Document ID: chunk:federal_register_of_legislation:C2024C00431:section:22:p1
Version: federal_register_of_legislation:C2024C00431
Segment Type: section
Provision Reference: s 22 (pt 1/3)
Character Range: 51106–53769

22  General residence requirement
 (1) Subject to this section, for the purposes of section 21 a person satisfies the general residence requirement if:
 (a) the person was present in Australia for the period of 4 years immediately before the day the person made the application; and
 (b) the person was not present in Australia as an unlawful non‑citizen at any time during that 4 year period; and
 (c) the person was present in Australia as a permanent resident for the period of 12 months immediately before the day the person made the application.

Overseas absences
 (1A) If:
 (a) the person was absent from Australia for a part of the period of 4 years immediately before the day the person made the application; and
 (b) the total period of the absence or absences was not more than 12 months;
then, for the purposes of paragraph (1)(a), the person is taken to have been present in Australia during each period of absence.
 (1B) If:
 (a) the person was absent from Australia for a part of the period of 12 months immediately before the day the person made the application; and
 (b) the total period of the absence or absences was not more than 90 days; and
 (c) the person was a permanent resident during each period of absence;
then, for the purposes of paragraph (1)(c), the person is taken to have been present in Australia as a permanent resident during each period of absence.

Confinement in prison or psychiatric institution
 (1C) Subject to subsection (5A), the person is taken not to satisfy paragraph (1)(a) if, at any time during the 4 year period mentioned in that paragraph, the person was:
 (a) confined in a prison; or
 (b) confined in a psychiatric institution by order of a court made in connection with proceedings for an offence against an Australian law in relation to the person.

Partial exemption—person born in Australia or former Australian citizen
 (2) Paragraphs (1)(a) and (b) do not apply if the person:
 (a) was born in Australia; or
 (b) was an Australian citizen at any time before the person made the application.

Ministerial discretion—administrative error
 (4A) For the purposes of paragraph (1)(b), the Minister may treat a period as one in which the person was not present in Australia as an unlawful non‑citizen if the Minister considers the person was present in Australia during that period but, because of an administrative error, was an unlawful non‑citizen during that period.
 (5) For the purposes of paragraph (1)(c), the Minister may treat a period as one in which the person was present in Australia as a permanent resident if the Minister considers the person was present in Australia during that period but,