Migration Regulations (Amendment) (Cth)
______________
Regulation Page
1. Commencement................................................................................. 1
2. Amendment....................................................................................... 1
3. Regulation 1.03 (Interpretation)........................................................ 2
4. New regulation 1.09A....................................................................... 2
Interdependent relationship
5. New Division 1.5............................................................................... 4
6. New regulation 2.07AA.................................................................... 5
Application for certain visitor visas
7. Regulation 2.17 (Ways of giving evidence of a visa)....................... 5
number of points).... 6
9. Regulation 2.38 (Liability of person giving assurance of .... support).................. 6
10. Regulation 2.40 (Persons having a prescribed status—
special purpose visas (Act, s. 33 (2) (a))).......................................... 6
11. New regulation 5.15A........................................................................ 8
Certain New Zealand citizens
12. Regulation 5.17 (Prescribed evidence of English language proficiency (Act, s. 5 (2) (b))) 8
13. Regulation 5.40 (Fee for assessment of a person’s work qualifications and experience) 9
14. Schedule 1 (Classes of visas)............................................................. 9
Interdependency (Migrant) (Class BI)
Short Stay (Visitor) (Class TR)
Regulation Page
15. Schedule 2, Part 050 (Bridging visa (general))........................12
16. Schedule 2, new Part 110................................................................. 13
17. Schedule 2, Part 211 (Burmese in Burma)....................................... 13
18. Schedule 2, Part 214 (Cambodian)................................................... 14
19. Schedule 2, Part 300 (Prospective Marriage)................................... 14
20. Schedule 2, Part 303 (Emergency)................................................... 14
21. Schedule 2, Part 305 (Interdependency)........................................... 14
22. Schedule 2, Part 413 (Executive)..................................................... 14
23. Schedule 2, Part 414 (Specialist)...................................................... 15
24. Schedule 2, Part 417 (Working Holiday)......................................... 15
25. Schedule 2, Part 418 (Educational).................................................. 15
26. Schedule 2, Part 427 (Domestic Worker (Temporary)—... Executive).................. 15
27. Schedule 2, Part 444 (Special Category).......................................... 15
28. Schedule 2, Part 672 (Business Visitor (Short Stay))...................... 16
29. Schedule 2, Part 773 (Border).......................................................... 17
30. Schedule 2, Part 801 (Spouse).......................................................... 17
31. Schedule 2, Part 805 (Skilled).......................................................... 17
32. Schedule 2, Part 814 (Interdependency)........................................... 19
33. Schedule 2, Part 820 (Spouse).......................................................... 21
34. Schedule 2, Part 826 (Interdependency)........................................... 21
35. Schedule 2, Part 831 (Prospective Marriage Spouse)...................... 23
36. Schedule 2, Part 840 (Business Owner)........................................... 24
37. Schedule 2, Part 841 (Senior Executive).......................................... 25
38. Schedule 2, Part 842 (State/Territory Sponsored Business .... Owner).................. 26
39. Schedule 2, Part 843 (State/Territory Sponsored Senior ... Executive).................. 27
40. Schedule 2, Part 844 (Investment-Linked)....................................... 28
41. Schedule 2, Part 845 (Established Business in Australia)................ 29
42. Schedule 2, Part 866 (Protection (Residence))................................. 29
43. Schedule 4 (Public interest criteria)................................................. 30
44. Schedule 8 (Visa conditions)............................................................ 31
45. Schedule 9, Part 1 (Persons to whom special arrangements apply under section 166 of the Act) .31
46. Schedule 9, Part 2 (Persons not required to comply with section 166 of the Act). 32
47. Amendments of fees......................................................................... 33
48. Transitional—certain applications not finally determined on
3 July 1995...................................................................................... 34
Schedule 1
New Division 1.5 to be inserted in the
Migration Regulations
1.21 Interpretation
References to person having suffered or committed domestic violence
When is a person taken to have suffered or committed domestic violence?
Evidence
Statutory declaration by alleged victim, etc.
Statutory Declaration by competent person
Statutory declaration not admissible in evidence
Schedule 2
New Part 110 to be inserted in Schedule 2
to the Migration Regulations
Subclass 110—Interdependency
Interpretation
Primary Criteria
Criteria to be satisfied at time of application
Criteria to be satisfied at time of decision
Secondary Criteria
Criteria to be satisfied at time of application
Criteria to be satisfied at time of decision
Circumstances applicable to grant
When visa is in effect
Conditions
Way of giving evidence
__________________
I, The Governor-General of the Commonwealth of Australia, acting with the advice of the
Federal Executive Council, make the following Regulations under the
Dated 30 May 1995.
BILL HAYDEN
Governor-General
By His Excellency’s Command,
NICK BOLKUS
Minister for Immigration and Ethnic Affairs
____________
1.1 These Regulations commence on 3 July 1995.
2.1 The Migration Regulations are amended as set out in these Regulations.
3.1 Insert:
“
3.2 Definition of “relative” (paragraph (a)):
Omit the paragraph, substitute:
“(a) in the case of an applicant for a Subclass 200 (Refugee) visa or a Protection (Class AZ) visa:
(i) a close relative; or
(ii) a grandparent, grandchild, aunt, uncle, niece or nephew, or a step-grandparent, step-grandchild, step-aunt, step-uncle, step-niece or step-nephew; or
(iii) a first or second cousin; or”.
3.3 Definition of “transit passenger” (paragraph (c)):
Omit the paragraph.
4.1 After regulation 1.09, insert:
(1) In this regulation:
‘ancestor’ includes a parent.
For the purposes of these Regulations:
(a) who are not within a prohibited degree of relationship; and
(b) who have both turned 18; and
(c) who have a mutual commitment to a shared life to the exclusion of any spouse relationships or any other interdependent relationships; and
(d) who:
(i) live together; or
(ii) do not live separately and apart on a permanent basis.
For the purposes of this regulation, persons are within a prohibited degree of relationship if either of them is:
(a) an ancestor or descendant of the other person; or
(b) a brother or sister of the other person (whether or not they have both parents in common).
For the purposes of subregulation (3):
(a) a person is taken to be an ancestor or descendant of another person even if the relationship between them is traced through, or to, a person who is or was an adopted child; and
(b) the relationship of parent and child between an adoptive parent and an adopted child is taken to continue even though:
(i) the order by which the adoption was effected has been annulled, cancelled or discharged; or
(ii) the adoption has otherwise ceased to be effective; and
(c) the relationship between an adopted child and the adoptive parent, or each of the adoptive parents, is taken to be or to have been the natural relationship of child and parent; and
(d) a person who has been adopted more than once is taken to be the child of each person by whom he or she has been adopted.
