WAIVING A BAR

The subsection 400 (2) of the Migration Act states that the minister may waive a bar that is placed on standard business if the person has made a request to the minister to waive that bar.  The subsection 1400 (3) has the criteria that should be taken into the account by a minister in waiving a bar. The minister should decide whether Australia’s interest will be affected or not, whether the trade opportunity would be lost, whether there would detriment to the Australian community and if the person’s inability to standard sponsor would damage Australia’s relation with other countries. The minister is requested by subsection 140P of the Act to waive a bar placed and must be in writing.

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