to satisfy requirement or condition

36. Restrictions on entry—readmission

37. “Prescribed vessel” and “prescribed crew member”—definition of “exempt non-citizen”

37a. Endorsement of visa or entry permit in relation to section 11a notice—code or abbreviation

38. Prescribed circumstances—section 11zd of the Act

39. Prescribed class of persons—definition of “prescribed non-citizen” in subsection 11zd (7) of the Act

40. Prescribed change in circumstances—paragraphs 11s (1) (a) and 11t (2) (a) of the Act

PART 3—PRESCRIBED CRITERIA FOR CLASSES OF VISAS AND ENTRY PERMITS

Division 1—General

41. Prescribed criteria—classes of visas

42. Prescribed criteria—classes of entry permits

43. Additional criteria

Division 2—Additional criteria for visas

44. Spouse visa

45. Child visa

46. Adoption visa

47. Business (general) visa

48. Business (joint venture) visa

49. Distinguished talent (Australian support) visa

50. Distinguished talent (independent) visa

51. Employer nomination visa

52. Labour agreement visa

53. Family reunion (New Zealand citizen) visa

54. Former citizen visa

55. Former resident visa

56. Australian requirement visa

57. Diplomatic visa

58. Dependant (subsequent entry) visa

59. Domestic worker (diplomatic or consular) visa

60. Domestic worker (overseas executive) visa

61. Educational visa

62. Entertainment visa

63. Expatriate visa

64. Exchange visa

65. Executive (overseas) visa

66. Family relationship visa

67. Foreign government agency visa

69. Independent executive visa

TABLE OF PROVISIONS—continued

Regulation

71. Medical practitioner visa

72. Prospective marriage visa

73. Public lecturer visa

74. Religious worker visa

75. Retirement visa

76. Special program visa

77. Specialist (overseas) visa

78. Sport visa

79. Supported dependant visa

80. Visiting academic visa

81. Working holiday visa

82. Private subsidised student visa

83. Student (AIDAB) visa

84. Student (Equity and Merit Scholarship Scheme) visa

85. Student (formal course) visa

86. Trainee (English language) visa

87. Trainee (non-formal course) visa

88. Business visitor visa

89. Close family visitor visa

90. Medical treatment visa

91. Tourist visa

92. Tourist (special arrangements) visa

93. Visitor (other) visa

94. Return visa, Class A

95. Return visa, Class B

96. Return visa, Class C

97. Return visa, Class D

98. Return visa, Class E

Division 3—Additional criteria in relation to visas subject to special provision

99. Division to cease to have effect

100. Interpretation

101. Refugee visa

102. In-country special humanitarian program visa

103. Global special humanitarian program visa

104. Emergency rescue visa

105. Woman at risk visa

106. Camp clearance visa

107. Lebanese concession visa

Division 4—Prescribed criteria in relation to visas and entry permits: special cases

108. Grant of visa or entry permit to accompanying dependant

109. Entry permit for statutory visitor

110. Transit visa

111. Border visa

112. Border entry permit

112a. Restricted passport visa

113. Emergency (temporary entry) visa

114. Emergency (permanent entry) visa

115. Grant of visa to enable re-entry to Australia

116. Refugee A (restricted) visa or entry permit

117. Refugee B (restricted) visa or entry permit

118. Refugee C (restricted) entry permit

119. Refugee D (restricted) entry permit

119a. Grant of return visa, Class B in certain cases

119b. Processing visa

119c. Return entry permit, Class E—return endorsement

TABLE OF PROVISIONS—continued

Regulation

Division 5—Prescribed criteria in relation to temporary entry permits granted only in Australia

120. Grant of temporary entry permit (other than working holiday entry permit) to holder of visitor visa or entry permit

121. Grant of temporary entry permit to holder of working holiday visa or entry permit

122. Grant of temporary entry permits to holders of certain student visas or entry permits

123. Grant of visitor or student entry permits to holders of certain student visas or entry permits

124. Grant of student entry permit to holder of or person included in diplomatic visa

125. Grant of temporary entry permit to lawful temporary resident

126. Extended eligibility (spouse) entry permit

127. Extended eligibility (family) entry permit

128. Extended eligibility (economic) entry permit

129. Extended eligibility (other) entry permit

130. Extended eligibility (limited) entry permit

131. Processing entry permit

Division 6—Prescribed criteria in relation to certain classes of permanent entry permits granted only in Australia

