Migration Regulations (Amendment) (Cth)

Case
No judgment structure available for this case.

Statutory Rules 1997

No. 137 1

__________________

Migration Regulations 2(Amendment)

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Migration Act 1958.

Dated 16 June 1997.

 WILLIAM DEANE

 Governor-General

By His Excellency’s Command,

  

PHILIP RUDDOCK

Minister for Immigration and Multicultural Affairs

____________

1.   Commencement

1.1   These Regulations commence on 1 July 1997.

2.   Amendment

2.1   The Migration Regulations are amended as set out in these Regulations.

3.   Regulation 1.03 (Interpretation)

3.1   Insert the following definition:

“‘member of the immediate family’ has the meaning given by regulation 1.12AA;”.

4.   New regulation 1.12AA

4.1   After regulation 1.12, insert:

Member of the immediate family

“1.12AA. For these Regulations, a person ‘A’ is a member of the immediate family of another person ‘B’ if:

  • (a)

    A is a spouse of B; or

  • (b)

    A is a dependent child of B; or

  • (c)

    A is a parent of B, and B is not 18 years or more.”.

5.   Regulation 2.12I (Partial refund of second instalment of visa application charge)

5.1   After subregulation 2.12I (1), insert:

 “(1A) Paragraph (1) (c) does not apply if, before the visa ceases to have effect, the Commonwealth’s obligation under section 4C of the Immigration (Education) Act 1971, in relation to the applicant, has ceased by operation of paragraph 4D (1) (b), (c) or (d) or subsection 4D (2) of that Act.”.

6.   Regulation 2.26 (Prescribed qualifications and prescribed number of points)

6.1   Paragraph 2.26 (1) (a):

Omit “(Concessional Family)”, substitute “(Skilled—Australian Linked)”.

6.2   Paragraph 2.26 (1) (a):

Omit “Part 1, 2, 4,”, substitute “Part 1, 2, 3, 4,”.

6.3   Paragraphs 2.26 (1) (a) and (b):

Omit “an applicant for”, substitute “the grant, to the applicant, of”.

7.   New Regulation 5.41

7.1   After regulation 5.40, insert in Division 5.7:

Fee for further opinion of Medical Officer of the Commonwealth in merits review

 “5.41.(1) This regulation applies to an internal review, or review by the Immigration Review Tribunal, of a refusal to grant a visa to a person, if:

  • (a)

    under regulation 2.25A, in determining whether the criteria for grant of the visa were satisfied, the Minister was required, to seek the opinion of a Medical Officer of the Commonwealth; and

  • (b)

    the refusal occurred wholly, or in part, because in the opinion of the Medical Officer of the Commonwealth, the person did not satisfy a requirement mentioned in subregulation 2.25A (1) or (2), as the case requires; and

  • (c)

    for the review—a further opinion of a Medical Officer of the Commonwealth is required. 

“(2)There is payable, for the further opinion mentioned in paragraph (1) (c), a fee of $330.”. 

8.   Various regulations—amendment of fees

8.1   A provision mentioned in column 1 in the following table is amended as indicated in columns 2 and 3 in the table.

Column 1

Provision

Column 2

Omit

Column 3

Substitute

Subregulation 1.20C (3)

$3,000.

$3,045.

Paragraph 1.20E (2) (a)

$1,000;

$1,015;

Paragraph 1.20E (2) (b)

$1,000.

$1,015.

Subregulation 1.20G (3)

$205.

$210.

Subregulation 5.37 (1)

$275

$280

Paragraph 5.38 (2) (a)

$205

$210

Paragraph 5.38 (2) (b)

$2,050.

$2,100.

9.   Schedule 1 (Classes of visas)

9.1   Item 1110:

Omit the item.

9.2   After item 1128, insert:

“1128A.Skilled—Australian Linked (Migrant) (Class AJ)

(1)

Form:

47.

(2) Visa application charge:

(a) First instalment (payable at the time application is made):

$1,055

(b) Second instalment (payable before grant of visa):

  • (i)

    In the case of each applicant whose age was 18 years or more at the time of application and who is assessed as not having functional English:

 

$2,235

  • (ii)

    In any other case:

Nil

(3)

Other:

(a) Application must be made outside Australia.

(b) Application by a person claiming to be a member of the family unit of a person who is an applicant for a Skilled—Australian Linked (Migrant) (Class AJ) visa may be made at the same time and place as, and combined with, the application by that person.

(4)

Subclasses:

105  (Skilled—Australian Linked)

106  (Regional Linked)”.

9.3   Subparagraph 1223A (2) (a) (i):

Omit the subparagraph, substitute:

  • “(i)

    Subject to subparagraphs (iv), (v), (vi), (vii) and (viii), in the case of an applicant who:

    • (A)

      is outside Australia at the time of applying (whether or not the application is made outside Australia); and

    • (B)

      seeks a visa that will permit him or her to remain in Australia for up to 3 months:

$45”.

9.4   A provision mentioned in column 1 in the following table is amended as indicated in columns 2 and 3 in the table.

Column 1

Provision

Column 2

Omit

Column 3

Substitute

Subparagraph 1101 (2) (a) (ii)

$1,000

$1,055

Paragraph 1104 (2) (a)

$2,465

$2,540

Sub-subparagraph 1104 (2) (b) (i) (C)

$4,405

$4,470

Sub-subparagraph 1104 (2) (b) (ii) (C)

$2,200

$2,235

Paragraph 1104A (2) (a)

$2,465

$2,540

Subparagraph 1107 (2) (a) (iv)

$600

$650

Subparagraph 1107 (2) (a) (v)

$1,500

$1,565

Subparagraph 1107 (2) (b) (i)

$924

$940

Subparagraph 1108 (2) (a) (ii)

$1,000

$1,055

Paragraph 1112 (2) (a)

$1,000

$1,055

Subparagraph 1112 (2) (b) (i)

$2,200

$2,235

Subparagraph 1114 (2) (a) (ii)

$1,000

$1,055

Sub-subparagraph 1114 (2) (b) (i) (C)

$4,405

$4,470

Sub-subparagraph 1114 (2) (b) (ii) (C)

$2,200

$2,235

Subparagraph 1115 (2) (a) (i)

$175

$180

Subparagraph 1115 (2) (a) (v)

$600

$650

Sub-subparagraph 1115 (2) (a) (vi) (C)

$600

$650

Subparagraph 1115 (2) (a) (vii)

$1,500

$1,565

Subparagraph 1115 (2) (b) (i)

$924

$940

Paragraph 1116 (2) (a)

$1,000

$1,055

Subparagraph 1116 (2) (b) (i)

$2,200

$2,235

Paragraph 1117 (2) (a)

$1,000

$1,055

Subparagraph 1117 (2) (b) (i)

$2,200

$2,235

Paragraph 1118 (2) (a)

$1,000

$1,055

Subparagraph 1118 (2) (b) (i)

$2,200

$2,235

Subparagraph 1119 (2) (a) (ii)

$175

$180

Sub-subparagraph 1119 (2) (a) (iii) (D)

$600

$650

Sub-subparagraph 1119 (2) (a) (iv) (C)

$600

$650

Sub-subparagraph 1119 (2) (a) (v) (C)

$500

$510

Sub-subparagraph 1119 (2) (a) (vi) (D)

$600

$650

Subparagraph 1119 (2) (a) (vii)

$1,500

$1,565

Subparagraph 1119 (2) (b) (i)

$924

$940

Paragraph 1120 (2) (a)

$1,000

$1,055

Subparagraph 1120 (2) (b) (i)

$2,200

$2,235

Subparagraph 1120A (2) (a) (ii)

$1,000

$1,055

Paragraph 1121 (2) (a)

$1000

$1,055

Sub-subparagraph 1121 (2) (b) (i) (C)

$4,405

$4,470

Sub-subparagraph 1121 (2) (b) (ii) (C)

$2,200

$2,235

Paragraph 1124 (2) (a)

$1,000

$1,055

Paragraph 1124 (2) (b)

$924

$940

Subparagraph 1125 (2) (a) (ii)

$600

$650

Subparagraph 1125 (2) (a) (iii)

$1,000

$1,055

Paragraph 1125 (2) (b)

$924

$940

Subparagraph 1129 (2) (a) (ii)

$1,000

$1,055

Paragraph 1215 (2) (a)

$1,000

$1,055

Subparagraph 1222 (2) (a) (ii)

$280

$285

10.   Schedule 2, Part 105 (Concessional Family)

[NOTE: The heading to Part 105 should be omitted and the following heading substituted:

“SUBCLASS 105—SKILLED—AUSTRALIAN LINKED”.]

11.   Schedule 2, Part 106 (Regional Family)

[NOTE: The heading to Part 106 should be omitted and the following heading substituted:

“SUBCLASS 106—REGIONAL LINKED”.]

12.   Schedule 2, Part 200 (Refugee)

[NOTE: The note following the heading to Division 200.1 should be omitted and the following note substituted:

“[NOTE: ‘member of the family unit’ and ‘member of the immediate family’ are defined in regulation 1.03.]”.]

