Migration Regulations (Amendment) (Cth)

Statutory Rules 1996

No. 211 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 25 September 1996.

WILLIAM DEANE

Governor-General

By His Excellency’s Command,

PHILIP RUDDOCK

Minister for Immigration and Multicultural Affairs

____________

PART 1—PRELIMINARY

1. Commencement

1.1 Parts 1 and 2, and Division 4.1 of Part 4, commence on 1 October 1996.

1.2 Part 3 and Division 4.2

of Part 4 commence on 1 November 1996.

2. Amendment

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

PART 2—AMENDMENTS COMMENCING ON 1 OCTOBER 1996

3. Regulation 1.03 (Interpretation)

3.1 Insert the following definitions:

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

‘permanent humanitarian visa’ means:

(a)
a Subclass 200, 201, 202, 203, 204, 205, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217 or 866 visa; or
(b)
a Group 1.3 or Group 1.5 (Permanent resident (refugee and humanitarian)) visa or entry permit within the meaning of the Migration (1993) Regulations; or
(c)
a humanitarian visa, or equivalent entry permit, within the meaning of the Migration (1989) Regulations; or
(d)
a transitional (permanent) visa, within the meaning of the Migration Reform (Transitional Provisions) Regulations, being:
(i)
such a visa granted on the basis of an application for a visa, or entry permit, of a kind specified in paragraph (b) or (c); or
(ii)
a visa or entry permit of a kind specified in paragraph (b) or (c) having effect under those Regulations as a transitional (permanent) visa.”.

4. Regulation 1.05 (Balance of family test)

4.1 Subregulation 1.05 (2):

Omit the subregulation, substitute:

“(2) A parent satisfies the balance of family test if the number of children of the parent who are lawfully and permanently resident in Australia, or are holders of special category visas and are usually resident in Australia, is greater than the total number of children of the parent who are resident overseas.”.

5. New regulation 1.12AA

5.1 After regulation 1.12, insert:

Member of the immediate family

“1.12AA. 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 has not turned 18.”.

6. Regulation 1.13 (Nominator)

6.1 Paragraph 1.13 (b):

Omit the paragraph, substitute:

“(b)
a person who proposes another person for entry to Australia as an applicant for a permanent humanitarian visa;”.

7. Regulation 1.20 (Sponsorship)

7.1 Paragraph 1.20 (1) (a):

Omit the paragraph, substitute:

“(a)
a person who proposes another person for entry to Australia as an applicant for a permanent humanitarian visa;”.

8. Regulation 2.07 (Application for visa—general)

8.1 Subparagraph 2.07 (2) (a) (ii):

Omit the subparagraph, substitute:

“(ii)
regulation 2.08, 2.08A or 2.08B; and”

9. New regulations 2.08A and 2.08B

9.1 After regulation 2.08, insert:

Addition of spouses and dependent children to certain applications for permanent visas

“2.08A(1) If:

(a)
a person (in this regulation called ‘the original applicant’) applies for a permanent visa of a class for which Schedule 1 permits combined applications; and
(b)
after the application is made, but before it is decided, the Minister receives, in writing in accordance with Division 2.3, a request from the original applicant to have the spouse, or a dependent child, of the original applicant (in this regulation called ‘the additional applicant’) added to the original applicant’s application; and
(c)
the request includes a statement that the original applicant claims that the additional applicant is the spouse or dependent child, as the case requires, of the original applicant; and
(d)
at the time when the Minister receives the request, the additional applicant satisfies the provisions of Schedule 1 that relate to the whereabouts of an applicant at the time of application and apply to a visa of the same class;

then:

(e)
the additional applicant is taken to have applied for a visa of the same class; and
(f)
the application of the additional applicant:
(i)
is taken to have been made at the time when the Minister receives the request; and
(ii)
is taken to be combined with the application of the original applicant; and
(iii)
is taken to have been made at the same place as, and on the same form as, the application of the original applicant.

“(2) Despite any provision in Schedule 2, the additional applicant:

(a)
must be, at the time when the application is taken to be made under subparagraph (1) (f) (i), a person who satisfies the applicable secondary criteria to be satisfied at the time of application; and
(b)
must satisfy the applicable secondary criteria to be satisfied at the time of decision.

Addition of dependent children to certain applications for temporary visas

“2.08B(1) If:

(a)
a person (in this regulation called ‘the original applicant’) applies for an Extended Eligibility (Temporary) (Class TK) visa or a Prospective Marriage (Temporary) (Class TO) visa; and
(b)
either:
(i)
after the application is made but before it is decided; or
(ii)
after a decision to grant the visa is made;
the Minister receives, in writing in accordance with Division 2.3, a request from the original applicant to have a dependent child of the original applicant (in this regulation called ‘the dependent child’) added to the original applicant’s application; and
(c)
the request includes a statement that the original applicant claims that the dependent child is the dependent child of the original applicant; and
(d)
at the time when the Minister receives the request, the dependent child satisfies the provisions of Schedule 1 that relate to the whereabouts of an applicant at the time of application and apply to a visa of the same class;

then:

(e)
the dependent child is taken to have applied for a visa of the same class; and
(f)
the application of the dependent child:
(i)
is taken to have been made at the time when the Minister receives the request; and
(ii)
is taken to be combined with the application of the original applicant; and
(iii)
is taken to have been made at the same place as, and on the same form as, the application of the original applicant.

“(2) Despite any provision in Schedule 2, the dependent child:

(a)
must be, at the time when the application is taken to be made under subparagraph (1) (f) (i), a person who satisfies the applicable secondary criteria to be satisfied at the time of application; and
(b)
must satisfy the applicable secondary criteria to be satisfied at the time of decision.”.

10. Regulation 2.33 (Effect of assurance of support)

10.1 Paragraphs 2.33 (a), (b) and (c):

Omit the paragraphs, substitute:

“(a)
a widow allowance payable under Part 2.8A of the Social Security Act 1991; or
(b)
a job search allowance payable under Part 2.11 of that Act; or
(c)
a newstart allowance payable under Part 2.12 of that Act; or
(d)
a mature age allowance payable under Part 2.12B of that Act; or
(e)
a special benefit payable under Part 2.15 of that Act; or
(f)
a partner allowance payable under Part 2.15A of that Act; or
(g)
a parenting allowance payable under Part 2.18 of that Act; or
(h)
a youth training allowance payable under Part 8 of the Student and Youth Assistance Act 1973;”.

[NOTE: Regulation 2.33 was omitted, and a new regulation was substituted, by regulation 7 of Statutory Rules 1996 No. 75, which was disallowed by the Senate on 11 September 1996. By operation of subsection 48 (7) of the Acts Interpretation Act 1901, the previous regulation 2.33 revived on that date. Accordingly, this amendment relates to regulation 2.33 as so revived.]

