Impact of Special Return Criteria on Individuals in Australia

Zhanna Heenan

Visa News

Schedule 5 – Special Return Criteria for Returning to Australia.

Am I affected by the Special Return Criteria?

To answer this question, let’s look at what this criteria means.

Navigating the complexities of Australian migration law can be daunting, especially when it involves returning to Australia after a deportation or visa cancellation. Schedule 5 of the Migration Regulations 1994 outlines the Special Return Criteria, which set specific conditions that must be met by individuals seeking to return to Australia under certain circumstances. In this post, we will break down these criteria to help you understand what it takes to successfully re-enter Australia if Schedule 5 applies to your visa situation.

Criterion 5001: Restrictions Based on Previous Deportation and Visa Cancellations

Who is Affected?

Criterion 5001 is designed to prevent certain individuals from returning to Australia. These include:

  1. Individuals Deported under Specific Orders:

   – Those who left Australia under a deportation order issued under section 200 of the Migration Act.

   – Individuals deported under sections 55, 56, or 57 between 19 December 1989 and 1 September 1994.

   – Those deported under sections 12, 13, or 14 before 19 December 1989.

  1. Individuals with Visa Cancellations Due to Character Grounds:

   – Those whose visas were cancelled under section 501 before 1 June 1999 due to criminal conduct and a determination of bad character by the Minister.

   – Individuals whose visas were cancelled under sections 501, 501A, or 501B, unless the cancellation has been revoked or the Minister has personally granted a permanent visa.

   – Individuals whose visas were cancelled under section 501BA, unless the Minister has personally granted a permanent visa after the cancellation.

What Does This Mean for You?

If you fall into any of the above categories, you may be barred from returning to Australia. However, there are exceptions, such as the revocation of visa cancellations or the personal intervention of the Minister granting a permanent visa.

Criterion 5002: Conditions for Those Removed from Australia

Who is Affected?

Criterion 5002 applies to individuals who have been removed from Australia under sections 198, 199, or 205 of the Migration Act.

Specific Conditions:

  1. 12-Month Waiting Period:

   – You must wait more than 12 months after your removal to apply for a visa.

  1. Minister’s Discretion:

   – The Minister can permit a visa application within 12 months if there are compelling circumstances affecting Australia’s interests or compassionate circumstances affecting an Australian citizen, permanent resident, or eligible New Zealand citizen.

What Does This Mean for You?

If you have been removed from Australia, you generally need to wait a year before reapplying. However, if you can demonstrate compelling or compassionate circumstances, you may be eligible to apply sooner with the Minister’s approval.

Criterion 5010: Special Conditions for Foreign Affairs Student Visa Holders

Who is Affected?

This criterion targets individuals who are or have been holders of Foreign Affairs student visas or those supported by foreign governments.

Specific Conditions:

  1. Current Foreign Affairs Student Visa Holders:

   – Must meet one of the specific subclauses* (3), (4), or (5).

  1. Former Visa Holders Supported by Foreign Governments:

   – Must meet the conditions if they no longer hold a substantive visa or if their last visa was related to foreign government support.

*Subclauses Explained:

– Subclause (3): The course was designed to be completed in less than 12 months.

– Subclause (4): The applicant has ceased the course and spent at least two years outside Australia since ceasing.

– Subclause (5): The applicant has the support of the Foreign Minister or the foreign government, or the Minister is satisfied that compelling or compassionate circumstances justify waiving this requirement.

What Does This Mean for You?

If you have been a Foreign Affairs student visa holder or received financial support from a foreign government, you need to meet one of the specific conditions to reapply for a visa to Australia. This could involve having completed a short-term course, spending time outside Australia, or securing support from the relevant authorities.

In conclusion, understanding and meeting the Special Return Criteria under Schedule 5 is crucial for anyone seeking to return to Australia after deportation, visa cancellation, or as a former Foreign Affairs student visa holder. If you fall into any of these categories, it’s essential to carefully review the conditions and, if necessary, seek the support of a registered migration agent to navigate the process successfully.

For personalised advice and assistance with your specific situation, book an appointment with Heenan & Browne Visa Migration Services. We’re here to help you every step of the way.



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