12.1   Insert in Division 200.1:

“200.111 For the purposes of this Part:

‘Subclass 200 visa’ means:

  • (a)

    a Subclass 200 (Refugee) visa; or

  • (b)

    a Class 200 (refugee) visa within the meaning of the Migration (1993) Regulations; or

  • (c)

    a refugee visa (code number 200) within the meaning of the Migration (1989) Regulations; or

  • (d)

    a transitional (permanent) visa granted on the basis of an application for a visa of a kind referred to in paragraph (b) or (c).”.

[NOTE: The note following the heading to Division 200.2 should be omitted and the following note substituted:

“[NOTE: The primary criteria must be satisfied by all applicants except certain applicants who are members of the family unit, or members of the immediate family, of certain applicants who satisfy the primary criteria. Those other applicants need satisfy only the secondary criteria.]”.]

12.2   Clauses 200.211 and 200.212:

Omit the clauses, substitute:

“200.211 (1) The applicant:

  • (a)

    is subject to persecution in the applicant’s home country and is living in a country other than the applicant’s home country; or

  • (b)

    satisfies the requirements of subclause (2).

“(2)

The applicant satisfies the requirements of this subclause if:

  • (a)

    the applicant’s entry to Australia has been proposed in accordance with approved form 681 by an Australian permanent resident (in this subclause called ‘the proposer’) who is, or has been, the holder of a Subclass 200 visa; and

  • (b)

    on the date of grant of that visa, the applicant was a member of the immediate family of the proposer; and

  • (c)

    the applicant continues to be a member of the immediate family of the proposer; and

  • (d)

    before the grant of that visa, that relationship was declared to Immigration.”.

12.3   Clause 200.221:

Omit “criteria in clauses 200.211 and 200.212.”, substitute “criterion specified in clause 200.211.”.

[NOTE: The note following the heading to Division 200.3 should be omitted and the following note substituted:

“[NOTE: These criteria must be satisfied by applicants who are members of the family unit, or members of the immediate family, of certain persons who satisfy the primary criteria.]”.]

12.4   Clause 200.311:

Omit the clause, substitute:

“200.311 The applicant:

  • (a)

    is a member of the family unit of, and made a combined application with, a person who satisfies, or has satisfied, the requirements of paragraph 200.211 (1) (a); or

  • (b)

    is a member of the immediate family of, and made a combined application with, a person who satisfies, or has satisfied, the requirements of paragraph 200.211 (1) (b).”.

12.5   Clause 200.321:

Omit the clause, substitute:

“200.321 The applicant:

  • (a)

    continues to be a member of the family unit of a person who, having satisfied the primary criteria (and, in particular, having satisfied the requirements of paragraph 200.211 (1) (a)), is the holder of a Subclass 200 visa; or

  • (b)

    continues to be a member of the immediate family of a person who, having satisfied the primary criteria (and, in particular, having satisfied the requirements of paragraph 200.211 (1) (b)), is the holder of a Subclass 200 visa.”.

13.   Schedule 2, Part 201 (In-country Special Humanitarian)

[NOTE: The note following the heading to Division 201.1 should be omitted and the following note substituted:

“[NOTE: ‘member of the family unit’ and ‘member of the immediate family’ are defined in regulation 1.03.]”.]

13.1   Insert in Division 201.1:

“201.111 For the purposes of this Part:

‘Subclass 201 visa’ means:

  • (a)

    a Subclass 201 (In-country Special Humanitarian) visa; or

  • (b)

    a Class 201 (in-country special humanitarian) visa within the meaning of the Migration (1993) Regulations; or

  • (c)

    an in-country special humanitarian program visa (code number 201) within the meaning of the Migration (1989) Regulations; or

  • (d)

    a transitional (permanent) visa granted on the basis of an application for a visa of a kind referred to in paragraph (b) or (c).”.

[NOTE: The note following the heading to Division 201.2 should be omitted and the following note substituted:

“[NOTE: The primary criteria must be satisfied by all applicants except certain applicants who are members of the family unit, or members of the immediate family, of certain applicants who satisfy the primary criteria. Those other applicants need satisfy only the secondary criteria.]”.]

13.2   Clauses 201.211 and 201.212:

Omit the clauses, substitute:

“201.211 (1) The applicant:

  • (a)

    is subject to persecution in the applicant’s home country and is living in the applicant’s home country; or

  • (b)

    satisfies the requirements of subclause (2).

“(2)

The applicant satisfies the requirements of this subclause if:

  • (a)

    the applicant’s entry to Australia has been proposed in accordance with approved form 681 by an Australian permanent resident (in this subclause called ‘the proposer’) who is, or has been, the holder of a Subclass 201 visa; and

  • (b)

    on the date of grant of that visa, the applicant was a member of the immediate family of the proposer; and

  • (c)

    the applicant continues to be a member of the immediate family of the proposer; and

  • (d)

    before the grant of that visa, that relationship was declared to Immigration.”.

13.3   Clause 201.221:

Omit “criteria in clauses 201.211 and 201.212.”, substitute “criterion specified in clause 201.211.”.

[NOTE: The note following the heading to Division 201.3 should be omitted and the following note substituted:

“[NOTE: These criteria must be satisfied by applicants who are members of the family unit, or members of the immediate family, of certain persons who satisfy the primary criteria.]”.]

13.4   Clause 201.311:

Omit the clause, substitute:

“201.311 The applicant:

  • (a)

    is a member of the family unit of, and made a combined application with, a person who satisfies, or has satisfied, the requirements of paragraph 201.211 (1) (a); or

  • (b)

    is a member of the immediate family of, and made a combined application with, a person who satisfies, or has satisfied, the requirements of paragraph 201.211 (1) (b).”.

13.5   Clause 201.321:

Omit the clause, substitute:

“201.321 The applicant:

  • (a)

    continues to be a member of the family unit of a person who, having satisfied the primary criteria (and, in particular, having satisfied the requirements of paragraph 201.211 (1) (a)), is the holder of a Subclass 201 visa; or

  • (b)

    continues to be a member of the immediate family of a person who, having satisfied the primary criteria (and, in particular, having satisfied the requirements of paragraph 201.211 (1) (b)), is the holder of a Subclass 201 visa.”.

14.   Schedule 2, Part 202 (Global Special Humanitarian)

[NOTE: The note following the heading to Division 202.1 should be omitted and the following note substituted:

“[NOTE: ‘eligible New Zealand citizen’, ‘member of the family unit’ and ‘member of the immediate family’ are defined in regulation 1.03.]”.]

14.1   Insert in Division 202.1:

“202.111 For the purposes of this Part:

‘Subclass 202 visa’ means:

  • (a)

    a Subclass 202 (Global Special Humanitarian) visa; or

  • (b)

    a Class 202 (global special humanitarian program) visa within the meaning of the Migration (1993) Regulations; or

  • (c)

    a global special humanitarian visa (code number 202) within the meaning of the Migration (1989) Regulations; or

  • (d)

    a transitional (permanent) visa granted on the basis of an application for a visa of a kind referred to in paragraph (b) or (c);

‘Subclass 866 visa’ means:

  • (a)

    a Subclass 866 (Protection) visa; or

  • (b)

    a Class 817 (protection (permanent)) entry permit within the meaning of the Migration (1993) Regulations; or

  • (c)

    a transitional (permanent) visa granted on the basis of an application for a visa of a kind referred to in paragraph (b).”.

[NOTE: The note following the heading to Division 202.2 should be omitted and the following note substituted:

“[NOTE: The primary criteria must be satisfied by all applicants except certain applicants who are members of the family unit, or members of the immediate family, of certain applicants who satisfy the primary criteria. Those other applicants need satisfy only the secondary criteria.]”.]

14.2   Clauses 202.211 and 202.212:

Omit the clauses, substitute:

“202.211 (1) The applicant:

  • (a)

    is subject to substantial discrimination, amounting to gross violation of human rights, in the applicant’s home country and is living in a country other than the applicant’s home country; or

  • (b)

    satisfies the requirements of subclause (2).

“(2)

The applicant satisfies the requirements of this subclause if:

  • (a)

    the applicant’s entry to Australia has been proposed in accordance with approved form 681 by an Australian permanent resident (in this subclause called ‘the proposer’); and

  • (b)

    either:

    • (i)

      the proposer is, or has been, the holder of a Subclass 202 visa, and the applicant was a member of the immediate family of the proposer on the date of grant of that visa; or

    • (ii)

      the proposer is, or has been, the holder of a Subclass 866 (Protection) visa, and the applicant was a member of the immediate family of the proposer on the date of application for that visa; and

  • (c)

    the applicant continues to be a member of the immediate family of the proposer; and

  • (d)

    before the grant of that visa, that relationship was declared to Immigration.”.

14.3   Clause 202.221:

Omit “criteria in clauses 202.211 and 202.212.”, substitute “criterion specified in clause 202.211.”.

[NOTE: The note following the heading to Division 202.3 should be omitted and the following note substituted:

“[NOTE: These criteria must be satisfied by applicants who are members of the family unit, or members of the immediate family, of certain persons who satisfy the primary criteria.]”.]