11. Regulation 2.38 (Liability of person giving assurance of support)

11.1 Paragraphs 2.38 (1) (a) to (g):

Omit the paragraphs, substitute:

“(a)
a widow allowance payable under Part 2.8A of the Social Security Act 1991; or
(b)
a job search allowance payable under Part 2.11 of that Act; or
(c)
a newstart allowance payable under Part 2.12 of that Act; or
(d)
a mature age allowance payable under Part 2.12B of that Act; or
(e)
a special benefit payable under Part 2.15 of that Act; or
(f)
a partner allowance payable under Part 2.15A of that Act; or
(g)
a parenting allowance payable under Part 2.18 of that Act; or
(h)
a youth training allowance payable under Part 8 of the Student and Youth Assistance Act 1973;”.

[NOTE: Subregulation 2.38 (1) was omitted, and a new subregulation was substituted, by regulation 8 of Statutory Rules 1996 No. 75, which was disallowed by the Senate on 11 September 1996. By operation of subsection 48 (7) of the Acts Interpretation Act 1901, the previous subregulation 2.38 (1) revived on that date. Accordingly, this amendment relates to subregulation 2.38 (1) as so revived.]

12. Regulation 5.38 (Sponsorship fee)

12.1 Paragraph 5.38 (2) (b):

Omit the paragraph, substitute:

“(b)
if more than 10 applications are lodged together by the sponsoring person or organisation—$2,050.”.

13. Schedule 1 (Classes of visas)

13.1 Subitem 1104 (2):

Omit the subitem, substitute:

“(2)

Fee:

$2,465.”.

13.2 Subitem 1104A (2):

Omit the subitem, substitute:

“(2)

Fee:

$2,465.”.

13.3 Item 1116:

Omit the item.

13.4 Paragraph 1205 (2) (d):

Omit the paragraph, substitute:

“(d) If the application is made outside Australia and the applicant is a member of a sporting or entertainment body comprising not fewer than 10 applicants—a fee equal to $1,450 divided by the number of applicants included in that body.”.

13.5 Paragraph 1301 (3) (c):

Omit the paragraph, substitute:

“(c) Either:

(i)
the applicant has made a valid application, in Australia, for a substantive visa that can be granted if the applicant is in Australia and that application has not been finally determined; or

(ii)
the applicant has applied, within statutory time limits, for judicial review of a decision to refuse a substantive visa that was applied for in Australia andcan be granted if the applicant is in Australia and the judicial proceedings (including proceedings on appeal, if any) have not been completed.”.

13.6 Subitem 1302 (3):

After paragraph (b), insert:

“(baa) Either:

(i)
the applicant has made a valid application, in Australia, for a substantive visa that can be granted if the applicant is in Australia and that application has not been finally determined; or

(ii)
the applicant has applied, within statutory time limits, for judicial review of a decision to refuse a substantive visa that was applied for in Australia andcan be granted if the applicant is in Australia and the judicial proceedings (including proceedings on appeal, if any) have not been completed.”.

13.7 Paragraph 1303 (3) (c):

Omit the paragraph, substitute:

“(c) Either:

(i)
the applicant has made a valid application, in Australia, for a substantive visa that can be granted if the applicant is in Australia and that application has not been finally determined; or

(ii)
the applicant has:

(A)
applied, within statutory time limits, for judicial review of a decision to refuse a substantive visa that was applied for in Australia and can be granted if the applicant is in Australia and the judicial proceedings (including proceedings on appeal, if any) have not been completed; and

(B)
held a bridging visa Class C granted on the basis of the refused application.”.

13.8 Subitem 1304 (3):

After paragraph (b), insert:

“(baa) If the applicant has attempted to make an application for a substantive visa, the attempt must have been made, in Australia, for a visa that can be granted if the applicant is in Australia.”.

13.9 Subitem 1305 (3):

After paragraph (ba), insert:

“(bb) If the applicant has made or intends to make an application for a substantive visa, then either:
(i) the applicant has made a valid application, in Australia, for a substantive visa that can be granted if the applicant is in Australia and that application has not been finally determined; or
(ii) the officer receiving the application is satisfied that the applicant intends, as soon as is practicable, to make an application in Australia for a substantive visa that can be granted if the applicant is in Australia; or
(iii) the applicant has applied, within statutory time limits, for judicial review of a decision to refuse a substantive visa that was applied for in Australia and can be granted if the applicant is in Australia and the judicial proceedings (including proceedings on appeal, if any) have not been completed.”.

13.10 Amendments as set out in the following table:

Provision	Omit	Substitute
Paragraph 1101 (2) (b)	$560.	$600.
Paragraph 1107 (2) (b)	$415.	$600.
Paragraph 1108 (2) (b)	$560.	$600.
Subitem 1110 (2)	$560.	$600.
Subitem 1112 (2)	$560.	$600.
Subitem 1114 (2)	$560.	$600.
Paragraph 1115 (2) (c)	$415.	$600.
Subitem 1117 (2)	$560.	$600.
Subitem 1118 (2)	$560.	$600.
Paragraph 1119 (2) (c)	$415.	$600.
Paragraph 1119 (2) (d)	$415.	$600.
Paragraph 1119 (2) (e)	$875.	$1,500.
Subitem 1120 (2)	$560.	$600.
Subitem 1120A (2)	$560.	$600.
Subitem 1121 (2)	$560.	$600.
Subitem 1124 (2)	$560.	$600.
Paragraph 1125 (2) (b)	$560.	$600.
Subitem 1129 (2)	$560.	$600.
Subitem 1215 (2)	$560.	$600.
Paragraph 1222 (2) (b)	$145.	$250.

14. Schedule 2, Part 100 (Spouse)

14.1 Clause 100.11:

Omit the clause, substitute:

“100.111 In this Part:

‘intended spouse’ means the Australian citizen referred to in subclause 100.211 (3).

[NOTE: ‘guardian’, ‘parent’, ‘permanent humanitarian visa’ and ‘spouse’ are defined in regulation 1.03.]

14.2 Subclause 100.211 (2):

Omit the subclause, substitute:

“(2)

The applicant meets the requirements of this subclause if:

(a)
the applicant is the spouse of an Australian citizen; or
(b)
the application is made before 1 October 1997 and the applicant is the spouse of an Australian permanent resident who meets the requirements of subclause (2A).

[NOTE: ‘spouse’ includes a de facto spouse: see definition of ‘spouse’ in regulation 1.03.]

“(2A)

An Australian permanent resident meets the requirements of this subclause if he or she:

(a)
holds a permanent visa granted on the basis of an application made before 3 July 1996; and
(b)
before that permanent visa was granted, was in a spouse relationship with the applicant of which Immigration was informed before that permanent visa was granted; and
(c)
is not, and has not been, the holder of a permanent humanitarian visa.”.

14.3 Paragraph 100.211 (3) (a):

Omit the paragraph, substitute:

“(a)
the applicant intends to marry an Australian citizen; and”.

14.4 Subparagraph 100.212 (1) (b) (ii):

Omit the subparagraph, substitute:

“(ii)
is an Australian citizen.”.

14.5 Subparagraph 100.212 (2) (b) (ii):

Omit the subparagraph, substitute:

“(ii)
is an Australian citizen.”.

14.6 Subclause 100.224 (1):

Omit “Australian citizen, Australian permanent resident or eligible New Zealand citizen”, substitute “Australian citizen or Australian permanent resident”.

