Migration Regulations 1994

For the purposes of subsection 140O(3) of the Act, the criteria to be taken into account by the Minister in determining whether to waive a bar placed on an approved work sponsor are:

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

if the Minister has not previously refused to waive the bar:

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

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

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

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

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

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

For the purposes of subsection 140O(3) of the Act, the criteria to be taken into account by the Minister in determining whether to waive a bar placed on an approved family sponsor are:

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

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

whether there are exceptional circumstances that justify waiving the bar.