133. Application of Division

134. Territorial asylum entry permit

135. Spouse (after entry) entry permit

136. Child (after entry) entry permit

137. Aged parent (after entry) entry permit

138. Refugee (after entry) entry permit

139. Skilled occupation entry permit

140. Compassionate grounds entry permit

141. Humanitarian grounds entry permit

142. Confirmatory entry permit

Division 7—Waiver of prescribed criteria

143. Waiver of good character requirement

144. Waiver of health criteria

Division 8—Prescribed qualifications: application of points system

145. Prescribed qualifications and prescribed number of points

146. Qualification—suitability; for employment

147. Qualification—relationship

PART 4—COLLECTION OF INFORMATION WITH RESPECT TO PERSONS ON VESSELS

148aa. Provision of information—general requirement

148a. Use of information

PART 8—MISCELLANEOUS

Division 1—Lodgment and service of documents

169. Service of documents generally

170. Service outside Australia

171. Service on owner, agent or charterer of vessel, or on master

172. Service of notice on Bank or other financial institution—subsection 21d (6) of the Act

173. Time when service takes effect

TABLE OF PROVISIONS—continued

Regulation

Division 2—General

174. Summons to attend as witness

175. Section 11a notice

176. Prescribed diseases—subparagraph 11a (1) (d) (i) of the Act

177. Prescribed circumstances—subparagraph 11a (1) (d) (vi) of the Act

178. Prescribed procedures—subsection 17a (2) of the Act

179. Prescribed matters—subsections 18 (1) and 31a (1) of the Act

180. Prescribed matters—subsection 20 (1) of the Act

181. Search warrants under subsections 21d (14) and 37 (4) of the Act

182. Document for the purposes of subsection 60 (2) of the Act

Division 3—Fees

183. Fees in respect of grant of visas and entry permits

184. Fee on application for permanent entry permit by holder of return visa

185. Fee on application for temporary entry permit granted only in Australia

186. Fee on application for certain entry permits

187. Fee on application for skilled occupation entry permit

188. Fee on application for confirmatory entry permit

189. Fee on application for extended eligibility (economic) entry permit

190. Fee on application for return visa, Class B

191. Fee on application for visa to enable re-entry to Australia

192. Sponsorship fee

193. Fee for language test

194. Refund of fees

195. Fees—transitional

SCHEDULE 1

CRITERIA AND REPRESENTATIVE SYMBOLS

SCHEDULE 2

CERTAIN CLASSES OF VISAS, PRESCRIBED CRITERIA AND CODE NUMBERS

PART 1—CLASSES OF VISAS NOT SUBJECT TO SPECIAL PROVISION

PART 2—CLASSES OF VISAS SUBJECT TO SPECIAL PROVISION

PART 3—CLASSES OF VISAS AND CODE NUMBERS NOT SUBJECT TO SPECIAL PROVISION

SCHEDULE 3

CERTAIN CLASSES OF ENTRY PERMITS

PART 1—CLASSES OF ENTRY PERMITS TO WHICH NO ADDITIONAL PRESCRIBED CRITERIA APPLY

PART 2—CLASSES OF ENTRY PERMITS TO WHICH ADDITIONAL PRESCRIBED CRITERIA APPLY

PART 3—FURTHER CLASSES OF ENTRY PERMITS

SCHEDULE 4

PRESCRIBED QUALIFICATIONS AND PRESCRIBED NUMBER OF POINTS

PART 1-EMPLOYMENT QUALIFICATION

PART 2—AGE QUALIFICATION

TABLE OF PROVISIONS—continued

PART 3—LANGUAGE SKILL QUALIFICATION

PART 4—RELATIONSHIP QUALIFICATION

PART 5—CITIZENSHIP QUALIFICATION

PART 6—SETTLEMENT QUALIFICATION

PART 7—LOCATION QUALIFICATION

SCHEDULE 5

MANDATORY CONDITIONS FOR GRANT OF VISAS AND ENTRY PERMITS

SCHEDULE 6

FORMS

SCHEDULE 7

ENDORSEMENT OF VISAS AND ENTRY PERMITS FOR PURPOSES OF SUBSECTIONS 11a (3a) AND (4) OF THE ACT—CODES OR ABBREVIATIONS

SCHEDULE 8

FEES

Statutory Rules 1989 No. 3651

—————

Migration (Criteria and General)

Regulations

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and pursuant to section 4 of the Acts Interpretation Act 1901, hereby make the following Regulations under the Migration Act 1958.

