Document ID: chunk:federal_register_of_legislation:C2004A04954:body:0:p5
Version: federal_register_of_legislation:C2004A04954
Segment Type: other
Provision Reference: 
Character Range: 10511–15357

her visa or entry permit (as the case may be) was cancelled;".

3. Subsection 7(1) (definition of "qualifying residence exemption"):

Omit "subsection (6)", substitute "subsections (6) and (6A)".

4. Subsection 7(6):

Omit the subsection, substitute:

"(6) A person has a qualifying residence exemption for a social security pension, a social security benefit (other than a special benefit) or a youth training allowance if, and only if, the person:

(a) resides in Australia; and

(b) is either:

(i) a refugee; or

(ii) a former refugee.

"(6A) A person has a qualifying residence exemption for a special benefit if, and only if, the person:

(a) resides in Australia; and

(b) is either:

(i) an exempt resident; or

(ii) a former exempt resident.

SCHEDULE 3—continued

"(6B) A person is a refugee for the purposes of this section 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 the Table at the end of this subsection; or

       (iii) a permanent visa of a class referred to in a declaration of the Minister under subsection 25(1) that is in force

SCHEDULE 3—continued

TABLE
CLASSES OF PERMANENT VISAS GIVING REFUGEE STATUS AND QUALIFYING RESIDENCE EXEMPTION FOR SOCIAL SECURITY PENSIONS AND SOCIAL SECURITY BENEFITS OTHER THAN SPECIAL BENEFIT
Item No.                                                                                                                                                                  Class description                                                                Relevant item in Schedule 1 to Migration Regulations
1.                                                                                                                                                                        Burmese in Burma (Special Assistance) (Class AB)                                 1102
2.                                                                                                                                                                        Burmese in Thailand (Special Assistance) (Class AC)                              1103
3.                                                                                                                                                                        Cambodian (Special Assistance) (Class AE)                                        1105
4.                                                                                                                                                                        Camp Clearance (Migrant) (Class AF)                                              1106
5.                                                                                                                                                                        Citizens of the Former Yugoslavia (Special Assistance) (Class AI)                1109
6.                                                                                                                                                                        East Timorese in Portugal, Macau and Mozambique (Special Assistance) (Class AM)  1113
7.                                                                                                                                                                        Minorities of Former USSR (Special Assistance) (Class AV)                        1122
8.                                                                                                                                                                        Refugee and Humanitarian (Migrant) (Class BA)                                    1127
9.                                                                                                                                                                        Sudanese (Special Assistance) (Class BD)                                         1130