I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and pursuant to section 4 of the Acts Interpretation Act 1901, hereby make the following Regulations under the Migration Act 1958.
Dated 14 December 1989.
BILL HAYDEN
Governor-General
By His Excellency’s Command,
ROBERT RAY
Minister of State for Immigration,
Local Government and Ethnic Affairs
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PART 1—PRELIMINARY
Citation
These Regulations may be cited as the Migration (Criteria and General) Regulations.
Interpretation
(1) In these Regulations, unless the contrary intention appears:
“adopted”, in relation to a person, means adopted:
(a) before the person adopted turned 18; and
(b) under formal arrangements by which another person assumed the custody or guardianship of the person;
under the law of any place (whether in Australia or overseas) relating to the adoption of children;
“aged dependent relative”, in relation to a person who is:
(a) an applicant for a visa or an entry permit; or
(b) an Australian citizen resident in Australia; or
(c) an Australian permanent resident;
means a relative who:
(d) has never married, or is widowed, divorced or formally separated; and
(e) has been dependent on that person for a reasonable period, and remains so dependent; and
(f) is old enough to be granted an age pension under the Social Security Act 1947;
“AIDAB” means the Australian International Development Assistance Bureau within the Department of Foreign Affairs and Trade;
“assisted student” means:
(a) a private student who has been granted entry to Australia for study or training in Australia under the Private Overseas Student Scheme administered by the Department of Employment, Education and Training; or
(b) a student granted entry to Australia for study or training in Australia under the Equity and Merit Scholarship Scheme administered by AIDAB; or
(c) a student granted entry to Australia for study or training in Australia under the sponsorship of AIDAB;
“assurance of support”, in relation to an application for the grant of a visa or an entry permit, means an assurance of support under Part IV of the Migration Regulations;
“Australian permanent resident” means a non-citizen other than an illegal entrant who, being usually resident in Australia, is:
(a) the holder of:
(i) a valid permanent entry permit; or
(ii) a return visa that is in force; or
(b) a person who:
(i) is likely to remain permanently in Australia; and
(ii) is a person, or is included in a class of persons, referred to in paragraph (e) of the definition of ‘exempt non-citizen’ in subsection 5 (1) of the Act; or
(c) a person, other than a person to whom subparagraph (b) (ii) applies, whose continued presence in Australia is not subject to a limitation as to time imposed by law;
“child for adoption” means a person resident in an overseas country who has not turned 18 in the case where:
(a) an unmarried person who is an Australian citizen or an Australian permanent resident, or spouses at least one of whom is an Australian citizen or an Australian permanent resident, have undertaken in writing to adopt the child; and
(b) the child welfare authorities of the relevant State or Territory in Australia have approved that person or those spouses as suitable adoptive parents for that child; and
(c) the relevant authorities of the overseas country have approved the departure of the child for adoption in Australia or in the custody of the adoptive parents;
“close relative”, in relation to a person, means:
(a) the spouse of the person; or
(b) a child, adopted child, parent, brother or sister of the person or a step-relative within the same degree of relationship;
“CTC” means a Central Committee within the meaning of Part II, III, IV, V or VIa of the Tradesmen’s Rights Regulation Act 1946;
“custody”, in relation to a child, means:
(a) the right to have the daily care and control of the child; and
(b) the right and responsibility to make decisions concerning the daily care and control of the child;
“de facto spouse” means a person who is living with another person of the opposite sex as the spouse of the other person on a genuine domestic basis although not legally married to the other person;
“dependent”, in relation to a person, means wholly or substantially dependent on another person for financial, psychological or physical support;
“dependent child”, means the natural or adopted child of a person (other than a child who is a spouse or engaged to be married), being a child:
(a) who:
(i) has not turned 18; or
(ii) has turned 18 and is dependent on that person;
and is wholly or substantially in the daily care and control of that person; or
(b) who is wholly or substantially incapacitated for work because of a physical or mental impairment;
“equivalent”, in relation to a class of entry permits, means specified in Schedule 3 by the same words as those specifying a class of visas in Schedule 2;
“extended eligibility entry permit” means any of the following entry permits:
(a) extended eligibility (spouse) entry permit;
(b) extended eligibility (family) entry permit;
(c) extended eligibility (economic) entry permit;
(d) extended eligibility (other) entry permit;
(e) extended eligibility (limited) entry permit;
“formal course” means:
(a) a course of study at a primary or secondary school approved, or within a class of schools approved, by the Minister in writing for the purposes of this provision; or
(b) a course of study at a technical and further education institution, or at a higher education institution, leading to a formal award such as a degree or diploma; or
(c) any course of study approved in writing by the Minister of State for Employment, Education and Training as a formal course;
“humanitarian visa” means any of the following visas:
(a) refugee visa;
(b) in-country special humanitarian program visa;
(c) global special humanitarian program visa;
(d) emergency rescue visa;
(e) women at risk visa;
(f) camp clearance visa;
(g) Lebanese concession visa;
and “humanitarian entry permit” means an entry permit of any equivalent class;
“internal review” means review by a review officer of a decision of the Minister as referred to in section 61 of the Act;
“labour agreement” means a formal agreement entered into between the Minister or the Minister of State for Employment, Education and Training and a person or organisation in Australia under which an employer is authorised to recruit persons (other than any holder of a permanent entry permit) to be employed by that employer in Australia;
“nomination” means a nomination in accordance with the relevant approved form;
“non-formal course” means a course of study or training other than a formal course;
“NOOSR” means the National Office of Overseas Skills Recognition within the Department of Employment, Education and Training;
“orphan” means a child where:
(a) both parents are dead or their whereabouts are unknown; or
(b) one parent is dead and the whereabouts of the other parent are unknown; or
(c) one parent is dead and the other is permanently incapacitated and therefore incapable of caring for the child; or
(d) both parents are alive but incapable of caring for the child;
and it is in the best interests of the child to settle with relatives or a guardian in Australia;
“orphan relative”, in relation to an Australian citizen or an Australian permanent resident usually resident in Australia, means an unmarried orphan who has not turned 18 and who is a relative of that citizen or resident;
“parent” includes an adoptive parent and a step-parent;
“permanent entry visa” means an entry visa that has effect, on and after the holder’s entry to Australia, as if it were a permanent entry permit;
“points system” means:
(a) in relation to an application for a visa—the system of assessment under Subdivision B of Division 1a of Part II of the Act; and
(b) in relation to an application for an entry permit—the system of assessment under section 11x of the Act;
“priority list of occupations” means a list of occupations declared by the Minister, by notice published in the Gazette, to be a priority list of occupations;
“public interest criteria”, in relation to a person who seeks to enter, or to remain in, Australia under a visa or an entry permit, means the following criteria, namely, the person:
(a) is of good character;
(b) does not have outstanding debts to the Commonwealth unless the Minister is satisfied that appropriate arrangements have been made for payment;
(c) is determined by the Minister acting personally not to be likely to become involved in activities disruptive to, or violence threatening harm to, the Australian community or a group within the Australian community;
(d) is not excluded from Australia, at the time of the application, by the operation of regulation 36;
(e) in the case of a person seeking to enter Australia for a period of not less than 12 months (other than a person seeking to do so under a spouse visa)—is likely to become established in Australia without undue personal difficulty and without imposing undue difficulties or costs on the Australian community;
(f) in the case of a person applying for, or seeking to be included in, a permanent entry permit:
(i) intends to live permanently in Australia; and
(ii) if the person seeks entry to Australia as a member of a family unit—satisfies the Minister he or she could obtain support in Australia from other members of the family unit;
“relative”, in relation to a person, means:
(a) in the case of an applicant for a visa or an entry permit as a refugee:
(i) a close relative; or
(ii) a grandparent, grandchild, aunt, uncle, niece or nephew, or a step-relative within the same degree of relationship; or
(iii) a first or second cousin; or
(b) in any other case—a person within a degree of relationship referred to in paragraph (a), other than a first or second cousin;
“restricted refugee visa” means a visa of any of the following classes:
(a) refugee A (restricted) visa;
(b) refugee B (restricted) visa;
(c) refugee C (restricted) visa;
(d) refugee D (restricted) visa;
and “restricted refugee entry permit” means an entry permit of any equivalent class;
“return endorsement” means a return endorsement under the Act as in force immediately before 18 December 1987;
“return visa” means a visa granted to permit the holder to travel to Australia on any specified number of occasions, or during any specified period, after his or her departure from Australia;
“settled”, in relation to an Australian citizen or an Australian permanent resident, means lawfully resident in Australia for a reasonable period;
“special need relative”, in relation to an Australian citizen or an Australian permanent resident usually resident in Australia, means a relative who is willing and able to give substantial continuing assistance to the citizen or resident where:
(a) the citizen or resident has a permanent or long-term need for assistance because of death, disability, prolonged illness or other serious circumstances affecting the citizen or resident personally, or a member of his or her family unit;
(b) the assistance cannot reasonably be obtained from:
(i) any other relative of the citizen or resident, being a relative who is an Australian citizen or an Australian permanent resident; or
(ii) welfare, hospital, nursing or community services in Australia;
“sponsor” means:
(a) a natural person, being a person who has turned 18 and is an Australian citizen or an Australian permanent resident; or
(b) an organisation in Australia;
who or which has been approved by the Minister for the purpose of undertaking a sponsorship and has done so;
“sponsorship”, in relation to an applicant for a visa or an entry permit, means an agreement entered into by a sponsor:
(a) not later than a reasonable period after the approval of the sponsor by the Minister; and
(b) in accordance with the relevant approved form;
by which the sponsor:
(c) if the application is for a visa intended to have effect as, or to lead to the grant of, a permanent entry permit, or for a permanent entry permit—undertakes to assist the applicant, to the extent necessary, financially and in respect of accommodation, during the period of 12 months immediately following the applicant’s entry into Australia under that permit; or
(d) if the application is for a temporary entry visa or a temporary entry permit—accepts responsibility for:
(i) all financial obligations incurred by the applicant arising out of his or her stay in Australia; and
(ii) compliance by the applicant with all relevant legislation and awards in relation to any employment entered into by the applicant in Australia; and
(iii) unless the Minister otherwise decides, compliance by the applicant with the conditions under which he or she was allowed to enter Australia;
“spouse” means:
(a) a person who has entered into a marriage recognised as valid for the purposes of the Act, where:
(i) the marriage has not been ended by divorce or the death of one of the parties; and
(ii) the parties are not living separately and apart on a permanent basis; or
(b) a de facto spouse;
“student visa” means a visa of the class specified in any of items 39 to 44 inclusive in Schedule 2 and “student entry permit” means an entry permit of any equivalent class;
“temporary entry visa” means an entry visa that has effect, on and after the holder’s entry to Australia, as if it were a temporary entry permit;
“temporary resident entry permit” means an entry permit of the class specified in any of items 13 or 15 to 28 inclusive or 30 to 38
inclusive in Part 1 in Schedule 3 or in item 15 in Part 3 in that Schedule;
“temporary resident visa” means any of the following visas:
(a) a visa of the class specified in any of items 13 or 15 to 28 inclusive or items 30 to 38 inclusive in Part 1 in Schedule 2;
(b) a restricted passport visa;
“the Act” means the Migration Act 1958;
“trainee” means a person:
(a) in respect of whom the Minister of State for Employment, Education and Training has approved participation in occupational training in Australia; and
(b) who has been granted a visa or an entry permit to enable such participation;
“visitor visa” means a visa of the class specified in any of items 45 to 50 inclusive in Part 1 in Schedule 2;
“working age parent” means a parent other than an aged parent.
(2) In these Regulations, a reference to a permanent entry permit granted after entry to Australia is a reference to an entry permit of the class specified in any of items 1 to 9 (inclusive) in Part 2 in Schedule 3.
(3) In these Regulations, a reference to a temporary entry permit granted after entry to Australia is a reference to a temporary entry permit of the class referred to in any of regulations 126 to 132 inclusive.
(4) In these Regulations, a reference to a prescribed disease or a prescribed physical or mental condition is a reference to such a disease or physical or mental condition prescribed under regulation 176.
(5) In these Regulations, a reference to a form by number is a reference to the form in Schedule 6 which bears that number.
Interpretation—balance of family test
For the purposes of these Regulations:
(a) an aged parent is to be taken to satisfy the balance of family test where, in the circumstances prescribed under subsection 11zd (3) of the Act, the balance of the aged parent’s family is to be taken to be in Australia for the purposes of section 11zd of the Act; and
(b) a working age parent is to be taken to satisfy that test where, if the parent was an aged parent, the balance of his or her family would, in those prescribed circumstances, be taken to be in Australia for the purposes of that section.
Interpretation—good character
(1) For the purposes of these Regulations, a person is to be taken not to be of good character if:
(a) in the case of an applicant for a visa or an entry permit of any class:
(i) the applicant has been assessed by the competent Australian authorities to be a risk to Australian national security; or
(ii) the applicant:
(A) has at any time been convicted of a crime and sentenced to death, to imprisonment for life or to imprisonment for a period of not less than one year; or
(B) has at any time been convicted of 2 or more crimes and sentenced to imprisonment for a period totalling not less than one year; or
(C) has at any time been charged with a crime and either found guilty of having committed the crime while of unsound mind or acquitted on the ground that the crime was committed while the person was of unsound mind; or
(D) has been deported from another country; or
(E) has been excluded from another country in the circumstances prescribed for the purposes of subparagraph 11a (1) (d) (vi) of the Act; or
(iii) the applicant has, in the reasonable belief of the Minister, been involved in activities indicating contempt, or disregard, for the law or for human rights; and
(b) in the case of an applicant for an entry visa having effect as a permanent entry permit, or for a permanent entry permit—the applicant has at any time been convicted of an offence (other than an offence referred to in paragraph (a)) in circumstances indicating, in the reasonable belief of the Minister, habitual contempt, or disregard, for the law or for human rights.
(2) A document is not to be considered for the purposes of subparagraph (a) (i) if it bears a date of issue later than 12 months after the date of the relevant application.
Interpretation—guardianship
For the purposes of these Regulations, a person who is the guardian of a child has responsibility for the long-term welfare of the child and has, in relation to the child, all the powers, rights and duties that are vested by law or custom in the guardian of a child, other than:
(a) the right to have the daily care and control of the child; and
(b) the right and responsibility to make decisions concerning the daily care and control of the child.
Interpretation—labour market requirements
An application for a visa or an entry permit meets labour market requirements if the Minister is satisfied that:
(a) the application is in accordance with a labour agreement; or
(b) in respect of the employment to which the application relates:
(i) no Australian permanent resident is readily available who has suitable qualifications and experience; and
(ii) if appropriate—relevant employer and employee organisations have been consulted.
Interpretation—member of family unit
(1) In these Regulations, a reference to a member of a family unit, in relation to an applicant for a visa or an entry permit (other than a student visa or a student entry permit) means:
(a) a spouse of the applicant, where the relationship is a genuine and continuing relationship and the parties are not legally separated; and
(b) any dependent children of the applicant or of a spouse of the applicant; and
(c) any dependent children of such a dependent child; and
(d) any relative of the applicant or of a spouse of the applicant who:
(i) does not have a surviving spouse or any other relative (other than the applicant) able to care for that relative in the relevant country; and
(ii) is usually resident in the applicant’s household; and
(iii) is dependent on the applicant; and
(e) any other relative of the applicant or of a spouse of the applicant who:
(i) has never married or is widowed, divorced or separated; and
(ii) is usually resident in the applicant’s household; and
(iii) is dependent on the applicant.
(2) In these Regulations, a reference to a member of a family unit, in relation to an applicant for a student visa or a student entry permit, means:
(a) a spouse of the applicant; or
(b) any dependent children of the applicant or of that spouse who are unmarried and have not turned 18; or
(c) any person who has entered into an agreement to marry the applicant if the applicant and that person intend that the marriage shall take place not later than 3 months after the entry of the person to Australia.
Interpretation—net employment benefit
Where:
(a) an applicant for a visa or an entry permit seeks to enter Australia to undertake an activity individually or in association with a group; and
(b) the Minister is satisfied that the undertaking of the activity would lead to greater employment of Australian citizens or Australian
permanent residents (or both) than if a person normally resident in Australia undertook the activity;
the entry of the applicant to Australia is to be taken to confer a net employment benefit on Australia.
