Migration Legislation Amendment (2017 Measures No. 3) Regulations 2017 (F2017L00816)

Schedule 1   Retirement visas

Migration Regulations 1994

14   Subclause 410.321(5) of Schedule 2

Repeal the subclause, substitute:

(5) If the applicant is in Australia, the applicant has complied substantially with the conditions (the previous visa conditions ) that apply or applied to the last of any substantive visas held by the applicant, and to any subsequent bridging visa, unless:

(a) if condition 8303 was a previous visa condition - the applicant has complied substantially with that condition; and

(b) either:

(i) the applicant holds a Subclass 410 visa; or

(ii) the last substantive visa held by the applicant was a Subclass 410 visa; and

(c) the Minister is satisfied that the applicant was unable to comply substantially with the previous visa conditions (other than condition 8303) because of compassionate and compelling circumstances.