Commonwealth legislation

Migration (MARA—Extension of eligible period for restricted legal practitioners) Instrument (LIN 21/020) 2021

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Commonwealth

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legislative instrument

Plain English Summary

3/10 complexity

This instrument specifies what decision‑makers must consider when extending the "eligible period" for restricted legal practitioners under subsection 278A of the Migration Act and requires written decisions to state reasons, factual findings and the evidence relied on (cls 3–4). It affects applicants seeking extra time to complete supervised legal practice and shifts the evidentiary and compliance burden onto applicants to substantiate employment, financial, study, family, health or other hardship matters while giving the decision‑maker discretion to weigh those factors (cl 3).

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Current sections

Direct links to the current provisions in Migration (MARA—Extension of eligible period for restricted legal practitioners) Instrument (LIN 21/020) 2021.

Migration (MARA—Extension of eligible period for restricted legal practitioners) Instrument (LIN 21/020) 2021

Commonwealth Coat of Arms

LIN 21/020

Migration (MARA—Extension of eligible period for restricted legal practitioners) Instrument (LIN 21/020) 2021

I, Jason Wood, Assistant Minister for Customs, Community Safety and Multicultural Affairs, make this instrument under subsection 278A(9) of the Migration Act 1958 (the Act).

Dated 18 October 2021

Jason Wood

Assistant Minister for Customs, Community Safety and Multicultural Affairs

1 Name

This instrument is the Migration (MARA—Extension of eligible period for restricted legal practitioners) Instrument (LIN 21/020) 2021.

2 Commencement

This instrument commences on the day after registration.

3 Circumstances for extension of eligible period

For subsection 278A(7) of the Act, the following circumstances are determined:

(a) the employment, business and volunteering commitments of the eligible person who has made the application under subsection 278A(4) of the Act (the applicant);

(b) the applicant’s financial circumstances;

(c) any attempt made by the applicant to secure a supervised legal practice placement on a full-time basis for a two-year period;

(d) the applicant’s study commitments;

(e) the applicant’s family responsibilities, including responsibility to provide care to:

(i) the applicant’s spouse; or

(ii) a member of the applicant’s family; or

(iii) a relative of the applicant;

(f) any medical condition that the applicant has;

(g) any other hardship that applies to the applicant.

Note The concepts of spouse, members of a family and relative are defined in sections 5F and 5G of the Act.

4 Details to be included in a written notice

For subsection 278A(8) of the Act, the notice of the decision must include the following details:

(a) the reasons for the decision to extend the eligible period or to refuse to extend the eligible period;

(b) findings on material questions of fact relied upon in making the decision;

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

1 Migration (MARA—Extension of eligible period for restricted legal practitioners) Instrument (LIN 21/020) 2021

LIN 21/020

Migration (MARA—Extension of eligible period for restricted legal practitioners) Instrument (LIN 21/020) 2021

I, Jason Wood, Assistant Minister for Customs, Community Safety and Multicultural Affairs, make this instrument under subsection 278A(9) of the Migration Act 1958 (the Act).

Dated 18 October 2021

Jason Wood

Assistant Minister for Customs, Community Safety and Multicultural Affairs

1 Name

This instrument is the Migration (MARA—Extension of eligible period for restricted legal practitioners) Instrument (LIN 21/020) 2021.

2 Commencement

This instrument commences on the day after registration.

3 Circumstances for extension of eligible period

For subsection 278A(7) of the Act, the following circumstances are determined:

(a) the employment, business and volunteering commitments of the eligible person who has made the application under subsection 278A(4) of the Act (the applicant);

(b) the applicant’s financial circumstances;

(c) any attempt made by the applicant to secure a supervised legal practice placement on a full-time basis for a two-year period;

(d) the applicant’s study commitments;

(e) the applicant’s family responsibilities, including responsibility to provide care to:

(i) the applicant’s spouse; or

(ii) a member of the applicant’s family; or

(iii) a relative of the applicant;

(f) any medical condition that the applicant has;

(g) any other hardship that applies to the applicant.

Note The concepts of spouse, members of a family and relative are defined in sections 5F and 5G of the Act.

4 Details to be included in a written notice

For subsection 278A(8) of the Act, the notice of the decision must include the following details:

(a) the reasons for the decision to extend the eligible period or to refuse to extend the eligible period;

(b) findings on material questions of fact relied upon in making the decision;