14.4   Clause 202.311:

Omit the clause, substitute:

“202.311 The applicant:

  • (a)

    is a member of the family unit of, and made a combined application with, a person who satisfies, or has satisfied, the requirements of paragraph 202.211 (1) (a); or

  • (b)

    is a member of the immediate family of, and made a combined application with, a person who satisfies, or has satisfied, the requirements of paragraph 202.211 (1) (b).”.

14.5   Clause 202.321:

Omit the clause, substitute:

“202.321 The applicant:

  • (a)

    continues to be a member of the family unit of a person who, having satisfied the primary criteria (and, in particular, having satisfied the requirements of paragraph 202.211 (1) (a)), is the holder of a Subclass 202 visa; or

  • (b)

    continues to be a member of the immediate family of a person who, having satisfied the primary criteria (and, in particular, having satisfied the requirements of paragraph 202.211 (1) (b)), is the holder of a Subclass 202 visa.”.

15.   Schedule 2, Part 203 (Emergency Rescue)

[NOTE: The note following the heading to Division 203.1 should be omitted and the following note substituted:

“[NOTE: ‘member of the family unit’ and ‘member of the immediate family’ are defined in regulation 1.03.]”.]

15.1   Insert in Division 203.1:

“203.111 For the purposes of this Part:

‘Subclass 203 visa’ means:

  • (a)

    a Subclass 203 (Emergency Rescue) visa; or

  • (b)

    a Class 203 (emergency rescue) visa within the meaning of the Migration (1993) Regulations; or

  • (c)

    an emergency rescue visa (code number 203) within the meaning of the Migration (1989) Regulations; or

  • (d)

    a transitional (permanent) visa granted on the basis of an application for a visa of a kind referred to in paragraph (b) or (c).”.

[NOTE: The note following the heading to Division 203.2 should be omitted and the following note substituted:

“[NOTE: The primary criteria must be satisfied by all applicants except certain applicants who are members of the family unit, or members of the immediate family, of certain applicants who satisfy the primary criteria. Those other applicants need satisfy only the secondary criteria.]”.]

15.2   Clause 203.211:

Omit the clause, substitute:

“203.211 (1) The applicant:

  • (a)

    is subject to persecution in the applicant’s home country, whether the applicant is living in the applicant’s home country or in another country; or

  • (b)

    satisfies the requirements of subclause (2).

“(2)

The applicant satisfies the requirements of this subclause if:

  • (a)

    the applicant’s entry to Australia has been proposed in accordance with approved form 681 by an Australian permanent resident (in this subclause called ‘the proposer’) who is, or has been, the holder of a Subclass 203 visa; and

  • (b)

    on the date of grant of that visa, the applicant was a member of the immediate family of the proposer; and

  • (c)

    the applicant continues to be a member of the immediate family of the proposer; and

  • (d)

    before the grant of that visa, that relationship was declared to Immigration.”.

15.3   Clause 203.221:

Omit the clause, substitute:

“203.221 The applicant continues to satisfy the criterion specified in clause 203.211.”.

[NOTE: The note following the heading to Division 203.3 should be omitted and the following note substituted:

“[NOTE: These criteria must be satisfied by applicants who are members of the family unit, or members of the immediate family, of certain persons who satisfy the primary criteria.]”.]

15.4   Clause 203.311:

Omit the clause, substitute:

“203.311 The applicant:

  • (a)

    is a member of the family unit of, and made a combined application with, a person who satisfies, or has satisfied, the requirements of paragraph 203.211 (1) (a); or

  • (b)

    is a member of the immediate family of, and made a combined application with, a person who satisfies, or has satisfied, the requirements of paragraph 203.211 (1) (b).”.

15.5   Clause 203.321:

Omit the clause, substitute:

“203.321 The applicant:

  • (a)

    continues to be a member of the family unit of a person who, having satisfied the primary criteria (and, in particular, having satisfied the requirements of paragraph 203.211 (1) (a)), is the holder of a Subclass 203 visa; or

  • (b)

    continues to be a member of the immediate family of a person who, having satisfied the primary criteria (and, in particular, having satisfied the requirements of paragraph 203.211 (1) (b)), is the holder of a Subclass 203 visa.”.

16.   Schedule 2, Part 204 (Woman at Risk)

[NOTE: The note following the heading to Division 204.1 should be omitted and the following note substituted:

“[NOTE: ‘member of the family unit’ and ‘member of the immediate family’ are defined in regulation 1.03.]”.]

16.1   Insert in Division 204.1:

“204.111 For the purposes of this Part:

‘Subclass 204 visa’ means:

  • (a)

    a Subclass 204 (Woman at Risk) visa; or

  • (b)

    a Class 204 (woman at risk) visa within the meaning of the Migration (1993) Regulations; or

  • (c)

    a woman at risk visa (code number 204) within the meaning of the Migration (1989) Regulations; or

  • (d)

    a transitional (permanent) visa granted on the basis of an application for a visa of a kind referred to in paragraph (b) or (c).”.

[NOTE: The note following the heading to Division 204.2 should be omitted and the following note substituted:

“[NOTE: The primary criteria must be satisfied by all applicants except certain applicants who are members of the family unit, or members of the immediate family, of certain applicants who satisfy the primary criteria. Those other applicants need satisfy only the secondary criteria.]”.]

16.2   Clauses 204.211 and 204.212:

Omit the clauses, substitute:

“204.211 (1) The applicant:

  • (a)

    is a female person who is:

    • (i)

      subject to persecution or registered as being of concern to the United Nations High Commissioner for Refugees; and

    • (ii)

      living in a country other than her home country; or

  • (b)

    is a person who satisfies the requirements of subclause (2).

“(2)

The applicant satisfies the requirements of this subclause if:

  • (a)

    the applicant’s entry to Australia has been proposed in accordance with approved form 681 by an Australian permanent resident (in this subclause called ‘the proposer’) who is, or has been, the holder of a Subclass 204 visa; and

  • (b)

    on the date of grant of that visa, the applicant was a member of the immediate family of the proposer; and

  • (c)

    the applicant continues to be a member of the immediate family of the proposer; and

  • (d)

    before the grant of that visa, that relationship was declared to Immigration.

“204.212 (1) The spouse of the applicant is not prohibited by subclause (2) from proposing the applicant’s entry to Australia.

“(2)

For subclause (1), the spouse is prohibited from proposing the applicant’s entry to Australia if:

  • (a)

    the spouse is a woman who was granted a Subclass 204 visa within the 5 years immediately preceding the application; and

  • (b)

    on the date of grant of that visa:

    • (i)

      the applicant was a former spouse of that woman, having been divorced from that woman; or

    • (ii)

      the applicant was the spouse of that woman and that relationship had not been declared to Immigration; or

    • (iii)

      the applicant was permanently separated from that woman.”. 

16.3   Clauses 204.221 and 204.222:

Omit the clauses, substitute:

“204.221 The applicant continues to satisfy the criterion specified in clause 204.211.

“204.222 (1) If the applicant satisfies:

  • (a)

    the criterion specified in paragraph 204.211 (1) (a)—the applicant also satisfies the requirements of subclauses (2) and (3); or

  • (b)

    the criterion specified in paragraph 204.211 (1) (b)—the applicant also satisfies the requirements of subclause (3).

“(2) The applicant satisfies the requirements of this subclause if the Minister is satisfied that the applicant does not have the protection of a male relative and is in danger of victimisation, harassment or serious abuse because of her sex.

“(3) The applicant satisfies the requirements of this subclause if the Minister is satisfied that permanent settlement in Australia:

  • (a)

    is the appropriate course for the applicant; and

  • (b)

    would not be contrary to the interests of Australia.”.

16.4   Paragraph 204.224 (a):

Omit “her”, substitute “the applicant’s”.

[NOTE: The note following the heading to Division 204.3 should be omitted and the following note substituted:

“[NOTE: These criteria must be satisfied by applicants who are members of the family unit, or members of the immediate family, of certain persons who satisfy the primary criteria.]”.]

16.5   Clause 204.311:

Omit the clause, substitute:

“204.311 The applicant:

  • (a)

    is a member of the family unit of, and made a combined application with, a person who satisfies, or has satisfied, the requirements of paragraph 204.211 (1) (a); or

  • (b)

    is a member of the immediate family of, and made a combined application with, a person who satisfies, or has satisfied, the requirements of paragraph 204.211 (1) (b).”.

16.6   Clause 204.321:

Omit the clause, substitute:

“204.321 The applicant:

  • (a)

    continues to be a member of the family unit of a person who, having satisfied the primary criteria (and, in particular, having satisfied the requirements of paragraph 204.211 (1) (a)), is the holder of a Subclass 204 visa; or

  • (b)

    continues to be a member of the immediate family of a person who, having satisfied the primary criteria (and, in particular, having satisfied the requirements of paragraph 204.211 (1) (b)), is the holder of a Subclass 204 visa.”.

17.   Schedule 2, Part 205 (Camp Clearance)

[NOTE: The note following the heading to Division 205.1 should be omitted and the following note substituted:

“[NOTE: ‘member of the family unit’ and ‘member of the immediate family’ are defined in regulation 1.03.]”.]

