Waiving a Bar

 
 

The circumstances in which the Minister may waive the bar are as follows:

Reg 2.101 Criteria for waiving a bar

For subsection 140O(3) of the Act, the criteria to be taken into account by the Minister in determining whether to waive a bar are:

(a) whether the person has made the request to waive the bar in accordance with the process set out in regulation 2.102; and

(b) if the Minister has not previously refused to waive the bar:

(i) whether the interests of Australia would be significantly affected if the bar were not waived; and

(ii) whether a substantial trade opportunity would be lost if the bar were not waived; and

(iii) whether there would be a significant detriment to the Australian community if the bar were not waived; and

(iv) whether the person’s inability to sponsor a proposed primary sponsored person would significantly damage Australia’s relations with the government of another country; and

(v) whether significant new evidence or information has come to light which was not available at the time the decision to place the bar was made; and

(c) if the Minister has previously refused to waive the bar, whether the circumstances relevant to the making of the earlier decision have changed substantially.

 

[1] This preamble is repeated substantially in the other papers  such as skilled visas and ENS.

[2] Technically the top marginal rate starts at an annual salary of $180,001, welcome to tax law.

[3] This paper ignores the subclass 457 visa in the Independent Executive category (see paragraph 457.223(7) & (7A).  There may be only a handful of visa holders in this category (if any left) as this subcategory of visa was phased out years ago.

[4] See reg 2.68(e) & (f) as a sponsorship requirement

[5] This is prescribed by Reg 2.70 and includes all  standard business sponsors

[6] F2014L01510, IMMI 14/107, [6/11/2014], to start when the Korea Free trade Agreement comes into force

[7] Determined to be 12 months by Immi 13/136 dated  18 November 2013

[8] On 30 June 2012 it was $49,330

[9] Although this case concerned a protection visa situation in the assessment of character, the observations of DP Wright are equally apposite to other visas like the subclass 457 visa and the assessment of criteria other than character.

Barbara DavidsonWaiving a Bar