Interpretation—remaining relative
(1) In these Regulations, a reference to a remaining relative is a reference, in relation to a person who is an Australian citizen or an Australian permanent resident usually resident in Australia, to a relative of the person, being a brother, sister or non-dependent child:
(a) if unmarried—who has no parent, brother, sister or non-dependent child resident outside Australia; or
(b) if married:
(i) who has no relative, being a parent, brother, sister or non-dependent child, resident outside Australia; and
(ii) whose spouse (if included in the application) has no such relative resident outside Australia.
(2) In relation to an Australian citizen or Australian permanent resident referred to in subregulation (1), a person who is a brother, sister or non-dependent child is to be regarded as a remaining relative if:
(a) the total number of relatives of the person (including relatives of any spouse) who are not:
(i) Australian citizens or Australian permanent residents; or
(ii) residents of the country in which the person usually resides;
does not exceed 3; and
(b) the person (and any spouse) have had no contact with any such relatives during a reasonable period preceding the day of the relevant application under the Act.
(3) In this regulation, a reference to a brother, sister or non-dependent child includes a reference to a step-relative within the same degree of relationship.
PART 2—PROVISIONS IN RELATION TO VISAS AND ENTRY PERMITS
Division 1—Visas
Classes of visas
For the purposes of subsection 11d (2) of the Act, the classes of visas are:
(a) the classes of visas specified in Column 2 in Schedule 2; and
(b) a class of visas specified in Division 3 of this Part or in Division 4 of Part 3.
Application for visa outside Australia
(1) Subject to this regulation, an application for a visa may be lodged outside Australia at any diplomatic, consular or migration office maintained by or on behalf of the Commonwealth outside Australia:
(c) by leaving it at that office with a person employed at that office and authorised to receive such documents.
(2) An application for a visa that is intended to have effect as a temporary entry permit, or in relation to which it is intended that a temporary entry permit will be granted, may not be lodged at any place in the Republic of South Africa unless:
(a) the applicant is the holder of a diplomatic or official passport and is an applicant for a diplomatic visa; or
(b) the applicant’s proposed visit to Australia has been initiated or sponsored by the Commonwealth; or
(c) the applicant’s proposed visit to Australia is considered by the Minister to be in the national interest of Australia; or
(d) the applicant is applying for a student (AIDAB) visa or a student (Equity and Merit Scheme) visa; or
(i) being a citizen or permanent resident of Botswana, Swaziland, Lesotho, Angola, Mozambique, Zambia or Malawi; or
(ii) not being a citizen or permanent resident of the Republic of South Africa;
lodges the application by post; or
(f) the Minister is satisfied that there are exceptional compassionate or humanitarian grounds for granting the visa in the Republic of South Africa.
(3) In relation to the lodgment outside Australia of an application for a visa, the following provision applies, namely, an application for a visitor visa or a temporary resident visa by a person in the Republic of South Africa, if lodged by post, is not to be taken to be duly lodged unless posted to the Australian High Commission, London.
Application for visa within Australia
Subject to regulation 34, an application for a visa may be lodged in Australia at any office of the Department in the State or Territory where the applicant resides:
(c) by leaving it at that office with a person employed at that office and authorised to receive such documents.
Grant of visa
(1) A visa granted by the Minister under section 11e of the Act:
(b) is to be expressed to permit the holder to travel to Australia:
(i) on a single occasion; or
(ii) on not more than a specified number of occasions; or
(iii) on any number of occasions; and
(c) is to be expressed to continue in force until the expiry of the day on which, or period at the end of which, the visa is expressed to expire; and
(d) may set out as provided under this Division, either in the visa or in a document to be given to the applicant on the grant of the visa, any condition subject to which the visa is granted.
(2) A visa specified:
(a) in any of items 13 to 50 inclusive in Part 1 in Schedule 2—is not to be granted as an entry visa having effect as a permanent entry permit; or
(b) in any of the following items:
(i) items 1 to 12 inclusive in Part 1 in Schedule 2; or
(ii) items 51 to 55 inclusive in that Part; or
(iii) items 1 to 7 inclusive in Part 2 in that Schedule; or
(iv) items 1 to 4 inclusive in Part 3 in that Schedule;
is not to be granted except as an entry visa having effect as a permanent entry permit.
(3) For the purposes of paragraph (1) (a), where the Minister grants a visa of a class specified in these Regulations, the relevant class of visas may be identified by the code number specified in a column in Schedule 2.
Prescribed notification—paragraph 11e (3) (a) of the Act
Where:
(a) the Minister has given to an applicant for a visa written notice that the Minister proposes to grant the visa; and
(b) there has been a material change in the circumstances of the applicant of a kind referred to in subparagraph 11e (3) (a) (ii) of the Act since the application was made;
the applicant must, unless he or she has already notified the Minister in writing of the material change, notify the Minister in writing of that material change not later than 30 days after receiving the notice.
Recording and evidencing of visas
(1) Where the Minister grants a visa to a person, the issue of the visa is to be recorded as follows:
(a) if the visa is issued manually:
(i) by entering in the visa register kept at the office maintained by or on behalf of the Department at which the visa is issued, the full name of the person to whom the visa is granted and the day on which it is issued; and
(ii) by fixing the visa in the passport or other travel document of the person to whom the visa is granted; or
(b) if the visa is issued by a computerised system:
(i) by entering in the computerised record at that office the full name of the person to whom the visa is granted and the day on which it is issued; and
(ii) by fixing the visa in the passport or other travel document of the person to whom the visa is granted.
(2) An entry made as referred to in subregulation (1) in relation to the issue of a visa is evidence that the visa was issued to the person and on the date specified in the entry.
Effect and operation of visas
(1) A visa granted by the Minister comes into force:
(a) if a day of effect is specified in the visa—on that day; or
(b) if no day of effect is specified—on the day on which the visa is granted.
(2) A valid visa ceases to be in force:
(a) if the period in respect of which the visa was granted expires; or
(b) if the visa was granted subject to the condition that the visa would lapse if a requirement was not met on or before a specified day and the requirement is not so met—on the expiry of that specified day; or
(c) if the Minister determines that the holder has failed to comply with a terminating condition subject to which the visa was granted—on the day on which the holder is notified of the determination; or
(d) if the visa is cancelled—on the day of the cancellation.
(3) The holder of a return visa, Class A, is entitled, under the visa, to travel to Australia on any number of occasions until the end of the period of 3 years immediately following the holder’s first entry to Australia under an entry visa having effect as a permanent entry permit, or a permanent entry permit.
(4) The holder of a return visa, Class B, is entitled, under the visa, to travel to Australia on any number of occasions until:
(a) the end of:
(i) the period of 5 years immediately following the grant of the visa; or
(ii) such lesser period as the Minister may decide; or
(b) the expiry of the passport to which the visa relates;
whichever first occurs.
(5) The holder of a return visa, Class C, is entitled, under the visa, to travel to Australia on any number of occasions until:
(a) the end of the period of 12 months immediately following the grant of the visa; or
(b) the expiry of the passport to which the visa relates;
whichever first occurs.
(6) The holder of a return visa, Class D, is entitled, under the visa, to travel to Australia once only within the period of 3 months immediately following the grant of the visa.
(7) The holder of a return visa, Class E, is entitled, under the visa, to travel to Australia once before the expiry of the passport to which the visa relates.
(8) In subregulation (2), “terminating condition” means any of the following conditions:
(a) that the holder is not to arrive in Australia, or to enter Australia, before the arrival or entry of a specified person;
(b) that the holder is not to perform any work without the permission in writing of the Secretary;
(c) that the holder is not to perform any work for payment;
(d) that the holder is not to undertake formal studies;
(e) that the holder satisfies course requirements, and maintains a valid enrolment, at the institution where he or she is following a course of study;
(f) that the holder is to leave Australia by a specified carrier on, or not later than, a specified date.
Conditions in connection with grant of visas
17. (1) The conditions that may be imposed in connection with the grant of a visa of any class are, in addition to the conditions specified in subsection 11d (4) of the Act, the following conditions:
(a) the condition that the holder of the visa is not to marry before entering Australia;
(b) the condition that the holder of the visa is not to arrive in Australia, or to enter Australia, before the arrival in Australia, or entry to Australia, of a person specified in the visa;
(c) the condition that the holder is to leave Australia by specified transportation on a specified day or within a specified period;
(d) the condition that an entry visa that has effect as an entry permit under section 10 of the Act is not to be taken to be a valid temporary entry permit for the purposes of section 11zd of the Act;
(da) the condition that a temporary entry permit granted to the holder of the visa is not to be taken to be a valid temporary entry permit for the purposes of section 11zd of the Act;
(e) the condition that the holder is not to change details of times and places of engagements to be undertaken in Australia, as submitted in relation to the application for the visa, without the prior permission in writing of the Secretary;
(f) the condition that the holder is not to undertake any course of formal study or training while in Australia;
(g) in the case of a domestic worker (diplomatic or consular) visa or a domestic worker (overseas executive) visa:
(i) the condition that the holder is not to undertake employment except in the household of the employer who is his or her sponsor in relation to the visa; and
(ii) the condition that the holder is not to remain in Australia after the permanent departure of that employer;
(h) in the case of a student visa—the condition that the holder satisfies course requirements, and maintains a valid enrolment, at the institution where he or she is following a course of study;
(i) in the case of a return visa granted in emergency in accordance with regulation 19—the condition that the visa ceases to have effect on a specified day if the claim to be an Australian permanent resident is not substantiated;
(j) the condition that the holder is not to be granted an entry permit other than a refugee (after entry) entry permit that has effect as a permanent entry permit;
(k) the condition that the holder is not to be granted an entry permit other than a refugee A (restricted) entry permit or a refugee B (restricted) entry permit;
(l) the condition that the holder must notify the Secretary, not earlier than 7 days before, and not later than the day of, the expiry of the visa, of the holder’s place of residence in Australia by posting the notification to the Head Office of the Department of Immigration, Local Government and Ethnic Affairs in the Australian Capital Territory;
(m) the condition that the holder is not to become involved in activities disruptive to, or violence threatening harm to, the Australian community or a group within the Australian community;
(n) the condition that the holder is to be assessed, after arrival in Australia, within a period specified by the Minister when granting the visa, in respect of public interest criteria and prescribed health criteria.
(2) Where the holder of a visa refuses or fails to comply with a condition subject to which the visa was granted, the breach of the condition is a ground for the cancellation of the visa.
(3) Where, in accordance with this Division, a condition to which a visa is subject is to be set out in the visa, the condition may be so set out in a manner, or in accordance with a notation, approved by the Minister in writing for that class of visas.
Mandatory conditions for grant of visas
(1) A visa of a class referred to in Column 2 of an item in Schedule 5 must not be granted unless granted subject to the condition referred to in Column 3 of that item.
(2) In Schedule 5, a class of visas is referred to by the item number specified in relation to that class of visas in Column 1 in Schedule 2.
Grant of return visa in emergency (Australian permanent resident)
(1) Where:
(a) an applicant for a return visa claims to have been an Australian permanent resident immediately before going overseas; and
(b) the applicant is unable to provide satisfactory evidence to substantiate that claim; and
(c) the Minister, on consideration of a written statement by the applicant, is satisfied:
(i) that the applicant has urgent and compelling reasons for travelling to Australia before the claim can be substantiated; and
(ii) that the entry to Australia, before the claim can be substantiated, of the person who has applied for the visa would not be prejudicial to the interests of Australia; and
(d) there are reasonable grounds for believing that the claim can be substantiated; and
(e) there is no evidence that the applicant is not entitled to be granted a visa or an entry permit on any ground referred to in regulation 36;
the Minister may grant the return visa.
(2) A return visa granted in accordance with subregulation (1) is to be granted subject to the condition that the visa (or an entry permit granted on presentation of the visa on arrival in Australia) ceases to have effect on a specified day if the claim to be an Australian permanent resident is not substantiated on or before that day.
Reconsideration of application that is put aside
(1) Where:
(a) the Minister puts aside an application for a visa in accordance with subsection 11m (3) of the Act; and
(b) the Minister subsequently gives a notice under section 11n (2) of the Act specifying the pass mark in relation to that class of visas;
the Minister must, on giving the notice, reconsider the application.
(2) The reconsideration is to involve comparing the applicant’s score with the pass mark specified in the notice but is not to involve reassessing that score.
(3) In spite of subregulation (1), the Minister is not to reconsider an application more than 3 times.
Division 2—Entry permits
Classes of entry permits
(1) For the purposes of paragraph 11p (2) (a) of the Act, the classes of entry permits are:
(a) the classes of entry permits specified in Column 2 in Schedule 3; and
(b) the classes of entry permits specified in Division 4, 5 and 6 respectively of Part 3.
Application for entry permit
Subject to this regulation, an application for an entry permit is in accordance with these Regulations:
(a) where the applicant applies after entering Australia:
(i) if the application is in accordance with the form approved by the Minister for the purposes of this provision; and
(ii) if the relevant fee has been paid; and
(iii) if the applicant produces to an officer the passport or other document produced by the applicant for the purposes of his or her entry to Australia; or
(b) where the applicant applies before entering Australia—if the applicant presents to the Minister a valid visa with respect to the applicant’s travel to Australia.
Lodgment in Australia of application for entry permit
Subject to regulation 34, an application for an entry permit may be lodged in Australia at any office of the Department in the State or Territory where the applicant resides:
(c) by leaving it with a person employed at that office and authorised to receive such documents.
Grant of entry permit
(1) An entry permit granted by the Minister under section 11q of the Act:
(b) is to be expressed to permit the holder to enter Australia and to remain in Australia, or to remain in Australia; and
(c) may set out as provided under this Division, either in the entry permit or in a document to be given to the applicant on the grant of the entry permit, any condition subject to which the entry permit is granted; and
(d) in the case of a temporary entry permit:
(i) may specify the period during which it is to have effect; and
(ii) may be expressed to authorise the holder to remain in Australia only for that period.
(2) An entry permit specified:
(a) in any of items 13 to 50 inclusive in Part 1 in Schedule 3 or in any of items 23 to 27 (inclusive) in Part 3 in that Schedule—is not to be granted as a permanent entry permit; or
(b) in any of the following items:
(i) items 1 to 12 inclusive and item 25 in Part 1 in Schedule 3; or
(ii) items 51 to 55 inclusive in that Part; or
(iii) items 1 to 9 inclusive in Part 2 in that Schedule;
is not be to be granted except as a permanent entry permit.
(3) For the purposes of paragraph (1) (a), where the Minister grants an entry permit of a class specified in these Regulations, the relevant class of entry permits may be identified by the code number specified in a column in Schedule 3.
Prohibition against grant of entry permit
(1) Where an illegal entrant:
(a) lodged an application for an entry permit more than 2 working days after being arrested under section 38 or section 39 of the Act; or
(b) being a person who, not having lodged an application for an entry permit:
(i) is a person other than a person who:
(A) entered Australia before 1 January 1975, or before 2 April 1984 as a person engaged to be married; and
(B) has not departed from Australia since that entry; and
(C) has developed close personal ties with Australia; or
(ii) is a person not referred to in subparagraph (i) who has applied for an entry permit more than 12 months after becoming an illegal entrant;
that illegal entrant is not to be granted an entry permit.
(2) Subregulation (1) does not apply to or in relation to a person who has been granted refugee status, or territorial asylum, by instrument of the Minister.
Recording and evidencing of entry permits
(1) Where the Minister grants an entry permit to a person, the issue of the entry permit is to be recorded as follows:
(a) if the entry permit is issued manually:
(i) before entry to Australia—by:
(A) stamping the entry permit in the passport or other travel document presented by the applicant; and
(B) stamping a facsimile of the entry permit on the inwards passenger card of the applicant; or
(ii) after entry to Australia—by:
(A) stamping the entry permit in the passport or other travel document presented by the applicant; and
(B) entering in the entry permit register kept at the office maintained by or on behalf of the Department at which the entry permit is issued, the full name of the person to whom the entry permit is granted and the day on which it is issued;
(b) if the entry permit is issued by a computerised system:
(i) by entering in the computerised record at that office the full name of the person to whom the entry permit is granted and the date on which it is issued; and
(ii) by fixing the entry permit on the passport or other travel document of the person to whom the entry permit is granted.