In forming an opinion for the purposes of subregulation (2) in relation to an application for an Interdependency (Migrant) (Class BI), General (Residence) (Class AS) or Extended Eligibility (Temporary) (Class TK) visa, the Minister must have regard to all the circumstances of the relationship, including, in particular:
(a) the financial aspects of the relationship, including:
(i) any joint ownership of real estate or other major assets; and
(ii) any joint liabilities; and
(iii) the extent of any pooling of financial resources, especially in relation to major financial commitments; and
(iv) whether one party to the relationship owes any legal obligation in respect of the other; and
(v) the basis of any sharing of day-to-day household expenses; and
(b) the nature of the household, including:
(i) any joint responsibility for care and support of children, if any; and
(ii) the persons’ living arrangements; and
(iii) any sharing of responsibility for housework; and
(c) the social aspects of the relationship, including:
(i) the opinion of the persons’ friends and acquaintances about the nature of the relationship; and
(ii) any basis on which the persons plan and undertake joint social activities; and
(iii) whether the persons represent themselves to other persons as being in an interdependent relationship; and
(d) the nature of the persons’ commitment to each other, including:
(i) the duration of the relationship; and
(ii) the length of time during which the persons have lived together; and
(iii) the degree of companionship and emotional support that the persons draw from each other; and
(iv) whether the persons themselves see the relationship as a long-term one.
If a person has been living with another person for 6 months or longer, that fact is to be taken to be strong evidence that the relationship is genuine and continuing, but a relationship of shorter duration is not to be taken not to be genuine and continuing only for that reason.”.
5.1 After Division 1.4, insert Division 1.5 set out in Schedule 1.
6.1 After regulation 2.07, insert:
Despite anything in regulation 2.07, an application for a Short Stay (Visitor) (Class TR) visa may be made on behalf of the applicant by an approved nominator for the purposes of clause 672.111 of Schedule 2 if and only if the applicant is a person who seeks to visit Australia for business purposes.”.
7.1 Subregulation 2.17 (6):
Omit the subregulation, substitute:
If:
(a) evidence of the grant of a visa (other than a transitional visa or a visa of a class referred to in regulation 2.18) to a non-citizen has been given to the non-citizen; and
(b) either:
(i) the evidence, or the passport in which it was given, has been damaged, defaced, lost, stolen or destroyed, or otherwise cannot, for good reason, be presented for travel purposes; or
(ii) the passport has expired, or has been cancelled, or is no longer applicable to that person;
replacement evidence is to be given to the non-citizen in the form of a label that is affixed to a passport of the non-citizen by an officer.
In the case of a substantive visa, the replacement evidence must include:
(a) a statement of the period for which the visa is in effect; and
(b) a statement of the class and the subclass to which the visa belongs; and
(c) if the visa allows the holder to travel to and enter Australia, a statement of that fact.”.
8.1 Paragraph 2.26 (3) (c):
Omit “10”, substitute “25”.
9.1 Subregulation 2.38 (1):
After paragraph 2.38 (1) (c), insert:
“; or (d) a widow allowance under Part 2.8A of that Act; or
(e) a partner allowance under Part 2.15A of that Act; or
(f) a parenting allowance under Part 2.18 of that Act; or
(g) a youth training allowance under Part 8 of the
Student and Youth Assistance Act 1973 ;’.
10.1 Subregulation 2.40 (1):
After paragraph 2.40 (1) (k), insert:
“(kaa) spouses and dependent children of members of the crew of non-military ships (other than ships being imported into Australia);”.
10.2 Paragraph 2.40 (1) (n):
Omit the paragraph, substitute:
“(n) transit passengers who are citizens of a country listed in Part 3 of Schedule 9;
(na) transit passengers who hold passports (other than passports that purport to be official passports or diplomatic passports) issued by the authorities of Taiwan;”.
10.3 Subregulation 2.40 (4):
After “(k),”, insert “(kaa),”.
10.4 After subregulation 2.40 (8), insert:
[
A person included in a class of persons specified in paragraph (1) (kaa) has a prescribed status:
(a) if and only if:
(i) the person enters Australia on the ship of whose crew the relevant primary person is a member; and
(ii) the ship enters Australia at:
(A) a proclaimed port; or
(B) a port other than a proclaimed port, if permission for it to do so has been given in advance by the Australian Customs Service under section 58 of the
Customs Act 1901 ; and(iii) the master of the ship:
(A) identifies the person as being the spouse or a dependent child of a member of the crew of the ship; and
(B) undertakes in writing to ensure that the person leaves Australia; and
(b) only until the earlier of the following events:
(i) the person leaves Australia; or
(ii) the relevant primary person ceases to have a prescribed status.
In subregulation (8A):
10.5 Subregulation 2.40 (11):
Omit “paragraph (1) (n)”, substitute “paragraph (1) (n) or (na)”.
11.1 After regulation 5.15, insert:
For the purposes of paragraph 32 (2) (c) of the Act, it is declared that the class of persons each of whom:
(a) is a New Zealand citizen who holds, and has shown to an officer, a New Zealand passport that is in force; and
(b) is not a health concern non-citizen; and
(c) is a behaviour concern non-citizen only because of having been excluded from a country other than Australia in circumstances that, in the opinion of the Minister, do not warrant the exclusion of the person from Australia;
is a class of persons for whom a visa of a class other than Special Category (Temporary) (Class TY) would be inappropriate.”.
12.1 Paragraphs 5.17 (a), (b), (c), (ca) and (d):
Omit the paragraphs, substitute:
“(a) evidence that the person has a qualification or experience, or has attained test results, set out in column 2 of an item in Part 3 of Schedule 6, being a qualification, experience or test results in relation to which 10 points or more is specified in column 3 of that item;”.
12.2 Paragraph 5.17 (g):
Omit the paragraph.
12.3 Subparagraph 5.17 (j) (ii):
Omit “(a), (b), (c) or (d)”, substitute “(a)”.
13.1 Omit the regulation, substitute:
The fee payable on an application for assessment for the purposes of the Act of a person’s occupational qualifications or experience (or both) is:
(a) in the case of an assessment by the Department of Industrial Relations—$100; and
(b) in the case of an assessment by NOOSR—$120.”.