14.7 Clause 100.227:

Omit “If so requested by the Minister, an assurance”, substitute “An assurance”.

14.8 Clause 100.325:

Omit the clause, substitute:

“100.325. Either:

(a)
an assurance of support that includes the applicant:
(i)
has been given in relation to the person who satisfies the primary criteria; and
(ii)
has been accepted by the Minister; or
(b)
an assurance of support in relation to the applicant has been given and has been accepted by the Minister.”.

[NOTE: The following note should be inserted after clause 100.411:

“[NOTE: Any applicable charge under the Migration (Health Services) Charge Act 1991 must be paid before the visa can be granted]”.

15. Schedule 2, Part 101 (Child)

[NOTE: The note relating to division 101.1 should be altered by the insertion of “, ‘permanent humanitarian visa’ ” after “ ‘dependent child’ ”.]

15.1 Clause 101.212:

Omit the clause, substitute:

“101.212 (1) The applicant meets the requirements of subclause (2), (3), (4) or (5).

“(2)

The applicant meets the requirements of this subclause if the applicant is sponsored by a person who:

(a)
is an Australian citizen who has turned 18; and
(b)
is either:
(i)
the person referred to in subclause 101.211 (1) as an Australian citizen, Australian permanent resident or eligible New Zealand citizen; or
(ii)
the cohabiting spouse of that person.

“(3)

The applicant meets the requirements of this subclause if:

(a)
the applicant:
(i)
was born outside Australia; and
(ii)
has not turned 18; and
(iii)
is a dependent child of the person referred to in subclause 101.211 (1) as an Australian permanent resident or eligible New Zealand citizen (in this subclause called ‘the parent’); and
(b)
either:
(i)
the parent:
(A)
is an Australian permanent resident (other than an Australian permanent resident who is, or has been, the holder of a permanent humanitarian visa); and
(B)
at the time the applicant was born, was the holder of a permanent visa; or
(ii)
the parent is an eligible New Zealand citizen; and
(c)
the applicant is sponsored by a person who has turned 18, being either the parent or a person who is:
(i)
the cohabiting spouse of the parent; and
(ii)
an Australian permanent resident (other than an Australian permanent resident who is, or has been, the holder of a permanent humanitarian visa) or an eligible New Zealand citizen.

“(4)

The applicant meets the requirements of this subclause if:

(a)
the applicant is a dependent child of the person referred to in subclause 101.211 (1) as an Australian permanent resident (in this subclause called ‘the parent’); and
(b)
the parent is an Australian permanent resident (other than an Australian permanent resident who is, or has been, the holder of a permanent humanitarian visa); and
(c)
the applicant was included in the application of the parent that resulted in the grant of a permanent visa to the parent; and
(d)
the applicant is sponsored by a person who has turned 18, being either the parent or a person who is:
(i)
the cohabiting spouse of the parent; and
(ii)
an Australian permanent resident (other than an Australian permanent resident who is, or has been, the holder of a permanent humanitarian visa) or an eligible New Zealand citizen.

“(5)

The applicant meets the requirements of this subclause if:

(a)
the applicant has not turned 18 and is a dependent child of the person referred to in subclause 101.211 (1) as an Australian permanent resident or an eligible New Zealand citizen (in this subclause called ‘the relevant parent’); and
(b) the relevant parent is:
(i)
an Australian permanent resident (other than an Australian permanent resident who is, or has been, the holder of a permanent humanitarian visa); or
(ii)
an eligible New Zealand citizen; and
(c)
either:
(i)
the relevant parent is granted custody of the applicant (whether by an order of the Family Court of Australia or under the laws of another country); or
(ii)
both:
(A)
a parent of the applicant who is not the relevant parent dies or becomes incapable of caring for the applicant; and
(B)
the Minister is satisfied that it is appropriate in the circumstances for the visa to be granted; and
(d)
the applicant is sponsored by a person who has turned 18, being either the relevant parent or a person who is:
(i)
the cohabiting spouse of the relevant parent; and
(ii)
an Australian permanent resident (other than an Australian permanent resident who is, or has been, the holder of a permanent humanitarian visa) or an eligible New Zealand citizen.”.

15.2 Clause 101.225:

Omit the clause, substitute:

“101.224 If the applicant is a dependent child who has not turned 18:

(a)
if so requested by the Minister, an assurance of support in relation to the applicant has been given; and
(b)
the assurance of support has been accepted by the Minister.

“101.225 If the applicant is not an applicant referred to in clause 101.224, an assurance of support in relation to the applicant has been given and has been accepted by the Minister.”.

15.3 Clause 101.325:

Omit “the Minister requires an assurance of support”, substitute “an assurance of support is requested under clause 101.224 or required under clause 101.225”.

[NOTE: The following note should be inserted after clause 101.411:

“[NOTE: Any applicable charge under the Migration (Health Services) Charge Act 1991 must be paid before the visa can be granted]”.]

16. Schedule 2, Part 102 (Adoption)

16.1 Clause 102.111 (definition of “child for adoption”):

Omit “clause 102.211 (3);”, substitute “subclause 102.211 (3) or (4);”.

16.2 Clause 102.111 (definition of “prospective adoptive parent”):

Omit the definition, substitute:

“‘prospective adoptive parent’, in relation to an applicant, means:

(a)
the unmarried person referred to in subparagraph 102.211 (3) (c) (i) or 102.211 (4) (c) (i); or
(b)
each of the spouses referred to in subparagraph 102.211 (3) (c) (ii) or 102.211 (4) (c) (ii);

as the case requires.”.

16.3 Subclause 102.211 (1):

Omit “subclause (2) or (3).”, substitute “subclause (2), (3) or (4).”.

16.4 Paragraph 102.211 (2) (b):

Omit the paragraph, substitute:

“(b)
the applicant was adopted overseas by a person who:
(i)
either:
(A)
was, at the time of the adoption, an Australian citizen; or
(B)
if the time of adoption was before 3 July 1996, was, at the time of adoption, an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen; and
(ii)
had been residing overseas for more than 12 months at the time of the application; and”.

16.5 Paragraph 102.211 (3) (c):

Omit the paragraph, substitute:

“(c)
either:
(i)
an unmarried person who is an Australian citizen has undertaken in writing to adopt the applicant; or
(ii)
spouses, at least one of whom is an Australian citizen, have undertaken in writing to adopt the applicant; and”.

16.6 After subclause 102.211 (3), insert:

“(4)

The applicant meets the requirements of this subclause if:

(a)
the applicant has not turned 18; and
(b)
the applicant is resident in an overseas country; and
(c)
either:
(i)
an unmarried person who is an Australian permanent resident or an eligible New Zealand citizen has undertaken in writing to adopt the applicant; or
(ii)
spouses, at least one of whom is an Australian permanent resident or an eligible New Zealand citizen, have undertaken in writing to adopt the applicant; and
(d)
before 3 July 1996, either:
(i)
child welfare authorities of an Australian State or Territory had approved the prospective adoptive parent or parents as a suitable adoptive parent, or as suitable adoptive parents, for the applicant; or
(ii)
the relevant authorities of the overseas country had approved the departure of the applicant:
(A)
for adoption in Australia; or
(B)
in the custody of the prospective adoptive parent or parents;
as the case requires.”.