(2) An entry made as referred to in subregulation (1) in relation to the issue of an entry permit is evidence that the entry permit was issued to the person and on the date specified in the entry.
Effect and operation of entry permits
(1) An entry permit granted by the Minister comes into force:
(a) if a day of effect is specified in the entry permit—on that day; or
(b) if no day of effect is specified—on the day on which the entry permit is granted.
(2) A valid entry permit ceases to be in force:
(a) if the period in respect of which the entry permit was granted expires; or
(b) if a further temporary entry permit or a permanent entry permit is granted to the holder and comes into force; or
(c) if the Minister determines that the holder has failed to comply with a terminating condition subject to which the entry permit was
granted—on the day on which the holder is notified of the determination; or
(d) if the entry permit is cancelled—on the day of the cancellation.
(3) In subregulation (2), “terminating condition” means any of the following conditions:
(a) that the holder is not to perform any work without the permission in writing of the Secretary;
(b) that the holder is not to perform any work for payment;
(c) that the holder is not to undertake formal studies;
(d) that the holder satisfies course requirements, and maintains a valid enrolment, at the institution where he or she is following a course of study;
(e) that the holder is to leave Australia by a specified carrier on, or not later than, a specified date.
Conditions in connection with grant of temporary entry permits
28. (1) The conditions subject to which a temporary entry permit may be granted are, in addition to the conditions specified in subsection 11p (4) of the Act, the following conditions:
(a) the condition that the holder of the temporary entry permit is not to change details of times and places of engagements to be undertaken in Australia, as submitted in relation to the application for that entry permit, without the prior permission in writing of the Secretary;
(b) the condition that the holder is to leave Australia by specified transportation on a specified day or within a specified period;
(c) the condition that the holder is not to undertake any course of formal study or training while in Australia;
(d) in the case of a domestic worker (diplomatic or consular) entry permit, or a domestic worker (overseas executive) entry permit, that has effect as a temporary entry permit:
(i) the condition that the holder is not to undertake employment except in the household of the employer who is his or her sponsor in relation to the visa; and
(ii) the condition that the holder is not to remain in Australia after the permanent departure of that employer;
(e) in the case of a student entry permit—the condition that the holder satisfies course requirements, and maintains a valid enrolment, at the institution where he or she is following a course of study;
(f) the condition that the holder must notify the Secretary, not earlier than 7 days before, and not later than the day of, the expiry of the entry permit, of the holder’s place of residence in Australia by posting the notification to the Head Office of the Department of Immigration, Local Government and Ethnic Affairs in the Australian Capital Territory;
(g) the condition that any person taken to be included in a student entry permit is to leave Australia not later than the time of departure of the holder of that student entry permit;
(h) the condition that any dependant of a student (being a spouse, unmarried child who has not turned 18, or person intending to marry the student not later than 3 months after entering Australia) who is granted an entry permit by reason of the granting of a student entry permit to the student is to leave Australia not later than the time of departure of the student;
(i) the condition that the holder is not to be granted an entry permit other than a refugee (after entry) entry permit that has effect as a permanent entry permit;
(j) the condition that the holder is not be granted an entry permit other than a refugee A (restricted) entry permit or a refugee B (restricted) entry permit;
(k) the condition that the holder is not to become involved in activities disruptive to, or violence threatening harm to, the Australian community or a group within the Australian community;
(l) the condition that the holder is to be assessed, after entry to Australia, within a period specified by the Minister when granting the entry permit, in respect of public interest criteria and prescribed health criteria.
(2) Where the holder of an entry permit refuses or fails to comply with a condition subject to which the entry permit was granted, the breach of the condition is a ground for the cancellation of the entry permit.
(3) Where, in accordance with this Division, a condition to which an entry permit is subject is to be set out in the entry permit, the condition may be set out in a manner, or in accordance with a notation, approved by the Minister in writing for that class of entry permits.
Mandatory conditions for grant of entry permits
(1) An entry permit of a class referred to in Column 2 of an item in Schedule 5 must not be granted unless granted subject to the condition referred to in Column 3 of that item.
(2) In Schedule 5 a class of entry permits is referred to by the item number specified in relation to that class of entry permits in Column 1 in Schedule 3.
Division 3—Statutory visitors
Statutory visitor visa
(1) A visa granted by the Minister under subsection 11zh (2) of the Act is to be granted in a form approved by the Minister as a statutory visitor visa.
(2) A statutory visitor visa is to be granted subject to the following conditions:
(a) the condition that the visa is valid only for one journey to Australia;
(b) the condition that the visa is valid only until the end of the day specified in the visa with respect to travel to Australia by the holder of the visa.
Classes of entry permits—statutory visitors
For the purposes of subsection 11zj (2) of the Act, the classes of entry permits are the following classes:
(a) statutory visitor (asylum) entry permit;
(b) statutory visitor (refugee) entry permit.
Grant and effect of entry permit—statutory visitor
(1) An entry permit granted by the Minister to a statutory visitor may be a temporary entry permit or a permanent entry permit.
(2) An entry permit granted by the Minister to a statutory visitor:
(b) is to be expressed to permit the holder to remain in Australia; and
(c) in the case of a temporary entry permit:
(i) must specify the period during which it is to have effect; and
(ii) is to be expressed to authorise the holder to remain in Australia only for that period; and
(iii) ceases to be in force:
(A) on the day of expiry specified in the entry permit; or
(B) if the Minister determines that the holder has failed to comply with a terminating condition subject to which the entry permit was granted—on the day on which the holder is notified of the determination.
(3) A reference in subregulation (2) to a terminating condition is a reference to any of the following conditions:
(a) the condition that the holder is not to change his or her address without the prior permission in writing of the Secretary;
(b) the condition that the holder is not permitted to work in Australia;
(c) the condition that the holder is not to perform work of a specified kind while in Australia;
(d) the condition that the holder is not to perform work other than work of a specified kind.
Conditions in connection with grant of temporary entry permit—statutory visitor
An entry permit granted by the Minister as a temporary entry permit to a statutory visitor in accordance with this Division may be granted subject to any of the following conditions:
(a) the condition that the holder will not be entitled to be granted another entry permit while he or she remains in Australia;
(b) a condition prohibiting the holder from performing any work for payment while in Australia;
(c) the condition that the holder is not permitted to work in Australia;
(d) the condition that the holder is not to perform work of a specified kind while in Australia;
(e) the condition that the holder is not to perform work other than work of a specified kind.
Division 4—General
Application for visa or entry permit in relation to person in custody
34. (1) Where an application for a visa or an entry permit is to be made in Australia in respect of a person in custody under the Act, the application must be lodged at an office of the Department in the State or Territory where the person is in custody by leaving the application at that office with a person employed at that office and authorised to receive such documents.
(2) The person lodging an application at that office in accordance with subregulation (1) must, on the day on which the application is lodged, inform in writing an officer of the Department appointed by the Secretary to be a custody review officer in the relevant State or Territory:
(i) of the nature of the application and the name of the person in respect of whom it was lodged;
(ii) of the office at which, and the day on which, it was lodged; and
(iii) of the name of the officer with whom it was lodged.
(3) For the purposes of subregulation (1), an office occupied by an officer of the Department at an airport or a detention centre is to be taken to be an office of the Department.
Satisfaction of prescribed criteria
34a. An applicant for a visa or an entry permit must satisfy the prescribed criteria in relation to the relevant class of visas or entry permits (other than public interest criteria and prescribed health criteria) at the time of application and as applicable at that time.
Entry permit to be subject to conditions of visa or previous entry permit
34b. (1) Where:
(a) a visa is granted to a person subject to a condition; and
(b) on the basis of that visa, an entry permit of an equivalent class, or some other class, is subsequently granted to the person;
the entry permit must be granted subject to that condition.
(a) a student entry permit is granted to a person subject to the condition specified in paragraph 28 (1) (h); and
(b) on the basis of that entry permit, a further entry permit is subsequently granted to the person;
the further entry permit must be granted subject to that condition.
Notice of decision on application for visa or entry permit
35. (1) Where the Minister refuses to grant a visa or an entry permit, or determines that a visa or an entry permit ceases to be in force because the holder has failed to comply with a terminating condition subject to which the visa or entry permit was granted, the Minister must give the applicant written notice of that decision:
(a) by posting the notice to the latest address for service provided by the applicant in relation to the application; or
(b) by posting the notice to the residential address provided by the applicant in the application; or
(c) by giving the notice to the applicant personally or to a person duly authorised to receive documents on behalf of the applicant; or
(d) by leaving the notice at the last known place of residence of the applicant with a person apparently an occupant of that place and apparently not less than 16 years of age.
(2) Where notice of decision is served on the applicant under subregulation (1), service is to be taken to be effected as if the notice was a document to which subregulation 173 (1) or (2) applies.
(3) Subregulation (1) does not apply where the applicant is refused a visa or an entry permit on arrival in Australia and before entry to Australia.
Grant of entry permit after expiry
35a. (1) Where:
(a) a person is the holder of a valid visa or temporary entry permit; and
(b) the person becomes an illegal entrant because the visa or entry permit has expired;
the Minister may, subject to subregulation (2) but in spite of any other provision of these Regulations (other than regulation 25), grant an entry permit to the person if the Minister is satisfied:
(c) that the person became an illegal entrant because of factors beyond his or her control; and
(d) that there are compelling reasons for granting the entry permit; and
(e) that the person applied for an entry permit not later than 28 days after becoming an illegal entrant; and
(f) that the person complied substantially with any conditions (other than a condition breached by the expiry of the visa) subject to which the entry permit that expired was granted; and
(g) that the entry permit that expired was not granted subject to a condition that the holder would not be entitled to be granted a further entry permit while he or she remained in Australia; and
(h) that the person satisfies the prescribed criteria in relation to the relevant class of entry permits; and
(i) that the person intends to comply with any conditions subject to which the entry permit is granted.
(2) The Minister is not to grant an entry permit to a person under subregulation (1) on more than one occasion.
(3) This regulation ceases to be in force on 30 June 1990.
Extension of time to satisfy requirement or condition
35b. Where:
(a) a person is the holder of:
(i) an Australian requirement visa or entry permit; or
(ii) a border visa or entry permit; or
(iii) an emergency (temporary entry) visa or entry permit; or
(iv) an emergency (permanent entry) visa or entry permit; or
(v) a prospective marriage visa or entry permit; and
(b) the visa or entry permit was granted subject to the satisfaction of a requirement or condition before the expiry of a period specified in the visa or entry permit; and
(c) the person applies to remain in Australia in circumstances where the requirement or condition has not been satisfied; and
(d) the person establishes that it was not possible to satisfy the requirement or condition before the expiry of the period; and
(e) the Minister is satisfied that it would be unreasonable to require the person to leave Australia;
the Minister may grant an entry permit or a further entry permit of the same or equivalent class as that held by the person and subject to the satisfaction, within a period specified in that entry permit or further entry permit, of the same requirement or condition.
Restrictions on re-entry
36. (1) Each of the following persons is not entitled to be granted a visa or an entry permit:
(a) a person who, after 22 August 1979, commenced in Australia a course of studies lasting more than 12 months:
(i) under the Private Subsidised Overseas Student Program or under the Equity and Merit Scholarship Scheme administered by AIDAB ; or
(ii) with the approval of the Minister of State for the time being administering AIDAB;
(iii) the application is made more than 2 years after his or her departure from Australia; or
(iv) the Minister is satisfied that it would not be detrimental to
Australia’s policies in respect of overseas students to grant the visa or entry permit;
(b) a person deported from Australia in relation to the commission of a crime or on security grounds;
(c) a person deported from Australia on grounds other than the commission of a crime or security grounds;
(i) if the application is in respect of a priority visa or entry permit—the application is made more than 30 months after the deportation; or
(ii) if the application is in respect of any other visa or entry permit—the application is made more than 5 years after the deportation;
(d) a person:
(i) detected as an illegal entrant as a result of compliance action by the Department and who left Australia voluntarily; or
(ii) whose temporary entry permit was cancelled as the result of being found by the Department to have worked without authority, and who left Australia voluntarily; or
(iii) whose temporary entry permit ceased to be in force because the Minister determined that the holder had failed to comply with a terminating condition subject to which the entry permit was granted;
(iv) if the application is in respect of a prioritiy visa or entry permit—the application is made more than 12 months after the departure of the person from Australia; or
(v) if the application is in respect of any other visa or entry permit—the application is made more than 3 years after the departure of the person from Australia;
(e) a person:
(i) found by the Department to have breached the conditions of his or her temporary entry permit (without the temporary entry permit being cancelled) and left Australia voluntarily; or
(ii) who departed from Australia voluntarily after the expiry of the period of grace after being known to be an illegal entrant;
(iii) if the application is in respect of a priority visa or entry permit—the application is made more than 6 months after the departure of the person from Australia; or
(iv) if the application is in respect of any other visa or entry permit—the application is made more than 12 months after the departure of the person from Australia.
(2) The limitation period of 2 years specified in subparagraph (1) (a) (iii) does not apply in relation to an applicant for a visa or an entry permit who satisfies the prescribed criteria in relation to any of the following:
(a) a student visa or entry permit;
(b) a visitor visa or entry permit;
(c) a temporary resident visa or entry permit;
(d) a humanitarian visa or entry permit;
(e) a labour agreement visa or entry permit;
(f) an employer nomination visa or entry permit;
(g) a spouse visa or entry permit;
(h) a dependent child visa or entry permit;
(i) a preferential family visa or entry permit.
(3) Subregulation (1) does not apply in relation to a person referred to in paragraph (1) (c), (d) or (e) if:
(a) the person satisfies the prescribed criteria in relation to a refugee visa, an in-country special humanitarian program visa, a global special humanitarian program visa, an emergency rescue visa or a woman at risk visa; or
(b) the Minister determines the person to be a special need relative or an orphan relative.
(4) In this regulation:
“priority visa” means any of the following:
(a) spouse visa;
(b) child visa granted to a dependent child;
(c) parent visa granted to an aged parent;
(d) preferential family visa granted to an aged dependent relative;
and “priority entry permit” means an entry permit of any equivalent class granted (as applicable) to such a person.
“Prescribed vessel” and “prescribed crew member”—definition of “exempt non-citizen”
37. For the purposes of paragraph (d) of the definition of “exempt non-citizen” in subsection 5 (1) of the Act:
(a) the following vessels are prescribed, namely, every vessel which calls at proclaimed ports and is not employed either as a cargo vessel or in the carriage of passengers for reward; and
(b) the following crew members are prescribed, namely, every crew member on a vessel who does not have genuine employment in the operation of the vessel.
Endorsement of visa or entry permit in relation to section 11a notice— code or abbreviation
37a. For the purposes of subsections 11a (3a) and (4) of the Act:
(a) a visa granted as referred to in that subsection (3a) may be endorsed to represent a provision of section 11a of the Act specified in an item in Column 2 of Schedule 7 by the code (if any) specified in Column 3 of that item; and
(b) an entry permit granted as referred to in that subsection (4) may be endorsed to represent a provision of section 11a so specified by the code specified in Column 4 of that item.
Prescribed circumstances—section 11zd of the Act
(1) The following circumstance is prescribed for the purposes of section 11zd of the Act, namely, the number of the aged parent’s children lawfully and permanently resident in Australia:
(a) is not fewer than the total number resident overseas; or
(b) is greater than the number resident in any one overseas country.
(2) A reference to children in subregulation (1) includes a reference to children of a spouse or former spouse or adopted children of the aged parent but is not a reference to children:
(a) removed by court order, by adoption or by operation of law (other than in consequence of marriage) from the exclusive custody of the aged parent; or
(b) resident in a country where the children suffer persecution or abuse of human rights in a situation such that it is not possible to reunite the children and the aged parent in another country; or
(c) resident in a refugee camp operated by the United Nations High Commissioner for Refugees and registered by the Commissioner as refugees.
(3) For the purposes of this regulation, children whose whereabouts are unknown are taken to be resident in the usual country of residence of the relevant aged parent.
Prescribed class of persons—definition of “prescribed non-citizen” in subsection 11zd (7) of the Act
For the purposes of the definition of “prescribed non-citizen” in subsection 11zd (7) of the Act, the following class of persons is prescribed, namely, the class of persons that includes any person who is:
(a) an assisted student or a trainee, other than a person who holds a student (formal course) visa or entry permit; or
(b) any dependant of such an assisted student or trainee who is the holder of a valid dependant (subsequent entry) visa.