14.1 After item 1120, insert:
“
(1) | Form: | 1035 |
(2) | Fee: |
|
(3) | Other: | (a) Application must be made outside Australia. |
(b) Applicant must be outside Australia. | ||
| ||
(4) | Subclasses: | 110 (Interdependency)”. |
14.2 Item 1213:
Omit the item.
14.3 Item 1218:
Omit the item, substitute:
“
(1) | Form: |
|
(b) In any other case:
| ||
| ||
(2) | Fee: |
|
(b) In any other case:
| ||
| ||
| ||
| ||
(3) | Other: |
|
| ||
| ||
| ||
| ||
| ||
|
| 672 (Business (Short Stay)) 676 (Tourist (Short Stay))”. |
14.4 Subitem 1305 (3):
Add at the end:
|
15.1 Clause 050.213:
Omit the clause, substitute:
“050.213 The Minister is satisfied that, if a bridging visa is granted to the applicant, the applicant will abide by the conditions (if any) imposed on it.”.
15.2 Clause 050.222:
Omit the clause, substitute:
“050.222 (1) Unless subclause (2) or (3) applies, the applicant has been interviewed by an officer who is authorised by the Secretary for the purposes of this clause.
This subclause applies if:
(a) the applicant is not in immigration detention; and
(b) the applicant has made a valid application for a substantive visa; and
(c) the applicant holds a Bridging E (Class WE) visa; and
(d) the applicant is not seeking to be granted a further Bridging E (Class WE) visa that is subject to conditions other than those that apply to the Bridging E (Class WE) visa that the applicant currently holds.
This subclause applies if:
(a) an officer who is authorised by the Secretary for the purposes of this clause was not available to interview the applicant at the time of the application; and
(b) the applicant is not in immigration detention; and
(c) the applicant has made a valid application for a substantive visa; and
(d) the applicant has previously held, but does not currently hold, a Bridging E (Class WE) visa.”.
15.3 Clauses 050.511, 050.512, 050.513 and 050.514:
After “In the case of a visa granted to a non-citizen”, insert “(other than a non-citizen to whom subclause 050.222 (3) applies)”.
15.4 After clause 050.514, insert:
“050.514A In the case of a visa granted to a non-citizen to whom subclause 050.222 (3) applies—bridging visa:
(a) coming into effect on grant; and
(b) permitting the holder to remain in Australia for 5 working days from date of grant.”.
15.5 Clause 050.611:
Omit the clause, substitute:
“050.611 In the case of a visa granted to a non-citizen who:
(a) applied for a substantive visa at the same time and on the same form as he or she applied for the bridging visa; and
(b) is not in immigration detention; and
(c) held a Bridging E (Class WE) visa at the time when he or she made the application referred to in paragraph (a):
whichever of conditions 8101, 8104, 8201, 8401, 8402, 8505 or 8506 that apply to that bridging visa.
“050.611A In the case of a visa granted to an unlawful non-citizen:
(a) who is not in immigration detention; and
(b) who has held a Bridging E (Class WE) visa since he or she last held a substantive visa, but does not hold a Bridging E (Class WE) visa immediately before the time of grant; and
(c) who was interviewed by an officer authorised by the Secretary for the purposes of clause 050.222 before the visa was granted;
any 1 or more of conditions 8101, 8104, 8201, 8401, 8402, 8505 or 8506 may be imposed.
“050.611B In the case of a visa granted to an unlawful non-citizen to whom subclause 050.222 (3) applies:
(a) condition 8401; and
(b) any 1 or more of conditions 8101, 8104, 8201, 8505 and 8506 may be imposed.”.
16.1 After Schedule 2, Part 105, insert Part 110 set out in Schedule 2.
17.1 Clause 211.224:
Omit “5010”, substitute “5009”.
17.2 Paragraph 211.225 (1) (b):
Omit “5010”, substitute “5009”.
18.1 Clause 214.226:
Omit “5010”, substitute “5009”.
19.1 Paragraph 300.215 (b):
Omit the paragraph, substitute:
“(b) that the marriage is intended by the parties to take place within the visa period.”.
19.2 Clause 300.511:
Omit the clause, substitute:
“300.511 Temporary visa permitting the holder to travel to, enter and remain in Australia for 9 months from date of grant.”.
20.1 Clauses 303.611 and 303.612:
Omit the clauses, substitute:
“303.611 Any 1 or more of conditions 8106, 8107, 8301, 8302, 8303, 8501, 8502, 8503, 8516, 8522, 8525 and 8526 may be imposed.”.
21.1 Omit the Part.
22.1 Clause 413.224:
Omit “4005A”, substitute “4006A”.
22.2 Paragraph 413.324 (a):
Omit “4005A”, substitute “4006A”.
23.1 Clause 414.225:
Omit “4005A”, substitute “4006A”.
23.2 Paragraph 414.324 (a):
Omit “4005A”, substitute “4006A”.
24.1 Subclause 417.214 (2):
Omit “the United Kingdom, the Republic of Ireland, the Netherlands, Canada or Japan ,”, substitute “Canada, the Republic of Ireland, Japan, the Republic of Korea, the Netherlands or the United Kingdom”.
25.1 Clause 418.226:
Omit “4005A”, substitute “4006A”.
25.2 Paragraph 418.324 (a):
Omit “4005A”, substitute “4006A”.
26.1 Paragraph 427.231 (a):
Omit “427.223 (2)”, substitute “427.223”.
26.2 Paragraph 427.231 (b):
Omit “427.223 (3)”, substitute “427.224”.
27.1 Division 444.2 (Primary criteria):
Omit the Division.
[NOTE: The Note following clause 444.211 should be omitted and the following Note substituted:
“[
The terms “behaviour concern non-citizen” and “health concern non-citizen” are defined in subsection 5 (1) of the Act. Prescribed diseases in respect of a health concern non-citizen are set out in regulation 5.16. The definition of “behaviour concern non-citizen” includes a person who has been excluded from another country in certain circumstances. Those circumstances are set out in regulation 5.15.
Paragraph 32 (2) (c) of the Act allows other classes of persons to be declared by the regulations as classes of persons for whom a visa of another class would be inappropriate, and the declaration of a class of persons is to be found in regulation 5.15A.
Under regulation 5.15A, the requirements are that the applicant is a New Zealand citizen who holds, and has shown an officer, a New Zealand passport that is in force; that the applicant is not a health concern non-citizen; and that the applicant is a behaviour concern non-citizen only because he or she has been excluded from another country in circumstances that, in the Minister’s opinion, do not warrant the exclusion of the applicant from Australia.]”.]
