Commonwealth Consolidated Acts

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MIGRATION ACT 1958 - SECT 87A

Limit does not prevent the grant of visas to certain people who are unable to meet health or character requirements before the limit applies because of circumstances beyond their control

    If:

  (a)   a person has applied, whether before or after the commencement of this section, for the grant of a visa; and

  (b)   a time was or is reached when the grant of the visa to the person in a particular financial year was or is prevented by section   86; and

  (c)   the person was requested by the Minister after that time to satisfy requirements for the grant of the visa that relate to health or character; and

  (d)   after the making of the request referred to in paragraph   (c) the person satisfies the requirements referred to in that paragraph in a financial year subsequent to the financial year in which the time referred to in paragraph   (b) occurred; and

  (e)   the grant of the visa to the person at the time when the requirements referred to in paragraph   (c) are satisfied would, apart from this section, be prevented by section   86; and

  (f)   the person was unable to satisfy the requirements referred to in paragraph   (c) at a time when, apart from this section, section   86 would not have prevented the grant of the visa to the person; and

  (g)   the Minister is satisfied that the person's inability to satisfy the requirements referred to in paragraph   (c) at a time mentioned in paragraph   (e) was due to circumstances beyond the person's control;

section   86 does not prevent the grant of the visa to the person.

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