Prescribed change in circumstances—paragraphs 11s (1) (a) and 11t (2) (a) of the Act
40. (1) For the purposes of paragraphs 11s (1) (a) and 11t (2) (a) of the Act, each of the following changes in circumstances is prescribed:
(a) in the case of a person who is a dependent child:
(i) at least one parent having custody of the child has become an Australian citizen or an Australian permanent resident; or
(ii) the last surviving parent having custody of the child has died and the child is in the custody of a person who is an Australian citizen or an Australian permanent resident;
(b) in the case of a person who is the aged parent of an Australian citizen or an Australian permanent resident—a child of the aged parent has died or has become an Australian permanent resident, with the result that the aged parent satisfies the balance of family test;
(c) in the case of a parent of an Australian citizen or an Australian permanent resident who, if an aged parent, would satisfy the balance of family test—the parent has become an aged parent;
(d) a relative of the person has died or has become permanently incapacitated, with the result that the person is:
(i) an aged dependent relative; or
(ii) an orphan relative; or
(iii) a remaining relative; or
(iv) a special need relative;
(e) a substantial political upheaval involving significant danger to persons or significant repression, or both:
(i) has taken place in the person’s usual country of residence; and
(ii) has been specified by the Minister by notice published in the Gazette as such an upheaval;
(f) a major natural disaster, involving the destruction of the person’s home and livelihood:
(i) has taken place in his or her usual country of residence;
(ii) has been specified by the Minister by notice published in the Gazette as such a disaster;
(g) significant changes, involving significant repression of a political, social, religious or ethnic group or body of which the person is a member have taken place in the person’s usual country of residence;
(h) the person has been granted refugee status by the Minister.
(2) For the purposes of paragraph 11t (2) (a) of the Act, the following change of circumstances is prescribed, in addition to those prescribed under subregulation (1), in the case of a person who, before 7 March 1989, applied in accordance with a form approved by the Minister for reconsideration of
a decision to refuse to grant an entry permit to the person—the Minister has informed the person that that application will not be determined.
PART 3—PRESCRIBED CRITERIA FOR CLASSES OF VISAS AND ENTRY PERMITS
Division 1—General
Prescribed criteria—classes of visas
(1) Subject to section 11j of the Act, a person is entitled to be granted a visa of a class specified in Column 2 of an item in Schedule 2 if the person satisfies the prescribed criteria in relation to that class of visas.
(2) In relation to a class of visas specified in Column 2 of an item in Schedule 2, the following criteria are prescribed, namely, the criteria specified in Column 3 of that item.
(3) A reference in Column 3 of an item in Schedule 2 to a relationship is a reference to the criterion of relationship to be satisfied as between an applicant for a visa of a class specified in Column 2 of that item and a person or organisation in Australia undertaking to provide sponsorship or other support of the applicant in relation to the application.
(4) For the purposes of subregulation (2), a criterion specified in Column 2 of an item in Schedule 1 is represented in Schedule 2 by the symbol and words (if any) appearing in Column 3 of that item in Schedule 1.
Prescribed criteria—classes of entry permits
(1) Subject to sections 11w and 11zb of the Act, a person is entitled to be granted an entry permit of a class specified in these Regulations if the person satisfies the prescribed criteria in relation to that class of entry permits.
(2) The following criteria are prescribed on application for an entry permit of a class specified in Part 1 in Schedule 3 by the holder of a visa:
(a) the visa is a valid visa, other than an entry visa;
(b) the entry permit applied for is of a class equivalent to that of the visa held by the applicant;
(c) the Minister is satisfied that it would not be inconsistent with the interests of Australia to grant the entry permit.
(3) In relation to the class of entry permits specified in Column 2 of Part 1 in Schedule 3, the following criterion is prescribed, in addition to the criteria prescribed under subregulation (2), on application for a permit of that class by a person who has given the Secretary a section 11a notice, namely, the Minister is satisfied that it would be reasonable to excuse the fact that the applicant is a person to whom subsection 11a (1) or (2) of the Act, as the case requires, applies, having regard to:
(a) the circumstances in which the event or conduct took place by reason of which the relevant subsection became applicable to the person; and
(b) the subsequent behaviour of the person in relation to the matter; and
(c) the time that has elapsed since the event or conduct took place by reason of which the relevant subsection became applicable to the person; and
(d) the circumstances of the person at the time of the application; and
(e) whether the application is in respect of a temporary entry permit or a permanent entry permit; and
(f) any likelihood that the granting of the entry permit would involve a risk of activities disruptive to, or violence threatening harm to, the Australian community.
(4) In relation to a class of entry permits specified in Column 2 of an item in Part 2 in Schedule 3, the criteria specified in Column 3 of that item are prescribed.
(5) For the purposes of subregulation (4), a criterion specified in Column 2 of an item in Schedule 1 is represented in Part 2 in Schedule 3 by the symbol and words (if any) appearing in Column 3 of that item in Schedule 1.
(6) The following criterion is prescribed on application for an entry permit by the holder of a valid visa granted before the commencement of section 4 of the Migration Legislation Amendment Act 1989, namely, the Minister is satisfied that, if the visa was a visa granted after that commencement in a situation where the circumstances of the person had not changed since the grant of the first-mentioned visa, the entry permit applied for would be equivalent to such a visa granted after that commencement.
Additional criteria
Additional criteria specified in a provision of this Part are so specified for the purpose of being referred to:
(a) in the case of additional criteria in relation to a class of visas—in Column 3 of an item in Schedule 2 as prescribed criteria in relation to the class of visas specified in Column 2 of that item; and
(b) in the case of additional criteria in relation to a class of entry permits—in Column 3 of an item in Part 2 in Schedule 3 as prescribed criteria in relation to the class of entry permits specified in Column 2 of that item.
Division 2—Additional criteria for visas
Spouse visa
The additional criterion in relation to a spouse visa is the following criterion, namely, the relationship is a genuine, continuing relationship between the 2 spouses.
Child visa
The additional criteria in relation to a child visa are the following criteria:
(a) the child:
(i) is:
(A) a natural child of a person who is the sponsor of the child in relation to the relevant application; or
(B) a child adopted overseas by a person, who, at the time of the adoption, was not an Australian citizen or an Australian permanent resident; or
(ii) a dependent child of that person;
(b) the Minister is satisfied that the rights and interests of any person who has custody of the child, or access to the child, or is a guardian of the child, would not be prejudiced if the visa was granted.
Adoption visa
The additional criteria in relation to an adoption visa are the following criteria:
(i) is a child for adoption; or
(ii) is a child who has not turned 18 adopted by an Australian citizen or an Australian permanent resident while overseas (in this subparagraph called “the adoptive parent”) where:
(A) the adoptive parent has been residing overseas for more than 12 months at the time of the application; and
(B) the Minister is satisfied that that residence overseas has not been contrived to circumvent the requirements for entry to Australia of children for adoption; and
(C) the adoptive parent has lawfully acquired full and permanent parental rights by the adoption; and
(D) the relevant authorities of the relevant overseas country have approved the departure of the child to Australia;
(b) the laws relating to adoption of the country in which the child is normally resident have been complied with.
Business (general) visa
The additional criteria in relation to a business (general) visa are the following criteria, namely, the applicant:
(a) has a successful business record;
(b) has realistic plans to establish, or to take part in, a business in Australia that will do any of the following:
(i) create or maintain employment;
(ii) introduce into Australia new or improved technology for the production of goods or services;
(iii) produce goods or services for export;
(iv) produce goods or services to replace goods or services being imported;
(c) has available for transfer to Australia unencumbered personally owned assets in the form of cash, or other unencumbered assets (or both), adequate to establish and conduct the enterprise, and in any case not less than:
(i) in the case of an applicant who has not turned 40 at the time of application—$350,000; or
(ii) in the case of an applicant who has turned 40 but has not turned 58 it the time of application—$500,000; or
(iii) in the case of an applicant who has turned 58 at the time of application—$850,000;
(d) has, in addition to the cash or assets (or both) referred to in paragraph (c), unencumbered personally owned assets in the form of cash, or other unencumbered assets (or both), adequate to finance the costs of establishing himself or herself personally in Australia, and in any case not less than:
(i) if the applicant intends to establish residence in Sydney or Melbourne—$150,000; or
(ii) if the applicant intends to establish residence in any other place in Australia—$100,000;
or such lesser amount as the Minister is satisfied would be sufficient to allow the applicant to become established personally in Australia;
(e) intends to live permanently in Australia;
(f) establishes that unencumbered amounts of not less than the relevant amounts specified in paragraphs (c) and (d) respectively have been lodged in Australia;
(g) establishes that the enterprise is not a joint venture to be undertaken in association with an Australian citizen, an Australian permanent resident or an Australian organisation.
Business (joint venture) visa
48. The additional criteria in relation to a business (joint venture) visa are the following criteria, namely, the applicant:
(a) has a successful business record;
(b) has realistic plans to establish, or to take part in, a business in Australia that will do any of the following:
(i) create or maintain employment;
(ii) introduce into Australia new or improved technology for the production of goods or services;
(iii) produce goods or services for export;
(iv) produce goods or services to replace goods or services being imported;
(c) has available for transfer to Australia unencumbered personally owned assets in the form of cash, or other unencumbered assets (or both), adequate to establish and conduct the enterprise, and in any case not less than:
(i) in the case of an applicant who has not turned 40 at the time of application—$350,000; or
(ii) in the case of an applicant who has turned 40 but has not turned 58 at the time of application—$500,000; or
(iii) in the case of an applicant who has turned 58 at the time of application—$850,000;
(d) has, in addition to the cash or assets (or both) referred to in paragraph (c), unencumbered personally owned assets in the form of cash, or other unencumbered assets (or both), adequate to finance the costs of establishing himself or herself personally in Australia, and in any case not less than:
(i) if the applicant intends to establish residence in Sydney or Melbourne—$150,000; or
(ii) if the applicant intends to establish residence in any other place in Australia—$100,000;
or such lesser amount as the Minister is satisfied would be sufficient to allow the applicant to become established personally in Australia;
(e) intends to live permanently in Australia;
(f) establishes that unencumbered amounts of not less than the relevant amounts specified in paragraphs (c) and (d) respectively have been lodged in Australia;
(g) establishes that the enterprise is a joint venture to be undertaken in association with an Australian citizen, an Australian permanent resident or an Australian organisation.
Distinguished talent (Australian support) visa
49. The additional criteria in relation to a distinguished talent (Australian support) visa are the following criteria:
(a) the applicant does not, in the opinion of the Minister, satisfy the criteria in relation to any other class of visas;
(b) the applicant produces written testimony to the applicant’s standing in his or her occupation, profession or activity given by an Australian citizen, an Australian permanent resident or an Australian organisation who or which has a national reputation in relation to that profession, occupation or activity;
and one of the following criteria:
(i) has an exceptional record of achievement in his or her occupation or profession; and
(ii) would be an asset to the Australian community; and
(iii) would have no difficulty in obtaining employment or in becoming established independently in Australia in the relevant occupation or profession; or
(d) the applicant, not being a person referred to in paragraph (c), has a record of outstanding achievement, and is still prominent, in the arts or in sport.
Distinguished talent (independent) visa
50. The additional criteria in relation to a distinguished talent (independent) visa are the following criteria:
(a) the applicant does not, in the opinion of the Minister, satisfy the criteria in relation to any other class of visas;
(b) the applicant does not produce written testimony to the applicant’s standing in his or her profession, occupation or activity given by an Australian citizen, an Australian permanent resident or an Australian organisation who or which has a national reputation in relation to that occupation, profession or activity;
and one of the following criteria:
(i) has an exceptional record of achievement in his or her occupation or profession; and
(ii) would be an asset to the Australian community; and
(iii) would have no difficulty in obtaining employment or in becoming established independently in Australia in the relevant occupation or profession; or
(d) the applicant, not being a person referred to in paragraph (c), has a record of outstanding achievement, and is still prominent, in the arts or in sport.
Employer nomination visa
51. (1) The additional criteria in relation to an employer nomination visa are the following criteria:
(a) the applicant is nominated, in accordance with the approved form, by an employer operating in Australia, for a specified position, or a position in a group of specified positions, sought to be filled by that employer, being:
(i) a position that is to be filled on a permanent, full-time basis; and
(ii) a position in respect of a highly skilled occupation;
(b) the qualifications and experience of the applicant are suitable for the position;
(c) the employer satisfies the Minister that the employer has an acceptable record in the training of employees and is committed to the further training of local employees;
(d) the employer satisfies the Minister that it has not been possible to find a suitable applicant for the position in Australia;
(e) unless exceptional circumstances apply, the applicant has not turned 55 at the time of application.
(2) In this regulation:
“highly skilled occupation” means an occupation requiring:
(a) formal training, or equivalent experience, relating to that occupation, for a period of not less than 3 years; and
(b) an appropriate record of employment in that occupation.
Labour agreement visa
The additional criteria in relation to a labour agreement visa are the following criteria:
(a) the applicant seeks to enter Australia to work in Australia in accordance with a labour agreement;
(b) the qualifications and experience of the applicant are suitable for the position to be taken by the applicant under the agreement;
(c) unless exceptional circumstances apply, the applicant has not turned 55 at the time of application.
Family reunion (New Zealand citizen) visa
The additional criterion in relation to a family reunion (New Zealand citizen) visa is the following criterion, namely, the applicant, not being a New Zealand citizen, is a member of the family unit of a New Zealand citizen:
(a) who:
(i) is an Australian permanent resident and a person referred to in paragraph (e) of the definition of “exempt non-citizen” in subsection 5 (1) of the Act; or
(ii) on entry to Australia, will be a person referred to in paragraph (e) of the definition of “exempt non-citizen” in subsection 5 (1) of the Act; and
(b) who satisfies public interest criteria and the prescribed health criteria specified in item 9 in Schedule 1.
Former citizen visa
The additional criteria in relation to a former citizen visa are the following criteria:
(a) the applicant has lost Australian citizenship by the operation of section 17 or subsection 23 (1) of the Australian Citizenship Act 1948 or section 20 of the Nationality and Citizenship Act 1948;
(b) the applicant has resided in Australia as an Australian citizen for an aggregate time of not less than 2 years;
(i) has maintained business, cultural or personal ties with Australia; or
(ii) at the time of making the relevant application, has family ties with Australia stronger than those with any other country;
(d) if the applicant lost Australian citizenship by the operation of section 17 of the Australian Citizenship Act 1948—the applicant acquired citizenship of another country:
(i) to avoid significant hardship or detriment; or
(ii) in circumstances where the applicant was compelled to acquire that citizenship; or
(iii) being unaware that, by acquiring that citizenship, he or she would lose Australian citizenship;
(e) if the Minister is not satisfied that the applicant satisfies public interest criteria in relation to becoming established, or to residing, in Australia (or both)—the applicant has obtained sponsorship and an assurance of support.
Former resident visa
The additional criteria in relation to a former resident visa are the following criteria:
(a) the applicant spent the greater part of his or her life before the age of 18 in Australia as an Australian permanent resident;
(b) the applicant did not at any time acquire Australian citizenship;
(c) the applicant has maintained business, cultural or personal ties with Australia;
(d) if the Minister is not satisfied that the applicant satisfies public interest criteria in relation to becoming established in, and living in, Australia—the applicant has obtained sponsorship and an assurance of support.
Australian requirement visa
The additional criteria in relation to an Australian requirement visa are the following criteria:
(a) the applicant has applied for an entry permit (other than a prospective marriage entry permit) to have effect as a permanent entry permit;
(b) the applicant has satisfied all the prescribed criteria in relation to the relevant class of entry permits other than a prescribed criterion he or she is not able to satisfy except after entry to Australia;
(c) the applicant establishes that specific arrangements have been made for assessment, after the applicant’s entry to Australia, as to whether or not he or she satisfies that prescribed criterion.
Diplomatic visa
The prescribed criterion in relation to a diplomatic visa is the following criterion, namely, the Minister of State for Foreign Affairs and Trade has recommended in writing to the Minister, in relation to a particular application, that the visa be granted to the applicant.