28.1 Division 672.1:
Insert:
“672.111 In this Part:
(a) the Government of a State or Territory; or
(b) a body approved in writing by the Minister for the purposes of this Part.
“672.112 For the purposes of this Part, an application that is made on an applicant’s behalf by an approved nominator is taken to be an application made outside Australia.”.
[NOTE: The Note following Division 672.1 should be omitted and the following Note substituted:
“NOTE: ‘work’ is defined in regulation 1.03.]”.
28.2 Clause 672.511:
After “is granted outside Australia”, insert “or is granted in Australia to an applicant on behalf of whom an application was made by an approved nominator”.
29.1 Subclause 773.216 (2):
Omit the subclause, substitute:
Subclause (1) does not apply to an applicant:
(a) if the applicant is a passenger on a vessel that has entered Australia because of matters beyond the control of the person in charge of the vessel; or
(b) if:
(i) there are compelling reasons for the grant of the visa to the applicant; and
(ii) the presence of the applicant in Australia would not be contrary to the interests of Australia; and
(iii) the applicant has a good reason for not being the holder of a visa.”.
30.1 Paragraph 801.221 (6) (c):
Omit the paragraph, substitute:
“(c) either or both of the following circumstances applies:
(i) either or both of the following:
(A) the applicant;
(B) a dependent child of the nominating spouse or of the applicant or of both of them;
has suffered domestic violence committed by the nominating spouse;
(ii) the applicant has custody or joint custody of at least 1 child in respect of whom:
(A) a court has granted joint custody or access to the nominating spouse; or
(B) the nominating spouse is subject to a formal maintenance obligation.
[NOTE: For special provisions
relating to domestic violence,
31.1 Clause 805.321:
Omit the clause, substitute:
“805.321 (1) The applicant meets the requirements of subclause (2), (3) or (4).
An applicant meets the requirement of this subclause if the applicant is a member of the family unit of a person (in this clause called ‘the non-dependent holder’) who, having satisfied the primary criteria, is the holder of a Subclass 805 visa.
An applicant meets the requirements of this subclause if:
(a) the applicant is the spouse of the non-dependent holder; and
(b) the relationship between the non-dependent holder and the applicant has ceased; and
(c) 1 or more of the following:
(i) the applicant;
(ii) a member of the family unit of the applicant who has made a combined application with the non-dependent holder;
(iii) a dependent child of the applicant or of the non-dependent holder;
has suffered domestic violence committed by the non-dependent holder.
An applicant meets the requirements of this subclause if:
(a) the applicant is a member of the family unit of the spouse of the non-dependent holder; and
(b) the spouse meets the requirements of subclause (3); and
(c) the applicant has made a combined application with the non-dependent holder; and
(d) the spouse has been granted a Subclass 805 visa.
[NOTE: For special provisions
relating to domestic violence,
32.1 Clause numbered 814.11:
Omit “814.11”, substitute “814.111”.
[NOTE: The Note following clause 814.111 should be omitted and the following Note substituted:
“[NOTE: ‘eligible New Zealand citizen’ is defined in regulation 1.03, and ‘interdependent relationship’ in regulation 1.09A.]”.]
32.2 Clause 814.221:
Omit the clause, substitute:
“814.221 (1) The applicant meets the requirements of subclause (2), (3), (4), (5), (7) or (8).
An applicant meets the requirements of this subclause if:
(a) he or she is the holder of a Subclass 826 (Interdependency) visa; and
(b) he or she has held:
(i) a Subclass 305 (Interdependency) visa; or
(ii) a Class 305 (interdependency (temporary)) visa or Class 305 (interdependency (temporary)) entry permit granted under the Migration (1993) Regulations; or
(iii) an Interdependency (temporary) visa or entry permit (code number 305) under the Migration (1989) Regulations; and
(c) the Minister is satisfied that the applicant continues to be in an interdependent relationship with the nominator; and
(d) the applicant continues to be nominated for the grant of the Subclass 814 visa by the nominator.
An applicant meets the requirements of this subclause if:
(a) the applicant is the holder of a Subclass 826 visa; and
(b) the applicant continues to be nominated for the grant of the Subclass 814 visa by the nominator; and
(c) the Minister is satisfied that the applicant continues to be in an interdependent relationship with the nominator; and
(d) subject to subclause (6), at least 2 years have passed since the application was made.
An applicant meets the requirements of this subclause if the applicant is the holder of a Subclass 826 visa granted on the basis that the applicant was a person who satisfied the criteria set out in subclause 826.221 (3).
An applicant meets the requirements of this subclause if the applicant:
(a) is the holder of a Subclass 826 visa; and
(b) would meet the requirements of subclause (2) or (3) except that the nominator has died; and
(c) satisfies the Minister that the relationship was genuine and, had the nominator not died, would have continued; and
(d) has developed close business, cultural or personal ties in Australia.
Nothing in paragraph (3) (d) prevents the Minister from:
(a) refusing to grant a Subclass 814 visa; or
(b) approving the grant of a Subclass 814 visa to an applicant who meets the requirements of subclause (5) or (8);
less than 2 years after the application is made.
An applicant meets the requirements of this subclause if:
(a) the applicant held a Subclass 826 visa that ceased on notification of a decision of the Minister to refuse a Subclass 814 visa; and
(b) a review officer or the Tribunal has determined that the applicant meets the criteria for the grant of a Subclass 814 visa apart from the criterion that the applicant hold a Subclass 826 visa.
An applicant meets the requirements of this subclause if:
(a) the applicant is the holder of a Subclass 826 visa; and
(b) the applicant would meet the requirements of subclause (2) or (3) except that the relationship between the applicant and the nominator has ceased; and
(c) either or both of the following:
(i) the applicant;
(ii) a dependent child of the nominator or of the applicant;
has suffered domestic violence committed by the nominator.
[NOTE: For special provisions
relating to domestic violence,
33.1 Subclause 820.221 (3):
Omit “if the applicant:”, substitute “if:”.
33.2 Paragraph 820.221 (3) (a):
Omit “would continue to meet”, substitute “the applicant would continue to meet”.
33.3 Paragraph 820.221 (3) (b):
Omit the paragraph, substitute:
“(b) either or both of the following circumstances applies:
(i) either or both of the following:
(A) the applicant;
(B) a dependent child of the nominating spouse or of the applicant or of both of them;
has suffered domestic violence committed by the nominating spouse;
(ii) the applicant has custody or joint custody of at least 1 child in respect of whom:
(A) a court has granted joint custody or access to the nominating spouse; or
(B) the nominating spouse is subject to a formal maintenance obligation.