16.7 Clause 102.212:

Omit the clause, substitute:

“102.212 The applicant is sponsored:

(a)
in the case of an applicant who is a child for adoption referred to in subclause 102.211 (3)—by an Australian citizen who is a prospective adoptive parent of the child; or
(b)
in the case of an applicant who is a child for adoption referred to in subclause 102.211 (4)—by an Australian permanent resident or an eligible New Zealand citizen who is a prospective adoptive parent of the child; or
(c)
in the case of an applicant who is an adopted child referred to in subclause 102.211 (2) who was adopted on or after 3 July 1996—by an Australian citizen who is an adoptive parent of the child; or
(d)
in the case of an applicant who is an adopted child referred to in subclause 102.211 (2) who was adopted before 3 July 1996—by an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen who is an adoptive parent of the child.”.

17. Schedule 2, Part 103 (Parent)

[NOTE: The note relating to Division 103.1 should be altered by the omission of the reference to “eligible New Zealand citizen”.]

17.1 Clause 103.211:

Omit the clause, substitute:

“103.211 The applicant is a parent of a settled Australian citizen.”.

17.2 After subclause 103.212 (1), insert:

“(1A)

For the purposes of subclauses (2) and (3), ‘the child’ means the Australian citizen referred to in clause 103.211.”.

17.3 Subparagraph 103.212 (2) (b) (ii):

Omit the subparagraph, substitute:

“(ii)
is a settled Australian citizen.”.

17.4 Subparagraph 103.212 (3) (a) (ii):

Omit the subparagraph, substitute:

“(ii)
is a settled Australian citizen; or”.

17.5 Subparagraph 103.212 (3) (b) (iii):

Omit the subparagraph, substitute:

“(iii)
is a settled Australian citizen; or”.

17.6 Subparagraph 103.212 (3) (c) (iii):

Omit the subparagraph, substitute:

“(iii)
is a settled Australian citizen; or”.

17.7 Subclause 103.212 (4):

Omit the subclause.

18. Schedule 2, Part 104 (Preferential Family)

18.1 Subclause 104.211 (1):

Omit “subclause (2) or (3)”, substitute “subclause (2), (3) or (4)”.

18.2 Subclauses 104.211 (2) and (3):

Omit the subclauses, substitute:

“(2)

An applicant meets the requirements of this subclause if:

(a)
the applicant is an aged dependent relative, or a remaining relative, of an Australian citizen (in this subclause called ‘the Australian relative’); and
(b)
the applicant is sponsored:
(i)
if the Australian relative has turned 18 and is a settled Australian citizen—by the Australian relative; or
(ii)
in any other case—by the spouse of the Australian relative, if the spouse:
(A)
cohabits with the Australian relative; and
(B)
is a settled Australian citizen; and
(C)
has turned 18.”.

“(3)

An applicant meets the requirements of this subclause if:

(a)
the applicant is an orphan relative, or a special need relative, of an Australian citizen (in this subclause called ‘the Australian relative’); and
(b)
the applicant is sponsored:
(i)
if the Australian relative has turned 18—by the Australian relative; or
(ii)
by the spouse of the Australian relative, if the spouse:
(A)
cohabits with the Australian relative; and
(B)
is an Australian citizen; and
(C)
has turned 18.

“(4)

The applicant meets the requirements of this subclause if:

(a)
the applicant is an orphan relative of a person (in this subclause called ‘the Australian relative’) who is an Australian permanent resident or an eligible New Zealand citizen; and
(b)
the applicant is sponsored:
(i)
if the Australian relative has turned 18—by the Australian relative; or
(ii)
by the spouse of the Australian relative, if the spouse:
(A)
cohabits with the Australian relative; and
(B)
is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen; and
(C)
has turned 18; and
(c)
the Minister is satisfied that there are compelling compassionate circumstances that justify the grant of the visa.”.

19. Schedule 2, Part 110 (Interdependency)

[NOTE: The note relating to Division 110.1 should be replaced by the following note:

“[NOTE: ‘interdependent relationship’ is defined in regulation 1.09A. There are no interpretation provisions specific to this Part.]”.

19.1 Paragraph 110.211 (b):

Omit the paragraph, substitute:

“(b)
is in an interdependent relationship with a person who has turned 18 and is an Australian citizen.”.

19.2 Clause 110.223:

Omit “citizen, Australian permanent resident or eligible New Zealand”.

19.3 Clause 110.226:

Omit “If so requested by the Minister, an assurance”, substitute “An assurance”.

19.4 Clause 110.325:

Omit the clause, substitute:

“110.325 Either:

(a)
an assurance of support that includes the applicant:
(i)
has been given in relation to the person who satisfies the primary criteria; and
(ii)
has been accepted by the Minister; or
(b)
an assurance of support in relation to the applicant has been given and has been accepted by the Minister.”.

[NOTE: The following note should be inserted after clause 110.411:

“[NOTE: Any applicable charge under the Migration (Health Services) Charge Act 1991 must be paid before the visa can be granted]”.]

20. Schedule 2, Part 152 (Family of New Zealand Citizen)

20.1 Omit the Part.

21. 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’, ‘member of the immediate family’ and ‘permanent humanitarian visa’ are defined in regulation 1.03.]”.]

21.1 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.]”.]

21.2 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)
meets the requirements of subclause (2).

“(2)

The applicant meets 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)
on or before the date of grant of that visa, that relationship was declared to Immigration.”.

21.3 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.]”.]

21.4 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 meets, or has met, 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 meets, or has met, the requirements of paragraph 200.211 (1) (b).”.

21.5 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 met 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 met the requirements of paragraph 200.211 (1) (b)), is the holder of a Subclass 200 visa.”.

22. 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’, ‘member of the immediate family’ and ‘permanent humanitarian visa’ are defined in regulation 1.03.]”.]

22.1 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:

22.2 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)
meets the requirements of subclause (2).

“(2)

The applicant meets 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)
on or before the date of grant of that visa, that relationship was declared to Immigration.”.

22.3 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.]”.]

22.4 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 meets, or has met, 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 meets, or has met, the requirements of paragraph 201.211 (1) (b).”.

22.5 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 met 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 met the requirements of paragraph 201.211 (1) (b)), is the holder of a Subclass 201 visa.”.

23. 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’, ‘member of the immediate family’ and ‘permanent humanitarian visa’ are defined in regulation 1.03.]”.

23.1 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 (Residence)) 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:

23.2 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)
meets the requirements of subclause (2).

“(2)

The applicant meets 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 (Residence)) 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)
on or before the date of grant of that visa, that relationship was declared to Immigration.”.

23.3 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.]”.]

23.4 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 meets, or has met, 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 meets, or has met, the requirements of paragraph 202.211 (1) (b).”.

