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Special Return Criteria 5001

Special Return Criteria 5001 to ensure a person whose visa has been cancelled under s501 BA, cannot be granted another visa, unless the Minister acting personally grants the visa.

This amendment allows NZ citizens to return to Australia, if successful in having the mandatory cancellation of their visa revoked. 

Persons who have had their visas cancelled personally by the Minister under s501BA of the Act will be unable to satisfy SRC 5001.  These persons will require the Minister to personally grant them a permanent visa to be able to return to Australia.

This amendment came into force on 17 October 2015.

Select Legislative Instrument No 169, 2015 - F2015L01661 - Migration Amendment (Special Category Visas and Special Return Criterion 5001) Regulation 2015 amends:

  • Migration Regulation 5.15A to declare NZ citizens to be a class of persons for whom a visa other than a special category visa will be inappropriate

Dinesh Weerakkody is the Principal Legal practitioner at D LEGAL Barristers & Solicitors
For further advice and consultations please contact us via http://www.dlegal.com.au/contact-us.html

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