17.1   Insert in Division 205.1:

“205.111 For the purposes of this Part:

‘Subclass 205 visa’ means:

  • (a)

    a Subclass 205 (Camp Clearance) visa; or

  • (b)

    a Class 205 (camp clearance) visa within the meaning of the Migration (1993) Regulations; or

  • (c)

    a camp clearance visa (code number 205) within the meaning of the Migration (1989) Regulations; or

  • (d)

    a transitional (permanent) visa granted on the basis of an application for a visa of a kind referred to in paragraph (b) or (c).”.

[NOTE: The note following the heading to Division 205.2 should be omitted and the following note substituted:

“[NOTE: The primary criteria must be satisfied by all applicants except certain applicants who are members of the family unit, or members of the immediate family, of certain applicants who satisfy the primary criteria. Those other applicants need satisfy only the secondary criteria.]”.]

17.2   Clauses 205.211, 205.212 and 205.213:

Omit the clauses, substitute:

“205.211 (1) The applicant satisfies the requirements of subclause (2) or (3).

“(2)

The applicant satisfies the requirements of this subclause if the applicant:

  • (a)

    is a citizen of the Socialist Republic of Vietnam; and

  • (b)

    is living in a camp that is:

    • (i)

      maintained by the United Nations High Commissioner for Refugees or the Government of Hong Kong; and

    • (ii)

      situated in Hong Kong, Thailand, Indonesia, Malaysia or the Philippines; and

  • (c)

    arrived in the country where the camp is situated:

    • (i)

      if that country is Hong Kong—before 16 June 1988; or

    • (ii)

      if that country is Thailand or Malaysia—before 14 March 1989; or

    • (iii)

      if that country is Indonesia—before 17 March 1989; or

    • (iv)

      if that country is the Philippines—before 21 March 1989.

“(3)

The applicant satisfies the requirements of this subclause if:

  • (a)

    the applicant’s entry to Australia has been proposed in accordance with approved form 681 by an Australian permanent resident (in this subclause called ‘the proposer’) who is, or has been, the holder of a Subclass 205 visa; and

  • (b)

    on the date of grant of that visa, the applicant was a member of the immediate family of the proposer; and

  • (c)

    the applicant continues to be a member of the immediate family of the proposer; and

  • (d)

    before the grant of that visa, that relationship was declared to Immigration.”.

17.3   After clause 205.221, insert:

“205.221A

 If the applicant is an applicant who satisfies the requirements of subclause 205.211 (3), the applicant continues to satisfy those requirements.”.

[NOTE: The note following the heading to Division 205.3 should be omitted and the following note substituted:

“[NOTE: These criteria must be satisfied by applicants who are members of the family unit, or members of the immediate family, of certain persons who satisfy the primary criteria.]”.]

17.4   Clause 205.311:

Omit the clause, substitute:

“205.311 The applicant:

  • (a)

    is a member of the family unit of, and made a combined application with, a person who satisfies, or has satisfied, the requirements of subclause 205.211 (2); or

  • (b)

    is a member of the immediate family of, and made a combined application with, a person who satisfies, or has satisfied, the requirements of subclause 205.211 (3).”.

17.5   Clause 205.321:

Omit the clause, substitute:

“205.321 The applicant:

  • (a)

    continues to be a member of the family unit of a person who, having satisfied the primary criteria (and, in particular, having satisfied the requirements of subclause 205.211 (2)), is the holder of a Subclass 205 visa; or

  • (b)

    continues to be a member of the immediate family of a person who, having satisfied the primary criteria (and, in particular, having satisfied the requirements of subclause 205.211 (3)), is the holder of a Subclass 205 visa.”.

18.   Schedule 2, Part 208 (East Timorese in Portugal, Macau or Mozambique)

18.1   After clause 208.111, insert:

“208.112  For the purposes of this Part:

‘Subclass 208 visa’ means:

  • (a)

    a Subclass 208 (East Timorese in Portugal, Macau or Mozambique) visa; or

  • (b)

    a Class 208 (East Timorese in Portugal (special assistance)) visa within the meaning of the Migration (1993) Regulations; or

  • (c)

    an East Timorese in Portugal (special assistance) visa (code number 208) within the meaning of the Migration (1989) Regulations; or

  • (d)

    a transitional (permanent) visa granted on the basis of an application for a visa of a kind referred to in paragraph (b) or (c).”.

[NOTE: The note following clause 208.111 should be omitted and the following note substituted:

“[NOTE: ‘eligible New Zealand citizen’, ‘member of the family unit’ and ‘member of the immediate family’ are defined in regulation 1.03.]”.]

18.2   Clauses 208.211, 208.212, 208.213 and 208.214:

Omit the clauses, substitute:

“208.211 (1) The applicant satisfies the requirements of subclause (2) or (3).

“(2)

The applicant satisfies the requirements of this subclause if:

  • (a)

    the applicant:

    • (i)

      was born in East Timor; and

    • (ii)

      was living in Portugal, Macau or Mozambique on 30 June 1994; and

    • (iii)

      lived continuously in 1 or more of Portugal, Macau and Mozambique from that date to the time of application; and

  • (b)

    the Minister is satisfied that:

    • (i)

      the usual place of residence of the applicant in 1975 was East Timor; and

    • (ii)

      at the time of application, the applicant has better prospects of adapting to Australian society than to the society of whichever of Portugal, Macau or Mozambique the applicant has lived in for the greatest total time since 30 June 1994; and

  • (c)

    the applicant has a spouse, parent, daughter, son, brother, sister, aunt, uncle, nephew or niece who:

    • (i)

      was an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen on 30 June 1993; and

    • (ii)

      continues to be an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen; and

    • (iii)

      is usually resident in Australia.

“(3)

The applicant satisfies the requirements of this subclause if:

  • (a)

    the applicant’s entry to Australia has been proposed in accordance with approved form 681 by an Australian permanent resident (in this subclause called ‘the proposer’) who is, or has been, the holder of a Subclass 208 visa; and

  • (b)

    on the date of grant of that visa, the applicant was a member of the immediate family of the proposer; and

  • (c)

    the applicant continues to be a member of the immediate family of the proposer; and

  • (d)

    before the grant of that visa, that relationship was declared to Immigration.”.

18.3   After clause 208.221, insert:

“208.221A   If the applicant is an applicant who satisfies the requirements of subclause 208.211 (3), the applicant continues to satisfy those requirements.”.

[NOTE: The note following the heading to Division 208.3 should be omitted and the following note substituted:

“[NOTE: These criteria must be satisfied by applicants who are members of the family unit, or members of the immediate family, of certain persons who satisfy the primary criteria.]”.]

18.4   Clauses 208.311 and 208.312:

Omit the clauses, substitute:

“208.311 The applicant:

  • (a)

    is a member of the family unit of, and made a combined application with, a person who satisfies, or has satisfied, the requirements of subclause 208.211 (2); or

  • (b)

    is a member of the immediate family of, and made a combined application with, a person who satisfies, or has satisfied, the requirements of subclause 208.211 (3).

“208.312 The written undertaking made under clause 208.215 in respect of the person referred to in paragraph 208.311 (a) or (b), as the case requires, includes the applicant.”.

18.5   Clause 208.321:

Omit the clause, substitute:

“208.321 The applicant:

  • (a)

    continues to be a member of the family unit of a person who, having satisfied the primary criteria (and, in particular, having satisfied the requirements of subclause 208.211 (2)), is the holder of a Subclass 208 visa; or

  • (b)

    continues to be a member of the immediate family of a person who, having satisfied the primary criteria (and, in particular, having satisfied the requirements of subclause 208.211 (3)), is the holder of a Subclass 208 visa.”.

19.   Schedule 2, Part 209 (Citizens of the Former Yugoslavia (Displaced Persons))

19.1   After clause 209.111, insert:

“209.112  For the purposes of this Part:

‘Subclass 209 visa’ means:

  • (a)

    a Subclass 209 (Citizens of former Yugoslavia (displaced persons)) visa; or

  • (b)

    a Class 209 (citizens of former Socialist Federal Republic of Yugoslavia—displaced persons (special assistance)) visa within the meaning of the Migration (1993) Regulations; or

  • (c)

    a Croatians, Slovenians and Yugoslavs—displaced persons (special assistance) visa (code number 209) within the meaning of the Migration (1989) Regulations; or

  • (d)

    a transitional (permanent) visa granted on the basis of an application for a visa of a kind referred to in paragraph (b) or (c).”.

[NOTE: The note following clause 209.111 should be omitted and the following note substituted:

“[NOTE: ‘eligible New Zealand citizen’, ‘member of the family unit’ and ‘member of the immediate family’ are defined in regulation 1.03.]”.]

19.2   Clauses 209.211 and 209.212:

Omit the clauses, substitute:

“209.211 (1) The applicant satisfies the requirements of subclause (2) or (3).

