Migration (Specification of evidentiary requirements - family violence) Instrument (LIN 23/026) 2023
The instrument repeals Migration Regulations 1994 — Evidentiary Requirements — IMMI 12/116 in accordance with subsection 33(3) of the Acts Interpretation Act 1901 (the Acts Interpretation Act).
That subsection provides that a power to make a legislative instrument includes a power to amend or repeal that instrument in the same manner, and subject to the same conditions, as the power to make the instrument.
The Migration Regulations provide special provisions relating to family violence (Division 1.5 in Part 1 of the Migration Regulations), including when an application for a visa is taken to include a nonjudicially determined claim of family violence (see subregulation 1.23(9) of the Migration Regulations).
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