Document ID: chunk:federal_register_of_legislation:C2024C00431:section:22:p2
Version: federal_register_of_legislation:C2024C00431
Segment Type: section
Provision Reference: s 22 (pt 2/3)
Character Range: 53538–56295

For the purposes of paragraph (1)(c), the Minister may treat a period as one in which the person was present in Australia as a permanent resident if the Minister considers the person was present in Australia during that period but, because of an administrative error, was not a permanent resident during that period.

Ministerial discretion—confinement in prison or psychiatric institution
 (5A) The Minister may decide that subsection (1C) 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—person in Australia would suffer significant hardship or disadvantage
 (6) For the purposes of paragraph (1)(c), the Minister may treat a period as one in which the person was present in Australia as a permanent resident if:
 (a) the person was present in Australia during that period (except as a permanent resident or an unlawful non‑citizen); and
 (b) the Minister is satisfied that the person will suffer significant hardship or disadvantage if that period were not treated as one during which the person was present in Australia as a permanent resident.

Ministerial discretion—spouse, de facto partner or surviving spouse or de facto partner of Australian citizen
 (9) If the person is the spouse, de facto partner or surviving spouse or de facto partner of an Australian citizen at the time the person made the application, the Minister may treat a period as one in which the person was present in Australia as a permanent resident if:
 (a) the person was a spouse or de facto partner of that Australian citizen during that period; and
 (b) the person was not present in Australia during that period; and
 (c) the person was a permanent resident during that period; and
 (d) the Minister is satisfied that the person had a close and continuing association with Australia during that period.
 (10) In subsection (9):
surviving spouse or de facto partner of a person who has died means a person who was the person's spouse or de facto partner immediately before the person died and who has not later become the spouse or de facto partner of another person.

Ministerial discretion—person in an interdependent relationship
 (11) If, at the time the person made the application, the person:
 (a) holds a permanent visa granted to the person because the person was in an interdependent relationship with an Australian citizen; and
 (b) is in that interdependent relationship;
then, for the purposes of paragraph (1)(c), the Minister may treat a period as one in which the person was present in Australia as a permanent resident if:
 (c) the person held