[NOTE: For special provisions
relating to domestic violence,
34.1 Clause 826.211:
Omit the clause, substitute:
“826.211 The applicant is not the holder of a Subclass 771 (Transit) visa.
“826.212 (1) The applicant meets the requirements of subclause (2).
The applicant meets the requirements of this subclause if:
(a) the applicant has turned 18; and
(b) the applicant is nominated for the grant of the visa by a person (in this clause called
‘the nominator’ ) who:
(i) has turned 18; and
(ii) is an Australian citizen, Australian permanent resident or eligible New Zealand citizen; and
(iii) is not within a prohibited degree of relationship (within the meaning of subregulation 1.09A (3)) to the applicant; and
(c) the Minister is satisfied that the applicant has an interdependent relationship with the nominator; and
(d) if the applicant is the holder, as a person who satisfied the primary criteria, of a Subclass 305 (Interdependency) visa, the Minister is satisfied that the relationship referred to in paragraph (c) is the same relationship as the relationship that the applicant relied on to satisfy the criteria for that visa; and
(e) in the case of an applicant who is not the holder of a substantive visa—either:
(i) the applicant:
(A) entered Australia as the holder of a Subclass 995 (Diplomatic) visa or as a special purpose visa holder who satisfies the requirements of subclause (3); and
(B) satisfies Schedule 3 criterion 3002; or
(ii) the applicant satisfies Schedule 3 criteria 3001, 3003 and 3004.
An applicant meets the requirements of this subclause if:
(a) he or she is:
(i) a SOFA forces member; or
(ii) a SOFA forces civilian component member; or
(b) he or she:
(i) is a dependent child of a person referred to in paragraph (a); and
(ii) holds a valid national passport and a certificate that he or she is a dependent of a SOFA forces member or a SOFA forces civilian component member, as the case requires.”.
[NOTE: The Note in Division 826.1 should be omitted and the following Note substituted:
“[NOTE: ‘eligible New Zealand citizen’ is defined in regulation 1.03, and ‘interdependent relationship’ in regulation 1.09A. There are no interpretation provisions specific to this Part.]”.]
34.2 Subclause 826.221 (1):
Omit “(2) or (3)”, substitute “(2), (3) or (4)”.
34.3 Clause 826.221:
Add at the end:
An applicant meets the requirements of this subclause if:
(a) the applicant would meet the requirements of subclause (2) except that the relationship between the applicant and the nominator has ceased; and
(b) either or both of the following:
(i) the applicant;
(ii) a dependent child of the nominator or of the applicant;
has suffered domestic violence committed by the nominator.
[NOTE: For special provisions
relating to domestic violence,
35.1 Clause 831.211:
Omit the clause, substitute:
“831.211 (1) The applicant meets the requirements of subclause (2), (3) or (4).
An applicant meets the requirements of this subclause if he or she:
(a) is the holder of a Subclass 300 (Prospective Marriage) visa; and
(b) has married the nominating spouse under a marriage that is recognised as valid for the purposes of the Act; and
(c) is nominated by the nominating spouse; and
(d) continues to be the spouse of the nominating spouse.
An applicant meets the requirements of this subclause if:
(a) he or she is the holder of a Subclass 300 (Prospective Marriage) visa; and
(b) he or she has married the nominating spouse under a marriage that is recognised as valid for the purposes of the Act; and
(c) the relationship between the applicant and the nominating spouse has ceased; and
(d) any 1 or more of the following:
(i) the applicant;
(ii) a member of the family unit of the applicant who has made a combined application with the applicant;
(iii) a dependent child of the nominating spouse or of the applicant or of both of them;
has suffered domestic violence committed by the nominating spouse.
An applicant meets the requirements of this subclause if:
(a) he or she is not the holder of a substantive visa; and
(b) he or she has been the holder of a Subclass 300 (Prospective Marriage) visa; and
(c) while that visa was valid, he or she married the nominating spouse under a marriage that is recognised as valid for the purposes of the Act; and
(d) the relationship between the applicant and the nominating spouse has ceased; and
(e) any 1 or more of the following:
(i) the applicant;
(ii) a member of the family unit of the applicant who has made a combined application with the applicant;
(iii) a dependent child of the nominating spouse or of the applicant or of both of them;
has suffered domestic violence committed by the nominating spouse.
[NOTE: For special provisions
relating to domestic violence,
35.2 Paragraphs 831.221 (4) (b) and (d):
Omit the paragraphs, substitute:
“(b) the relationship between the applicant and the nominating spouse has ceased; and
(c) either or both of the following circumstances applies:
(i) any 1 or more of the following:
(A) the applicant;
(B) a member of the family unit of the applicant who has made a combined application with the applicant;
(C) a dependent child of the nominating spouse or of the applicant or of both of them;
has suffered domestic violence committed by the nominating spouse;
(ii) the applicant has custody or joint custody of at least 1 child in respect of whom:
(A) a court has granted joint custody or access to the nominating spouse; or
(B) the nominating spouse is subject to a formal maintenance obligation.
[NOTE: For special provisions
relating to domestic violence,
36.1 Clause 840.321:
Omit the clause, substitute:
“840.321 (1) The applicant meets the requirements of subclause (2), (3) or (4).
An applicant meets the requirement of this subclause if the applicant is a member of the family unit of a person (in this clause called ‘the non-dependent holder’) who, having satisfied the primary criteria, is the holder of a Subclass 840 visa.
An applicant meets the requirements of this subclause if:
(a) the applicant is the spouse of the non-dependent holder; and
(b) the relationship between the non-dependent holder and the applicant has ceased; and
(c) 1 or more of the following:
(i) the applicant;
(ii) a member of the family unit of the applicant who has made a combined application with the non-dependent holder;
(iii) a dependent child of the applicant or of the non-dependent holder;
has suffered domestic violence committed by the non-dependent holder.
An applicant meets the requirements of this subclause if:
(a) the applicant is a member of the family unit of the spouse of the non-dependent holder; and
(b) the spouse meets the requirements of subclause (3); and
(c) the applicant has made a combined application with the non-dependent holder; and
(d) the spouse has been granted a Subclass 840 visa.
[NOTE: For special provisions
relating to domestic violence,
37.1 Clause 841.321:
Omit the clause, substitute:
“841.321 (1) The applicant meets the requirements of subclause (2), (3) or (4).
An applicant meets the requirement of this subclause if the applicant is a member of the family unit of a person (in this clause called ‘the non-dependent holder’) who, having satisfied the primary criteria, is the holder of a Subclass 841 visa.