23.5 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 met 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 met the requirements of paragraph 202.211 (1) (b)), is the holder of a Subclass 202 visa.”.

24. 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’, ‘member of the immediate family’ and ‘permanent humanitarian visa’ are defined in regulation 1.03.]”.

24.1

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:

24.2 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)
meets the requirements of subclause (2).

“(2)

The applicant meets 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)
on or before the date of grant of that visa, that relationship was declared to Immigration.”.

24.3 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.]”.]

24.4 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 meets, or has met, 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 meets, or has met, the requirements of paragraph 203.211 (1) (b).”.

24.5 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 met 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 met the requirements of paragraph 203.211 (1) (b)), is the holder of a Subclass 203 visa.”.

25. 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’, ‘member of the immediate family’ and ‘permanent humanitarian visa’ are defined in regulation 1.03.]”.

25.1 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:

25.2 Clauses 204.211, 204.212, 204.221 and 204.222:

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 meets the requirements of subclause (2).

“(2)

The applicant meets 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)
on or before the date of grant of that visa, that relationship was declared to Immigration.

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

“204.222 (1) The applicant:

(a)
if the applicant meets the criterion specified in paragraph 204.211 (1) (a)—meets the requirements of subclause (2) and (3); or
(b)
if the applicant meets the criterion specified in paragraph 204.211 (1) (b)—meets the requirements of subclause (3).

“(2) The applicant meets 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 meets 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.”.

25.3 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.]”.]

25.4 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 meets, or has met, 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 meets, or has met, the requirements of paragraph 204.211(1) (b).”.

25.5 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 met 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 met the requirements of paragraph 204.211 (1) (b)), is the holder of a Subclass 204 visa.”.

26. Schedule 2, Part 205 (Camp Clearance)

26.1 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 205.1 should be omitted and the following note substituted:

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

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

26.2 Clauses 205.211, 205.212 and 205.213:

Omit the clauses, substitute:

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

“(2)

The applicant meets 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)

An applicant meets 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)
on or before the date of grant of that visa, that relationship was declared to Immigration.”.

26.3 After clause 205.221, insert:

“205.221A If the applicant is an applicant who meets the requirements of paragraph 205.211 (3), the applicant continues to meet 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.]”.]

26.4 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 meets, or has met, 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 meets, or has met, the requirements of subclause 205.211 (3).”.

26.5 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 met the requirements of paragraph 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 met the requirements of paragraph 205.211 (3)), is the holder of a Subclass 205 visa.”.

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

27.1 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’, ‘member of the immediate family’ and ‘permanent humanitarian visa’ are defined in regulation 1.03.]”.

27.2 Clauses 208.211, 208.212, 208.213 and 208.214:

Omit the clauses, substitute:

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

“(2)

The applicant meets 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 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)

An applicant meets 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)
on or before the date of grant of that visa, that relationship was declared to Immigration.”.

27.3 After clause 208.221, insert:

“208.221A If the applicant is an applicant who meets the requirements of paragraph 208.211 (3), the applicant continues to meet 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.]”.]

27.4 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 meets, or has met, 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 meets, or has met, the requirements of subclause 208.211 (3).”.

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

27.5 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 met the requirements of paragraph 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 met the requirements of paragraph 208.211 (3)), is the holder of a Subclass 208 visa.”.

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

28.1 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’, ‘member of the immediate family’ and ‘permanent humanitarian visa’ are defined in regulation 1.03.]”.]

28.2 Clauses 209.211 and 209.212:

Omit the clauses, substitute:

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

“(2)

The applicant meets 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)

An applicant meets 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)
on or before the date of grant of that visa, that relationship was declared to Immigration.”.

28.3 Clause 209.213:

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

28.4 Clauses 209.214, 209.215 and 209.221:

Omit the clauses, substitute:

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

“209.221A If the applicant is an applicant who meets the requirements of subclause 209.211 (3), the applicant continues to meet 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.]”.]

28.5 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 meets, or has met, 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 meets, or has met, the requirements of subclause 209.211 (3).

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

28.6 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 met 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 met the requirements of subclause 209.211 (3)), is the holder of a Subclass 209 visa.”.

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

29.1 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’, ‘member of the immediate family’ and ‘permanent humanitarian visa’ are defined in regulation 1.03.]”.

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

29.2 Clauses 210.211, 210.212, 210.213 and 210.214:

Omit the clauses, substitute:

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

“(2)

The applicant meets 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 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)

An applicant meets 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)
on or before the date of grant of that visa, that relationship was declared to Immigration.”.

29.3 Clause 210.221:

Omit the clause, substitute:

“210.221 If the applicant is an applicant who meets the requirements of subclause 210.211 (2) (c) or 210.211 (3), the applicant continues to meet 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.]”.]

29.4 Clause 210.224:

Omit the clause, substitute:

“210.224 The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009 and 4010.”.

29.5 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 meets, or has met, 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 meets, or has met, 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.”.

29.6 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 met 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 met the requirements of subclause 201.211 (3)), is the holder of a Subclass 210 visa.”.

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

30.1 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’, ‘member of the immediate family’ and ‘permanent humanitarian visa’ are defined in regulation 1.03.]”.]

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

30.2 Clause 211.211:

Omit the clause, substitute:

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

“(2)

The applicant meets 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)

An applicant meets 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)
on or before the date of grant of that visa, that relationship was declared to Immigration.”.

30.3 After clause 211.221, insert:

“211.221A If the applicant is an applicant who meets the requirements of subclause 211.211 (3), the applicant continues to meet 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.]”.]

30.4 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 meets, or has met, 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 meets, or has met, the requirements of subclause 211.211 (3).”.

30.5 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.”.

30.6 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 met 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 met the requirements of subclause 211.211 (3)), is the holder of a Subclass 211 visa.”.

31. Schedule 2, Part 212 (Sudanese)

31.1 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’, ‘member of the immediate family’ and ‘permanent humanitarian visa’ are defined in regulation 1.03.]”.

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

31.2 Clauses 212.211 and 212.212:

Omit the clauses, substitute:

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

“(2) The applicant meets 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) An applicant meets 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)
on or before the date of grant of that visa, that relationship was declared to Immigration.”.

31.3 Clauses 212.213:

Omit “The applicant has a parent,”,

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

31.4 After clause 212.221, insert:

“212.221A If the applicant is an applicant who meets the requirements of subclause 212.211 (3), the applicant continues to meet 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.]”.]

31.5 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 meets, or has met, 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 meets, or has met, 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.”.

31.6 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 met 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 met the requirements of subclause 212.211 (3)), is the holder of a Subclass 212 visa.”.

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

32.1 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’, ‘member of the immediate family’ and ‘permanent humanitarian visa’ are defined in regulation 1.03.]”.]

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

32.2 Clause 213.212:

Omit the clause, substitute:

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

“(2)

The applicant meets 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)

An applicant meets 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)
on or before the date of grant of that visa, that relationship was declared to Immigration.”.

32.3 After clause 213.221, insert:

“213.221A If the applicant is an applicant who meets the requirements of subclause 213.211 (3), the applicant continues to meet 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.]”.]

