CONFIDENTIAL
4760
MDHI 5852
A) IF AN AGGREGATE OF AT LEAST 12, BUT LESS THAN 24 MONTHS (IE NOT NECESSARILY A CONTINUOUS PERIOD) OF THE INITIAL 36 MONTHS HAS BEEN SPEND IN AUSTRALIA A RETURN VISA VALID 5 YEARS CAN BE GRANTED:
B) IF AN AGGREGATE OF AT LEAST 12, BUT LESS THAN 24 MONTHS, OF THE INITIAL 36 MONTHS HAS BEEN SPENT IN AUSTRALIA, A RETURN VISA OF ONLY ONE YEAR CAN BE GRANTED.
4. WE ASKED ADCOCK ABOUT PRACTICE ON EXPIRY OF THE 5 YEAR RETURN
VISA.
HE SAID THAT CURRENTLY APPLICATION COULD BE MADE FOR A FURTHER 5 YEAR RETURN VISA BUT HE EXPECTED SOON TO SEE THIS FACILITY WITHDRAWN AS A MATTER OF GENERAL POLICY AND FOR ONLY ONE 5 YEAR RETURN
VISA TO BECOME AVAILABLE.
5. IN CONVERSATION ADCOCK MADE CLEAR THAT THE KEY AUSTRALIAN OBJECTION TO OUR PROPOSED WORDING (MY TUR) IS ITS IMPLICATION THAT AUSTRALIAN PERMANENT RESIDENCY CAN BE ''DEFERRED''. THIS IS COUNTER TO THE SPIRIT OF AUSTRALIAN IMMIGRATION REGULATIONS. ADCOCK ADDED THAT ONCE A MIGRANT HAD ARRIVED IN AUSTRALIA FOLLOWING ISSUE OF MIGRANT VISA, THAT PERSON WAS CONSIDERED TO HAVE PERMANENTLY MIGRATED. (COMMENT: THUS, STRICTLY SPEAKING, ''DEFERRMENT'' OF PERMANENT RESIDENCE IS NOT POSSIBLE).
6. WE BELIEVE THAT IF WE AVOID GIVING THE OVERT IMPRESSION THAT DEFERMENT OF PERMANENT RESIDENCE IS POSSIBLE AND THROW IN A BOW IN THE DIRECTION OF AUSTRALIAN GENEROSITY TO MIGRANTS, WE MAY BE ABLE TO FINESSE AUSTRALIAN PRINCIPLES. THE FOLLOWING LANGUAGE
MIGHT BE ACCEPTABLE HERE:
BEGINS:
IT IS NOT FOR ME TO EXPLAIN DETAILED AUSTRALIAN IMMIGRATION REGULATIONS. HOWEVER, I UNDERSTAND THAT THESE REGULATIONS MAKE GENEROUS PROVISION FOR NEW MIGRANTS TO TRAVEL WIDELY DURING THEIR FIRST 3 YEARS OF RESIDENCE IN AUSTRALIA. INDEED, SOME PEOPLE WHO FULFIL CERTAIN SPECIFIC CONDITIONS CAN TRAVEL OR LIVE OUTSIDE AUSTRALIA SOON AFTER THEIR INITIAL ARRIVAL WITHOUT NECESSARILY PREJUDICING THEIR MIGRANT OR RESIDENCY STATUS.
SUCH ARRANGEMENTS CAN OF COURSE BE VALUABLE TO HONG KONG PEOPLE ALTHOUGH THEY ARE NOT WITHOUT A DEGREE OF INCONVENIENCE. WE SHALL CONTINUE TO URGE OUR AND HONG KONG'S FRIENDS TO ADOPT SCHEMES SUCH AS THE ONE WE HAVE PROPOSED, WHEREBY INDIVIDUALS ARE ABLE TO ACQUIRE AND RETAIN RIGHT OF ABODE WITHOUT NEEDING TO LEAVE
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