Commonwealth Consolidated Acts

IMMIGRATION (EDUCATION) ACT 1971 - SECT 4D

Scope

  (1)   This section applies to a person who would (apart from this section) be eligible, if:

  (a)   he or she has ever held a permanent visa; or

  (b)   he or she has ever held a temporary visa of a class mentioned in subparagraph   4 A(1)(a)(ii) .

  (1A)   However, this section does not apply to a person whose visa commencement day is on or before 1   October 2020.

Time limit

  (2)   The person stops being eligible at the end of the period of 5 years starting on his or her visa commencement day.

Extension of time

  (3)   The person may apply to the Secretary for an extension of the period mentioned in subsection   (2) (the subsection   (2) period ).

  (4)   An application under subsection   (3) for an extension of the subsection   (2) period:

  (a)   must be made in the manner, and within the period, prescribed by the regulations; and

  (b)   subject to paragraph   (a), may be made before or after the end of the subsection   (2) period.

  (5)   On an application under this section, if the Secretary is satisfied that, for compelling and compassionate reasons, the applicant should not stop, or should not have stopped, being eligible under subsection   (2), the Secretary may extend the subsection   (2) period by a specified period.

  (6)   In making a decision under subsection   (5), the Secretary:

  (a)   must have regard to the matters prescribed by the regulations; and

  (b)   must not have regard to any other matter.