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C
064624
MDLIAN 6412
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'FM CANBERRA
TO ROUTINE FCO
TELNO 256
OF 15040OZ MARCH 90
INFO ROUTINE HONG KONG
MY TELNO 216, YOUR TELNO 167 AND HONG KONG TELNO 853: INTERNATIONAL SUPPORT FOR HONG KONG: AUSTRALIA.
1. YOU WILL KNOW FROM MY TELNO 66 THAT I HAVE ALREADY EMPHASISED TO THE AUSTRALIANS THAT THEIR EXISTING ARRANGEMENTS DO NOT REPEAT NOT MEET OUR REQUIREMENTS. UPON RECEIPT OF YOUR T.U.R. WE SOUGHT CLARIFICATION FROM IMMIGRATION DEPARTMENT ON WHAT THEIR EXISTING ARRANGEMENTS IN PRACTICE AMOUNT TO. FOLLOWING SOME DELAY, WE WERE GIVEN AN EXPLANATION SIMILAR TO, THOUGH NOT IDENTICAL WITH, THAT IN PARA 2 OF HONG KONG T.U.R. IMMIGRATION DEPARTMENT EXPLAINED THAT NORMAL MIGRANT ENTRY INCLUDED PROVISION FOR REST AND RETURN FACILITIES DURING AN INITIAL THREE YEAR PERIOD. THE MIGRANT ENTRY VISA HAD TO BE ''ACTIVATED'' WITHIN
ONE YEAR: THIS WOULD INVOLVE THE MIGRANT COMING TO AUSTRALIA WITHIN THE VALIDITY OF HIS MULTIPLE ENTRY/EXIT VISA. IN THEORY THERE WAS NOTHING TO PREVENT THAT MIGRANT LEAVING AUSTRALIA AGAIN AFTER ONE DAY. WITHIN THE INITIAL THREE YEAR PERIOD THAT PERSON COULD ENTER AND LEAVE AUSTRALIA AS OFTEN AS HE/SHE WISHED. HOWEVER, AT THE END OF THE THREE YEAR PERIOD IF THE MULTIPLE ENTRY/EXIT VISA WERE TO BE RE-ISSUED UNDER THE NORMAL FIVE YEAR REST AND RETURN FACILITIES, TWO YEARS RESIDENCE IN AUSTRALIA DURING THE INITIAL THREE YEAR PERIOD WAS REQUIRED. THERE WERE CERTAIN EXCEPTIONS TO THE TWO YEAR RESIDENCE REQUIREMENT SUCH AS FOR PEOPLE POSTED OVERSEAS BY AUSTRALIAN COMPANIES OR GOVERNMENT DEPARTMENTS, PEOPLE TRAVELLING OVERSEAS AS PART OF THE FAMILY UNIT OF AN AUSTRALIAN NATIONAL, OR PEOPLE WHO HAD ENTERED AUSTRALIA UNDER THE BUSINESS MIGRATION PROGRAMME (BMP), ESTABLISHED A BUSINESS AND WERE THEN OBLIGED TO TRAVEL OUTSIDE AUSTRALIA IN CONNECTION WITH THAT BUSINESS. IMMIGRATION DEPARTMENT COMMENTED THAT IT WAS CONCEIVABLE THAT SOME HONG KONG MIGRANTS TO AUSTRALIA MIGHT FALL INTO SOME OF THESE CATEGORIES OF EXEMPTION, PARTICULARLY IF THEY ENTERED UNDER THE BMP OR WERE EMPLOYEES OF AN AUSTRALIAN COMPANY WHICH RE-POSTED THEM BACK TO HONG KONG.
2. WE HAVE OF COURSE RE-EMPHASISED TO IMMIGRATION DEPARTMENT THE DIFICIENCIES FROM OUR POINT OF VIEW IN THEIR EXISTING ARRANGEMENTS. HOWEVER, AS MY T.U.R. REPORTED WE CANNOT EXPECT
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