Document ID: chunk:federal_register_of_legislation:C2004A04475:body:0:p7
Version: federal_register_of_legislation:C2004A04475
Segment Type: other
Provision Reference: 
Character Range: 15752–18373

visa to travel to and enter Australia) may be a visa, to be known as a permanent visa, to remain indefinitely.

"(2) A visa to remain in Australia (whether also a visa to travel to and enter Australia) may be a visa, to be known as a temporary visa, to remain:

   (a)     during a specified period; or

   (b)     until a specified event happens; or

   (c)     while the holder has a specified status.

Classes of visas

  "26.(1) There are to be prescribed classes of visas.

"(2) As well as the prescribed classes, there are the classes provided for by sections 26A, 26B, 26C and 26D.

"(3) The regulations may prescribe criteria for a visa or visas in a specified class (which, without limiting the generality of this subsection, may be a class provided for by section 26A, 26B or 26C but not by section 26D).

Special category visas

"26A.(1) There is a class of temporary visas to be known as special category visas.

   "(2) A criterion for a special category visa is that the applicant is:

   (a) a non-citizen:

         (i) who is a New Zealand citizen and holds, and has shown an officer, a New Zealand passport that is in force; and

         (ii) is neither a behaviour concern non-citizen nor a health concern non-citizen; or

    (b)     a person declared by the regulations, to be a person for whom a visa in another class would be inappropriate; or

    (c)     a person in a class of persons declared by the regulations, to be persons for whom a visa in another class would be inappropriate.

Protection visas

"26B.(1) There is a class of temporary visas to be known as protection visas.

"(2) A criterion for a protection visa is that the applicant for the visa is a non-citizen in Australia to whom Australia has protection obligations under the Refugees Convention as amended by the Refugees Protocol.

Bridging visas

"26C. There is a class of temporary visas, to be known as bridging visas, to be granted under Subdivision AF.

Criminal justice visas

"26D. There is a class of temporary visas, to be known as criminal justice visas, to be granted under Subdivision D of Division 3.

Criterion limiting number of visas

"26E.(1) In spite of section 49A of the Acts Interpretation Act 1901, a prescribed criterion for visas in a class, other than protection visas, may be the criterion that the grant of the visa would not cause the number of visas in that class granted in a particular financial year to exceed whatever number is fixed by the Minister, by notice published in the Gazette, as the maximum number of such visas that may be granted in that year (however the criterion is expressed).