s 23

Residence requirements

In force

(1)

A person meets the residence requirements if the person:

(a)

resides in Australia; and

(b)

is one of the following:

(i)

an Australian citizen;

(ii)

the holder of a permanent visa;

(iii)

a special category visa holder who is a protected SCV holder.

(2)

In deciding whether or not a person resides in Australia, regard must be had to:

(a)

the nature of the accommodation used by the person in Australia; and

(b)

the nature and extent of the family relationships the person has in Australia; and

(c)

the nature and extent of the person’s employment, business or financial ties with Australia; and

(d)

the nature and extent of the person’s assets located in Australia; and

(e)

the frequency and duration of the person’s travel outside Australia; and

(f)

any other matter relevant to determining whether the person intends to remain permanently in Australia.

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