Australia, July 01, 2004
Balbir Singh
NRIsources
Business Skills visa holders who subsequently obtain a Resident Return
visa within the 3 year monitoring period, will now be able to have their
visa cancelled under the provisions of s134 of the Migration Act 1958
and;
certain Business Skills visa holders who are subject to a notice of
intention to cancel that visa, or a decision to cancel that visa, are
unable to apply for a Resident Return Visa.
Technical details
Additional information: A Return visa is included under the definition
of a business visa under s134(10) of the Act. Return visa is defined
as having the same meaning as in the regulations. There is currently
no such definition in the Regulations.
From 1 July 2004 Return visa will be defined in the regulations at
new sub-regulation 2.50(4) as a Return (Residence)(Class BB) visas or
a Resident Return (Temporary)(Class TP) visa. This will mean that Return
(Residence)(Class BB) visas and Resident Return (Temporary)(Class TP)
visas will fall within the definition of a business visa under s134(10)
of the Act. This change reflects the intention of s134(10) of the Act
that where a Resident Return visa is obtained by a Business Skills migrant,
that person will still be subject to the cancellation provisions of
s134 of the Act. (Point A in Client Summary refers).
In addition, schedule 1 criteria for Return (Residence)(Class BB)
visas and Resident Return (Temporary (Class TP) visas will be amended
so that an application by persons who have either been:
issued with a notice of intention to cancel their Business Skills visa
under s134 of the Act, and have not been notified of a decision not
to cancel their visa; or
notified of a decision to cancel their Business Skills Class visa and
the cancellation decision has not been set aside by the Administrative
Appeals Tribunal.