Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014 (135 of 2014)

Schedule 2   Protection visas and other measures

Part 4   Permanent protection visas and temporary protection visas

Division 1   Main amendments

Migration Regulations 1994

36   Clause 866.230 of Schedule 2

Repeal the clause, substitute:

866.230

(1) If the applicant is a child to whom subregulation 2.08(2) applies, subclause (2) is satisfied.

(2) The Minister is satisfied that:

(a) the applicant is a member of the same family unit as an applicant to whom subclause 866.221(2) applies; and

(b) the applicant to whom subclause 866.221(2) applies has been granted a Subclass 866 (Protection) visa.

Note 1: Subregulation 2.08(2) applies, generally, to a child born to a non-citizen after the non-citizen has applied for a visa but before the application is decided.

Note 2: Subclause 866.221(2) applies if the Minister is satisfied that Australia has protection obligations in respect of the applicant as mentioned in paragraph 36(2)(a) or (aa) of the Act.

36A At the end of Schedule 8

Add:

8570 The holder must not:

(a) enter a country by reference to which:

(i) the holder was found to be a person to whom Australia has protection obligations; or

(ii) for a member of the family unit of another holder - the other holder was found to be a person to whom Australia has protection obligations; or

(b) enter any other country unless:

(i) the Minister is satisfied that there are compassionate or compelling circumstances justifying the entry; and

(ii) the Minister has approved the entry in writing.