Dated 14 December 1989.

BILL HAYDEN

Governor-General

By His Excellency’s Command,

ROBERT RAY

Minister of State for Immigration,

Local Government and Ethnic Affairs

————

PART 1—PRELIMINARY

Citation

1. These Regulations may be cited as the Migration (Criteria and General) Regulations.

Interpretation

2. (1) In these Regulations, unless the contrary intention appears:

“adopted”, in relation to a person, means adopted:

(a) before the person adopted turned 18; and

(b) under formal arrangements by which another person assumed the custody or guardianship of the person;

under the law of any place (whether in Australia or overseas) relating to the adoption of children;

“aged dependent relative”, in relation to a person who is:

(a) an applicant for a visa or an entry permit; or

(b) an Australian citizen resident in Australia; or

(c) an Australian permanent resident;

means a relative who:

(d) has never married, or is widowed, divorced or formally separated; and

(e) has been dependent on that person for a reasonable period, and remains so dependent; and

(f) is old enough to be granted an age pension under the Social Security Act 1947;

“AIDAB” means the Australian International Development Assistance Bureau within the Department of Foreign Affairs and Trade;

“assisted student” means:

(a) a private student who has been granted entry to Australia for study or training in Australia under the Private Overseas Student Scheme administered by the Department of Employment, Education and Training; or

(b) a student granted entry to Australia for study or training in Australia under the Equity and Merit Scholarship Scheme administered by AIDAB; or

(c) a student granted entry to Australia for study or training in Australia under the sponsorship of AIDAB;

“assurance of support”, in relation to an application for the grant of a visa or an entry permit, means an assurance of support under Part IV of the Migration Regulations;

“Australian permanent resident” means a non-citizen other than an illegal entrant who, being usually resident in Australia, is:

(a) the holder of:

(i) a valid permanent entry permit; or

(ii) a return visa that is in force; or

(b) a person who:

(i) is likely to remain permanently in Australia; and

(ii) is a person, or is included in a class of persons, referred to in paragraph (e) of the definition of ‘exempt non-citizen’ in subsection 5 (1) of the Act; or

(c) a person, other than a person to whom subparagraph (b) (ii) applies, whose continued presence in Australia is not subject to a limitation as to time imposed by law;

“child for adoption” means a person resident in an overseas country who has not turned 18 in the case where:

(a) an unmarried person who is an Australian citizen or an Australian permanent resident, or spouses at least one of whom is an Australian citizen or an Australian permanent resident, have undertaken in writing to adopt the child; and

(b) the child welfare authorities of the relevant State or Territory in Australia have approved that person or those spouses as suitable adoptive parents for that child; and

(c) the relevant authorities of the overseas country have approved the departure of the child for adoption in Australia or in the custody of the adoptive parents;

“close relative”, in relation to a person, means:

(a) the spouse of the person; or

(b) a child, adopted child, parent, brother or sister of the person or a step-relative within the same degree of relationship;

“CTC” means a Central Committee within the meaning of Part II, III, IV, V or VIa of the Tradesmen’s Rights Regulation Act 1946;

“custody”, in relation to a child, means:

(a) the right to have the daily care and control of the child; and

(b) the right and responsibility to make decisions concerning the daily care and control of the child;

“de facto spouse” means a person who is living with another person of the opposite sex as the spouse of the other person on a genuine domestic basis although not legally married to the other person;

“dependent”, in relation to a person, means wholly or substantially dependent on another person for financial, psychological or physical support;

“dependent child”, means the natural or adopted child of a person (other than a child who is a spouse or engaged to be married), being a child:

(a) who:

(i) has not turned 18; or

(ii) has turned 18 and is dependent on that person;

and is wholly or substantially in the daily care and control of that person; or

(b) who is wholly or substantially incapacitated for work because of a physical or mental impairment;

“equivalent”, in relation to a class of entry permits, means specified in Schedule 3 by the same words as those specifying a class of visas in Schedule 2;

“extended eligibility entry permit” means any of the following entry permits:

(a) extended eligibility (spouse) entry permit;

(b) extended eligibility (family) entry permit;

(c) extended eligibility (economic) entry permit;

(d) extended eligibility (other) entry permit;

(e) extended eligibility (limited) entry p

This is an opening excerpt, not the complete document.