An applicant meets the requirements of this subclause if:
(a) the applicant is the spouse of the non-dependent holder; and
(b) the relationship between the non-dependent holder and the applicant has ceased; and
(c) 1 or more of the following:
(i) the applicant;
(ii) a member of the family unit of the applicant who has made a combined application with the non-dependent holder;
(iii) a dependent child of the applicant or of the non-dependent holder;
has suffered domestic violence committed by the non-dependent holder.
An applicant meets the requirements of this subclause if:
(a) the applicant is a member of the family unit of the spouse of the non-dependent holder; and
(b) the spouse meets the requirements of subclause (3); and
(c) the applicant has made a combined application with the non-dependent holder; and
(d) the spouse has been granted a Subclass 841 visa.
[NOTE: For special provisions
relating to domestic violence,
38.1 Clause 842.321:
Omit the clause, substitute:
“842.321 (1) The applicant meets the requirements of subclause (2), (3) or (4).
An applicant meets the requirement of this subclause if the applicant is a member of the family unit of a person (in this clause called ‘the non-dependent holder’) who, having satisfied the primary criteria, is the holder of a Subclass 842 visa.
An applicant meets the requirements of this subclause if:
(a) the applicant is the spouse of the non-dependent holder; and
(b) the relationship between the non-dependent holder and the applicant has ceased; and
(c) 1 or more of the following:
(i) the applicant;
(ii) a member of the family unit of the applicant who has made a combined application with the non-dependent holder;
(iii) a dependent child of the applicant or of the non-dependent holder;
has suffered domestic violence committed by the non-dependent holder.
An applicant meets the requirements of this subclause if:
(a) the applicant is a member of the family unit of the spouse of the non-dependent holder; and
(b) the spouse meets the requirements of subclause (3); and
(c) the applicant has made a combined application with the non-dependent holder; and
(d) the spouse has been granted a Subclass 842 visa.
[NOTE: For special provisions
relating to domestic violence,
39.1 Clause 843.321:
Omit the clause, substitute:
“843.321 (1) The applicant meets the requirements of subclause (2), (3) or (4).
An applicant meets the requirement of this subclause if the applicant is a member of the family unit of a person (in this clause called ‘the non-dependent holder’) who, having satisfied the primary criteria, is the holder of a Subclass 843 visa.
An applicant meets the requirements of this subclause if:
(a) the applicant is the spouse of the non-dependent holder; and
(b) the relationship between the non-dependent holder and the applicant has ceased; and
(c) 1 or more of the following:
(i) the applicant;
(ii) a member of the family unit of the applicant who has made a combined application with the non-dependent holder;
(iii) a dependent child of the applicant or of the non-dependent holder;
has suffered domestic violence committed by the non-dependent holder.
An applicant meets the requirements of this subclause if:
(a) the applicant is a member of the family unit of the spouse of the non-dependent holder; and
(b) the spouse meets the requirements of subclause (3); and
(c) the applicant has made a combined application with the non-dependent holder; and
(d) the spouse has been granted a Subclass 843 visa.
[NOTE: For special provisions
relating to domestic violence,
40.1 Clause 844.321:
Omit the clause, substitute:
“844.321 (1) The applicant meets the requirements of subclause (2), (3) or (4).
An applicant meets the requirement of this subclause if the applicant is a member of the family unit of a person (in this clause called ‘the non-dependent holder’) who, having satisfied the primary criteria, is the holder of a Subclass 844 visa.
An applicant meets the requirements of this subclause if:
(a) the applicant is the spouse of the non-dependent holder; and
(b) the relationship between the non-dependent holder and the applicant has ceased; and
(c) 1 or more of the following:
(i) the applicant;
(ii) a member of the family unit of the applicant who has made a combined application with the non-dependent holder;
(iii) a dependent child of the applicant or of the non-dependent holder;
has suffered domestic violence committed by the non-dependent holder.
An applicant meets the requirements of this subclause if:
(a) the applicant is a member of the family unit of the spouse of the non-dependent holder; and
(b) the spouse meets the requirements of subclause (3); and
(c) the applicant has made a combined application with the non-dependent holder; and
(d) the spouse has been granted a Subclass 844 visa.
[NOTE: For special provisions
relating to domestic violence,
41.1 Clause 845.321:
Omit the clause, substitute:
“845.321 (1) The applicant meets the requirements of subclause (2), (3) or (4).
An applicant meets the requirement of this subclause if the applicant is a member of the family unit of a person (in this clause called ‘the non-dependent holder’) who, having satisfied the primary criteria, is the holder of a Subclass 845 visa.
An applicant meets the requirements of this subclause if:
(a) the applicant is the spouse of the non-dependent holder; and
(b) the relationship between the non-dependent holder and the applicant has ceased; and
(c) 1 or more of the following:
(i) the applicant;
(ii) a member of the family unit of the applicant who has made a combined application with the non-dependent holder;
(iii) a dependent child of the applicant or of the non-dependent holder;
has suffered domestic violence committed by the non-dependent holder.
An applicant meets the requirements of this subclause if:
(a) the applicant is a member of the family unit of the spouse of the non-dependent holder; and
(b) the spouse meets the requirements of subclause (3); and
(c) the applicant has made a combined application with the non-dependent holder; and
(d) the spouse has been granted a Subclass 845 visa.
[NOTE: For special provisions
relating to domestic violence,
42.1 Clause 866.225:
Omit “4004”, substitute “4003”.
43.1 Clause 4005A:
Omit the clause.
43.2 After clause 4006, insert:
“4006A. (1) The applicant:
(a) both:
(i) is free from tuberculosis or any other communicable disease of a fatal or serious nature that, in the opinion of a Commonwealth medical officer, is a threat to public health in Australia, and is not suspected of having contracted such a disease; and
(ii) if the applicant is a person from whom a Commonwealth medical officer has requested a signed undertaking to present himself or herself to a health authority in the State or Territory of intended residence in Australia for a follow-up medical examination, has provided such an undertaking; and
(b) is free from any other disease or condition that, in the opinion of a Commonwealth medical officer would be a danger to members of the Australian community; and
(c) subject to subclause (2), is free from any disease or condition that, during the applicant’s proposed period of stay in Australia, would, in the opinion of a Commonwealth medical officer:
(i) require significant care or significant treatment (or both); or
(ii) require care or treatment (or both) involving the use of community resources in short supply; or
(iii) prevent the applicant from pursuing the applicant’s intended occupation (if any) in Australia; or
(iv) result in the applicant becoming a significant charge on public funds.
