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

Schedule 1   Norfolk Island transitional migration amendments

Migration Regulations 1994

9   After subitem 1111(2) of Schedule 1

Insert:

(2A) This subitem covers the following applicants:

(a) an applicant:

(i) who was granted a Subclass 773 (Border) visa on last arriving in Australia; or

(ii) whose application is combined, or sought to be combined, with an application made by that person;

(b) an applicant whose application is made on the basis that, on 30 June 2016, he or she held any of the following permits granted under the Immigration Act 1980 (Norfolk Island):

(i) a temporary entry permit;

(ii) a general entry permit;

(iii) an unrestricted entry permit (a UEP );

(c) an applicant whose application is made on the basis that:

(i) on 30 June 2016, the applicant did not hold any of the permits mentioned in paragraph (b); and

(ii) at any time before 30 June 2016, the applicant held a UEP; and

(iii) at that time, the applicant was ordinarily resident in Norfolk Island;

(d) an applicant whose application is made on the basis that:

(i) on or before 30 June 2016, the applicant was born outside Norfolk Island (whether in or outside Australia); and

(ii) on 30 June 2016, the applicant did not hold any of the permits mentioned in paragraph (b); and

(iii) on 30 June 2016, a parent of the applicant, other than an adoptive parent of the applicant, was covered by paragraph (b) or (c); and

(iv) on 30 June 2016, the applicant was a dependent child of the parent;

(e) an applicant whose application is made on the basis that clause 808.311 of Schedule 2 is satisfied in relation to an applicant covered by paragraph (b), (c) or (d) of this subitem.

Note: Paragraph (e) applies to a dependent child of the other applicant born in Australia on or after 1 July 2016. The child's application must be combined with that of the parent.