“(2)

The applicant satisfies the requirements of this subclause if:

  • (a)

    the applicant is:

    • (i)

      a person who:

      • (A)

        was, on 19 June 1991, a citizen of the Socialist Federal Republic of Yugoslavia; and

      • (B)

        is usually resident in a place that, on 19 June 1991, formed part of the Socialist Federal Republic of Yugoslavia; or

    • (ii)

      a person who:

      • (A)

        was born on or after 20 June 1991; and

      • (B)

        is a dependent child of a person mentioned in subparagraph (i); and

  • (b)

    the applicant is registered as a displaced person by the United Nations High Commissioner for Refugees, the International Committee of the Red Cross or an organisation that is accepted by the Minister:

    • (i)

      as an affiliate of that Committee; or

    • (ii)

      as having similar objectives and functions as the Committee or a body referred to in subparagraph (i) in relation to conflict in the former Socialist Federal Republic of Yugoslavia; and

  • (c)

    the Minister is satisfied that:

    • (i)

      the applicant has a well-founded fear of substantial discrimination because of the applicant’s ancestry or ethnic or religious affiliation; and

    • (ii)

      the applicant is unable to resume living in the applicant’s former home.

“(3)

The applicant satisfies the requirements of this subclause if:

  • (a)

    the applicant’s entry to Australia has been proposed in accordance with approved form 681 by an Australian permanent resident (in this subclause called ‘the proposer’) who is, or has been, the holder of a Subclass 209 visa; and

  • (b)

    on the date of grant of that visa, the applicant was a member of the immediate family of the proposer; and

  • (c)

    the applicant continues to be a member of the immediate family of the proposer; and

  • (d)

    before the grant of that visa, that relationship was declared to Immigration.”.

19.3   Clause 209.213:

Omit “The applicant has a parent,”, substitute “The applicant has a spouse, parent,”.

19.4   Clauses 209.214 and 209.215

Omit the clauses.

19.5   Clause 209.221:

Omit the clause, substitute:

“209.221 If the applicant is an applicant who satisfies the requirements of paragraph 209.211 (2) (c), the applicant continues to satisfy those requirements.

“209.221A   If the applicant is an applicant who satisfies the requirements of subclause 209.211 (3), the applicant continues to satisfy those requirements.”.

[NOTE: The note following the heading to Division 209.3 should be omitted and the following note substituted:

“[NOTE: These criteria must be satisfied by applicants who are members of the family unit, or members of the immediate family, of certain persons who satisfy the primary criteria.]”.]

19.6   Clauses 209.311 and 209.312:

Omit the clauses, substitute:

“209.311 The applicant:

  • (a)

    is a member of the family unit of, and made a combined application with, a person who satisfies, or has satisfied, the requirements of subclause 209.211 (2); or

  • (b)

    is a member of the immediate family of, and made a combined application with, a person who satisfies, or has satisfied, the requirements of subclause 209.211 (3).

“209.312 The written undertaking made under clause 209.213, in respect of the person referred to in paragraph 209.311 (a) or (b), as the case requires, includes the applicant.”.

19.7   Clause 209.321:

Omit the clause, substitute:

“209.321 The applicant:

  • (a)

    continues to be a member of the family unit of a person who, having satisfied the primary criteria (and, in particular, having satisfied the requirements of subclause 209.211 (2)), is the holder of a Subclass 209 visa; or

  • (b)

    continues to be a member of the immediate family of a person who, having satisfied the primary criteria (and, in particular, having satisfied the requirements of subclause 209.211 (3)), is the holder of a Subclass 209 visa.”.

20.   Schedule 2, Part 210 (Minorities of Former USSR)

20.1   After clause 210.111, insert:

“210.112  For the purposes of this Part:

‘Subclass 210 visa’ means:

  • (a)

    a Subclass 210 (Minorities of Former USSR) visa; or

  • (b)

    a Class 210 (minorities of former USSR (special assistance)) visa within the meaning of the Migration (1993) Regulations; or

  • (c)

    a minorities of former USSR (special assistance) visa (code number 210) within the meaning of the Migration (1989) Regulations; or

  • (d)

    a transitional (permanent) visa granted on the basis of an application for a visa of a kind referred to in paragraph (b) or (c).”.

[NOTE: The note following clause 210.111 should be omitted and the following note substituted:

“[NOTE: ‘eligible New Zealand citizen’, ‘member of the family unit’ and ‘member of the immediate family’ are defined in regulation 1.03.]”.]

[NOTE: The note following the heading to Division 210.2 should be omitted and the following note substituted:

“[NOTE: The primary criteria must be satisfied by all applicants except certain applicants who are members of the family unit, or members of the immediate family, of certain applicants who satisfy the primary criteria. Those other applicants need satisfy only the secondary criteria.]”.]

20.2   Clauses 210.211, 210.212, 210.213 and 210.214:

Omit the clauses, substitute:

“210.211 (1) The applicant satisfies the requirements of subclause (2) or (3).

“(2)

The applicant satisfies the requirements of this subclause if:

  • (a)

    the applicant:

    • (i)

      was a citizen of the former Union of Soviet Socialist Republics; and

    • (ii)

      is usually resident in the former Union of Soviet Socialist Republics; and

  • (b)

    the applicant has a spouse, parent, daughter, son, brother, sister, aunt, uncle, nephew or niece who:

    • (i)

      was an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen on 1 January 1992; and

    • (ii)

      continues to be an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen; and

    • (iii)

      is usually resident in Australia; and

  • (c)

    the Minister is satisfied that the applicant has suffered substantial discrimination or severe distress because of his or her ancestry or religious affiliation.

“(3)

The applicant satisfies the requirements of this subclause if:

  • (a)

    the applicant’s entry to Australia has been proposed in accordance with approved form 681 by an Australian permanent resident (in this subclause called ‘the proposer’) who is, or has been, the holder of a Subclass 210 visa; and

  • (b)

    on the date of grant of that visa, the applicant was a member of the immediate family of the proposer; and

  • (c)

    the applicant continues to be a member of the immediate family of the proposer; and

  • (d)

    before the grant of that visa, that relationship was declared to Immigration.”.

20.3   Clause 210.221:

Omit the clause, substitute:

“210.221 If the applicant is an applicant who satisfies the requirements of paragraph 210.211 (2) (c) or subclause 210.211 (3), the applicant continues to satisfy those requirements.”.

[NOTE: The note following the heading to Division 210.3 should be omitted and the following note substituted:

“[NOTE: These criteria must be satisfied by applicants who are members of the family unit, or members of the immediate family, of certain persons who satisfy the primary criteria.]”.]

20.4   Clauses 210.311 and 210.312:

Omit the clauses, substitute:

“210.311 The applicant:

  • (a)

    is a member of the family unit of, and made a combined application with, a person who satisfies, or has satisfied, the requirements of subclause 210.211 (2); or

  • (b)

    is a member of the immediate family of, and made a combined application with, a person who satisfies, or has satisfied, the requirements of subclause 210.211 (3).

“210.312 The written undertaking made under clause 210.215, in respect of the person referred to in paragraph 210.311 (a) or (b), as the case requires, includes the applicant.”.

20.5   Clause 210.321:

Omit the clause, substitute:

“210.321 The applicant:

  • (a)

    continues to be a member of the family unit of a person who, having satisfied the primary criteria (and, in particular, having satisfied the requirements of subclause 210.211 (2)), is the holder of a Subclass 210 visa; or

  • (b)

    continues to be a member of the immediate family of a person who, having satisfied the primary criteria (and, in particular, having satisfied the requirements of subclause 210.211 (3)), is the holder of a Subclass 210 visa.”.

21.   Schedule 2, Part 211 (Burmese in Burma)

21.1   After clause 211.111, insert:

“211.112  For the purposes of this Part:

‘Subclass 211 visa’ means:

  • (a)

    a Subclass 211 (Burmese in Burma) visa; or

  • (b)

    a Class 211 (Burmese (special assistance)) visa within the meaning of the Migration (1993) Regulations; or

  • (c)

    a Burmese (special assistance) visa (code number 211) within the meaning of the Migration (1989) Regulations; or

  • (d)

    a transitional (permanent) visa granted on the basis of an application for a visa of a kind referred to in paragraph (b) or (c).”.

[NOTE: The note following clause 211.111 should be omitted and the following note substituted:

“[NOTE: ‘eligible New Zealand citizen’, ‘member of the family unit’ and ‘member of the immediate family’ are defined in regulation 1.03.]”.]

[NOTE: The note following the heading to Division 211.2 should be omitted and the following note substituted:

“[NOTE: The primary criteria must be satisfied by all applicants except certain applicants who are members of the family unit, or members of the immediate family, of certain applicants who satisfy the primary criteria. Those other applicants need satisfy only the secondary criteria.]”.]

21.2   Clause 211.212:

Omit the clause, substitute:

“211.211 (1) The applicant satisfies the requirements of subclause (2) or (3).

“(2)

The applicant satisfies the requirements of this subclause if the applicant is:

  • (a)

    a citizen of Burma; and

  • (b)

    resident in Burma; and

  • (c)

    subject to substantial discrimination in Burma.

