Special Return Criterion 5001 extended to personal ministerial visa cancellations
Validated finding · five-country-2010-20260922-v118-evidence-presentation-fix
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this instrument is registered. 17 October 2015 Note: This table relates only to the provisions of this instrument as originally made.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 …
Review method
Two separate automated exact-claim source reviews
Automated source validation is not independent human legal review. The finding should not be treated as legal advice. Record recovered-au-src5001-personal-cancellation-20151017. Something wrong? Flag this record.
Other Australia changes operative in 2015
- 2015-04-18Protection visas: family-derived applicants must apply before the family visa holder’s grant
- 2015-04-18Protection visas: mandatory identity-document refusal ground with reasonable-explanation exception
- 2015-04-18Protection visas: refusal replaces adverse inference for unexplained failure to supply requested identity evidence
- 2015-04-18Refugee Review Tribunal: adverse credibility inference for unexplained new claims or evidence
- 2015-04-18Special Purpose visa work restricted to specified international and connecting flights for foreign aircrew
- 2015-04-18Temporary Graduate applicants no longer required to lodge evidence of medical-examination bookings
- 2015-07-01Premium Investor program introduced: AUD15 million provisional entry and permanent pathway
- 2015-09-01Prescribed visa-label issuance ended for new requests
- 2015-10-17Special Category Visa eligibility restored for specified New Zealand citizens after cancellation revocation
- 2015-11-21Australian wage and working-condition standards required for diplomatic domestic workers
- 2015-12-01Second working-holiday visa work requirement included lawful remuneration
- 2015-12-12Australian Citizenship Amendment (Allegiance to Australia) Act 2015
- 2015-12-14Sponsorship-benefit offences and civil penalties introduced