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http://www.austlii.edu.au/cgi-bi ... chedule%202Subclass 155 Five Year Resident Return
155.1 Interpretation
Note Australian permanent resident is defined in regulation 1.03.
155.2 Primary criteria
Note All applicants must meet the primary criteria.
155.21 Criteria to be satisfied at time of application
155.211 The applicant:
(a) is an Australian permanent resident; or
(b) was an Australian citizen but has subsequently lost or renounced Australian citizenship; or
(c) is a former Australian permanent resident, other than a former Australian permanent resident whose most recent permanent visa was cancelled.
155.212 (1) The applicant meets the requirements of subclause (2), (3), (3A) or (4).
(2) The applicant meets the requirements of this subclause if the applicant was lawfully present in Australia for a period of, or periods that total, not less than 2 years in the period of 5 years immediately before the application for the visa and, during that time, the applicant:
(a) was:
(i) the holder of a permanent visa or a permanent entry permit; or
(ii) an Australian citizen; and
(b) was not the holder of:
(i) a temporary visa (other than a Subclass 773
Border visa, Subclass 956 Electronic Travel Authority (Business Entrant -- Long Validity) visa, Subclass 976 Electronic Travel Authority (Visitor) visa or Subclass 977 Electronic Travel Authority (Business Entrant -- Short Validity) visa held concurrently with the permanent visa or the permanent entry permit); or
(ii) a bridging visa.
(3) The applicant meets the requirements of this subclause if the applicant is outside Australia, and the Minister is satisfied that the applicant has substantial business, cultural, employment or personal ties with Australia which are of benefit to Australia, and the applicant:
(a) has not been absent from Australia for a continuous period of 5 years or more immediately before the application for the visa, unless there are compelling reasons for the absence, and the applicant:
(i) holds a permanent visa; or
(ii) last departed Australia as an Australian permanent resident; or
(iii) last departed Australia as an Australian citizen, but has subsequently lost or renounced Australian citizenship; or
(b) was an Australian citizen, or an Australian permanent resident, less than 10 years before the application, and has not been absent from Australia for a period of, or periods that total, more than 5 years in the period from the date that the applicant last departed Australia as an Australian citizen or Australian permanent resident to the date of the application, unless there are compelling reasons for the absence.
(3A) The applicant meets the requirements of this subclause if the applicant is in Australia, and the Minister is satisfied that the applicant:
(a) has substantial business, cultural, employment or personal ties with Australia which are of benefit to Australia; and
(b) has not been absent from Australia for a continuous period of 5 years or more since:
(i) the date of grant of the applicant's most recent permanent visa, unless there are compelling reasons for the absence; or
(ii) the date on which the applicant ceased to be a citizen, unless there are compelling reasons for the absence.
(4) The applicant meets the requirements of this subclause if the applicant is a member of the family unit of a person who:
(a) has been granted a Subclass 155 visa and that visa is still in effect; or
(b) meets the requirements of subclause (2), (3) or (3A) and has lodged either:
(i) a combined application for a Return (Residence) (Class BB) visa with the applicant; or
(ii) a separate application for a Return (Residence) (Class BB) visa.
Note The period of a visa granted under paragraph 155.212 (4) (a) can be no greater than the period of the Subclass 155 visa granted to the other family member, and mentioned in paragraph 155.212 (4) (a): see clause 155.511.
155.22 Criteria to be satisfied at time of decision
155.221 If the application is made outside Australia, the applicant satisfies special return criterion 5001.
155.222 The Minister is satisfied that:
(a) the applicant is the holder of a valid passport that:
(i) was issued to the applicant by an official source; and
(ii) is in the form issued by the official source; or
(b) it would be unreasonable to require the applicant to be the holder of a passport.
155.3 Secondary criteria: Nil.
Note All applicants must satisfy the primary criteria.
155.4 Circumstances applicable to grant
155.411 If the application is made outside Australia, the applicant must be outside Australia at the time of grant.
155.412 If the application is made in Australia, the applicant must be in Australia, but not in immigration clearance, at the time of grant.
155.5 When visa is in effect
155.511 Permanent visa permitting the holder to travel to and enter Australia for:
(a) if paragraph 155.212 (4) (a) applies to the applicant:
(i) the period of the Subclass 155 visa mentioned in paragraph 155.212 (4) (a); or
(ii) a shorter period determined by the Minister; or
(b) if:
(i) the visa is granted pursuant to an Internet application; and
(ii) the applicant met the requirements of clause 155.211 and subclause 155.212 (2) at the time of application;
a period of 5 years from the date of grant; or
(c) in any other case:
(i) a period of 5 years from the date of the grant; or
(ii) a shorter period determined by the Minister.
155.6 Conditions: Nil.
155.7 Way of giving evidence
155.711 No evidence need be given.
155.712 If evidence is given, to be given by a label affixed to a valid passport.
希望大家不要光听朋友或者去一些论坛听别人说(包括我)因为我中文不行,翻译有问题的,如果真的想了解法案的理解,建议自己参考MRTA的案例,看法官对条款的解释http://www.austlii.edu.au/cgi-bi ... ;view=date;offset=0
案例库里面有很多被移民局拒RRV的,这些只是选择上诉的一部分人,实际被拒的数字远远要大于这些。如果你认为你和他们情况相似,即使被拒也可以上诉成功的,请咨询你的代理律师,不要对移民局,移民官抱着要据也轮不到你的幻想,或者别人不据为什么据我, 一旦发生,就要浪费时间金钱去上诉。
PS:本早就打算把移民法相关的RRV的条款和一些MRT上诉案例发上来的,不过因为前几天在搞福利法的养老金的条款和案例,所以就不时间看这。
不过今天不忙,也就找出和大家分享分享。
[ 本帖最后由 jimple 于 2012-3-2 14:46 编辑 ] |
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