“(3)

The applicant satisfies the requirements of this subclause if:

  • (a)

    the applicant’s entry to Australia has been proposed in accordance with approved form 681 by an Australian permanent resident (in this subclause called ‘the proposer’) who is, or has been, the holder of a Subclass 211 visa; and

  • (b)

    on the date of grant of that visa, the applicant was a member of the immediate family of the proposer; and

  • (c)

    the applicant continues to be a member of the immediate family of the proposer; and

  • (d)

    before the grant of that visa, that relationship was declared to Immigration.”.

21.3   After clause 211.221, insert:

“211.221A   If the applicant is an applicant who satisfies the requirements of subclause 211.211 (3), the applicant continues to satisfy those requirements.”.

21.4   Subclause 211.222 (3):

Omit “a parent,”, substitute “a spouse, parent,”.

[NOTE: The note following the heading to Division 211.3 should be omitted and the following note substituted:

“[NOTE: These criteria must be satisfied by applicants who are members of the family unit, or members of the immediate family, of certain persons who satisfy the primary criteria.]”.]

21.5   Clause 211.311:

Omit the clause, substitute:

“211.311 The applicant:

  • (a)

    is a member of the family unit of, and made a combined application with, a person who satisfies, or has satisfied, the requirements of subclause 211.211 (2); or

  • (b)

    is a member of the immediate family of, and made a combined application with, a person who satisfies, or has satisfied, the requirements of subclause 211.211 (3).”.

21.6   Clause 211.312:

Omit the clause, substitute:

“211.312 The written undertaking made under clause 211.213, in respect of the person referred to in paragraph 211.311 (a) or (b), as the case requires, includes the applicant.”.

21.7   Clause 211.321:

Omit the clause, substitute:

“211.321 The applicant:

  • (a)

    continues to be a member of the family unit of a person who, having satisfied the primary criteria (and, in particular, having satisfied the requirements of subclause 211.211 (2)), is the holder of a Subclass 211 visa; or

  • (b)

    continues to be a member of the immediate family of a person who, having satisfied the primary criteria (and, in particular, having satisfied the requirements of subclause 211.211 (3)), is the holder of a Subclass 211 visa.”.

22.   Schedule 2, Part 212 (Sudanese)

22.1   After clause 212.111, insert:

“212.112  For the purposes of this Part:

‘Subclass 212 visa’ means:

  • (a)

    a Subclass 212 (Sudanese) visa; or

  • (b)

    a Class 212 (Sudanese (special assistance)) visa within the meaning of the Migration (1993) Regulations; or

  • (c)

    a Sudanese (special assistance) visa (code number 212) within the meaning of the Migration (1989) Regulations; or

  • (d)

    a transitional (permanent) visa granted on the basis of an application for a visa of a kind referred to in paragraph (b) or (c).”.

[NOTE: The note following clause 212.111 should be omitted and the following note substituted:

“[NOTE: ‘eligible New Zealand citizen’, ‘member of the family unit’ and ‘member of the immediate family’ are defined in regulation 1.03.]”.]

[NOTE: The note following the heading to Division 212.2 should be omitted and the following note substituted:

“[NOTE: The primary criteria must be satisfied by all applicants except certain applicants who are members of the family unit, or members of the immediate family, of certain applicants who satisfy the primary criteria. Those other applicants need satisfy only the secondary criteria.]”.]

22.2   Clauses 212.211 and 212.212:

Omit the clauses, substitute:

“212.211 (1) The applicant satisfies the requirements of subclause (2) or (3).

“(2) The applicant satisfies the requirements of this subclause if:

  • (a)

    the applicant is a citizen of the Republic of Sudan; and

  • (b)

    the Minister is satisfied that the applicant has suffered substantial discrimination or severe distress because of his or her ethnic or religious affiliation.

“(3) The applicant satisfies the requirements of this subclause if:

  • (a)

    the applicant’s entry to Australia has been proposed in accordance with approved form 681 by an Australian permanent resident (in this subclause called ‘the proposer’) who is, or has been, the holder of a Subclass 212 visa; and

  • (b)

    on the date of grant of that visa, the applicant was a member of the immediate family of the proposer; and

  • (c)

    the applicant continues to be a member of the immediate family of the proposer; and

  • (d)

    before the grant of that visa, that relationship was declared to Immigration.”.

22.3   Clauses 212.213:

Omit “The applicant has a parent,”, substitute “The applicant has a spouse, parent,”.

22.4   After clause 212.221, insert:

“212.221A  If the applicant is an applicant who satisfies the requirements of subclause 212.211 (3), the applicant continues to satisfy those requirements.”.

[NOTE: The note following the heading to Division 212.3 should be omitted and the following note substituted:

“[NOTE: These criteria must be satisfied by applicants who are members of the family unit, or members of the immediate family, of certain persons who satisfy the primary criteria.]”.]

22.5   Clauses 212.311 and 212.312:

Omit the clauses, substitute:

“212.311 The applicant:

  • (a)

    is a member of the family unit of, and made a combined application with, a person who satisfies, or has satisfied, the requirements of subclause 212.211 (2); or

  • (b)

    is a member of the immediate family of, and made a combined application with, a person who satisfies, or has satisfied, the requirements of subclause 212.211 (3).

“212.312 The written undertaking referred to in clause 212.213, in respect of the person referred to in paragraph 212.311 (a) or (b), as the case requires, includes the applicant.”.

22.6   Clause 212.321:

Omit the clause, substitute:

“212.321 The applicant:

  • (a)

    continues to be a member of the family unit of a person who, having satisfied the primary criteria (and, in particular, having satisfied the requirements of subclause 212.211 (2)), is the holder of a Subclass 212 visa; or

  • (b)

    continues to be a member of the immediate family of a person who, having satisfied the primary criteria (and, in particular, having satisfied the requirements of subclause 212.211 (3)), is the holder of a Subclass 212 visa.”.

23.   Schedule 2, Part 213 (Burmese in Thailand)

23.1   Insert in Division 213.1:

“213.111 For the purposes of this Part:

‘Subclass 213 visa’ means:

  • (a)

    a Subclass 213 (Burmese in Thailand) visa; or

  • (b)

    a Class 213 (displaced Burmese in Thailand (special assistance)) visa within the meaning of the Migration (1993) Regulations; or

  • (c)

    a transitional (permanent) visa granted on the basis of an application for a visa of a kind referred to in paragraph (b).”.

[NOTE: The note following the heading to Division 213.1 should be omitted and the following note substituted:

“[NOTE: ‘member of the family unit’ and ‘member of the immediate family’ are defined in regulation 1.03.]”.]

[NOTE: The note following the heading to Division 213.2 should be omitted and the following note substituted:

“[NOTE: The primary criteria must be satisfied by all applicants except certain applicants who are members of the family unit, or members of the immediate family, of certain applicants who satisfy the primary criteria. Those other applicants need satisfy only the secondary criteria.]”.]

23.2   Clause 213.212:

Omit the clause, substitute:

“213.211 (1) The applicant satisfies the requirements of subclause (2) or (3).

“(2)

The applicant satisfies the requirements of this subclause if the applicant:

  • (a)

    is a citizen of Burma; and

  • (b)

    is resident in Thailand; and

  • (c)

    is subject to substantial discrimination in Burma.

“(3)

The applicant satisfies the requirements of this subclause if:

  • (a)

    the applicant’s entry to Australia has been proposed in accordance with approved form 681 by an Australian permanent resident (in this subclause called ‘the proposer’) who is, or has been, the holder of a Subclass 213 visa; and

  • (b)

    on the date of grant of that visa, the applicant was a member of the immediate family of the proposer; and

  • (c)

    the applicant continues to be a member of the immediate family of the proposer; and

  • (d)

    before the grant of that visa, that relationship was declared to Immigration.”.

23.3   After clause 213.221, insert:

“213.221A  If the applicant is an applicant who satisfies the requirements of subclause 213.211 (3), the applicant continues to satisfy those requirements.”.

[NOTE: The note following the heading to Division 213.3 should be omitted and the following note substituted:

“[NOTE: These criteria must be satisfied by applicants who are members of the family unit, or members of the immediate family, of certain persons who satisfy the primary criteria.]”.]

23.4   Clauses 213.311 and 213.312:

Omit the clauses, substitute:

“213.311 The applicant:

  • (a)

    is a member of the family unit of, and made a combined application with, a person who satisfies, or has satisfied, the requirements of subclause 213.211 (2); or

  • (b)

    is a member of the immediate family of, and made a combined application with, a person who satisfies, or has satisfied, the requirements of subclause 213.211 (3).

“213.312 The written undertaking made under clause 213.213, in respect of the person referred to in paragraph 213.311 (a) or (b), as the case requires, includes the applicant.”.

23.5   Clause 213.321:

Omit the clause, substitute:

“213.321 The applicant:

  • (a)

    continues to be a member of the family unit of a person who, having satisfied the primary criteria (and, in particular, having satisfied the requirements of subclause 213.211 (2)), is the holder of a Subclass 213 visa; or

  • (b)

    continues to be a member of the immediate family of a person who, having satisfied the primary criteria (and, in particular, having satisfied the requirements of subclause 213.211 (3)), is the holder of a Subclass 213 visa.”.

