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Special Category Visa eligibility restored for specified New Zealand citizens after cancellation revocation

Validated finding · five-country-2010-20260922-v118-evidence-presentation-fix

CountryAustralia
Operative dateOctober 17, 2015
CategoryMigration policy
Affected groupNew zealand citizens applying for a special category visa after revocation of mandatory visa cancellation

Policy effect

For visa applications made on or after October 17, 2015, the Special Category Visa rules allowed specified New Zealand citizens whose mandatory visa cancellation under subsection 501(3A) had been revoked following their representations to qualify despite the associated behaviour-concern ground. They had to present a current New Zealand passport and not be a health-concern non-citizen. The revocation could not have been set aside by the Minister under subsection 501BA(2), and no new behaviour-concern ground could have arisen since their representations, apart from removal or deportation caused by the cancelled visa.

Conditions and exceptions

Validated condition or limit: For visa applications made on or after October 17, 2015, the Special Category Visa rules allowed specified New Zealand citizens whose mandatory visa cancellation under subsection 501(3A) had been revoked following their representations to qualify despite the associated behaviour-concern ground.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

… edules Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.Authorised Version F2015L01661 registered 16/10/2015 Schedule 1 Amendments 2 Migration Amendment (Special Category Visas and Special Return Criterion 5001) Regulation 2015 No. 169, 2015 OPC61527 - A Schedule 1—Amendments Migration Regulations 1994 1 Regulation 1.03 (definition of special return criterion) Omit “Part 1 of”. 2 Regulation 5.15A Repeal the … regulation, substitute: 5.15A Special category visas—declared classes of New Zealand citizens (1) For paragraph 32(2)(c) of the Act, a person is in a class of persons for whom a visa of a class other than a special category visa would be inappropriate if the person: (a) is a New Zealand citizen who holds, and has presented to an officer, a New Zealand passport that is in force; and (b) is not a health concern non-citizen; and (c) is covered by subregulation (2) or (3). (2) A person is covered by this subregulation if the person is a behaviour concern non-citizen only because of having been exc … luded from a country other than Australia in circumstances that, in the opinion of the Minister, do not warrant the exclusion of the person from Australia. (3) A person is covered by this subregulation if: (a) the Minister has, under subsection 501(3A) of the Act (person serving sentence of imprisonment), cancelled a visa held by the person; and (b) the person has made representations to the Minister in accordance with the invitation given by the Minister under subsection 501CA(3) of the Act; and (c) the decision to cancel the visa is revoked under subsection 501CA(4) of the Act; and (d) the M … inister has not, under subsection 501BA(2) of the Act, set aside the decision to revoke the cancellation of the visa; andAuthorised Version F2015L01661 registered 16/10/2015 Amendments Schedule 1 No. 169, 2015 Migration Amendment (Special Category Visas and Special Return Criterion 5001) Regulation 2015 3 OPC61527 - A (e) since the person made the representations to the Minister mentioned in paragraph (b), no new grounds have arisen for the person to fall within the definition of behaviour concern non-citizen in subsection 5(1) of the Act, unless the only new ground that has arisen is the pers … on’s removal or deportation from Australia because of the decision to cancel the visa. 3 Division 444.2 of Schedule 2 (note) Repeal the note, substitute: Note: The only criteria are those set out in section 32 of the Act and in regulation 5.15A. 4 At the end of clause 5001 of Schedule 5 Add: ; or (d) a person whose visa has been cancelled under section 501BA of the Act if the Minister has not, acting personally, granted a permanent visa to the person after that cancellation. 5 Schedule 13 Insert in its appropriate numerical position: Part 47—Amendments made by the Migration Amendment (Special … Authorised Version F2015L01661 registered 16/10/2015 Authorised Version F2015L01661 registered 16/10/2015 No. 169, 2015 Migration Amendment (Special Category Visas and Special Return Criterion 5001) Regulation 2015 1 OPC61527 - A 1 Name This is the Migration Amendment (Special Category Visas and Special Return Criterion 5001) Regulation 2015. 2 Commencement (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement inf … ormation Column 1 Column 2 Column 3 Provisions Commencement Date/Details The whole of this instrument The day after this instrument is registered. 17 October 2015 Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument. (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument. 3 Authority This instrument is made under the Migration Act 1958. 4 Sch …
Federal Register of LegislationF2015L01661, commencement, Schedule 1 and official explanatory statementOpen official source
Retrieved from https://www.legislation.gov.au/F2015L01661/asmade/2015-10-15/text/original/pdf

Review method

Two separate automated exact-claim source reviews

Automated source validation is not independent human legal review. The finding should not be treated as legal advice. Record recovered-au-nz-scv-revocation-exception-20151017. Something wrong? Flag this record.

Other Australia changes operative in 2015