32.4 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 meets, or has met, 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 meets, or has met, 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.”.

32.5 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 met 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 met the requirements of subclause 213.211 (3)), is the holder of a Subclass 213 visa.”.

33. Schedule 2, Part 214 (Cambodian)

33.1 After clause 214.111, insert:

“214.112 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 note following clause 214.111 should be omitted and the following note substituted:

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

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

33.2 Clause 214.211:

Omit the clause, substitute:

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

“(2)

The applicant meets 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 meets the requirements of subclause (3).

“(3)

An applicant meets 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 meets 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)
on or before the date of grant of that visa, that relationship was declared to Immigration.”.

33.3 After clause 214.221, insert:

“214.221A If the applicant is an applicant who meets the requirements of subclause 214.211 (4), the applicant continues to meet 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.]”.]

33.4 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 meets, or has met, 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 meets, or has met, 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.”.

33.5 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 met 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 met the requirements of subclause 214.211 (4)), is the holder of a Subclass 214 visa.”.

34. 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’, ‘member of the immediate family’ and ‘permanent humanitarian visa’ are defined in regulation 1.03.]”.

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

34.1 Clauses 215.211, 215.212, 215.213 and 215.214:

Omit the clauses, substitute:

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

“(2) The applicant meets 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) An applicant meets 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

106.227 Each member of the family unit of the applicant who is an applicant for a Subclass 106 visa is a person who:

(a)
satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010; and
(b)
if he or she has previously been in Australia, satisfies special return criteria 5001, 5002 and 5010.

106.228 Each member of the family unit of the applicant who is not an applicant for a Subclass 106 visa is a person who:

(a)
satisfies public interest criteria 4001, 4002, 4003 and 4004; and
(b)
satisfies public interest criterion 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.

106.229 If either:

(a)
the family unit of the applicant includes a dependent child who made a combined application with the applicant; or
(b)
a child who:
(i)
is usually resident with the applicant; and
(ii)
has not turned 18; and
made a combined application with the applicant;

the Minister is satisfied that the grant of a Subclass 106 visa to the child as a member of the family unit of the applicant would not prejudice the rights and interests of any other person who has custody or guardianship of, or access to, the child.

106.230 Approval of the application would not result in either:

(a)
the number of Subclass 106 visas granted in a financial year exceeding the maximum number of Subclass 106 visas, as determined by Gazette Notice, that may be granted in that financial year; or
(b)
the number of visas of particular classes (including Subclass 106) granted in a financial year exceeding the maximum number of visas of those classes, as determined by Gazette Notice, that may be granted in a financial year.

106.3SECONDARY CRITERIA

[NOTE: These criteria must be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria.]

106.31Criteria to be satisfied at time of application

106.311 The applicant is a member of the family unit of, and made a combined application with, a person who satisfies the primary criteria in subdivision 106.21.

106.312 The sponsorship referred to in clause 106.212 in respect of the person who satisfies the primary criteria includes sponsorship of the applicant.

106.32Criteria to be satisfied at time of decision

106.321 The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 106 visa.

106.322 The sponsorship referred to in clause 106.312 has been approved by the Minister and is still in force.

106.323 The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010.

106.324 If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.

106.325 Either:

(a)
the applicant is included in any assurance of support required in respect of the person who satisfies the primary criteria, and that assurance has been accepted by the Minister; or
(b)
an assurance of support has been provided in relation to the applicant, and has been accepted by the Minister.

106.326 If the applicant is the dependent child of a person who is a holder of a Subclass 106 visa, the Minister is satisfied that the grant of the visa to the applicant would not prejudice the rights and interests of any other person who has custody or guardianship of, or access to, the applicant.

106.4CIRCUMSTANCES APPLICABLE TO GRANT

106.411 The applicant must be outside Australia when the visa is granted.

[NOTE: Charges: Any applicable charge under the Immigration (Education) Charge Act 1992 must be paid before the visa can be granted.]

106.5WHEN VISA IS IN EFFECT

106.511 Permanent visa permitting the holder to travel to and enter Australia for a period of 5 years from the date of grant.

106.6CONDITIONS

106.611 First entry must be made before a date specified by the Minister for the purpose.

106.612 If the applicant satisfies the secondary criteria, either or both of conditions 8502 and 8514 may be imposed.

106.7WAY OF GIVING EVIDENCE

106.711 Visa label affixed to a valid passport.

PART 3—NEW PART 110

SUBCLASS 110—interdependency

110.1INTERPRETATION

110.111 In this Part:

“sponsor”, in relation to an applicant who is the holder of a Subclass 310 (Interdependency (Provisional)) visa, means the person who sponsored the applicant for the grant of that visa.

[NOTE: “long-term interdependent relationship” is defined in regulation 1.03. For “interdependent relationship” see regulation 1.09A.]

110.2PRIMARY CRITERIA

[NOTE: The primary criteria must be satisfied by at least 1 member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria.]

110.21[No criteria to be satisfied at time of application.]

110.22Criteria to be satisfied at time of decision

110.221 (1) The applicant meets the requirements of subclause (2), (3) or (4).

(2)

The applicant meets the requirements of this subclause if:

(a)
the applicant is the holder of a Subclass 310 (Interdependency (Provisional)) visa; and
(b)
the applicant is in an interdependent relationship with the sponsor; and
(c)
subject to subclauses (5) and (6), at least 2 years have passed since the application was made.

(3)

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

(a)
first entered Australia as the holder of a Subclass 310 (Interdependency (Provisional)) visa and continues to be the holder of that visa; and
(b)
would meet the requirements of subclause (2) except that the sponsor has died; and
(c)
satisfies the Minister that the applicant would have continued to be in an interdependent relationship with the sponsor if the sponsor had not died.

(4)

The applicant meets the requirements of this subclause if:

(a)
the applicant first entered Australia as the holder of a Subclass 310 (Interdependency (Provisional)) visa and continues to be the holder of that visa; and
(b)
the applicant would meet the requirements of subclause (2) except that the relationship between the applicant and the sponsor has ceased; and
(c)
either or both of the following:
(i)
the applicant;
(ii)
a member of the family unit of the sponsor or of the applicant;
has suffered domestic violence committed by the sponsor.

[NOTE: For special provisions relating to domestic violence, see Division 1.5.]

(5)

Paragraph (2) (c) does not apply to an applicant who at the time of making the application was in a long-term interdependent relationship with the sponsor.

(6)

Nothing in paragraph (2) (c) prevents the Minister, less than 2 years after the application is made:

(a)
refusing to grant a Subclass 110 visa; or
(b)
granting a Subclass 110 visa to an applicant who meets the requirements of subclause (3) or (4).

110.222 The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4007 and 4009.

110.223 If so requested by the Minister, an assurance of support in relation to the applicant has been given, and has been accepted by the Minister.

110.224 (1) Each member of the family unit of the applicant who is an applicant for an Interdependency (Migrant) (Class BI) visa is a person who satisfies public interest criteria 4001, 4002, 4003, 4004, 4007 and 4009.

