Document ID: chunk:federal_register_of_legislation:C2004A04736:body:0:p7
Version: federal_register_of_legislation:C2004A04736
Segment Type: other
Provision Reference: 
Character Range: 16015–18764

than section 26ZK), AE, AG, AH, C, D, E, F and H do not apply in relation to special purpose visas.

Absorbed person visas

"26AB.(1) There is a class of permanent visas to remain in, but not re-enter, Australia, to be known as absorbed person visas.

  "(2) A non-citizen in the migration zone who:

  (a) on 2 April 1984 was in Australia; and

  (b) before that date, had ceased to be an immigrant; and

    (c) on or after that date, has not left Australia, where left Australia has the meaning it had in this Act before 1 September 1994; and

    (d) immediately before 1 September 1994, was not a person to whom section 20 of this Act as in force then applied;

is taken to have been granted an absorbed person visa on 1 September 1994.

"(3) Subdivisions AA, AB, AC (other than section 26ZK), AE and AH do not apply in relation to absorbed person visas.

Ex-citizen visas

"26AC.(1) There is a class of permanent visas to remain in, but not re-enter, Australia, to be known as ex-citizen visas.

  "(2) A person who:

     (a) before 1 September 1994, ceased to be an Australian citizen while in the migration zone; and

     (b) did not leave Australia after ceasing to be a citizen and before that date;

is taken to have been granted an ex-citizen visa on that date.

"(3) A person who, on or after 1 September 1994, ceases to be an Australian citizen while in the migration zone is taken to have been granted an ex-citizen visa when that citizenship ceases.

"(4) Subdivisions AA, AB, AC (other than section 26ZK), AE and AH do not apply in relation to ex-citizen visas.".

Protection visas

9. Section 26B of the Principal Act is amended by omitting from subsection (1) "temporary".

Bridging visas

10. Section 26C of the Principal Act is amended by omitting "is a class" and substituting "are classes".

Circumstances for granting visas

  11. Section 26F of the Principal Act is amended:

  (a) by omitting from subsection (1) "in a" and substituting "of a";

     (b) by omitting from paragraph (2)(b) "or has been refused immigration clearance";

  (c) by inserting after paragraph (2)(b) the following paragraph:

          "(ba) has been refused immigration clearance and has not subsequently been immigration cleared; or";

     (d) by omitting paragraph (2)(c) and substituting the following paragraph:

      "(c) is in the migration zone and, on last entering Australia:

             (i) was immigration cleared; or

             (ii) bypassed immigration clearance and had not subsequently been immigration cleared.".

Conditions on visas

  12. Section 26G of the Principal Act is amended:

  (a) by omitting from subsection (1) "in a" and substituting "of a";

  (b) by omitting from subsection (2) "in a" and substituting