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发表于 2013-6-26 14:25:45
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4014 (1) If the applicant is affected by either of the risk factors specified in subclauses (2) and (4):
(a) the application is made more than 3 years after the departure of the person from Australia referred to in that subclause; or
(b) the Minister is satisfied that, in the particular case:
(i) compelling circumstances that affect the interests of Australia; or
(ii) compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen;
justify the granting of the visa within 3 years after the departure.
(2) Subject to subclause (3), a person is affected by a risk factor if the person left Australia after the expiry of a period of grace that applied to the person under section 13 of the Act as in force before 1 September 1994, being a period of grace that expired before 1 September 1994.
(3) Subclause (2) does not apply to a person who:
(a) applied for review by the Migration Review Tribunal or the Refugee Review Tribunal; and
(b) left Australia within 7 days of being notified of the decision on the application for review.
(4) Subject to subclause (5), a person is affected by a risk factor if the person left Australia as:
(a) an unlawful non-citizen; or
(b) the holder of a Bridging C (Class (WC), Bridging D (Class WD) or Bridging E (Class WE) visa.
(5) Subclause (4) does not to apply to a person if:
(a) the person left Australia within 28 days after a substantive visa held by the person ceased to be in effect or an entry permit held by the person expired, as the case requires; or
(b) a bridging visa held by the person at the time of departure was granted:
(i) within 28 days after a substantive visa held by the person ceased to be in effect or an entry permit held by the person expired, as the case requires; or
(ii) while the person held another bridging visa granted:
(A) while the person held a substantive visa; or
(B) within 28 days after a substantive visa held by the person ceased to be in effect or an entry permit held by the person expired, as the case may be.
http://www.austlii.edu.au/au/legis/cth/consol_reg/mr1994227/sch4.html |
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