(2)

Each member of the family unit of the applicant who is not an applicant for an Interdependency (Migrant) (Class BI) visa is a person who satisfies:

(a)
public interest criteria 4001, 4002, 4003 and 4004; and
(b)
public interest criterion 4007, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.

110.225 If either:

(a)
the family unit of the applicant includes a dependent child who made a combined application with the applicant; or
(b)
a child who:
(i)
is usually resident with the applicant; and
(ii)
has not turned 18;
made a combined application with the applicant;

the Minister is satisfied that the grant of a Subclass 110 visa to the child as a member of the family unit of the applicant would not prejudice the rights and interests of any other person who has custody or guardianship of, or access to, the child.

110.226 If at least 2 years have passed since the application was made and the applicant does not meet subclause 110.221 (3) or (4), the applicant is nominated for the grant of the Subclass 110 visa by the sponsor.

110.3SECONDARY CRITERIA

[NOTE:These criteria must be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria.]

110.31Criteria to be satisfied at time of application

110.311 The applicant is a member of the family unit of a person who has applied for an Interdependency (Migrant) (Class BI) visa, and the Minister has not decided to grant or refuse to grant a visa to the person.

110.32Criteria to be satisfied at time of decision

110.321 The applicant is the holder of:

(a)
a Subclass 310 (Interdependency (Provisional)) visa; or
(b)
a Subclass 445 (Dependent Child) visa;

granted on the basis that the applicant was a member of the family unit of another person who was the holder of a Subclass 310 visa, and that other person has been granted a Subclass 110 visa.

110.322 The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4007 and 4009.

110.323 If the Minister requires an assurance of support in respect of the person who satisfies the primary criteria:

(a)
the applicant is included in the assurance of support given in respect of that person, and that assurance has been accepted by the Minister; or
(b)
an assurance of support has been given in relation to the applicant, and has been accepted by the Minister.

110.324 If the applicant is the dependent child of a person who is the holder of a Subclass 110 visa, the Minister is satisfied that the grant of the visa to the applicant would not prejudice the rights and interests of any other person who has custody or guardianship of, or access to, the applicant.

110.4CIRCUMSTANCES APPLICABLE TO GRANT

110.411 The applicant must be:

(a)
in Australia, but not in immigration clearance; or
(b)
outside Australia;

when the visa is granted.

110.5WHEN VISA IS IN EFFECT

110.511 Permanent visa permitting the holder to travel to and enter Australia for a period of 5 years from the date of grant.

110.6CONDITIONS

110.611 If the applicant is outside Australia at the time of grant, first entry must be made before a date specified by the Minister for the purpose.

110.612 If the applicant meets the primary criteria and is outside Australia at the time of grant, condition 8502 may be imposed before his or her first entry to Australia as the holder of the visa.

110.613 If the applicant meets the secondary criteria and is outside Australia at the time of grant, either or both of conditions 8502 and 8515 may be imposed before his or her first entry to Australia as the holder of the visa.

110.7WAY OF GIVING EVIDENCE

110.711 Visa label affixed to a valid passport.

PART 4—NEW PARTS 309 AND 310

SUBCLASS 309—SPOUSE (PROVISIONAL)

309.1INTERPRETATION

309.111 In this Part:

“intended spouse” means the Australian citizen referred to in subclause 309.211 (3).

“woman-at-risk 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: “guardian”, “parent”, “permanent humanitarian visa” and “spouse” are defined in regulation 1.03.]

309.2PRIMARY CRITERIA

309.21Criteria to be satisfied at time of application

309.211 (1) The applicant meets the requirements of subclause (2) or (3).

(2)

The applicant meets the requirements of this subclause if:

(a)
the applicant is the spouse of an Australian citizen; or
(b)
the application is made before 1 October 1997 and the applicant is the spouse of an Australian permanent resident who meets the requirements of subclause (2A).

[NOTE: ‘spouse’ includes a de facto spouse: see definition of ‘spouse’ in regulation 1.03.]

(2A) An Australian permanent resident meets the requirements of this subclause if he or she:

(a)
holds a permanent visa granted on the basis of an application made before 3 July 1996; and
(b)
before that permanent visa was granted, was in a spouse relationship with the applicant of which Immigration was informed before that permanent visa was granted; and
(c)
is not, and has not been, the holder of a permanent humanitarian visa.

(3)

The applicant meets the requirements of this subclause if:

(a)
the applicant intends to marry an Australian citizen; and
(b)
the intended marriage will, if it takes place, be a valid marriage for the purposes of section 12 of the Act.

[NOTE: If the applicant is an applicant referred to in subclause 309.211 (3), the marriage must have taken place before the applicant can be granted a visa of this subclass: see clause 309.224.]

309.212 (1) The spouse, or intended spouse, of the applicant is not prohibited by subclause (2) from being a sponsor.

(2)

The spouse, or intended spouse, is prohibited from being a sponsor if:

(a)
the spouse, or intended spouse, is a woman who was granted a woman-at-risk 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.”.

309.213 (1) If the applicant is an applicant referred to in subclause 309.211 (2), the applicant is sponsored:

(a)
if the applicant’s spouse has turned 18—by that spouse; or
(b)
if the applicant’s spouse has not turned 18—by a parent or guardian of that spouse who:
(i)
has turned 18; and
(ii)
is an Australian citizen.

(2)

If the applicant is an applicant referred to in subclause 309.211 (3), the applicant is sponsored:

(a)
if the applicant’s intended spouse has turned 18—by that intended spouse; or
(b)
if the applicant’s intended spouse has not turned 18—by a parent or guardian of that intended spouse who:
(i)
has turned 18; and
(ii)
is an Australian citizen.

309.22Criteria to be satisfied at time of decision

309.221 The applicant continues to satisfy the criterion in clause 309.211.

309.222 The sponsorship referred to in clause 309.213 has been approved by the Minister and is still in force.

[NOTE: For limitations on the Minister’s discretion to approve sponsorships see regulation 1.20J.]

309.223 In the case of an applicant who meets the requirements of subclause 309.211 (2), the applicant continues to be the spouse of:

(a)
the Australian citizen who was the applicant’s spouse at the time of the application; or
(b)
the Australian permanent resident who satisfies subclause 309.211 (2A).

309.224 If the applicant is an applicant referred to in subclause 309.211 (3), the marriage referred to in that subclause has taken place and the applicant continues to be the spouse of the intended spouse.

309.225 The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4007 and 4009.

309.226 If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.

309.227 An assurance of support in relation to the applicant has been given, and has been accepted by the Minister.

309.228 (1) Each member of the family unit of the applicant who is an applicant is a person who:

(a)
satisfies public interest criteria 4001, 4002, 4003, 4004, 4007 and 4009; and
(b)
if he or she has previously been in Australia, satisfies special return criteria 5001 and 5002.

(2)

Each member of the family unit of the applicant who is not an applicant is a person who:

(a)
satisfies public interest criteria 4001, 4002, 4003 and 4004; and
(b)
satisfies public interest criterion 4007, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.