24.   Schedule 2, Part 214 (Cambodian)

24.1   Clause 214.112:

Omit “a parent,”, substitute “a spouse, parent,”.

[NOTE: The note following clause 214.112 should be omitted.]

24.2   After clause 214.112, insert:

“214.113  For the purposes of this Part:

‘Subclass 214 visa’ means:

  • (a)

    a Subclass 214 (Cambodian) visa; or

  • (b)

    a Class 214 (Cambodians (special assistance)) visa within the meaning of the Migration (1993) Regulations; or

  • (c)

    a transitional (permanent) visa granted on the basis of an application for a visa of a kind referred to in paragraph (b).”.

[NOTE: The following note should be inserted after clause 214.113:

“[NOTE: ‘eligible New Zealand citizen’, ‘member of the family unit’ and ‘member of the immediate family’ are defined in regulation 1.03.]”.]

[NOTE: The note following the heading to Division 214.2 should be omitted and the following note substituted:

“[NOTE: The primary criteria must be satisfied by all applicants except certain applicants who are members of the family unit, or members of the immediate family, of certain applicants who satisfy the primary criteria. Those other applicants need satisfy only the secondary criteria.]”.]

24.3   Clause 214.211:

Omit the clause, substitute:

“214.211 (1) The applicant satisfies the requirements of subclause (2) or (4).

“(2)

The applicant satisfies the requirements of this subclause if:

  • (a)

    the applicant:

    • (i)

      is usually a resident of Cambodia; and

    • (ii)

      is experiencing hardship in Cambodia as a result of upheavals in that country over recent years; and

  • (b)

    either:

    • (i)

      the applicant has a near relative in Australia; or

    • (ii)

      the applicant satisfies the requirements of subclause (3).

“(3)

The applicant satisfies the requirements of this subclause if the applicant:

  • (a)

    arrived in Australia by boat, without a visa or other authority, between 28 November 1989 and 26 April 1991; and

  • (b)

    before that arrival was usually a resident of Cambodia; and

  • (c)

    was in detention under the Act for most of his or her stay in Australia; and

  • (d)

    subsequently returned to Cambodia.

“(4) The applicant satisfies the requirements of this subclause if:

  • (a)

    the applicant’s entry to Australia has been proposed in accordance with approved form 681 by an Australian permanent resident (in this subclause called ‘the proposer’) who is, or has been, the holder of a Subclass 214 visa; and

  • (b)

    on the date of grant of that visa, the applicant was a member of the immediate family of the proposer; and

  • (c)

    the applicant continues to be a member of the immediate family of the proposer; and

  • (d)

    before the grant of that visa, that relationship was declared to Immigration.”.

24.4   After clause 214.221, insert:

“214.221A   If the applicant is an applicant who satisfies the requirements of subclause 214.211 (4), the applicant continues to satisfy those requirements.”.

[NOTE: The note following the heading to Division 214.3 should be omitted and the following note substituted:

“[NOTE: These criteria must be satisfied by applicants who are members of the family unit, or members of the immediate family, of certain persons who satisfy the primary criteria.]”.]

24.5   Clauses 214.311 and 214.312:

Omit the clauses, substitute:

“214.311 The applicant:

  • (a)

    is a member of the family unit of, and made a combined application with, a person who satisfies, or has satisfied, the requirements of subclause 214.211 (2); or

  • (b)

    is a member of the immediate family of, and made a combined application with, a person who satisfies, or has satisfied, the requirements of subclause 214.211 (4).

“214.312 The written undertaking made under clause 214.212, in respect of the person referred to in paragraph 214.311 (a) or (b), as the case requires, includes the applicant.”.

24.6   Clause 214.321:

Omit the clause, substitute:

“214.321 The applicant:

  • (a)

    continues to be a member of the family unit of a person who, having satisfied the primary criteria (and, in particular, having satisfied the requirements of subclause 214.211 (2)), is the holder of a Subclass 214 visa; or

  • (b)

    continues to be a member of the immediate family of a person who, having satisfied the primary criteria (and, in particular, having satisfied the requirements of subclause 214.211 (4)), is the holder of a Subclass 214 visa.”.

25.   Schedule 2, Part 215 (Sri Lankan (Special Assistance))

[NOTE: The following note should be inserted after clause 215.111:

“[NOTE: ‘eligible New Zealand citizen’, ‘member of the family unit’ and ‘member of the immediate family’ are defined in regulation 1.03.]”.]

[NOTE: The note following the heading to Division 215.2 should be omitted and the following note substituted:

“[NOTE: The primary criteria must be satisfied by all applicants except certain applicants who are members of the family unit, or members of the immediate family, of certain applicants who satisfy the primary criteria. Those other applicants need satisfy only the secondary criteria.]”.]

25.1   Clauses 215.211, 215.212, 215.213 and 215.214:

Omit the clauses, substitute:

“215.211 (1) The applicant satisfies the requirements of subclause (2) or (3).

“(2) The applicant satisfies the requirements of this subclause if:

  • (a)

    the applicant:

    • (i)

      is a citizen of Sri Lanka; and

    • (ii)

      is usually resident in Sri Lanka; and

    • (iii)

      is in Sri Lanka at the time of application; and

  • (b)

    the applicant’s life has been seriously disrupted by fighting in Sri Lanka within the period of 18 months ending on the date of application; and

  • (c)

    the applicant has suffered, and continues to suffer, substantial discrimination because of his or her ethnic origins or political beliefs; and

  • (d)

    the Minister is satisfied that, at the time of application, the applicant is unable to live a normal life in Sri Lanka.

“(3) The applicant satisfies the requirements of this subclause if:

  • (a)

    the applicant’s entry to Australia has been proposed in accordance with approved form 681 by an Australian permanent resident (in this subclause called ‘the proposer’) who is, or has been, the holder of a Subclass 215 visa; and

  • (b)

    on the date of grant of that visa, the applicant was a member of the immediate family of the proposer; and

  • (c)

    the applicant continues to be a member of the immediate family of the proposer; and

  • (d)

    before the grant of that visa, that relationship was declared to Immigration.”.

25.2   Clause 215.215:

Omit “(being a parent,”, substitute “(being a spouse, parent,”.

25.3   After clause 215.221, insert:

“215.221A   If the applicant is an applicant who satisfies the requirements of subclause 215.211 (3), the applicant continues to satisfy those requirements.”.

[NOTE: The note following the heading to Division 215.3 should be omitted and the following note substituted:

“[NOTE: These criteria must be satisfied by applicants who are members of the family unit, or members of the immediate family, of certain persons who satisfy the primary criteria.]”.]

25.4   Clauses 215.311 and 215.312:

Omit the clauses, substitute:

“215.311 The applicant:

  • (a)

    is a member of the family unit of, and made a combined application with, a person who satisfies, or has satisfied, the requirements of subclause 215.211 (2); or

  • (b)

    is a member of the immediate family of, and made a combined application with, a person who satisfies, or has satisfied, the requirements of subclause 215.211 (3).

“215.312 The written undertaking made under clause 215.215, in respect of the person referred to in paragraph 215.311 (a) or (b), as the case requires, includes the applicant.”.

25.5   Clause 215.321:

Omit the clause, substitute:

“215.321 The applicant:

  • (a)

    continues to be a member of the family unit of a person who, having satisfied the primary criteria (and, in particular, having satisfied the requirements of subclause 215.211 (2)), is the holder of a Subclass 215 visa; or

  • (b)

    continues to be a member of the immediate family of a person who, having satisfied the primary criteria (and, in particular, having satisfied the requirements of subclause 215.211 (3)), is the holder of a Subclass 215 visa.”.

26.   Schedule 2, Part 216 (Ahmadi)

[NOTE: The note following the heading to Division 216.1 should be omitted and the following note substituted:

“[NOTE: ‘member of the family unit’ and ‘member of the immediate family’ are defined in regulation 1.03.]”.]

[NOTE: The note following the heading to Division 216.2 should be omitted and the following note substituted:

“[NOTE: The primary criteria must be satisfied by all applicants except certain applicants who are members of the family unit, or members of the immediate family, of certain applicants who satisfy the primary criteria. Those other applicants need satisfy only the secondary criteria.]”.]

26.1   Clauses 216.211 and 216.212:

Omit the clauses, substitute:

“216.211 (1) The applicant satisfies the requirements of subclause (2) or (3).

“(2) The applicant satisfies the requirements of this subclause if:

  • (a)

    the applicant:

    • (i)

      is an Ahmadi; and

    • (ii)

      is a citizen of Pakistan; and

    • (iii)

      is usually resident in Pakistan; and

  • (b)

    the Minister is satisfied that the applicant has suffered and continues to suffer substantial discrimination because of his or her religious affiliation.

“(3) The applicant satisfies the requirements of this subclause if:

  • (a)

    the applicant’s entry to Australia has been proposed in accordance with approved form 681 by an Australian permanent resident (in this subclause called ‘the proposer’) who is, or has been, the holder of a Subclass 216 visa; and

  • (b)

    on the date of grant of that visa, the applicant was a member of the immediate family of the proposer; and

  • (c)

    the applicant continues to be a member of the immediate family of the proposer; and

  • (d)

    before the grant of that visa, that relationship was declared to Immigration.”.

