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Criminal Proceedings or Lawful Custody Visa Exemption

NauruSpecial cases

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

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Explore pathways in Nauru Read the five questions ↓

What exactly is the official special programme/status and why does it exist?

This is a statutory exemption from the application of Section 10(1) of the Immigration Act, not a visa: a person is exempt when entering or remaining in Nauru for the purpose of a criminal proceeding brought against him or her, serving a sentence of imprisonment or being detained in lawful custody for any reason. The official source does not state why the exemption exists.

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Limits of the record
  • The captured text does not state the policy reason for the exemption or restate what Section 10(1) of the Act requires.

Which specific population, role, circumstance or historical/legal situation does it cover?

It covers a person entering or remaining in Nauru for the purpose of: (a) a criminal proceeding brought against him or her; (b) serving a sentence of imprisonment; or (c) being detained in lawful custody for any reason.

See recorded sources

What circumstance, event, relationship, nomination, invitation or status activates access?

The checked official sources did not provide enough route-specific evidence to confirm the event, relationship, nomination or status that activates access.

See recorded sources
Limits of the record
  • The only activating circumstances are the reg 14(2)(a)-(c) purposes, already cited in R2; the file (70996d54ceac086e.txt) states no separate trigger, nomination or application step, and 'automatic' would be an inference.

What sponsor, authority, nomination, certification, evidence or other step must occur before the status can be obtained?

The checked official sources did not provide enough route-specific evidence to confirm the steps or approvals needed before the status can be obtained.

See recorded sources
Limits of the record
  • Searched reg 14(2)-(3): no sponsor, authority, certification or prior step is stated; claiming 'no prior action required' would be an uncited inference.

What immigration status and rights result, how long do they last, can family be included, and what happens if the special qualifying circumstance ends?

A person ceases to be entitled to the exemption if the qualifying circumstance ceases to apply to him or her. The official source does not state the rights held during the exemption, whether family members can be included or its duration.

See recorded sources
Limits of the record
  • The captured text does not state the rights held during the exemption, whether family can be included, or what status applies after it ends.

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

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