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Australian Immigration Law blog

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Aviation Pioneer and war hero's family terrorised by Border Force

There is an article in the SMH today about the family of Nancy Bird, the pioneer aviatrix, her brother and his children.

Border Force asserts they are not citizens!

It is interesting to note the allegation of bullying and intimidation by Officers of Border Force.

It is a pity Compliance officers have not bothered to read the Migration Act, 1958.

Section 34, the "Absorbed Person" provisions apply in this case.


Absorbed person visas

             (1)  There is a class of permanent visas to remain in, but not re-enter, Australia, to be known as                          absorbed person visas.

             (2)  A non-citizen in the migration zone who:

                     (a)  on 2 April 1984 was in Australia; and

                     (b)  before that date, had ceased to be an immigrant; and

                     (c)  on or after that date, has not left Australia, where left Australia has the meaning it had in                             this Act before 1 September 1994; and

                     (d)  immediately before 1 September 1994, was not a person to whom section 20 of this Act                               as in force then applied;

                           is taken to have been granted an absorbed person visa on 1 September 1994.

             (3)  Subdivisions AA, AB, AC (other than section 68) and AH do not apply in relation to absorbed                          person visas.


The whole "pack your bags" approach in this case is, in my opinion completely misconceived.

All these candidates need to do, just to clear the decks, is to apply for an RRV.

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