Amendments to Subclass 832 Close Ties in relation to applicants who were formerly "innocent unlawful" minors
1 March 2003 - Legislation change
Client summary
From 1 March 2003, immigration law has been amended for one category of applicants for the grant of a subclass 832 Close Ties visa: those persons who are applying on the basis that they were an "innocent unlawful" minor who arrived in Australia as part of their family unit.
The regulations have been amended to add the requirement that such
an applicant first entered Australia (before they turned 18) as
a member of a family unit and were accompanied by that family unit
at time of first entry.
Technical details
Additional information: An amendment has been made to Regulation 832.211(3)(c) to include a provision that the applicant first entered Australia, before they turned 18, as a member of a family unit and was accompanied by that family unit.
This requirement is in addition to the existing requirements in regulation 832.211(3)(c) for this category of applicant, ie that the applicant:
- turned 18 at time of application;
- spent, before turning 18, the greater part of their formative years in Australia;
- ceased to hold an entry permit or substantive visa prior to turning 18;
- immediately before ceasing to hold a substantive visa, did not hold a subclass 771 (Transit) visa; and
- is no longer a member of, nor resides with, the family unit with which the applicant first entered Australia.
Regulations 832.212(4) and 832.221(3)(b) have been similarly amended.
Transitional arrangements: The changes apply to applications
made on or after 1 March 2003.
Forms: Changes have been made to the March 2003 edition of
the Special Migration booklet no. 8, including the Form 47SV (Application for special migration to Australia (former resident, distinguished talent)).
Instructions: PAM3: Sch2Visa832 guidelines have been updated.
Effect on delegations: Nil.
Effect on systems: Nil.