Document ID: chunk:federal_register_of_legislation:C2025C00162:section:7:p4
Version: federal_register_of_legislation:C2025C00162
Segment Type: section
Provision Reference: s 7 (pt 4/5)
Character Range: 70764–73452

instrument, determine a kind of visa for the purposes of paragraph (b) of the definition of Pacific engagement visa in subsection (1) if the Minister has been advised by the Minister administering the Migration Act 1958 (the Immigration Minister) that, in the opinion of the Immigration Minister:
 (a) the kind of visa has replaced or will replace:
 (i) the kind of visa mentioned in paragraph (a) of that definition; or
 (ii) a kind of visa previously determined under this subsection; and
 (b) the replacement kind of visa is intended to give the same benefits as the replaced kind of visa.
 (5) A person has 10 years qualifying Australian residence if and only if:
 (a) the person has, at any time, been an Australian resident for a continuous period of not less than 10 years; or
 (b) the person has been an Australian resident during more than one period and:
 (i) at least one of those periods is 5 years or more; and
 (ii) the aggregate of those periods exceeds 10 years.
 (6) A person has a qualifying residence exemption for a social security pension (other than carer payment) or a social security benefit (other than youth allowance, austudy payment, jobseeker payment or special benefit) if, and only if, the person:
 (a) resides in Australia; and
 (b) is either:
 (i) a refugee; or
 (ii) a former refugee.
 (6AA) A person also has a qualifying residence exemption for a social security benefit (other than a special benefit), a pension PP (single), carer payment, carer allowance, a mobility allowance, a seniors health card or a health care card if, and only if, the person:
 (b) except in relation to pension PP (single), benefit PP (partnered), youth allowance, austudy payment, jobseeker payment, carer payment, carer allowance, mobility allowance, a seniors health card or a health care card—was a family member of a refugee, or former refugee, at the time the refugee or former refugee arrived in Australia; or
 (f) in any case—holds or was the former holder of a visa that is in a class of visas determined, by legislative instrument, by the Minister for the purposes of this paragraph.
 (6B) A person is a refugee for the purposes of this section if the person:
 (a) is taken, under the Migration Reform (Transitional Provisions) Regulations, to be the holder of a transitional (permanent) visa because the person was, immediately before 1 September 1994, the holder of:
 (i) a visa or entry permit that fell within Division 1.3—Group 1.3 (Permanent resident (refugee and humanitarian) (offshore)) in Part 1 of Schedule 1 to the Migration (1993) Regulations as then in force; or
 (ii) a visa or entry permit that fell within Division 1.5—Group 1.5 (Permanent resident