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The subsection 400 (2) of the Migration Act states that the minister may waive a bar that is positioned on standard business if the individual has made a request to the minister to waive that bar. The subsection 1400 (3) has the criteria that needs to be taken into the account by way of a minister in waiving a bar. The minister should decide whether Australia?s interest will undoubtedly be affected or not, whether the trade opportunity would be lost, whether there would detriment to the Australian community and when the individual?s inability to standard sponsor would damage Australia? website 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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