309.229 If either:

(a)
the family unit of the applicant includes a dependent child who made a combined application with the applicant; or
(b)
a child who:
(i)
is usually resident with the applicant; and
(ii)
has not turned 18;
made a combined application with the applicant;

the Minister is satisfied that the grant of a Subclass 309 visa to the child as a member of the family unit of the applicant would not prejudice the rights and interests of any other person who has custody or guardianship of, or access to, the child.

309.3SECONDARY CRITERIA

[NOTE: These criteria must be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria.]

309.31Criteria to be satisfied at time of application

309.311 The applicant is a member of the family unit of, and made a combined application with, a person who satisfies the primary criteria in subdivision 309.21.

309.312 The sponsorship referred to in clause 309.213 of the person who satisfies the primary criteria includes sponsorship of the applicant.

309.32Criteria to be satisfied at time of decision

309.321 The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 309 visa.

309.322 The sponsorship referred to in clause 309.312 has been approved by the Minister and is still in force.

[NOTE: For limitations on the Minister’s discretion to approve sponsorships see regulation 1.20J.]

309.323 The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4007 and 4009.

309.324 If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.

309.325 Either:

(a)
an assurance of support that includes the applicant:
(i)
has been given in relation to the person who satisfies the primary criteria; and
(ii)
has been accepted by the Minister; or
(b)
an assurance of support has been given in relation to the applicant and has been accepted by the Minister.

309.326 If the applicant is the dependent child of a person who is the holder of a Subclass 309 visa, the Minister is satisfied that the grant of the visa to the applicant would not prejudice the rights and interests of any other person who has custody or guardianship of, or access to, the applicant.

309.4CIRCUMSTANCES APPLICABLE TO GRANT

309.411 The applicant must be outside Australia when the visa is granted.

[NOTE: Any applicable charge under the Migration (Health Services) Charge Act 1991 must be paid before the visa can be granted.]

309.5WHEN VISA IS IN EFFECT

309.511 Temporary visa permitting the holder:

(a)
to travel to and enter Australia for a period of 30 months from the date of application; and
(b)
to remain in Australia until the end of the day on which:
(i)
the holder is notified that the holder’s application for a Spouse (Migrant) (Class BC) visa has been decided; or
(ii)
that application is withdrawn.

309.6CONDITIONS

309.611 First entry must be made before a date specified by the Minister for the purpose.

309.612 If the applicant meets the primary criteria, condition 8502 may be imposed.

309.613 If the applicant meets the secondary criteria, either or both of conditions 8502 and 8515 may be imposed.

309.7WAY OF GIVING EVIDENCE

309.711 Visa label affixed to a valid passport.

SUBCLASS 310—INTERDEPENDENCY (PROVISIONAL)

310.1INTERPRETATION

[NOTE: “interdependent relationship” is defined in regulation 1.09A. There are no interpretation provisions specific to this Part. ]

310.2PRIMARY CRITERIA

310.21Criteria to be satisfied at time of application

310.211 The applicant:

(a)
has turned 18; and
(b)
is in an interdependent relationship with a person who has turned 18 and who is an Australian citizen.

310.212 The person referred to in paragraph 310.211 (b) has sponsored the applicant.

310.22Criteria to be satisfied at time of decision

310.221 The applicant continues to satisfy the criterion in clause 310.211.

310.222 The sponsorship referred to in clause 310.212 has been approved by the Minister and is still in force.

[NOTE: For limitations on the Minister’s discretion to approve sponsorships see regulation 1.20J.]

310.223 The applicant continues to be in an interdependent relationship with the Australian citizen with whom the applicant was in an interdependent relationship at the time of the application.

310.224 The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4007 and 4009.

310.225 If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.

310.226 An assurance of support in relation to the applicant has been given, and has been accepted by the Minister.

310.227 (1) Each member of the family unit of the applicant who is an applicant for an Interdependency (Provisional) (Class UG) visa:

(a)
satisfies public interest criteria 4001, 4002, 4003, 4004, 4007 and 4009; and
(b)
if he or she has previously been in Australia, satisfies special return criteria 5001 and 5002.

(2)

Each member of the family unit of the applicant who is not an applicant for an Interdependency (Provisional) (Class UG) visa satisfies:

(a)
public interest criteria 4001, 4002, 4003 and 4004; and
(b)
public interest criterion 4007, unless the Minister is satisfied that it would be unreasonable to require that person to undergo assessment in relation to that criterion.

310.228 If either:

(a)
the family unit of the applicant includes a dependent child who made a combined application with the applicant; or
(b)
a child who:
(i)
is usually resident with the applicant; and
(ii)
has not turned 18;
made a combined application with the applicant;

the Minister is satisfied that the grant of a Subclass 310 visa to the child as a member of the family unit of the applicant would not prejudice the rights and interests of any other person who has custody or guardianship of, or access to, the child.

310.3SECONDARY CRITERIA

[NOTE: These criteria must be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria.]

310.31Criteria to be satisfied at time of application

310.311 The applicant is a member of the family unit of, and made a combined application with, a person who satisfies the primary criteria in subdivision 310.21.

310.312 The sponsorship referred to in clause 310.212 of the person who satisfies the primary criteria includes sponsorship of the applicant.

310.32Criteria to be satisfied at time of decision

310.321 The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 310 visa.

310.322 The sponsorship referred to in clause 310.312 has been approved by the Minister and is still in force.

[NOTE: For limitations on the Minister’s discretion to approve sponsorships see regulation 1.20J.]

310.323 The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4007 and 4009.

310.324 If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.

310.325 Either:

(a)
an assurance of support that includes the applicant:
(i)
has been given in relation to the person who satisfies the primary criteria; and
(ii)
has been accepted by the Minister; or
(b)
an assurance of support has been given in relation to the applicant and has been accepted by the Minister.

310.326 If the applicant is the dependent child of a person who is the holder of a Subclass 310 visa, the Minister is satisfied that the grant of the visa to the applicant would not prejudice the rights and interests of any other person who has custody or guardianship of, or access to, the applicant.

310.4CIRCUMSTANCES APPLICABLE TO GRANT

310.411 The applicant must be outside Australia when the visa is granted.

[NOTE: Any applicable charge under the Migration (Health Services) Charge Act 1991 must be paid before the visa can be granted.]

310.5WHEN VISA IS IN EFFECT

310.511 Temporary visa permitting the holder:

(a)
to travel to and enter Australia for a period of 30 months from the date of application; and
(b)
to remain in Australia until the end of the day on which:
(i)
the holder is notified that the holder’s application for an Interdependency (Migrant) (Class BI) visa has been decided; or
(ii)
that application is withdrawn.

310.6CONDITIONS

310.611 First entry must be made before a date specified by the Minister for the purpose.

310.612 If the applicant meets the primary criteria, condition 8502 may be imposed.

310.613 If the applicant meets the secondary criteria, either or both of conditions 8502 and 8515 may be imposed.

310.7WAY OF GIVING EVIDENCE

310.711 Visa label affixed to a valid passport.

____________________________________________________________

NOTES

1. Notified in the Commonwealth of Australia Gazette on 30 September 1996.
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 and 198.