Dependant (subsequent entry) visa
The additional criteria in relation to a dependant (subsequent entry) visa are the following criteria:
(a) the applicant is a dependant of the holder of:
(i) a temporary resident entry permit, other than a domestic worker (diplomatic or consular) entry permit or a domestic worker (overseas executive) entry permit; or
(ii) a student visa or entry permit; or
(iii) a diplomatic visa;
(b) the holder of that temporary entry permit has entered Australia;
(c) the applicant did not accompany the holder at the time of entry;
(d) if the holder was sponsored—the sponsor agrees in writing to extend the sponsorship to the dependant;
(e) if the holder was not sponsored—the holder satisfies the Minister that the holder is able to support the dependant financially in Australia.
Domestic worker (diplomatic or consular) visa
The additional criteria in relation to a domestic worker (diplomatic or consular) visa are the following criteria:
(i) seeks to enter Australia to undertake full-time domestic duties in the household of a diplomatic or consular representative in Australia of another country, not being a resident of Australia; and
(ii) provides a copy of a contract of employment entered into with that representative in relation to those duties; and
(iii) is sponsored by that representative; and
(iv) produces a written undertaking given by that representative:
(A) to meet all the applicant’s travel expenses to Australia to take up the position and to a destination outside Australia on the expiry of the contract of employment and not later than the time of expiry of the visa; and
(B) not to seek to recover any expenditure by the representative in relation to the applicant’s travel to or from Australia or financial support of the applicant in Australia;
(b) the applicant has turned 18;
(c) the entry to Australia of the applicant is supported in writing by the Minister of State for Foreign Affairs and Trade.
Domestic worker (overseas executive) visa
The additional criteria in relation to a domestic worker (overseas organisation) visa are the following criteria:
(a) the applicant seeks to enter Australia to undertake full-time domestic duties in the household of an executive who is in charge of an Australian office of an overseas organisation, being the holder of an independent executive visa or an executive (overseas) visa;
(b) the applicant is sponsored by the executive;
(c) the executive:
(i) establishes that he or she has been unable to find a suitable person in Australia for the relevant position or that there are compelling reasons for employing the applicant; and
(ii) produces a written undertaking:
(A) to meet all the applicant’s travel expenses to Australia to take up the position and to a destination outside Australia on the expiry of the contract of employment and not later than the time of expiry of the visa; and
(B) not to seek to recover any expenditure by the executive in relation to the applicant’s travel to or from Australia or financial support of the applicant in Australia;
(d) the applicant has turned 18 and has experience as a domestic worker.
Educational visa
The additional criteria in relation to an educational visa are the following criteria:
(a) the applicant has been appointed:
(i) at an Australian tertiary education institution or research institution to an academic position or as a librarian, technician or laboratory demonstrator; or
(ii) to a position at an Australian tertiary education institution or research institution to undertake graduate or post-doctoral research; or
(iii) to a position as a teacher at an Australian school or technical college, not being a tertiary education institution;
(b) the applicant provides a letter of appointment from the relevant institution, school or college.
Entertainment visa
(1) The additional criteria in relation to an entertainment visa are the following criteria:
(a) the applicant seeks to enter Australia:
(i) as an entertainer under a performing contract for one or more specific engagements in Australia (other than non-commercial engagements of a cultural or educational nature); or
(ii) to support an entertainer or group of entertainers (whether by assisting performance or by personal services) in relation to a performing contract for one or more specific engagements in Australia; or
(iii) to direct, produce or take some other part (otherwise than as a performer) in a theatre, film, television or radio production, or a concert or recording to be performed or shown in Australia, being a production, concert or recording that involves the employment of at least one resident of Australia; or
(iv) as a model or mannequin under contract for advertising or promotional purposes; or
(v) to perform in one or more specific engagements of a cultural nature for non-commercial purposes;
(b) the applicant satisfies the Minister that the activity in Australia in relation to which the application is made will bring a net employment benefit to the Australian entertainment industry;
(c) the applicant is sponsored by a person or body in Australia, being a person who, or body which:
(i) satisfies the Minister that the person or body has good professional and financial standing; and
(ii) has not defaulted on any previous sponsorship into which the person or body has entered; and
(iii) holds any necessary licences in respect of the work to which the application relates; and
(iv) has consulted with relevant Australian unions in relation to the employment or engagement of the applicant in Australia.
(2) An applicant who seeks to enter Australia for the purpose referred to in subparagraph (1) (a) (v) is not required to satisfy the criterion specified in paragraph (b) or that part of the criterion specified in paragraph (c) which is set out in subparagraph (c) (iv).
Expatriate visa
The additional criteria in relation to an expatriate visa are the following criteria:
(a) the applicant is a spouse or dependant of an employee of a reputable international company;
(b) the employee has been assigned by the company to work in a remote location in South East Asia, the South Pacific or Papua New Guinea;
(c) the applicant wishes to reside in Australia for part or all of the term of the assignment;
(d) the company is dependent on Australia for supplies or has other business associations with Australia;
(e) the company gives a written undertaking:
(i) to be responsible for the departure from Australia to a destination outside Australia of the applicant and any dependants of the applicant included in the application not later than the time of expiry of the visa; and
(ii) to bear all costs of travel to that destination;
(f) the relevant authorities of the Commonwealth, and of the State or Territory where the applicant and any dependants of the applicant intend to reside, have agreed to that temporary residence and to the use of facilities under the control of such authorities.
Exchange visa
The additional criteria in relation to an exchange visa are the following criteria:
(a) if the application is in relation to a staff exchange—the Minister is satisfied that:
(i) the exchange position in Australia to which the application relates is a skilled position; and
(ii) the arrangements envisaged under the exchange would provide a resident of Australia with the opportunity to obtain experience with a reciprocating organisation overseas; and
(iii) the same position as that currently held by the resident of Australia, or an equivalent position in Australia, will be available to him or her on the completion of the exchange; and
(iv) the exchange will be of benefit both to the applicant and to the resident of Australia; and
(v) the period of the exchange is a period not exceeding 2 years;
(b) if the application is in relation to an agreement to which another country is a party:
(i) the Minister is satisfied that the application meets the requirements of the agreement; and
(ii) the applicant has produced evidence that his or her stay in Australia under the agreement has been agreed to by the competent authorities in Australia and in that other country.
Executive (overseas) visa
The additional criteria in relation to an executive (overseas) visa are the following criteria:
(a) if the applicant intends to establish in Australia a branch of an overseas company—the applicant, if so requested by the Minister,
establishes that the Foreign Investment Review Board has approved the establishment of the branch;
(b) if:
(i) the applicant has been appointed by an overseas company operating in Australia to be the national managing executive or a deputy national managing executive or a State manager; and
(ii) the company is operating as a business; and
(iii) the applicant intends to stay in Australia for more than 4 months;
the applicant produces evidence of sponsorship by the company;
(c) if the applicant is a senior executive of an overseas company operating in Australia (not being the national managing executive or a deputy national managing executive or a State manager)—the applicant establishes:
(i) that the position to which the application relates carries substantial executive responsibility; and
(ii) that the applicant’s qualifications for the position are appropriate; and
(iii) that the position is a full-time position; and
(iv) that the position is to be adequately paid, having regard to Australian levels of remuneration and conditions; and
(v) that the company is operating as a business; and
(vi) if the applicant intends to stay in Australia for more than 4 months—that the applicant is sponsored by the company; and
(vii) if the Minister so requires—that labour market requirements have been met.
Family relationship visa
66. The additional criteria in relation to a family relationship visa are the following criteria:
(a) the applicant has not turned 18 and is not married;
(b) the Minister is satisfied that:
(i) if granted entry to Australia, the applicant would live with a family in Australia who are his or her relatives, or have close family connections with the applicant’s family; and
(ii) the family in Australia is able to provide the applicant with accommodation and financial support for the period of his or her stay in Australia; and
(iii) the main purpose of the stay would not be to improve the applicant’s proficiency in English or to undertake formal studies; and
(iv) the applicant does not intend to stay longer than 12 months in Australia.
Foreign government agency visa
67. (1) The additional criteria in relation to a foreign government agency visa are the following criteria:
(i) seeks to enter Australia to be employed as a representative of a foreign government agency which does not enjoy official status in Australia; and
(ii) would not, as such a representative, enjoy official status in Australia;
(b) if the intended period of stay is not more than 4 months or the applicant seeks entry to Australia to be in charge of:
(i) the British Council; or
(ii) the Alliance Francaise; or
(iii) the Goethe Institute; or
(iv) the Italian Cultural Institute;
the applicant produces a statement from the Foreign Ministry of the foreign government endorsing the application;
(c) if the applicant is not seeking entry to Australia as the person to be in charge of an agency referred to in paragraph (b) and the intended period of stay in Australia is more than 4 months—the applicant produces evidence of sponsorship by the agency.
(2) In this regulation, “foreign government agency” includes any organisation conducted under official auspices in a foreign country and operating in Australia to foster the culture of that country.
Independent executive visa
69. The additional criteria in relation to an independent executive visa are the following criteria:
(a) the applicant establishes that he or she is acting as an individual with the intention of establishing a new business in Australia;
(b) the Minister is satisfied that the establishment of the proposed business in Australia would create employment, introduce new or improved technology, stimulate exports or replace imports;
(c) approval of the Foreign Investment Review Board in relation to the establishment of the business has been obtained;
(d) the applicant establishes that he or she has available for transfer to Australia personal assets by way of cash or other unencumbered assets (or both) adequate to establish and conduct the business and in any case not less than:
(i) if the applicant has not turned 40 at the time of the application—$350,000; or
(ii) if the applicant has turned 40 but has not turned 58 at the time of the application—$500,000; or
(iii) if the applicant has turned 58 at the time of the application— $850,000;
(e) the applicant establishes that he or she has, in addition to the cash and assets referred to in paragraph (d), personal assets by way of cash or other unencumbered assets (or both) adequate to finance all costs of setting up residence in Australia and in any case not less than:
(i) if the applicant intends to set up residence in Sydney or Melbourne—$150,000; or
(ii) if the applicant intends to set up residence in any other place in Australia—$100,000;
or such lesser amount as the Minister is satisfied would be sufficient to allow the applicant to set up residence in Australia.
Media and film staff visa
70. The additional criteria in relation to a media and film staff visa are the following criteria:
(a) the applicant seeks to enter Australia:
(i) on a temporary basis to represent an overseas news organisation as a journalist, correspondent or reporter; or
(ii) to cover a specific event, or a number of specific events, for overseas news media as a journalist, correspondent, reporter, photographer or member of a camera or television team; or
(iii) to make a documentary or commercial program exclusively for overseas use, without any employment of staff resident in Australia, as a member of a film or television team;
(b) if the applicant is to be paid in Australia—the applicant will be adequately paid, having regard to Australian levels of remuneration and conditions;
(c) in the case of an applicant referred to in subparagraph (a)(i):
(i) if the organisation is not represented in Australia—the applicant provides a statement from the organisation detailing the organisation’s intended activities in Australia and the Minister is satisfied that:
(A) representation of the organisation in Australia would not be contrary to the interests of Australia; and
(B) the organisation would support the representative financially in Australia and arrange for his or her departure from Australia on or before the day of expiry of the visa or of any entry permit granted instead of, or on the expiry of, the visa; or
(ii) if the organisation is represented in Australia—the Minister is satisfied that:
(A) there is no suitable person in Australia who is capable of doing, and available to do, the work envisaged for the applicant; and
(B) that work would not be contrary to the interests of Australia; and
(C) if the applicant seeks to remain in Australia for more than 4 months—the applicant is sponsored by an Australian citizen, an Australian permanent resident or an organisation operating in Australia; and
(D) if the applicant is to be paid in Australia—the applicant will be adequately paid, having regard to Australian levels of remuneration and conditions; and
(d) in the case of an applicant referred to in subparagraph (a) (ii) or (iii):
(i) if the intended period of stay is more than 4 months—the applicant is sponsored by an Australian citizen, an Australian permanent resident or an organisation operating in Australia; and
(ii) the Minister is satisfied:
(A) that there is no suitable person in Australia who is capable of doing, and available to do, the work envisaged for the applicant; and
(B) that that work would not be contrary to the interests of Australia.
Medical practitioner visa
71. The additional criteria in relation to a medical practitioner visa are the following criteria:
(a) the applicant’s qualifications are recognised by the Medical Board of a State or Territory as entitling the applicant to practise as a medical practitioner in that State or Territory for the purposes of the position to which the application relates;
(b) the Minister of Health in the State or Territory where the applicant intends to take a position has confirmed in writing that that Minister has no objection to the granting of the visa;
(i) labour market requirements have been met; and
(ii) the position to which the application relates is a full-time position; and
(iii) the position is to be adequately paid, having regard to Australian levels of renumeration and conditions; and
(iv) the employment of the applicant in the position would be of benefit to Australia.
Prospective marriage visa
The additional criteria in relation to a prospective marriage visa are the following criteria:
(a) there is no impediment to the marriage in Australian law;
(b) unless the marriage has been arranged in accordance with traditional custom observed by the family of one or both of the intending parties—the parties are known to each other personally;
(c) the applicant establishes:
(i) that the parties genuinely intend to marry; and
(ii) that the marriage is to take place not later than 3 months after the expected date of arrival of the applicant in Australia;
(d) the Minister is satisfied that the parties intend to live in a genuine marital relationship.
Public lecturer visa
The additional criteria in relation to a public lecturer visa are the following criteria:
(a) the applicant seeks to enter Australia to deliver one or more public lectures in Australia;
(b) where the applicant intends to lecture at the invitation of, or on behalf of, a person or organisation in Australia:
(i) if the applicant intends to stay in Australia for not more than 4 months—the applicant produces an invitation or request in writing from the person or organisation; or
(ii) if the applicant intends to stay in Australia for more than 4 months—the applicant is sponsored by the person or organisation;
(c) the applicant provides details of all times and places in relation to his or her lecture program.
Religious worker visa
The additional criteria in relation to a religious worker visa are the following criteria:
(a) the applicant is authorised by a religious organisation to undertake work in Australia directly serving the organisation’s religious objectives;
(b) the applicant produces a written undertaking by the religious organisation:
(i) to meet all the applicant’s travel expenses to a destination outside Australia on the expiry of the contract of employment and not later than the time of expiry of the visa; and
(ii) not to seek to recover any expenditure by the religious organisation in relation to the applicant’s travel to or from Australia, or in relation to financial support of the applicant in Australia.
Retirement visa
The additional criteria in relation to a retirement visa are the following criteria:
(a) the applicant has turned 55;
(b) in the case where the applicant intends to settle in Australia with his or her spouse:
(i) the applicant’s family unit does not include any person dependent on the applicant or spouse; and
(ii) the combined resources of the applicant and spouse that are available for transfer to Australia are not less than:
(A) $500,000; or
(B) $150,000 and in addition pension rights or capital for investment (or both), being in total money and entitlements sufficient to provide an annual income of not less than $35,000; and
(iii) the Minister is satisfied that neither the applicant nor his or her spouse intends to take employment in Australia;
(c) in any other case:
(i) the applicant’s family unit does not include any person dependent on the applicant; and
(ii) the resources of the applicant that are available for transfer to Australia are not less than:
(A) $500,000; or
(B) $150,000 and in addition pension rights or capital for investment (or both), being in total money and entitlements sufficient to provide an annual income of not less than $35,000; and
(iii) the Minister is satisfied that the applicant does not intend to take employment in Australia.
Special program visa
The additional criterion in relation to a special program visa is the following criterion, namely, the applicant produces evidence that he or she:
(a) is the holder of a Churchill Fellowship; or
(b) is applying for the visa for the purpose of taking part in a youth exchange program approved in writing by the Secretary.
Specialist (overseas) visa
The additional criteria in relation to a specialist (overseas) visa are the following criteria, namely, the applicant establishes:
(a) if the applicant seeks to enter Australia in accordance with a labour agreement:
(i) that the requirements of the labour agreement have been met; and
(ii) that the applicant’s skills and experience are suitable for the position to which the application relates; or
(b) if the applicant seeks to enter Australia otherwise than in accordance with a labour agreement:
(i) that the applicant has trade technical skills or professional skills not readily available in Australia; and
(ii) that the applicant’s skills and experience are suitable for the position to which the application relates; and
(iii) that the position is to be adequately paid, having regard to Australian levels of remuneration and conditions; and
(iv) that the position is a full-time position; and
(v) that the company has a satisfactory record of training in its business operations in Australia; and
(vi) that the company is operating as a business and has not been created solely to secure the entry of people to Australia;
(c) if the applicant intends to visit the Territory of Christmas Island or of Cocos (Keeling) Islands—the Administrator has confirmed that acceptable accommodation arrangements have been made in relation to the visit.
