Document ID: chunk:federal_register_of_legislation:C2024C00431:section:22b:p2
Version: federal_register_of_legislation:C2024C00431
Segment Type: section
Provision Reference: s 22B (pt 2/3)
Character Range: 65220–67949

and
 (e) the person was a permanent resident throughout the period of 90 days immediately before the day the person made the application; and
 (f) the person was not present in Australia as an unlawful non‑citizen at any time during the period of 180 days immediately before the day the person made the application; and
 (g) the person has given the Minister an undertaking, in a form approved by the Minister under subsection (8), that, if the person becomes an Australian citizen in circumstances where the Minister exercises the power under this subsection:
 (i) the person will be ordinarily resident in Australia throughout the period of 2 years beginning on the day the person becomes an Australian citizen; and
 (ii) the person will be present in Australia for a total of at least 180 days during that 2‑year period; and
 (h) the person has declared, in the undertaking, that the person understands the effect of section 34A.
Note: See also subsections (6) to (11).
 (1B) If the Minister exercises the power under subsection (1A) in relation to the person, then, for the purposes of section 21, the person is taken to satisfy the special residence requirement.

Confinement in prison or psychiatric institution
 (2) Subject to subsection (3), the person is taken not to satisfy:
 (a) paragraph (1)(c) if, at any time during the 4‑year period mentioned in that paragraph; or
 (b) paragraph (1A)(d) if, at any time during the 2‑year period mentioned in that paragraph;
the person was:
 (c) confined in a prison; or
 (d) 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.
 (3) The Minister may decide that subsection (2) does not apply in relation to the person if, taking into account the circumstances that resulted in the person's confinement, the Minister is satisfied that it would be unreasonable for that subsection to apply in relation to the person.

Ministerial discretion—administrative error
 (4) For the purposes of paragraph (1)(f) or (1A)(e), the Minister may treat a period as one in which the person was a permanent resident if the Minister considers that, because of an administrative error, the person was not a permanent resident during that period.
 (5) For the purposes of paragraph (1)(g) or (1A)(f), 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.

Rules relating to power under subsection (1A)
 (6) The power under subsection (1A) may only be exercised