Immigration Legislation Changes - 1 March 2006
Foreign Policy Grounds in Refusal or Cancellation of Visas
The power to refuse or cancel a visa due to foreign policy considerations has been broadened. Previous wording of Public Interest Criterion 4003 was that an application can be refused if a person's presence would be "prejudicial to relations between Australia and a foreign country". This has been changed to refusal where a person's presence would be "contrary to Australia's foreign policy interests". Similar changes have been made to the cancellation powers under Reg 2.43.Work and Holiday Visa (subclass 462)
This is a visa which is similar to a working holiday visa, but is only open to citizens of Iran or Thailand. It requires functional English and a letter of support from the person's government. The Regulations previously required the applicant to have a degree, diploma or higher qualification. This has been changed to require qualifications as specified by gazette notice - no gazette notice has yet been issued.Work in Detention Centres
Under s.235 is an offence for an unlawful non-citizen to work in Australia, unless prescribed circumstances exist. Reg 5.32A now prescribes work undertaken by an unlawful non-citizen in a detention centre as being such a prescribed circumstance. Detainees work for "merit points" which can be used to purchase items from the detention shop, via catalogues or in shops whilst on scheduled excursions.Applications for Parent Visas by Holders of Substituted 676 Visas
Where an application for ministerial intervention has resulted in the grant of a 676 Tourist visa, this is referred to as a "Substituted Subclass 676 Visa".Significant concessions have been introduced for holders of the Substituted 676 visa holders applying for an offshore Contributory Parent visa (subclass 143), or onshore aged parent (subclass 804) or Contributory Aged Parent (subclass 864) visas:
- Requirement to meet health waiver criterion 4007, rather than the usual 4005 criterion
- No requirement to meet criterion 4004 - Debt to Commonwealth. Significant where the applicant or family members have spent time in detention.
- No requirement to meet Balance of Family test
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