26.2   After clause 216.221, insert:

“216.221A   If the applicant is an applicant who satisfies the requirements of subclause 216.211 (3), the applicant continues to satisfy those requirements.”.

[NOTE: The note following the heading to Division 216.3 should be omitted and the following note substituted:

“[NOTE: These criteria must be satisfied by applicants who are members of the family unit, or members of the immediate family, of certain persons who satisfy the primary criteria.]”.]

26.3   Clauses 216.311 and 216.312:

Omit the clauses, substitute:

“216.311 The applicant:

  • (a)

    is a member of the family unit of, and made a combined application with, a person who satisfies, or has satisfied, the requirements of subclause 216.211 (2); or

  • (b)

    is a member of the immediate family of, and made a combined application with, a person who satisfies, or has satisfied, the requirements of subclause 216.211 (3).

“216.312 The written undertaking made under clause 216.213, in respect of the person referred to in paragraph 216.311 (a) or (b), as the case requires, includes the applicant.”.

26.4   Clause 216.321:

Omit the clause, substitute:

“216.321 The applicant:

  • (a)

    continues to be a member of the family unit of a person who, having satisfied the primary criteria (and, in particular, having satisfied the requirements of subclause 216.211 (2)), is the holder of a Subclass 216 visa; or

  • (b)

    continues to be a member of the immediate family of a person who, having satisfied the primary criteria (and, in particular, having satisfied the requirements of subclause 216.211 (3)), is the holder of a Subclass 216 visa.”.

27.   Schedule 2, Part 217 (Vietnamese)

[NOTE: The following note should be inserted after clause 217.111:

“[NOTE: ‘eligible New Zealand citizen’, ‘member of the family unit’ and ‘member of the immediate family’ are defined in regulation 1.03.]”.]

[NOTE: The note following the heading to Division 217.2 should be omitted and the following note substituted:

“[NOTE: The primary criteria must be satisfied by all applicants except certain applicants who are members of the family unit, or members of the immediate family, of certain applicants who satisfy the primary criteria. Those other applicants need satisfy only the secondary criteria.]”.]

27.1   Clause 217.211:

Omit the clause, substitute:

“217.211 (1) The applicant satisfies the requirements of subclause (2) or (5).

“(2)

The applicant satisfies the requirements of this subclause if the applicant:

  • (a)

    is a citizen of Vietnam; and

  • (b)

    satisfies the requirements of subclause (3) or (4).

“(3)

The applicant satisfies the requirements of this subclause if the applicant:

  • (a)

    has been continually resident in Germany since 1 January 1990; and

  • (b)

    has no legal entitlement to remain permanently in Germany; and

  • (c)

    faces repatriation to Vietnam.

“(4)

The applicant satisfies the requirements of this subclause if the applicant:

  • (a)

    at any time on or after 14 June 1989, has resided in a camp administered under the Comprehensive Plan of Action adopted by the International Conference on Indo‑Chinese Refugees held at Geneva on 13 and 14 June 1989; and

  • (b)

    has returned to Vietnam before 1 January 1996; and

  • (c)

    is resident in Vietnam at the time of application.

“(5)

The applicant satisfies the requirements of this subclause if:

  • (a)

    the applicant’s entry to Australia has been proposed in accordance with approved form 681 by an Australian permanent resident (in this subclause called ‘the proposer’) who is, or has been, the holder of a Subclass 217 visa; and

  • (b)

    on the date of grant of that visa, the applicant was a member of the immediate family of the proposer; and

  • (c)

    the applicant continues to be a member of the immediate family of the proposer; and

  • (d)

    before the grant of that visa, that relationship was declared to Immigration.”.

27.2   Clause 217.212:

Omit “(being a parent,”, substitute “(being a spouse, parent,”.

27.3   After clause 217.221, insert:

“217.221A   If the applicant is an applicant who satisfies the requirements of subclause 217.211 (5), the applicant continues to satisfy those requirements.”.

[NOTE: The note following the heading to Division 217.3 should be omitted and the following note substituted:

“[NOTE: These criteria must be satisfied by applicants who are members of the family unit, or members of the immediate family, of certain persons who satisfy the primary criteria.]”.]

27.4   Clauses 217.311 and 217.312:

Omit the clauses, substitute:

“217.311 The applicant:

  • (a)

    is a member of the family unit of, and made a combined application with, a person who satisfies, or has satisfied, the requirements of subclause 217.211 (2); or

  • (b)

    is a member of the immediate family of, and made a combined application with, a person who satisfies, or has satisfied, the requirements of subclause 217.211 (5).

“217.312 The written undertaking made under clause 217.212, in respect of the person referred to in paragraph 217.311 (a) or (b), as the case requires, includes the applicant.”.

27.5   Clause 217.321:

Omit the clause, substitute:

“217.321 The applicant:

  • (a)

    continues to be a member of the family unit of a person who, having satisfied the primary criteria (and, in particular, having satisfied the requirements of subclause 217.211 (2)), is the holder of a Subclass 217 visa; or

  • (b)

    continues to be a member of the immediate family of a person who, having satisfied the primary criteria (and, in particular, having satisfied the requirements of subclause 217.211 (5)), is the holder of a Subclass 217 visa.”.

28.   Schedule 2, Part 456 (Business (Short Stay))

28.1   Clauses 456.511 and 456.512:

Omit the clauses, substitute:

“456.511 Subject to clause 456.514, if at the time of the grant, the applicant is outside Australia and:

  • (a)

    the visa is granted outside Australia; or

  • (b)

    the visa is granted in Australia to an applicant on behalf of whom the application for the visa was made by an approved nominator;

a temporary visa permitting the holder:

  • (c)

    to travel to and enter Australia on:

    • (i)

      1 occasion within 3 months from the date of grant of the visa; or

    • (ii)

      multiple occasions for 5 years or the life of the applicant’s passport (to a limit of 10 years), whichever period is greater, from the date of grant of the visa;

 as specified by the Minister; and

  • (d)

    to remain in Australia for:

    • (i)

      if subparagraph (c) (i) applies—a period (not exceeding 3 months from the date of entry) specified by the Minister; or

    • (ii)

      if subparagraph (c) (ii) applies—on each occasion, 3 months from the date of entry.”.

29.   Schedule 2, Part 773 (Border)

29.1   Paragraph 773.213 (2) (f):

Omit the paragraph, substitute:

  • “(f)

    Skilled—Australian Linked (Migrant);”.

30.   Schedule 2, Part 866 (Protection (Residence))

[NOTE: The heading to Part 866 should be omitted and the following heading substituted:

“SUBCLASS 866—PROTECTION”.]

30.1   Paragraph 866.222 (b):

Omit “(Residence)”.

31.   Schedule 8A (Amount of partial refund)

[NOTE: The heading to clause 8901 should be omitted and the following heading substituted:

“Refund in relation to second instalment of visa application charge paid between 1 May 1997 and 30 June 1997 (inclusive)”.]

31.1   Subclause 8901.1:

Omit “paid”, substitute “paid, between 1 May 1997 and 30 June 1997 (inclusive),”.

31.2   Subclause 8901.2:

Omit “paid”, substitute “paid, between 1 May 1997 and 30 June 1997 (inclusive),”.

31.3   Add at the end:

Refund in relation to second instalment of visa application charge paid on or after 1 July 1997

“8902.1   In the case of an applicant who paid, on or after 1 July 1997, a second instalment of visa application charge assessed under any of the following subparagraphs of Schedule 1:

  • (a)

    subparagraph 1104 (2) (b) (i);

  • (b)

    subparagraph 1114 (2) (b) (i);

  • (c)

    subparagraph 1121 (2) (b) (i):

$4,470

8902.2 In the case of an applicant who paid, on or after 1 July 1997,

 a second instalment of visa application charge assessed under any of the following subparagraphs of Schedule 1:

  • (a)

    subparagraph 1104 (2) (b) (ii);

  • (b)

    subparagraph 1110 (2) (b) (i);

  • (c)

    subparagraph 1112 (2) (b) (i);

  • (d)

    subparagraph 1114 (2) (b) (ii);

  • (e)

    subparagraph 1116 (2) (b) (i);

  • (f)

    subparagraph 1117 (2) (b) (i);

  • (g)

    subparagraph 1118 (2) (b) (i);

  • (h)

    subparagraph 1120 (2) (b) (i);

  • (i)

    subparagraph 1121 (2) (b) (ii):

$2,235”.

_____________________________________________________

NOTES

1. Notified in the Commonwealth of Australia Gazette on 23 June 1997.

2. Statutory Rules 1994 No. 268 as amended by 1994 Nos. 280, 322, 376 and 452; 1995 Nos. 3, 38, 117, 134, 268, 302 and 411; 1996 Nos. 12, 75, 76, 108, 121, 135, 198, 211 and 276; 1997 Nos. 17, 64, 91, 92 and 109.

Actions
Download as PDF Download as Word Document
Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0