Document ID: chunk:federal_register_of_legislation:C2024C00866:section:5c:p6
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 5C (pt 6/7)
Character Range: 39610–42255

an allied country, defence force established by an allied country includes:
 (a) the regular naval, military or air forces; and
 (b) the nursing or auxiliary services of the regular naval, military or air forces; and
 (c) the women's branch of the regular naval, military or air forces;
raised by that government‑in‑exile and operated by it with regular military‑like lines of command, that is to say, raised and operated in such a manner that the members of those forces and services:
 (d) were formally appointed to, or enlisted in, those forces or services; and
 (e) were required to wear uniforms or insignia distinguishing them as members of those forces or services; and
 (f) were required to carry arms openly; and
 (g) were subject to the rules and conventions of warfare.
Note: For an extended meaning of the defence force of a government‑in‑exile in relation to an allied veteran see subsection 5R(2).

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) 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 (refugee and humanitarian) (on‑shore)) in Part 1 of Schedule 1 to the Migration (1993) Regulations as then in force; or
 (b) was, immediately before 1 February 1993, the holder of a visa or entry permit of a class prescribed under the Migration Regulations as then in force that corresponds to a visa or entry permit referred to in subparagraph (a)(i) or (ii); or
 (c) is the holder of:
 (i) a permanent protection visa; or
 (ii) a permanent visa of a class referred to in Schedule 2A; or
 (iii) a permanent visa of a class referred to in a declaration of the Minister under subsection (5) that is in force.

Declaration of class of visas
 (5) If:
 (a) after the commencement of this subsection, a class of permanent visas (other than a class referred to in Schedule 2A) is prescribed by regulations made for the purposes of section 31 of the Migration Act 1958; and
 (b) the Minister is of the view that a person holding a visa of that class should be regarded as a refugee for the purposes of Part III;
the Minister may, by legislative instrument, declare that class of visas to be a class of visas for the purposes of subparagraph (4)(c)(iii).