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

Schedule 1   Norfolk Island transitional migration amendments

Migration Regulations 1994

11   After subitem 1111(3) of Schedule 1

Insert:

(3A) Other, if paragraph (2A)(b), (c), (d) or (e) covers the applicant:

(a) An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

(b) Applicant may be in or outside Australia, but must not be in immigration clearance.

(c) Application by a person claiming to be a member of the family unit of a person who is an applicant for a Confirmatory (Residence) (Class AK) visa may be made at the same time and place as, and combined with, the application by that person.

(d) Application by a person is not a valid application if:

(i) the visa held by the person that was most recently in effect is, or was, the subject of a notice under the Act proposing cancellation; and

(ii) the person has not been notified of a decision not to proceed with the cancellation; and

(iii) the visa was not the subject of a decision to cancel the visa under the Act.

(e) Application by a person is not a valid application if:

(i) the visa held by the person that was most recently in effect was the subject of a decision to cancel the visa under the Act (whether or not the decision has come into effect); and

(ii) the decision to cancel the visa has not been set aside by the Tribunal.