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

Schedule 1   Norfolk Island transitional migration amendments

Migration Regulations 1994

30   At the end of Subdivision 808.21 of Schedule 2

Add:

808.213

(1) This clause applies if paragraph 1111(2A)(b), (c) or (d) of Schedule 1 covers the application.

Note: Paragraphs 1111(2A)(b), (c) and (d) of Schedule 1 cover applications made on the basis of the former migration status under the Immigration Act 1980 (Norfolk Island) of the applicant or a parent of the applicant.

(2) The application must be made before 1 January 2024, unless the Minister is satisfied that there are compelling reasons for granting the visa.

(3) During a period of, or periods that total, not less than 5 years in the period of 7 years immediately before the application is made (including any period, or part of a period, before 30 June 2016), the applicant meets the requirements of subclause (4).

(4) The applicant meets the requirements of this subclause during any period or periods while:

(a) the applicant is (or has been) lawfully present in Norfolk Island; or

(b) the applicant is (or has been) lawfully present in a place elsewhere in Australia, and:

(i) has not turned 25; and

(ii) is a dependent child of a person who is ordinarily resident in Norfolk Island; and

(iii) lives (or has lived) in that place for the purpose of study; and

(iv) while living there, meets (or met) the requirements mentioned in condition 8105 (which relates to students engaging in work).

Note 1: An applicant can meet the requirements of subclause (4) by a combination of periods to which either paragraph (4)(a) or (4)(b) applies, if the total duration of that combination of periods amounts to not less than 5 years.

Note 2: Condition 8105 is not imposed on the visa.