The Minister may waive the requirements of paragraph (1) (c) if the relevant employer has given the Minister a written undertaking that the relevant employer will meet all costs (if any) related to the disease or condition that causes the applicant to fail to meet the requirements of that paragraph.
In subclause (2), ‘
(a) in the case of an applicant to whom the primary criteria apply—of the applicant; or
(b) in the case of an applicant to whom the secondary criteria apply—of the person:
(i) who meets the primary criteria; and
(ii) of whose family unit the applicant is a member.”.
[NOTE: The Note following item 6109 of Schedule 6 should be omitted and the following Note substituted:
“NOTE: If the applicant’s usual occupation is that of medical
practitioner (including specialist medical practitioner), 25 points are to be
deducted:
44.1 Items 8519 and 8520:
Omit the items, substitute:
The holder must enter into the marriage in relation to which the visa was granted within the visa period of the visa.
The relevant person who holds a Subclass 300 visa on the basis of having satisfied the primary criteria must enter into the marriage in relation to which that visa was granted within the visa period of that visa.”.
45.1 Item 3:
Omit the item.
45.2 After item 16, insert:
“16A | Spouses and dependent children of members of the crew of a non-military ship (being spouses and dependent children travelling on the ship) that, in the course of a voyage from a place outside Australia to a place outside Australia, calls at either: (a) a proclaimed port; or
| Passport | No”. |
46.1 Clause 1:
Omit the clause, substitute:
Transit passengers:
(a) who:
(i) are citizens of a country listed in Part 3; or
(ii) hold passports (other than passports that purport to be official passports or diplomatic passports) issued by the authorities of Taiwan; and
(b) who do not leave the airport transit lounge except to continue their journey”.
46.2 Add at the end:
Guests of Government”.
47.1 Amendments as set out in the following table:
Provision amended | Omit: | Substitute: |
Paragraph 2.18 (3) (a) | $50 | $55 |
Paragraph 2.18 (3) (b) | $60 | $65 |
Regulation 5.37 | $260 | $270 |
Paragraph 5.38 (2) (a) | $195 | $200 |
Paragraph 5.38 (2) (b) | $1,950 | $2,000 |
Schedule 1: | ||
| $400 | $550 |
| $1,715 | $2,430 |
| $1,715 | $2,430 |
| $395 | $405 |
| $400 | $550 |
| $400 | $550 |
| $400 | $550 |
| $400 | $550 |
| $165 | $170 |
| $395 | $405 |
| $400 | $550 |
| $400 | $550 |
| $400 | $550 |
| $165 | $170 |
| $395 | $405 |
| $835 | $855 |
| $400 | $550 |
| $400 | $550 |
| $400 | $550 |
| $400 | $550 |
| $400 | $550 |
| $140 | $145 |
| $30 | $35 |
| $1,400 | $1,450 |
| $140 | $145 |
| $140 | $145 |
| $140 | $145 |
| $140 | $145 |
| $105 | $110 |
| $140 | $145 |
| $30 | $35 |
| $135 | $140 |
| $30 | $35 |
| $135 | $140 |
| $400 | $550 |
| $140 | $145 |
| $30 | $35 |
| $135 | $140 |
| $140 | $145 |
| $140 | $145 |
| $50 | $55 |
48.1 For the purposes of this regulation, an application is finally determined when:
(a) it is finally determined within the meaning of subsection 5 (9) of the Act; and
(b) a decision that has been made in respect of the application is not, or is no longer, subject to review under Part 8 of the Act.
48.2 This regulation applies to an application for a Business Skills (Residence) (Class BH), an Extended Eligibility (Temporary) (Class TK), a Family (Residence) (Class AO), or a General (Residence) (Class AS) visa that was made on or after 1 September 1994:
(a) on which no decision had been made before 3 July 1995; or
(b) that had not been finally determined on 3 July 1995.
48.3 For the purposes of an application to which this regulation applies, the Migration Regulations have effect as if:
(a) criteria to the same effect as the criteria inserted into Part 801, 805, 814, 820, 826, 831, 840, 841, 842, 843, 844 or 845, as the case requires, of Schedule 2 to those Regulations by regulation 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40 or 41 had been inserted into those Regulations before the application was made; and
(b) provisions to the same effect as Division 1.5 inserted into those Regulations by regulation 5 of these Regulations had been inserted into those Regulations before the application was made; and
(c) those criteria and provisions had been in force at all relevant times.
(1) In this Division:
(a) in relation to domestic violence committed against an adult:
(i) a person registered as a medical practitioner under a law of a State or Territory providing for the registration of medical practitioners; or
(ii) a person registered as a psychologist under a law of a State or Territory providing for the registration of psychologists; or
(iii) a person who:
(A) is a registered nurse within the meaning of section 3 of the
Health Insurance Act 1973 ; and(B) is performing the duties of a registered nurse; or
(iv) a person who:
(A) is a member of the Australian Association of Social Workers or is recognised by that Association as a person who is eligible to be a member of that Association; and
(B) is performing the duties of a social worker; or
(v) a person who is a court counsellor under the
Family Law Act 1975 ; or(vi) a person holding a position of a kind described in subregulation (2); or
(b) in relation to domestic violence committed against a child:
(i) a person referred to in paragraph (a); or
(ii) an officer of the child welfare or child protection authorities of a State or Territory;
The positions referred to in subparagraph (a) (vi) of the definition of “competent person” in subregulation (1) are:
(a) manager or coordinator of:
(i) a women’s refuge; or
(ii) a crisis and counselling service that specialises in domestic violence; or
(b) a position with:
(i) decision-making responsibility for:
(A) a women’s refuge; or
(B) a crisis and counselling service that specialises in domestic violence;
that has a collective decision-making structure; and
(ii) responsibility for matters concerning domestic violence within the operations of that refuge or crisis and counselling service.
(1) A reference in these Regulations to a person having suffered domestic violence is a reference to a person being taken, under regulation 1.23, to have suffered domestic violence.
A reference in these Regulations to a person having committed domestic violence in relation to a person is a reference to a person being taken, under regulation 1.23, to have committed domestic violence in relation to that person.
