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Special Return Criterion 5001 extended to personal ministerial visa cancellations

Validated finding · five-country-2010-20260922-v118-evidence-presentation-fix

CountryAustralia
Operative dateOctober 17, 2015
CategoryMigration policy
Affected groupApplicants for visas requiring special return criterion 5001 following cancellation under section 501ba

Policy effect

For visa applications made on or after October 17, 2015, Special Return Criterion 5001 was extended to people whose visas had been cancelled personally by the Minister under section 501BA. A person affected by that cancellation could not satisfy this criterion unless the Minister had subsequently, acting personally, granted them a permanent visa. The restriction applied to visa classes that require Special Return Criterion 5001.

Conditions and exceptions

Validated condition or limit: For visa applications made on or after October 17, 2015, Special Return Criterion 5001 was extended to people whose visas had been cancelled personally by the Minister under section 501BA.; A person affected by that cancellation could not satisfy this criterion unless the Minister had subsequently, acting personally, granted them a permanent visa.; The restriction applied to visa classes that require Special Return Criterion 5001.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

… on’s removal or deportation from Australia because of the decision to cancel the visa. 3 Division 444.2 of Schedule 2 (note) Repeal the note, substitute: Note: The only criteria are those set out in section 32 of the Act and in regulation 5.15A. 4 At the end of clause 5001 of Schedule 5 Add: ; or (d) a person whose visa has been cancelled under section 501BA of the Act if the Minister has not, acting personally, granted a permanent visa to the person after that cancellation. 5 Schedule 13 Insert in its appropriate numerical position: Part 47—Amendments made by the Migration Amendment (Special … ormation Column 1 Column 2 Column 3 Provisions Commencement Date/Details The whole of this instrument The day after this instrument is registered. 17 October 2015 Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument. (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument. 3 Authority This instrument is made under the Migration Act 1958. 4 Sch …
Federal Register of LegislationF2015L01661, commencement, Schedule 1 and official explanatory statementOpen official source
Retrieved from https://www.legislation.gov.au/F2015L01661/asmade/2015-10-15/text/original/pdf

Review method

Two separate automated exact-claim source reviews

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