Migration Legislation Amendment (2016 Measures No. 2) Regulation 2016 (F2016L00725)

Schedule 1   Norfolk Island transitional migration amendments

Migration Regulations 1994

14   After subitem 1216(3) of Schedule 1

Insert:

(3A) This subitem covers applications made on one of the following bases:

(a) that, on 30 June 2016, the applicant held either of the following permits granted under the Immigration Act 1980 (Norfolk Island):

(i) a temporary entry permit;

(ii) a general entry permit;

(b) that:

(i) on or before 30 June 2016, the applicant was born outside Norfolk Island (whether in or outside Australia); and

(ii) on 30 June 2016, the applicant did not hold either of the permits mentioned in paragraph (a); and

(iii) on 30 June 2016, a parent of the applicant (other than an adoptive parent) was covered by paragraph (a); and

(iv) on 30 June 2016, the applicant was a dependent child of the parent;

(c) that clause 159.311 of Schedule 2 is satisfied in relation to another applicant whose application is covered by paragraph (a) or (b) of this subitem.

Note: Paragraph (c) applies to a dependent child of the other applicant born in Australia on or after 1 July 2016. The child's application must be combined with that of the parent.

(3B) Other, if the application is covered by subitem (3A):

(a) An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

(b) Applicant may be in or outside Australia, but must not be in immigration clearance.

(c) Application by a person who is included in the passport of another applicant for a Resident Return (Temporary) (Class TP) visa may be made at the same time and place as, and combined with, the application by that other applicant.

(d) Application by a person is not a valid application if:

(i) the visa held by the person that was most recently in effect is, or was, the subject of a notice under the Act proposing cancellation; and

(ii) the person has not been notified of a decision not to proceed with the cancellation; and

(iii) the visa was not the subject of a decision to cancel the visa under the Act.

(e) Application by a person is not a valid application if:

(i) the visa held by the person that was most recently in effect was the subject of a decision to cancel the visa under the Act (whether or not the decision has come into effect); and

(ii) the decision to cancel the visa has not been set aside by the Tribunal.