Document ID: chunk:federal_register_of_legislation:C2004A04837:section:530:p28
Version: federal_register_of_legislation:C2004A04837
Segment Type: section
Provision Reference: s 530 (pt 28/35)
Character Range: 107861–110721

is payable to the person if, after considering the claim, the Commission determines that the claim is to be granted.

"(2) The amount of an education entry payment is $200.

Payment to be refunded

"118AAD. If:

    (a) the Commission determined that a claim for education entry payment was to be granted to a person because the Commission was satisfied that the person intended to enrol in a course referred to in subparagraph 118AA(d)(i); and

    (b) an amount of education entry payment was paid to the person; and

    (c) subsequently the person is not enrolled in the course;

the person must repay to the Commonwealth the amount of the payment.".

Division 9—Refugee's eligibility for service pension

Index of definitions

40. Section 5 of the Principal Act is amended by inserting the following entries in the appropriate alphabetical positions in the Index:

"former refugee  5C
refugee          5C".

Eligibility related definitions

41. Section 5C of the Principal Act is amended:

    (a) by inserting in subsection (1) the following definitions:

    " 'former refugee' means a person who was a refugee but does not include a person who ceased to be a refugee because his or her entry permit or visa (as the case may be) was cancelled;

    'refugee' has the meaning given by subsection (4);";

    (b) by adding at the end the following subsections:

Refugee

    "(4) For the purposes of Part III, a person is a refugee 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) an 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) an entry permit that fell within Division 1.5—Group 1.5 (Permanent resident (refugee and humanitarian) (on-shore)) in Part 1 of Schedule 1 to the Migration (1993) Regulations as then in force; or

           (iii) a Class 827 (Refugee (transitional)) entry permit within the meaning of the Migration (1993) Regulations as then in force; or

        (b) was immediately before 1 February 1993 the holder of an entry permit of a class prescribed under the Migration Regulations as then in force that corresponds to an entry permit referred to in subparagraph (a)(i), (ii) and (iii); or

        (c) is the holder of:

           (i) a permanent protection visa; or

           (ii) a permanent visa of a class specified in Schedule 2A; or

           (iii) a permanent visa of a class specified in a declaration of the Minister under subsection (5) that is in force.

    "(5) If:

        (a) after the commencement of this subsection, a class of permanent visas