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Migration Amendment (2014 Measures No. 2) Regulation 2014

Validated finding · five-country-2010-20260922-v118-evidence-presentation-fix

CountryAustralia
Operative dateDecember 12, 2014
CategoryInvestor and business migration; border enforcement and cancellation
Policy toolEligibility criteria, exclusion bars, mandatory documentation
Affected groupBusiness and investor visa applicants; non-citizens subject to character or fraud assessment

Policy effect

Amends the Migration Regulations 1994 to expand the definition of 'managed fund' to include friendly society funds under the Life Insurance Act 1995 for investor visas, strengthen character and fraud criteria by requiring criminal history statements and Form 80 upon request, and impose bars on visa grant following certain cancellations under sections 116, 133A, 133C, or 501 of the Migration Act 1958. Phase scope: Schedules 2, 3, and 4 commenced on 12 December 2014 applying to pending and new applications; Schedule 1 commenced on 1 January 2015.

Official source excerpt

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

2) Regulation 2014 [F2014L01696] Purpose Makes amendments to the Migration Regulations 1994 to, in particular, remove the lengthy prescribed periods that an applicant outside Australia must be given to respond to a request for information or to an invitation to comment, broaden the definition of 'managed fund' to include both statutory funds and benefit funds operated by friendly societies registered under the Life Insurance Act 1995, provide that it is a criterion for the grant of a visa that, if requested, a statement from an appropriate authority about a person's criminal history and a completed Form 80 (Personal particulars for assessment including character assessment) must be provided, provide that where a person has had a visa cancelled under section 501 of the Migration Act (character grounds), they cannot be granted a further visa (except in certain circumstances), provide that where a person has had a visa cancelled under new subsections 116(1AA) (identity) or 116(1AB) (providing incorrect information) or the minister’s new 'set-aside and cancel' powers in sections 133A or 133C of the Migration Act, they cannot be granted a further visa for three years (except in certain circumstances), and harmonise the manner and time periods in which a person can make representations in relation to visa cancellation decisions Last day to disallow 26 March 2015 Authorising legislation Migration Act 1958 Department Immigration and Border Protection 7 Issue: …
aph.gov.auSenate Standing Committee on Regulations and Ordinances, Delegated Legislation Monitor No. 1 of 2015, pp. 6–7Open official source
Retrieved from https://static.aph.gov.au/-/media/Committees/Senate/committee/regord_ctte/mon2015/pdf/no01.pdf?hash=3D7AFA969C2DB64FBCBF41C7B3FFC354&rev=c7f8f1e694cd433daef636cc8bc3810d

Review method

Two separate automated exact-claim source reviews

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