(1) For the purposes of these Regulations:
(a) a person (“the alleged victim”) is taken to have suffered domestic violence; and
(b) another person (“the alleged perpetrator”) is taken to have committed domestic violence in relation to the alleged victim;
if:
(c) on the application of the alleged victim, a court has granted an injunction under paragraph 114 (1) (a), (b) or (c) of the
Family Law Act 1975 against the alleged perpetrator; or(d) a court has made an order under a law of a State or Territory against the alleged perpetrator for the protection of the alleged victim from violence; or
(e) a court has convicted the alleged perpetrator of, or has recorded a finding of guilt against the alleged perpetrator in respect of, an offence of violence against the alleged victim; or
(f) the alleged victim and the alleged perpetrator have made a joint undertaking to a court in relation to proceedings in which an allegation is before the court that the alleged perpetrator has committed an act of violence against the alleged victim; or
(g) if the alleged victim is a person referred to in subregulation (2)—the alleged victim or another person on the alleged victim’s behalf presents evidence in accordance with regulation 1.24 that:
(i) the alleged victim has suffered relevant domestic violence; and
(ii) the alleged perpetrator has committed that relevant domestic violence.
In paragraph (1) (g):
(a) the persons referred to are the following:
(i) a spouse of the alleged perpetrator;
(ii) a dependent child of:
(A) the alleged perpetrator; or
(B) the spouse of the alleged perpetrator; or
(C) both the alleged perpetrator and his or her spouse; or
(D) a person in an interdependent relationship with the alleged perpetrator;
(iii) a member of the family unit of a spouse of the alleged perpetrator (being a member of the family unit who has made a combined application for a visa with the spouse);
(iv) a person who is in an interdependent relationship with the alleged perpetrator; and
(b) a reference to relevant domestic violence is a reference to violence against the alleged victim or his or her property that causes the alleged victim, or a member of the alleged victim’s family, to fear for, or to be apprehensive about, the alleged victim’s personal well-being or safety.
(1) The evidence referred to in paragraph 1.23 (1) (g) is:
(a) a statutory declaration under regulation 1.25 (which deals with statutory declarations by or on behalf of alleged victims) together with:
(i) a statutory declaration under regulation 1.26 (which deals with statutory declarations by competent persons); and
(ii) a copy of a record of an assault on the alleged victim allegedly committed by the alleged perpetrator, being a record kept by a police service of a State or Territory; or
(b) a statutory declaration under regulation 1.25, together with 2 statutory declarations under regulation 1.26.
A person must not submit, for the purposes of an application that relies on this Division, 2 statutory declarations by competent persons who both have a qualification specified in:
(a) the same subparagraph of paragraph (a) of the definition of “competent person”; or
(b) subparagraph (b) (ii) of that definition.
(1) A statutory declaration under this regulation must be made by:
(a) the spouse of the alleged perpetrator; or
(b) if the alleged perpetrator is in an interdependent relationship with a person—that person.
A statutory declaration under this regulation that is made by a person who alleges that he or she is the victim of relevant domestic violence (within the meaning of paragraph 1.23 (2) (b)) must:
(a) set out the allegation; and
(b) name the person alleged to have committed the relevant domestic violence.
A statutory declaration under this regulation that is made by a person who alleges that another person is the victim of relevant domestic violence (within the meaning of paragraph 1.23 (2) (b)) must:
(a) name that other person; and
(b) set out the allegation; and
(c) identify the relationship of the maker of the statutory declaration to that other person; and
(d) name the person alleged to have committed the relevant domestic violence; and
(e) set out the evidence on which the allegation is based.
A statutory declaration under this regulation:
(a) must be made by a competent person; and
(b) must set out the basis of the competent person’s claim to be a competent person for the purposes of this Division; and
(c) must state that, in the competent person’s opinion, relevant domestic violence (within the meaning of paragraph 1.23 (2) (b)) has been suffered by a person; and
(d) must name the person who, in the opinion of the competent person, has suffered that relevant domestic violence; and
(e) must name the person who, in the opinion of the competent person, committed that relevant domestic violence; and
(f) must set out the evidence on which the competent person’s opinion is based.
A statutory declaration made under regulation
1.25 or 1.26 is not admissible in evidence before a court or tribunal other
than in a prosecution of the maker of the statutory declaration under section
11 of the
[
[
110.211 The applicant:
(a) has turned 18; and
(b) is in an interdependent relationship with a person who has turned 18 and is:
(i) an Australian citizen; or
(ii) an Australian permanent resident; or
(iii) an eligible New Zealand citizen.
110.212 The person referred to in paragraph 110.211 (b) has sponsored the applicant.
110.221 The applicant continues to satisfy the criterion in clause 110.211.
110.222 The sponsorship referred to in clause 110.212 has been approved by the Minister and is still in force.
110.223 The applicant continues to be in an interdependent relationship with the Australian citizen, Australian permanent resident or eligible New Zealand citizen with whom the applicant was in an interdependent relationship at the time of the application.
110.224 The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4008 and 4009.
110.225 If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002, 5004, 5006, 5008 and 5009.
110.226 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.
110.227 (1) Each member of the family unit of the applicant who is an applicant for an Interdependency (Migrant) (Class BI) visa:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4008 and 4009; and
(b) if he or she has previously been in Australia, satisfies special return criteria 5001, 5002, 5004, 5006, 5008 and 5009.
Each member of the family unit of the applicant who is not an applicant for an Interdependency (Migrant) (Class BI) visa satisfies:
(a) public interest criteria 4001, 4002, 4003 and 4004; and
(b) public interest criteria 4007 and 4008, unless the Minister is satisfied that it would be unreasonable to require that person to undergo assessment in relation to those criteria.
110.228 If:
(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.
110.311 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 110.21.
110.312 The sponsorship referred to in clause 110.212 of the person who satisfies the primary criteria includes sponsorship of the applicant.
110.321 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 110 visa.
110.322 The sponsorship referred to in clause 110.312 has been approved by the Minister and is still in force.
110.323 The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4008 and 4009.
110.324 If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002, 5004, 5006, 5008 and 5009.
110.325 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.
110.326 If the applicant is the dependent child of a person who is a 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.
110.411 The applicant must be outside Australia when the visa is granted.
110.511 Permanent visa permitting the holder to travel to and enter Australia for a period of 4 years from the date of grant.
110.611 First entry must be made before a date specified by the Minister for the purpose.
110.612 If the applicant meets the primary criteria, condition 8502 may be imposed.
110.613 If the applicant meets the secondary criteria, either or both of conditions 8502 and 8515 may be imposed.
110.711 Visa label affixed to a valid passport.
____________________________________________________________
1. Notified in the
Commonwealth of Australia Gazette on 6 June 1995.2. Statutory Rules 1994 No. 268 as amended by 1994 Nos. 280, 322, 376 and 452; 1995 Nos. 3 and 38.
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