PIC 4020 exclusion periods disapplied where the refused application was made while under 18

Policy effect

From 23 November 2014, the three-year exclusion period under public interest criterion 4020(2) and the ten-year identity-related exclusion period under 4020(2 B) do not apply to an applicant who was under 18 when the application for the refused visa was made. Age is tested at that earlier application, not at the refusal date or current application; the exemption therefore also protects a person applying again as an adult. The change applies to visa applications already made but not finally determined before 23 November 2014 and applications made on or after that date. It removes these exclusion periods only: applicants remain subject to the other requirements ofPIC 4020, including the current application’s fraud/identity assessment, and it does not guarantee a visa or prevent refusal involving their family unit. Previously the three- and ten-year periods could apply to these applicants, with the existing waiver framework for the three-year period. The two period exemptions constitute one age-based safeguard, not separate events.

Conditions and exceptions

Validated condition or limit: The change applies to visa applications already made but not finally determined before 23 November 2014 and applications made on or after that date.; It removes these exclusion periods only: applicants remain subject to the other requirements ofPIC 4020, including the current application’s fraud/identity assessment, and it does not guarantee a visa or prevent refusal involving their family unit.

Official source excerpt

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

Migration Legislation Amendment (2014 Measures No. 2) Regulation 2014 Select Legislative Instrument No. 163, 2014 I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation. Dated 30 October 2014 Peter Cosgrove Governor-General By His Excellency’s Command Scott Morrison Minister for Immigration and Border Protection OPC60723 - A Federal Register of Legislative Instruments F2014L01461 Federal Register of Legislative Instruments F2014L01461 Contents 1 Name ................................................................................................. 1 2 Commencement ................................................................................. 1 3 Authority ........................................................................................... 1 4 Schedules........................................................................................... 2 Schedule 1—Subclass 400 visas 3 Migration Regulations 1994 3 Schedule 2—Passenger cards 4 Migration Regulations 1994 4 Schedule 3—Disclosure of information to CrimTrac 5 Migration Regulations 1994 5 Schedule 4—Subclass 572 and Subclass 573 visas and other matters 6 Part 1—Extending streamlined visa processing 6 Migration Regulations 1994 6 Part 2—Other amendments 10 Migration Regulations 1994 10 Schedule 5—Public interest criterion 4020 11 Migration Regulations 1994 11 Schedule 6—Fees and adoption 12 Australian Citizenship Regulations 2007 12 Schedule 7—Definition of financial institution 13 Migration Regulations 1994 13 Schedule 8—Application and transitional provisions 14 Australian Citizenship Regulations 2007 14 Migration Regulations 1994 14 No. 163, 2014 Migration Legislation Amendment (2014 Measures No. 2) i Regulation 2014 OPC60723 - A Federal Register of Legislative Instruments F2014L01461 Federal Register of Legislative Instruments F2014L01461 1 Name This is the Migration Legislation Amendment (2014 Measures No. 2) Regulation 2014. 2 Commencement Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Provisions Commencement 1. Sections 1 to 4 and The day after this instrument is registered. anything in this instrument not elsewhere covered by this table 2. Schedules 1 to 5 23 November 2014. 3. Schedule 6, item 1 The later of: (a) 23 November 2014; and (b) the day after the Australian Citizenship Amendment (Intercountry Adoption) Act 2014 commences. However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. 4. Schedule 6, item 2 3 November 2014. 5. Schedule 6, item 3 1 January 2015. 6. Schedules 7 and 8 23 November 2014. 3 Authority This instrument is made under the following Acts: (a) the Australian … Act 2007; (b) the Migration Act 1958. No. 163, 2014 Migration Legislation Amendment (2014 Measures No. 2) 1 Regulation 2014 OPC60723 - A Federal Register of Legislative Instruments F2014L01461 4 Schedules Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms. 2 Migration Legislation Amendment (2014 Measures No. 2) No. 163, 2014 Regulation 2014 OPC60723 - A Federal Register of Legislative Instruments F2014L01461 Subclass 400 visas Schedule 1 Schedule 1—Subclass 400 visas Migration Regulations 1994 1 Clause 400.111 of Schedule 2 (paragraph (a) of the definition of non-ongoing) Omit “3”, substitute “6”. 2 Paragraph 400.511(a) of Schedule 2 Omit “3”, substitute “6”. 3 Subparagraph 400.511(b)(i) of Schedule 2 Omit “3”, substitute “6”. No. 163, 2014 Migration Legislation Amendment (2014 Measures No. 2) 3 Regulation 2014 OPC60723 - A Federal Register of Legislative Instruments F2014L01461 Schedule 2 Passenger cards Schedule 2—Passenger cards Migration Regulations 1994 1 Division 3.1 (heading) Repeal the heading, substitute: Division 3.1—Information to be given 2 Paragraph 3.01(3)(b) Repeal the paragraph, substitute: (b) if the person is arriving in Australia—provide the completed passenger card to an officer; and (c) if the person is departing Australia—either: (i) provide the completed passenger card to an officer or an authorised system; or (ii) deposit the completed passenger card at a place of a kind specified in a legislative instrument made by the Minister for this subparagraph. 3 Regulation 3.02 (heading) Repeal the heading, substitute: 3.02 Passenger cards for persons entering Australia 4 Subregulation 3.02(1) After “card”, insert “for a person entering Australia”. 5 Subregulation 3.02(3) Omit “A”, substitute “The”. 4 Migration Legislation Amendment (2014 Measures No. 2) No. 163, 2014 Regulation 2014 OPC60723 - A Federal Register of Legislative Instruments F2014L01461 Disclosure of information to CrimTrac Schedule 3 Schedule 3—Disclosure of information to CrimTrac Migration Regulations 1994 1 Regulation 1.03 Insert: CNI number means a central names index number generated by the National Automated Fingerprint Identification System maintained by or on behalf of CrimTrac. CrimTrac means the CrimTrac Agency, established as an Executive Agency by the Governor-General by order under section 65 of the Public Service Act 1999. 2 Regulation 5.34F (heading) Repeal the heading, substitute: 5.34F Disclosure of information to police and CrimTrac 3 Subregulation 5.34F(2) Omit all the words after “persons,”, substitute: to the following: (a) the Australian Federal Police; (b) the police force or police service of a State or Territory; (c) CrimTrac. 4 At the end of subregulation 5.34F(4) Add: ; (f) the CNI number of the person or persons; (g) the client number of the per …

Review method

Source-based draft with independent Gemini 3.8 Flash verification

Other Australia changes operative in 2014

• 2014-03-22Migration Amendment (2014 Measures No. 1) Regulation 2014
• 2014-04-19Migration Amendment (Credit Card Surcharge) Regulation 2014
• 2014-05-28Migration Amendment Act 2014
• 2014-06-02Migration Amendment (Repeal of Certain Visa Classes) Regulation 2014
• 2014-11-23Subclass 400 maximum entry window and permitted stay extended from three to six months
• 2014-12-11Migration Amendment (Character and General Visa Cancellation) Act 2014
• 2014-12-12Migration Amendment (2014 Measures No. 2) Regulation 2014
• 2014-12-23Determination of Protection (Class XA) and Refugee and Humanitarian (Class XB) Visas 2014