Sport visa
78. The additional criteria in relation to a sport visa are the following criteria:
(i) is entered individually or as a member of a team to compete in a sporting event, or a number of sporting events, in Australia, and is not so entered:
(A) as a representative of the Republic of South Africa or of any South African organisation; or
(B) as a Taiwanese national claiming to represent Taiwan, China or the Republic of China; or
(ii) has been, or is to be, appointed or employed to assist a participant or team referred to in subparagraph (i); or
(iii) seeks to enter Australia to carry out an arrangement with an organisation in Australia to be a player, coach or instructor in relation to an Australian team or organisation and could be granted the visa within any approved maximum number of such visas for the relevant sport in the year of application; or
(iv) seeks to enter Australia to carry out a business arrangement with an organisation in Australia to be a sports instructor, being an arrangement approved in writing by the Minister; or
(v) seeks to enter Australia to act as a judge or adjudicator at shows or competitions in Australia;
(b) any family members accompanying the applicant and any persons accompanying the applicant to Australia as assistants for whom the applicant is responsible satisfy public interest criteria as applicable and the health criterion specified in item 9 in Schedule 1;
(c) in the case of an applicant referred to in subparagraph (a) (i) or (ii), the applicant:
(i) if the intended period of his or her stay in Australia does not exceed 4 months:
(A) provides a letter of invitation from an organisation in Australia in relation to the participation in an event or events in Australia of the applicant or a person or team with which the applicant is associated, or satisfactory evidence that an entry for an event in Australia has been accepted; or
(B) is an individual competitor, or is assisting an individual competitor or a team, known internationally and having a record of participation in international events; or
(ii) if the intended period of his or her stay in Australia exceeds 4 months:
(A) is sponsored by an Australian citizen or an Australian permanent resident or an organisation in Australia; or
(B) is an individual competitor, or is associated with an individual competitor or a team, known internationally and having a record of participation in international events;
(d) in the case of an applicant referred to in subparagraph (a) (i)—the applicant satisfies the Minister:
(i) that the applicant has sufficient money for his or her support and that of any accompanying family, and of any assistants for whom the applicant is responsible, while in Australia; and
(ii) that, on arrival in Australia, the applicant and any such accompanying family and assistants will be in possession of travel tickets to a destination outside Australia;
(e) in the case of an applicant referred to in subparagraph (a) (ii)—the applicant satisfies the Minister:
(i) that the individual participant with whom, or the team with which, the applicant is associated will provide complete financial support for the applicant and any accompanying family while in Australia; and
(ii) that, on arrival in Australia, the applicant and any family members accompanying the applicant will be in possession of tickets in respect of travel from Australia to a destination outside Australia; and
(f) in the case of an applicant referred to in subparagraph (a) (iii):
(i) the applicant is sponsored by an Australian citizen or an Australian permanent resident or an organisation in Australia; and
(ii) the applicant establishes:
(A) if there is a relevant labour agreement between the Minister and an Australian sporting organisation—that the sponsorship is in accordance with the agreement; and
(B) that the sponsor is an organisation in Australia with a good reputation in the sporting community; and
(C) that the applicant has an established reputation in the field of sport; and
(D) that the applicant and the sponsor have entered into a formal arrangement relating to the applicant’s prospective activities in Australia;
(g) in the case of an applicant referred to in subparagraph (a) (iv):
(i) the applicant is sponsored by an Australian citizen or an Australian permanent resident or an organisation in Australia; and
(ii) the applicant establishes that:
(A) labour market requirements have been met; and
(B) the applicant’s qualifications and experience are suitable for the position to which the application relates; and
(C) the position is to be adequately paid, having regard to Australian levels of remuneration and conditions; and
(D) the employer has a satisfactory training record; and
(iii) the applicant satisfies the Minister that the carrying out of the arrangement will be of benefit to Australia;
(i) in the case of an applicant referred to in subparagraph (a) (v), the applicant:
(i) produces a written invitation or request to act as a judge or adjudicator as stated in the application; and
(ii) provides an itinerary listing the engagements as a judge or adjudicator to be undertaken by the applicant; and
(iii) if the applicant intends to stay in Australia for more than 4 months—is sponsored by an Australian citizen, an Australian permanent resident or an organisation in Australia.
Supported dependant visa
79. The additional criteria in relation to a supported dependant visa are the following criteria:
(a) the application is supported in writing by an Australian citizen or an Australian permanent resident;
(b) the applicant, not being a person entitled to enter Australia without a visa, is a dependant of the person supporting the application.
Visiting academic visa
The additional criteria in relation to a visiting academic visa are the following criteria:
(a) the applicant has been invited to visit an Australian tertiary institution or research institution as a visiting academic;
(b) the applicant, or the institution inviting the applicant, provides a copy of an invitation from the institution in relation to the proposed visit;
(c) the applicant will not be receiving a salary, scholarship or allowance, other than living expenses, from the institution.
Working holiday visa
The additional criteria in relation to a working holiday visa are the following criteria:
(a) the applicant has no children;
(i) being a national of one of the following countries: the United Kingdom, the Republic of Ireland, the Netherlands, Canada, Japan:
(A) has turned 18 but has not turned 26; or
(B) has turned 26 but has not turned 31 and the Minister is satisfied that the applicant’s entry to Australia would be of benefit to the applicant and to Australia;
(ii) not being a national of a country referred to in subparagraph (i):
(A) has turned 18 but has not turned 26; and
(B) the Minister is satisfied that the applicant’s entry to Australia would be of benefit to the applicant and to Australia;
(c) the application is made:
(i) if the applicant is a citizen of a country referred to in subparagraph (b) (i) other than Japan—in any country; or
(ii) if the applicant is not a citizen of a country referred to in that subparagraph—in the country of which the applicant is a citizen;
(d) the Minister is satisfied that the applicant:
(i) seeks to enter Australia as a genuine visitor whose principal purpose is to spend a holiday in Australia; and
(ii) has sufficient money for:
(A) the fare to his or her intended overseas destination on leaving Australia; and
(B) his or her support for the purposes of a working holiday; and
(iii) has a reasonable prospect of obtaining employment in Australia; and
(iv) will not undertake any studies in Australia other than an English language course.
Private subsidised student visa
The additional criteria in relation to a private subsidised student visa are the following criteria:
(a) the applicant provides evidence that approval has been granted by the Minister of State for Employment, Education and Training for the applicant to undertake a course of study in Australia under the Private Subsidised Overseas Student Program administered by the Department of Employment, Education and Training;
(ii) that any application to enter Australia by or on behalf of any member of the applicant’s family unit is in respect of a genuine intention to accompany, or to join, the applicant;
(c) any such application by or on behalf of a family member is approved in writing by the Minister of State for Employment, Education and Training.
Student (AIDAB) visa
The additional criteria in relation to a student (AIDAB) visa are the following criteria:
(a) the applicant is sponsored in relation to a proposed course of study in Australia by AIDAB;
(ii) that any application to enter Australia by or on behalf of any member of the applicant’s family unit:
(A) is in respect of a genuine intention to accompany, or to join, the applicant; and
(B) has been approved by AIDAB.
Student (Equity and Merit Scholarship Scheme) visa
The additional criteria in relation to a student (Equity and Merit Scholarship Scheme) visa are the following criteria:
(a) the applicant provides evidence that approval has been granted by the Minister of State for Foreign Affairs and Trade for the applicant
to undertake a course of study in Australia under the Equity and Merit Scholarship Scheme administered by AIDAB;
(ii) that any application to enter Australia by or on behalf of any member of the applicant’s family unit:
(A) is in respect of a genuine intention to accompany, or to join, the applicant; and
(B) has been approved by AIDAB.
Student (formal course) visa
The additional criteria in relation to a student (formal course) visa are the following criteria:
(a) the applicant produces evidence:
(i) that the Minister of State for Employment, Education and Training:
(A) has approved the enrolment of the applicant in a formal course in Australia as a student paying full fees; and
(B) if application is made by or on behalf of any persons who are members of the applicant’s family unit to accompany, or to join, the applicant in Australia—has approved their accompanying or joining the applicant; and
(ii) that the applicant is not the holder of a scholarship under the Equity and Merit Scholarship Scheme;
(ii) that any application to enter Australia by or on behalf of any member of the applicant’s family unit is in respect of a genuine intention to accompany, or to join, the applicant;
(c) the applicant establishes that he or she has made acceptable arrangements for health insurance in Australia and that any members of his or her family unit accompanying or joining the applicant have made such arrangements.
Trainee (English language) visa
The additional criteria in relation to a trainee (English language) visa are the following criteria:
(a) the applicant has been accepted for enrolment in a full-time English language course at an English language training institution accredited by the Minister of State for Employment, Education and Training;
(b) the applicant produces evidence:
(i) that that Minister has approved the enrolment of the applicant; and
(ii) if application is made by or on behalf of any members of the applicant’s family unit to accompany, or to join, the applicant—that that Minister has approved their so accompanying or joining the applicant;
(c) the Minister is satisfied:
(ii) that any application to enter Australia by or on behalf of any member of the applicant’s family unit is in respect of a genuine intention to accompany, or to join, the applicant;
(d) the applicant establishes that he or she has made acceptable arrangements for health insurance in Australia and that any members of his or her family unit accompanying or joining the applicant have made such arrangements.
Trainee (non-formal course) visa
The additional criteria in relation to a trainee (non-formal course) visa are the following criteria:
(a) the applicant produces evidence that the Minister of State for Employment, Education and Training:
(i) has approved the enrolment of the applicant in a non-formal course in Australia as a student paying full fees or as a trainee; and
(ii) if application is made by or on behalf of any persons who are members of the applicant’s family unit to accompany, or to join, the applicant in Australia—has approved their so accompanying or joining the applicant;
(i) that the applicant is a genuine applicant for entry to Australia as a student or trainee; and
(ii) that any application to enter Australia by or on behalf of any member of the applicant’s family unit is in respect of a genuine intention to accompany, or to join, the applicant;
(c) the applicant establishes that he or she has made acceptable arrangements for health insurance in Australia and that any members of his or her family unit accompanying or joining the applicant have made such arrangements.
Business visitor visa
The additional criteria in relation to a business visitor visa are the following criteria:
(a) the applicant seeks to travel to Australia for business purposes and does not intend to engage in work that might otherwise be carried out by an Australian citizen or an Australian permanent resident;
(b) if the applicant intends to visit the Territory of Christmas Island or of Cocos (Keeling) Islands—the Administrator has confirmed that acceptable accommodation arrangements have been made in relation to the visit.
Close family visitor visa
The additional criteria in relation to an immediate family visitor visa are the following criteria:
(a) the applicant is the parent, spouse, child, brother or sister of an Australian citizen or an Australian permanent resident;
(b) if the applicant intends to visit the Territory of Christmas Island or of Cocos (Keeling) Islands—the Administrator has confirmed that acceptable accommodation arrangements have been made in relation to the visit.
Medical treatment visa
(1) The additional criteria in relation to a medical treatment visa are the following criteria:
(a) the applicant, having made arrangements for medical treatment in Australia, not being treatment for the purposes of surrogate motherhood, seeks to travel to Australia to obtain that treatment;
(b) the applicant satisfies the Minister:
(i) that the applicant does not suffer from a condition which could be a threat to public health in Australia; and
(ii) that arrangements have been concluded to carry out the treatment; and
(iii) that arrangements have been concluded for the payment of all costs related to the treatment and all other expenses of the applicant’s visit to Australia, including the expenses of any person accompanying the applicant; and
(iv) that, except where evidence is produced that the relevant Government authority has otherwise approved, the payment of those costs will not be a charge on the Commonwealth or a State or Territory or any public authority in Australia; and
(v) if the treatment is an organ transplant—that the donor of the relevant organ is accompanying the applicant to Australia or that all requisite arrangements to effect the donation of the organ have been concluded in Australia;
(c) the Minister is satisfied that there would be no disadvantage to any Australian citizen or Australian permanent resident in respect of obtaining medical treatment if the visa was granted;
(d) if the applicant intends to visit the Territory of Christmas Island or of Cocos (Keeling) Islands—the Administrator has confirmed that acceptable accommodation arrangements have been made in relation to the visit.
(2) In this regulation, a reference to medical treatment includes a reference to medical consultation.
Tourist visa
The additional criteria in relation to a tourist visa are the following criteria:
(a) the applicant applies to visit Australia as a tourist;
(b) the applicant does not satisfy the prescribed criteria in relation to a business visitor visa or a visitor (other) visa;
(c) if the applicant intends to visit the Territory of Christmas Island or of Cocos (Keeling) Islands—the Administrator has confirmed that acceptable accommodation arrangements have been made in relation to the visit.
Tourist (special arrangements) visa
The additional criteria in relation to a tourist (special arrangements) visa are the following criteria:
(a) the applicant applies to visit Australia as a tourist in accordance with special arrangements for the issue of tourist visas in respect of travel to Australia;
(b) the applicant is a citizen of a country in relation to which such special arrangements are applicable, and applies for the visa in that country;
(c) the applicant does not satisfy the prescribed criteria in relation to a business visitor visa or a visitor (other) visa;
(d) if the applicant intends to visit the Territory of Christmas Island or of Cocos (Keeling) Islands—the Administrator has confirmed that acceptable accommodation arrangements have been made in relation to the visit.
Visitor (other) visa
The additional criteria in relation to a visitor (other) visa are:
(a) any one of the following criteria:
(i) the applicant is not the parent of a student or trainee studying in Australia and seeks to travel to Australia to visit a person engaged to be married to the applicant or a relative other than a spouse, dependent child or aged parent; or
(ii) the applicant, being the parent or legal guardian of an overseas student:
(A) who has not turned 18 and is studying in Australia; or
(B) who is attending a secondary school in Australia;
or both, seeks to travel to Australia to visit that student at a time when neither the other parent nor (if a different person) the spouse of the applicant is in Australia; or
(iii) the applicant seeks to travel to Australia to undertake an extended tour of Australia; or
(iv) the applicant, being under 18:
(a) is travelling with an organised group; and
(B) is not accompanied by a parent or guardian; and
(C) produces the written consent of a parent or guardian to the applicant’s proposed visit to Australia; and
(b) the following criterion, namely, if the applicant intends to visit the Territory of Christmas Island or of Cocos (Keeling) Islands—the Administrator has confirmed that acceptable accommodation arrangements have been made in relation to the visit.
Return visa, Class A
The additional criteria in relation to a return visa, Class A, are the following criteria:
(a) the applicant, being a person present in Australia, is the holder of:
(i) a valid permanent entry permit granted not earlier than 3 years before the day of application for the visa; or
(ii) a valid entry visa having effect as a permanent entry permit under which the person entered Australia not earlier than 3 years before the day of application for the visa; or
(b) the applicant, being a person not present in Australia, was the holder of a valid permanent entry permit, or a valid entry visa having effect as a permanent entry permit, immediately before leaving Australia and:
(i) in the case of a person granted the relevant permanent entry permit after entry to Australia—the entry permit was granted not earlier than 3 years before the day of application for the visa; or
(ii) in any other case—the person first entered Australia under the relevant permanent entry permit or entry visa not earlier than 3 years before the day of application for the visa.
Return visa, Class B
The additional criteria in relation to a return visa, Class B, are, subject to regulation 119a, the following criteria:
(a) the applicant is an Australian citizen who is the holder of a passport granted by the authorities of another country and recognised by the Commonwealth as a passport for the purposes of travel to and entry to Australia; or
(b) the applicant is an Australian permanent resident or, immediately before going overseas, was an Australian permanent resident (not being an applicant of a kind referred to in paragraph (c)) who in either case was an Australian permanent resident for an aggregate time of not less than 2 years during the 3 years immediately preceding the date of application for the visa; or
(c) the applicant is:
(i) a person, or a member of the family unit of a person, who is or is to be employed overseas by his or her employer in Australia, being:
(A) the Commonwealth; or
(B) the Government of a State or Territory; or
(C) a company or other organisation having its principal office in Australia; or
(ii) a person who has accompanied, or is to accompany, an Australian citizen in the course of travel overseas as a member of his or her family unit; or
(iii) the holder of a business (general) or a business (joint venture) visa or entry permit, or the holder of an entry permit as a business migrant under the Act as in force immediately before 19 December 1989:
(A) who has established, or is taking part in, a business in Australia that satisfies the criterion specified in paragraph 47 (b); and
(B) who is required to travel outside Australia in the interests of Australia;
and has been resident in Australia at some time during the period of 5 years immediately preceding the day of application for the visa.
