Public Interest Waiver for Criteria in Clauses 866.222A and 866.222B
15 October 2007 - Legislation change
Client summary
From 15 October 2007 the Migration Regulations 1994 ('the Regulations') are amended to include a public interest waiver to the criteria in clauses 866.222A and 866.222B in Schedule 2 to the Regulations.
This amendment provides the Minister with the discretion to waive the requirement for the grant of a Subclass 866 (Protection) visa that an applicant (who may be the claimant or a member of the family unit) has not, in the last four years, been convicted of an offence against Australian law for which the maximum penalty is at least 12 months imprisonment. The requirement can be waived where the Minister believes that it is in the public interest to do so.
The discretion to waive the requirement for Protection visa applicants who do not meet either clause 866.222A or 866.222B will ensure that the individual circumstances of each case can be considered, such as where the applicant has been convicted of a relatively minor offence. While more serious offenders will generally continue to be ineligible for the grant of a permanent Protection visa, they may still be eligible for the grant of a Subclass 785 (Temporary Protection) visa.
Affected legislation
The following provisions of the Regulations are amended:
Schedule 2, Regulation 866.222A
Schedule 2, Regulation 866.222B
Additional information: None.
Transitional provisions: These amendments apply in relation to an application for a Protection visa:
- made but not finally determined within the meaning of subsection 5(9) of the Migration Act 1958, before 15 October 2007, and
- made on or after 15 October 2007.
Forms: No changes required.
Instructions: Interim procedures have been provided to Protection visa decision makers. PAM3 will be amended to reflect these changes as soon as possible.