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Regional Processing Centre Visa

NauruHumanitarian protection

Explore the five recorded questions, answers and sources for this pathway.

Programme source

Explore pathways in Nauru Read the five questions ↓

What exactly is this: asylum, temporary protection, humanitarian admission, resettlement or another protection mechanism?

The checked official sources did not provide enough route-specific evidence to confirm the protection mechanism this route represents.

See recorded sources
Limits of the record
  • This detail is not established in the evidence recorded here. Confirm the applicable requirement with the responsible authority.

Which population, circumstances or geographic group does the mechanism cover?

It covers an offshore entry person within the meaning of Australia's Migration Act 1958 who is to be, or has been, brought to Nauru under Section 198AD of that Act, or a person who is to be, or has been, brought to Nauru under Section 199 of that Act. A Section 199 person may hold the visa to reside, as a dependant, with a holder of a regional processing centre visa issued for the determination, review/removal or settlement purposes.

See recorded sources
  • Recorded source · ronlaw.gov.nr
    (1) A regional processing centre visa may only be granted to: (a) an offshore entry person within the meaning of the Migration Act 1958 of the Commonwealth of Australia who is to be, or has been, brought to Nauru under Section 198AD of that Act; or (b) a person who is to be, or has been, brought to Nauru under Section 199 of that Act.
  • Recorded source · ronlaw.gov.nr
    (e) enabling a person mentioned in subregulation (1)(b) to reside, as a dependant, with the holder of a regional processing centre visa issued for a purpose mentioned in paragraph (a), (b), (c) or (d).

Where can protection be requested, and is this a direct application, border/in-country request, referral or other process?

The person does not apply directly: an application may only be made by an officer of the Commonwealth of Australia, and must be made before the person's entry into Nauru. The Director may, at his or her discretion, grant the visa even if the application is made on or after entry, so the person is not disadvantaged by the Australian officer's failure to apply in time. A further visa may be granted to an existing holder on the request of an Australian officer without an application in the prescribed form.

See recorded sources
  • Recorded source · ronlaw.gov.nr
    (2) An application for a regional processing centre visa shall be made before the entry into Nauru of the person to whom it relates.
  • Recorded source · ronlaw.gov.nr
    (3) An application for a regional processing centre visa may only be made by an officer of the Commonwealth of Australia.
  • Recorded source · ronlaw.gov.nr
    (3A) The Director may, in his or her discretion, grant a regional processing centre visa despite the application being made on or after entry into Nauru of the person to whom it relates in order for the person not to be disadvantaged because of the failure of an officer of the Commonwealth of the Australia to comply with subregulation (2).
  • Recorded source · ronlaw.gov.nr
    (5A) In respect of a person who holds a regional processing centre visa, a further regional processing centre visa may be granted on the request of an officer of the Commonwealth of Australia without submitting an application in the prescribed form.

What happens after the request: registration, family handling, major support and rights where officially stated?

The visa may be granted for a period not exceeding 3 months. The holder must reside in premises specified in the visa, must not behave in a manner prejudicial to peace or good order in Nauru, and must not engage in any activity for which a business visa may be granted except with the Secretary's approval; a principal holder must take all reasonable steps to ensure that a dependant holding this visa complies with its conditions. The Director may add other reasonable conditions. The visa expires if the holder departs Nauru otherwise than for medical treatment. The official source does not state registration steps or support services during processing.

See recorded sources
Limits of the record
  • The captured Regulations do not describe accommodation, health, legal or other support services, or registration steps, during processing.
  • Recorded source · ronlaw.gov.nr
    (5) A regional processing centre visa may be granted for a period not exceeding 3 months.
  • Recorded source · ronlaw.gov.nr
    (6) A regional processing centre visa is subject to the following conditions: (a) the holder shall reside in premises specified in the visa; (d) the holder shall not behave in a manner prejudicial to peace or good order in Nauru; (e) the holder shall not engage in any activity for which a business visa may be granted, except with the approval of the Secretary;
  • Recorded source · ronlaw.gov.nr
    (g) if a person mentioned in subregulation (1)(a), the holder shall take all reasonable steps to ensure that a person mentioned in subregulation (1)(b) who is his or her dependant and holds a regional processing centre visa complies with the conditions of that visa.
  • Recorded source · ronlaw.gov.nr
    (7) A regional processing centre visa may be granted subject to any other reasonable condition, not inconsistent with the Act or the Refugees Convention Act 2012 or these Regulations, that the Director considers necessary or desirable.
  • Recorded source · ronlaw.gov.nr
    (8) A regional processing centre visa expires on its holder departing from Nauru otherwise than for medical treatment.
  • Recorded source · ronlaw.gov.nr
    Regional Processing Centre Visa (Asylum Seekers): $1,000 per month

Which competent authority, UN body or official assistance channel should the person use?

The Secretary makes the refugee-status determination under Section 6 of the Refugees Convention Act 2012, and a holder covered by that purpose must cooperate with it. The Minister may cancel a regional processing centre visa at any time; if the visa of a principal holder is cancelled, the visa of that person's dependant holding this visa is also cancelled.

See recorded sources
Limits of the record
  • No UN body, legal-assistance channel or fraud/scam warning is named in the captured text.
  • Recorded source · ronlaw.gov.nr
    (f) if a person covered by subregulation (4)(a), the holder shall cooperate in having a determination made in respect of him or her by the Secretary under Section 6 of the Refugees Convention Act 2012; and
  • Recorded source · ronlaw.gov.nr
    (9) The Minister may at any time cancel a regional processing centre visa.
  • Recorded source · ronlaw.gov.nr
    (10) Where the regional processing centre visa of a person mentioned in subregulation (1)(a) is cancelled, the visa of a person mentioned in subregulation (1)(b) who is a dependant of that person is also cancelled.

These are the answers currently recorded in the catalogue. A missing or partial answer is not an eligibility decision.

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