Return visa, Class C
The additional criteria in relation to a return visa, Class C, are the following criteria:
(a) the applicant is an Australian permanent resident or, immediately before going overseas, was an Australian permanent resident;
(b) the applicant was an Australian permanent resident for at least one year but not more than 2 years during the period of 3 years immediately preceding the day of the application.
Return visa, Class D
The additional criteria in relation to a return visa, Class D, are the following criteria:
(a) the applicant is an Australian permanent resident or, immediately before going overseas, was an Australian permanent resident;
(b) the applicant was an Australian permanent resident at some time, but for less than one year, during the period of 3 years immediately preceding the day of the application;
(c) the applicant was previously the holder of a return visa, Class D and has subsequently satisfied the prescribed criteria in relation to a return visa, Class B or a return visa, Class C;
(d) the applicant establishes substantial reasons for leaving and reentering Australia.
Return visa, Class E
The additional criteria in relation to a return visa Class E, are the following criteria:
(i) at the time of the application, has been absent from Australia for not more than 3 years; and
(ii) seeks the visa in order to resume residence in Australia as an Australian permanent resident;
(b) the applicant is the holder of a valid return endorsement or a document or notation issued on behalf of the Commonwealth before 1 November 1979 in respect of the return of persons to Australia.
Division 3—Additional criteria in relation to visas subject to special provision
Division to cease to have effect
This Division and Part 2 in Schedule 2 cease to be in force on 30 June 1990.
Interpretation
(1) For the purposes of this Division, a person:
(a) who is a non-citizen; and
(b) whose permanent settlement in Australia would be consistent with the regional and global priorities of the Commonwealth in relation to the permanent settlement of persons in Australia on humanitarian grounds;
is to be taken to be a person subject to persecution if the Minister, having regard to:
(c) the degree of persecution experienced by the person:
(ii) if the person is not usually a resident of that country—in the person’s usual country of residence; and
(d) the extent of the person’s connection with Australia; and
(e) whether or not there is any suitable country available, other than Australia, which can provide for the person settlement and protection from persecution; and
(f) the capacity of the Australian community to provide for the permanent settlement of such persons in Australia;
is satisfied that there are compelling reasons for giving special consideration to granting to the person a permanent entry visa or a permanent entry permit.
(2) For the purposes of this Division, a person:
(a) who is a non-citizen; and
(b) whose permanent settlement in Australia would be consistent with the regional and global priorities of the Commonwealth in relation to the permanent settlement of persons in Australia on humanitarian grounds;
is to be taken to be a person subject to discrimination if the Minister, having regard to:
(c) the degree of discrimination experienced by the person:
(ii) if the person is not usually a resident of that country—in the person’s usual country of residence; and
(d) the extent of the person’s connection with Australia; and
(e) whether or not there is any suitable country available, other than Australia, which can provide for the person settlement and protection from discrimination; and
(f) the capacity of the Australian community to provide for the permanent settlement of such persons in Australia;
is satisfied that there are compelling reasons for giving special consideration to granting to the person a permanent entry visa or a permanent entry permit.
Refugee visa
The additional criteria in relation to a refugee visa are the following criteria:
(i) outside the country of which the person is a citizen; or
(ii) if the person is not usually a resident of that country— outside the person’s usual country of residence; and
In-country special humanitarian program visa
The additional criteria in relation to an in-country special humanitarian program visa are the following criteria:
(ii) if the person is not usually a resident of that country—in the person’s usual country of residence;
Global special humanitarian program visa
The additional criteria in relation to a global special humanitarian program visa are the following criteria:
(a) the applicant is a person subject to discrimination;
(i) in the country of which the applicant is a citizen; or
(ii) if the person is not usually a resident of that country—in his or her usual country of residence;
Emergency rescue visa
The additional criteria in relation to an emergency rescue visa are the following criteria:
(b) the Minister is satisfied that there are urgent and compelling reasons for the applicant to travel to Australia;
Woman at risk visa
The additional criteria in relation to a woman at risk visa are the following criteria:
(b) the applicant is a female person;
(c) the applicant is living:
(i) outside the country of which the person is a citizen; or
(ii) if the person is not usually a resident of that country— outside the person’s usual country of residence;
(d) 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;
(e) the Minister is satisfied that:
Camp clearance visa
The additional criteria in relation to a camp clearance visa are the following criteria:
(a) the applicant is a citizen of the Republic of Vietnam;
(b) the applicant is living in a camp in Hong Kong, Thailand, Indonesia, Malaysia or the Philippines, being a camp maintained by the United Nations High Commissioner for Refugees;
(i) if in Hong Kong—arrived in Hong Kong before 16 June 1988; or
(ii) if in Thailand, Indonesia, Malaysia or the Philippines—arrived in that country before 14 March 1989;
(iii) if in Indonesia—arrived before 17 March 1989; or
(iv) if in the Philippines—arrived before 21 March 1989.
(d) the Minister is satisfied that:
Lebanese concession visa
(1) The additional criteria in relation to a Lebanese concession visa are the following criteria:
(a) the sole place of residence of the applicant is in Lebanon;
(b) any residence of the applicant in Lebanon has suffered severe damage as a direct result of the conflict in Lebanon or has otherwise been made unusable indefinitely for the applicant’s purposes;
(c) the applicant has been affected seriously and directly by that conflict to the extent that he or she does not have a prospect of resuming normal life in Lebanon;
(d) the application is made not later than 6 months after the event or latest event that has so affected the applicant’s life in Lebanon;
(e) the applicant is sponsored by a relative:
(i) who was an Australian permanent resident on 5 March 1989 and continues to be such a resident; and
(ii) who provides an assurance of support;
(f) the Minister is satisfied that resettlement in Australia is the only appropriate course for the applicant;
(g) the Minister is satisfied that resettlement of the applicant in Australia would not be contrary to the national interests of Australia.
(2) In subregulation (1), “relative” means a spouse, parent, brother or sister of the applicant, a dependent or non-dependent child of the applicant or a person engaged to be married to the applicant.
Division 4—Prescribed criteria in relation to visas and entry permits: special cases
Grant of visa or entry permit to accompanying dependant or dependant in Australia
108. (1) This regulation applies to a person who is a member of the family unit of, or a dependant in Australia of, an applicant for a visa (in this regulation called “the principal applicant”) where:
(a) the principal applicant has satisfied the prescribed criteria in relation to the relevant class of visas; and
(b) the person:
(i) being a member of the family unit of the principal applicant, is included in the application of the principal applicant; or
(ii) being a dependant of the principal applicant, is in Australia; and
(c) in relationship to sponsorship:
(i) if sponsorship is a prescribed criterion in relation to visas of the class applied for by the principal applicant—the person is also sponsored; or
(ii) if sponsorship is not a prescribed criterion in relation to such visas—the principal applicant establishes that he or she is able to give full financial support to the person for the whole of the period of his or her stay in Australia.
(2) In spite of any prescribed criteria in relation to a visa of the class applied for by the principal applicant in relation to a person to whom this regulation applies, that person is, upon satisfying the criteria prescribed under subregulation (3), entitled to be granted a visa of that class.
(3) In relation to a visa of a class referred to in subregulation (2), on application by a person to whom this regulation applies, the following criteria are prescribed, namely, public interest criteria, as applicable and the applicable prescribed criteria in relation to health.
(4) This regulation does not apply:
(a) if the principal applicant is an applicant for a medical treatment visa, a domestic worker (diplomatic or consular) visa or a domestic worker (overseas organisation) visa; or
(b) if the principal applicant is an applicant for a spouse visa and the person is a spouse other than the spouse in relation to the application of the principal applicant.
(5) In addition to the application of subregulations (1) to (4) inclusive in relation to visas, those subregulations apply to a person who is a member
of the family unit of an applicant for an entry permit of a particular class, or a dependant in Australia of such an applicant, where:
(a) that applicant has satisfied the prescribed criteria in relation to an entry permit of that class; and
(b) the person applies for an entry permit of the same class at the same time as the first-mentioned applicant or as a dependant of that applicant;
as if a reference to a visa in any of those subregulations was a reference to an entry permit.
(6) Where a member of the family unit of a principal applicant is entitled to be granted an entry permit by virtue of this regulation, the entry permit is not to be granted unless an entry permit of the same class has already been granted to the principal applicant.
Entry permit for statutory visitor
(1) The Minister may grant an entry permit of one of the following classes, as applicable, namely:
(a) a statutory visitor (territorial asylum) entry permit;
(b) a statutory visitor (refugee) entry permit;
on application by or on behalf of a statutory visitor who is the holder of a statutory visitor visa if the applicant satisfies the criteria prescribed under subregulation (2).
(2) The following criteria are prescribed in relation to an entry permit of a class referred to in subregulation (1), namely, public interest criteria, as applicable and the prescribed health criteria specified in item 10 in Schedule 1.
Transit visa
The following criteria are prescribed in relation to a transit visa:
(a) the applicant lodges his or her application in a country other than Australia;
(b) the applicant intends to remain in Australia for less than 72 hours;
(c) the applicant establishes that his or her principal purpose in entering Australia is:
(i) to pass through Australia in transit to another country; or
(ii) to join the crew of a vessel in Australia;
(d) the applicant produces tickets or documentation (or both) establishing that he or she has concluded arrangements for travel to a destination outside Australia;
(e) the applicant meets public interest criteria, as applicable, and the health criteria specified in item 9 in Schedule 1.
Border visa
(1) The following criteria are prescribed in relation to a border visa:
(a) the applicant, being a person who seeks to enter Australia, arrives in Australia without a valid visa;
(i) is a person ordinarily resident in Australia who was an Australian permanent resident immediately before his or her departure from Australia; or
(ii) provides to the Minister a written statement on the basis of which the Minister is satisfied that the applicant had reasonable grounds for travelling to Australia without a visa for the purpose of obtaining temporary entry; or
(iii) is a dependent child accompanied by a responsible adult and the Minister is satisfied that the applicant is not the holder of a visa solely because of an administrative error.
(2) Subparagraph (b) (ii) does not apply in the case of a person seeking temporary entry to Australia as a refugee.
Border entry permit
The following criteria are prescribed in relation to a border entry permit:
(a) the applicant is the holder of a valid border visa;
(b) the Minister is satisfied that it would be unreasonable to refuse to allow the applicant to enter Australia.
Restricted passport visa
112a. The following criteria are prescribed in relation to a restricted passport visa:
(a) the applicant, being the holder of a passport that is in force:
(i) issued by the competent authorities of a country other than Australia; and
(ii) subject to a restriction as to the visas that may be endorsed on it;
satisfies the Minister that those authorities would not authorise the removal of the restriction or the issue to the applicant of a passport not subject to the restriction;
(b) the applicant satisfies the prescribed criteria in relation to a visa of the class applied for as applicable to the applicant and any members of the applicant’s family unit.
Emergency (temporary entry) visa
(1) Where:
(a) an applicant for a visa with respect to travel to Australia for the purpose of obtaining temporary entry to Australia, not being an
Australian permanent resident, has satisfied all the prescribed criteria in relation to the relevant class of visas, other than any applicable public interest criteria or prescribed health criteria, or any prescribed criterion that can be satisfied only after the applicant has entered Australia (in this regulation called “the remaining criteria”); and
(b) the applicant seeks to travel to Australia before the remaining criteria have been satisfied;
the applicant is entitled, on satisfying the criteria prescribed under subregulation (2), to be granted an emergency (temporary entry) visa.
(2) The following criteria are prescribed in relation to an emergency temporary entry) visa:
(a) the Minister, on consideration of a written statement by the applicant, is satisfied that the applicant has urgent and compelling reasons for travelling to Australia before the remaining criteria are satisfied;
(b) the Minister is satisfied that the entry to Australia, before the remaining criteria have been satisfied, of the person who has applied for the visa would not be contrary to the interests of Australia;
(c) the Minister is satisfied that the remaining criteria will be satisfied by the applicant after entry to Australia.
(3) A visa granted in accordance with this regulation is to be granted subject to the condition that the visa ceases to have effect on a specified day if the remaining criteria are not satisfied before that day.
(4) In this regulation, “satisfied”, in relation to prescribed criteria, means determined to be satisfied for the purposes of granting the relevant visa.
Emergency (permanent entry) visa
114. (1) Where:
(a) an applicant for a visa with respect to travel to Australia for the purpose of obtaining permanent entry to Australia, not being an Australian permanent resident, has satisfied all the prescribed criteria in relation to the relevant class of visas, other than any prescribed public interest criteria or health criteria that are applicable (in this regulation called “the remaining criteria”); and
(b) the applicant seeks to travel to Australia before the remaining criteria have been satisfied;
the applicant is entitled, on satisfying the criteria prescribed under subregulation (2), to be granted an emergency (permanent entry) visa.
(2) The following criteria are prescribed in relation to an emergency (permanent entry) visa:
(a) the Minister is satisfied that the entry to Australia, before the remaining criteria have been satisfied, of the person who has applied for the visa would not be contrary to the interests of Australia;
(b) the Minister is satisfied that the remaining criteria will be satisfied by the applicant after entry to Australia.
Grant of visa to enable re-entry to Australia
115. (1) Where:
(a) a person is the holder of a visa, a temporary entry visa or a temporary entry permit, not being such visa, entry visa or entry permit held:
(i) as a student sponsored by AIDAB; or
(ii) subject to the condition that the holder will not, after entering Australia, be entitled to be granted another entry permit while he or she remains in Australia; and
(b) the person applies for a visa in respect of travel to Australia; and
(c) the person:
(i) is not an applicant for a temporary entry permit for the purposes of section 11zd of the Act, or for a permanent entry permit, and the Minister is satisfied that it would be reasonable to grant the visa; or
(ii) is an applicant for a temporary entry permit for the purposes of section 11zd of the Act, or for a permanent entry permit, and the Minister is satisfied that there are compelling reasons for the applicant to leave Australia before the application can be determined; or
(iii) is the holder of an entry visa or an entry permit as a student sponsored by AIDAB and produces evidence that AIDAB approves his or her departure from Australia;
the person is entitled to be granted a visa or a temporary entry visa of the same or equivalent class, and subject to the same conditions, as the visa, entry visa or entry permit held by the person at the time of the application.
(a) a person is the holder of a valid temporary entry permit; and
(b) the person has been granted refugee status by the Minister; and
(c) the person applies in Australia for a visa in respect of travel to Australia; and
(d) the Minister is satisfied that the return of the person to Australia after his or her departure would not be contrary to the interests of Australia;
the person is entitled to be granted a visa, or an entry visa having effect, after entry to Australia, as a temporary entry permit of the same class, and subject to the same conditions, as the temporary entry permit held by the person at the time of the application.
Refugee A (restricted) visa or entry permit
The following criteria are prescribed in relation to a refugee A (restricted) visa or entry permit:
(a) the applicant is present in Australia on the day of the application;
(b) the applicant is not the holder of a temporary entry permit which is valid for the purposes of section 11zd of the Act;
(c) the applicant has been granted refugee status by the Minister;
(d) the Minister is satisfied that permanent settlement in Australia is the appropriate durable solution for the applicant;
(e) settlement of the applicant in Australia would not be contrary to the interests of Australia.
Refugee B (restricted) visa or entry permit
The following criteria are prescribed in relation to a refugee B (restricted) visa or entry permit:
(a) the applicant is present in Australia on the day of the application;
(b) the applicant has been granted refugee status;
(c) either:
(i) the Minister is satisfied:
(A) that permanent settlement in Australia is not the appropriate durable solution for the applicant or would be contrary to the interests of Australia; and
(B) that, at the time when the applicant was granted refugee status, no other country had been found which would accept the applicant for resettlement; or
(ii) the applicant has been granted refugee status but does not wish to remain permanently in Australia.
Refugee C (restricted) entry permit
The following criteria are prescribed in relation to a refugee C (restricted) entry permit:
(a) the applicant has applied to the Minister to be granted refugee status;
(b) at the time of the application for the entry permit, the applicant is the holder of a temporary entry permit that is valid for the purposes of section 11zd of the Act;
(c) at the time of the application, the applicant had not been granted refugee status by the Minister;
(d) the applicant has a claim of substance to be granted refugee status.
Refugee D (restricted) entry permit
The following criteria are prescribed in relation to a refugee D (restricted) entry permit:
(a) the applicant has applied to the Minister to be granted refugee status;
(b) at the time of the application for the entry permit the applicant is not the holder of a temporary entry permit that is valid for the purposes of section 11zd of the Act;
(c) at the time of the application, the applicant had not been granted refugee status by the Minister;
(d) the applicant has a claim of substance to be granted refugee status.
Grant of return visa, Class B in certain cases
119a. Where an applicant for a return visa:
(a) is the holder of a return endorsement or a document or notation issued on behalf of the Commonwealth before 1 November 1979 in respect of the return of persons to Australia; and
(b) lodges the application not later than 31 December 1989;
the applicant is entitled to be granted a return visa, Class B and is not required to satisfy the criteria specified in regulation 95.
Processing visa
119b. The following criteria are prescribed in relation to a processing visa:
(a) the applicant is the holder of a processing entry permit;
(b) the applicant is present in Australia on the day of the application;
(c) the Minister is satisfied that the return of the person to Australia after his or her departure would not be contrary to the interests of Australia.
Return entry permit, Class E—return endorsement
119c. The prescribed criteria in relation to a return entry permit, Class E are the following criteria:
(a) the applicant is the holder of a return endorsement or a return visa, Class E;
(b) the Minister is satisfied that it would not be inconsistent with the interests of Australia to grant the entry permit.
Division 5—Prescribed criteria in relation to temporary entry permits granted only in Australia
Grant of temporary entry permit (other than working holiday entry permit) to holder of visitor visa or entry permit
120. The following criteria are prescribed in relation to a temporary entry permit (other than a working holiday entry permit or a domestic worker (diplomatic or consular) entry permit) where the applicant for the entry permit is the holder of a valid visitor visa or entry permit:
(b) the visa or entry permit was not granted subject to a condition that the holder of the visa or entry permit will not, after entering Australia, be entitled to be granted:
(c) the applicant satisfies prescribed public interest criteria (as applicable) and the prescribed health criterion specified in item 10 in Schedule 1;
(d) the Minister is satisfied that the applicant intends to comply with any conditions subject to which the entry permit is granted;
(e) the applicant, being an applicant for a visitor entry permit:
(i) establishes that there are compelling personal reasons for seeking to extend his or her stay in Australia; or
(ii) establishes that a further period of stay in Australia is necessary in connection with legal proceedings; or
(iii) seeks to extend his or her stay in Australia for purposes of tourism; or
(iv) establishes that a further period of stay in Australia is necessary to complete business negotiations or arrangements;
and in addition, the applicant:
(v) establishes that the proposed visit to Australia is a genuine visit and that he or she has adequate financial support for the proposed period of stay during that visit; or
(vi) being an applicant for a retirement entry permit—satisfies the prescribed criteria in relation to a visa of a class to which that class of entry permits is equivalent; or
(vii) being an applicant for a temporary resident entry permit other than a retirement entry permit:
(A) has special occupational or professional skills (or both); and
(B) is sponsored by an employer or organisation who or which is able to establish that a person with such skills is not reasonably available in Australia; and
(C) satisfies the prescribed criteria in relation to the relevant class of visas; or
(viii) being an applicant for a student entry permit:
(A) satisfies the prescribed criteria in relation to the relevant class of entry permits; and
(B) establishes exceptional reasons for the grant of the entry permit.
Grant of temporary entry permit to holder of working holiday visa or entry permit
121. The following criteria are prescribed in relation to a temporary entry permit (other than a domestic worker (diplomatic or consular) entry permit) where the applicant for the entry permit is the holder of a valid working holiday visa or entry permit:
(c) the applicant satisfies prescribed public interest criteria (as applicable) and the prescribed health criterion specified in item 10 in Schedule 1;
(d) the Minister is satisfied that the applicant intends to comply with any conditions subject to which the entry permit is granted;
(e) the applicant, being an applicant for a temporary resident entry permit, satisfies the prescribed criteria in relation to the class of visas equivalent to the class of entry permits to which the application relates and in addition:
(i) has special occupational or professional skills (or both); and
(ii) is sponsored by an employer or organisation who or which is able to establish that a person with such skills is not reasonably available in Australia;
(f) the applicant:
(i) being an applicant for a working holiday entry permit:
(A) satisfies the prescribed criteria in relation to the class of visas that is equivalent to the class of entry permits to which the application relates; and
(B) establishes that he or she has adequate financial support for the proposed period of stay in Australia; or
(ii) being an applicant for a student entry permit or a visitor entry permit:
(A) satisfies the prescribed criteria in relation to the class of visas that is equivalent to the class of entry permits to which the application relates; and
(B) establishes exceptional reasons for the grant of the entry permit; and
(iii) being an applicant for a visitor entry permit:
(A) satisfies the prescribed criteria in relation to that class of entry permits; and
(B) establishes exceptional reasons for the grant of entry permits;
and in addition, establishes that the proposed extension of his or her visit to Australia is to be undertaken for genuine reasons, that the applicant has adequate financial support for his or her stay during that visit and:
(C) that there are compelling reasons for seeking to extend his or her stay in Australia; or
(D) that a further period of stay in Australia is necessary in connection with legal proceedings; or
(E) that the applicant seeks to extend his or her stay in Australia for purposes of tourism.
Grant of temporary entry permits to holders of certain student visas or entry permits
122. The following criteria are prescribed in relation to a temporary entry permit (other than a working holiday entry permit or a domestic worker (diplomatic or consular) entry permit) where the applicant for the entry permit is the holder of a valid private subsidised student visa or entry permit or a valid student (formal course) visa or entry permit:
(c) the applicant satisfies prescribed public interest criteria (as applicable) and the prescribed health criterion specified in item 10 in Schedule 1;
(d) the Minister is satisfied that the applicant intends to comply with any conditions subject to which the entry permit is granted;
(i) being an applicant for a visitor entry permit:
(A) satisfies the prescribed criteria in relation to the relevant class of visitor entry permits; and
(B) has been in Australia for a period of less than 12 months under the relevant student visa or entry permit or has successfully completed a formal course of study in Australia and wishes to remain in Australia to attend a graduation ceremony; or
(ii) being an applicant for a temporary resident entry permit:
(A) has successfully completed a formal course of study in Australia; and
(B) has special occupational or professional skills (or both); and
(C) is sponsored by an employer or organisation who or which is able to establish that a person with those skills is not reasonably available in Australia; and
(D) where the applicant is the holder of a private subsidised student entry permit—the sponsor establishes a strong case on economic grounds for the grant of the entry permit and the Minister is satisfied that it would not be detrimental to Australia’s policies in respect of overseas students to grant the entry permit; and
(E) satisfies the prescribed criteria in relation to the relevant class of entry permits; or
(iii) being an applicant for a student entry permit:
(B) establishes that, in connection with, or arising from, the student’s course of study in Australia, the applicant needs to continue studying in Australia, or is required by the relevant educational institution to remain in Australia during the marking of a post-graduate thesis, or requires practical employment experience after graduation to obtain registration in a profession in which registration is a pre-requisite for the practice of the profession in the applicant’s usual country of residence; and
(C) produces evidence that the Minister of State for Employment, Education and Training or the Australian International Development Assistance Bureau has approved the grant of the entry permit; and
(D) establishes that he or she has adequate financial support for the period of his or her intended stay in Australia.
Grant of visitor or student entry permits to holders of certain student visas or entry permits
123. The following criteria are prescribed in relation to a temporary entry permit (other than a working holiday entry permit or a domestic worker (diplomatic and consular) entry permit) where the applicant for the entry permit is the holder of a valid visa or entry permit of one of the following classes, namely, student (Equity and Merit Scholarship Scheme), student (AIDAB), trainee (non-formal course) and trainee (English language):
(b) the applicant has successfully completed the course or training, or part of the course of training, in Australia in respect of which the visa or entry permit was granted;
(c) the Minister is satisfied that the applicant intends to comply with any conditions subject to which the entry permit is granted;
(i) being an applicant for a visitor entry permit:
(A) satisfies the prescribed criteria in relation to the relevant class of visitor entry permits; and
(B) has been in Australia for less than 12 months under the relevant visa or entry permit; or
(ii) being an applicant for a student entry permit who is the holder of a valid student (AIDAB) visa or entry permit or a valid student (Equity and Merit Scholarship Scheme) visa or entry permit:
(B) is approved for entry to Australia as a student by the Minister of State for Foreign Affairs and Trade in relation to the administration of AIDAB; or
(C) establishes that, in connection with, or arising from, the student’s course of study in Australia, the applicant needs to continue studying in Australia, or is required by the relevant educational institution to remain in Australia during the marking of a post-graduate thesis, or requires practical employment experience after graduation to obtain registration in a profession in which registration is a pre-requisite for the practice of the profession in the applicant’s usual country of residence; and
(iii) being the holder of a trainee (English language) visa or entry permit or a trainee (non-formal course) visa or entry permit, is an applicant for:
(A) a student (AIDAB) entry permit; or
(B) a student (Equity and Merit Scholarship Scheme) entry permit; or
(C) a student (formal course) entry permit; or
(D) a trainee (English language) entry permit; or
(E) a trainee (non-formal course) entry permit;
who satisfies the prescribed criteria in relation to the relevant class of entry permits and is a trainee or has entered Australia to undertake a course of study lasting more than 12 months.
Grant of student entry permit to holder of or person included in diplomatic visa
The following criteria are prescribed in relation to a student entry permit where the applicant for the entry permit is a person who has entered Australia as a dependant of the holder of a valid diplomatic visa or as a person taken to be included in the visa of a holder of such a visa:
(a) the holder of the visa is completing an official posting in Australia;
(b) the applicant satisfies the prescribed criteria in relation to that class of entry permits;
(c) the Minister of State for Foreign Affairs and Trade recommends that the entry permit be granted.
Prescribed criteria for grant of temporary entry permit to lawful temporary resident
The following criteria are prescribed in relation to an entry permit (other than a working holiday entry permit or a domestic worker (diplomatic or consular) entry permit), being an entry permit intended to have effect as a temporary entry permit, on application by the holder of a valid temporary resident visa or a valid temporary resident entry permit:
(c) the applicant satisfies prescribed public interest criteria (as applicable) and the prescribed health criterion specified in item 10 in Schedule 1;
(d) the Minister is satisfied that the applicant intends to comply with any conditions subject to which the entry permit is granted;
(i) being an applicant for a visitor entry permit, satisfies the prescribed criteria in relation to the relevant class of visitor entry permits; or
(ii) being an applicant for a temporary resident entry permit, satisfies the prescribed criteria in relation to the relevant class of temporary resident entry permits; or
(iii) being an applicant for a student entry permit:
(B) establishes that there are exceptional circumstances for the grant of the entry permit.
Extended eligibility (spouse) entry permit
The following criteria are prescribed in relation to an extended eligibility (special circumstances) entry permit:
(a) the applicant is not the holder of a visitor visa or entry permit, or an illegal entrant (other than an illegal entrant referred to in subparagraph 25 (1) (b) (i));
(i) since arrival in Australia, has become the spouse of an Australian citizen or an Australian permanent resident and the relationship with his or her spouse is a genuine and continuing relationship; and
(ii) satisfies public interest criteria and the prescribed health criteria specified in item 9 in Schedule 1.
Extended eligibility (family) entry permit
The following criteria are prescribed in relation to an extended eligibility (family) entry permit:
(i) is a dependent child whose last custodial parent has died since the applicant’s arrival in Australia and who has new custodial parents:
(A) being Australian citizens or Australian permanent residents; or
(B) at least one of whom has become an Australian citizen or an Australian permanent resident; or
(ii) being the parent of an Australian citizen or an Australian permanent resident:
(A) has become an aged parent since arriving in Australia and satisfies the balance of family test; or
(B) is an aged parent who, as the result of the death or permanent migration of a child, being a child resident in Australia for a reasonable period, since the arrival of the applicant in Australia, satisfies the balance of family test; or
(iii) as the result of a death or permanent incapacitation since the applicant’s arrival in Australia:
(A) has become an aged dependent relative, remaining relative, special need relative or orphan relative; and
(B) the relative in Australia to whom that relationship relates is an Australian citizen, or an Australian permanent resident, who has been resident in Australia for a reasonable period;
(iv) is an illegal entrant referred to in subparagraph 25 (1) (b) (i);
(b) the applicant satisfies public interest criteria, as applicable, and the prescribed health criteria specified in item 9 in Schedule 1.
Extended eligibility (economic) entry permit
128. (1) The following criteria are prescribed in relation to an extended eligibility (economic) entry permit:
(i) is not, and during the period of 10 years immediately preceding the day of the application has not been, a prescribed non-citizen; and
(ii) is not the holder of a visitor visa or entry permit, or an illegal entrant; and
(iii) either:
(A) has held one or more than one temporary entry permit permitting temporary residence in Australia for an aggregate period of more than 12 months (other than a retirement, working holiday, domestic worker (diplomatic or consular) or expatriate entry permit) and has permission to work under an entry permit in force at the time of the application; or
(B) is the holder of a student (formal course) entry permit and has completed a formal course of study at a higher education institution while the holder of such an entry permit; or
(C) is the holder of a working holiday entry permit; and
(iv) satisfies the prescribed criteria in relation to any of the following classes of visas, namely, labour agreement, employer nomination, business (joint venture), business (general), distinguished talent (Australian support) or distinguished talent (independent);
(b) the applicant satisfies public interest criteria as applicable and the prescribed health criteria specified in item 9 in Schedule 1.
(2) In this regulation, “prescribed non-citizen” means:
(a) where that expression is applicable in respect of the day of commencement of these Regulations or any later day—a prescribed non-citizen within the meaning of section 11zd of the Act; or
(b) where that expression is applicable in respect of a day before the day of commencement of these Regulations—a non-citizen who does not satisfy a condition specified in any paragraph of subsection 6a (1) of the Act as in force immediately before that commencement.
Extended eligibility (other) entry permit
The following criteria are prescribed in relation to an extended eligibility (other) entry permit:
(a) after the arrival of the applicant in Australia:
(i) a substantial political upheaval involving individual danger to the applicant:
(A) has taken place in the applicant’s usual country of residence; and
(B) has been specified by the Minister by notice published in the Gazette as such an upheaval; or
(ii) a major natural disaster, involving the destruction of the applicant’s home and livelihood:
(A) has taken place in his or her usual country of residence; and
(B) has been specified by the Minister by notice published in the Gazette as such a disaster; or
(iii) significant changes, involving significant repression of a political, social, religious or ethnic group or body of which the applicant is a member:
(A) have taken place in the applicant’s usual country of residence; and
(B) have been specified by the Minister, by notice published in the Gazette, as such significant changes;
with the result that there is a substantial probability that the applicant personally will suffer serious and lasting consequences;
(b) permanent settlement in Australia is the most appropriate course for the applicant;
(c) there is not a country (other than the country in which the applicant is resident) in which the applicant is entitled to reside;
(d) the applicant satisfies public interest criteria, as applicable, and the prescribed health criteria specified in item 9 in Schedule 1.
Extended eligibility (limited) entry permit
130. The following criteria are prescribed in relation to an extended eligibility (limited) entry permit:
(a) after the arrival of the applicant in Australia:
(i) a substantial political upheaval involving individual danger to the applicant:
(A) has taken place in the applicant’s usual country of residence; and
(B) has been specified by the Minister by notice published in the Gazette as such an upheaval; or
(ii) a major natural disaster, involving the destruction of the applicant’s home and livelihood:
(A) has taken place in his or her usual country of residence; and
(B) has been specified by the Minister by notice published in the Gazette as such a disaster; or
(iii) significant changes involving significant repression of a political, social, religious or ethnic group or body of which the applicant is a member:
(A) have taken place in the applicant’s usual country of residence; and
(B) have been specified by the Minister, by notice published in the Gazette, as such significant changes;
(b) the applicant satisfies public interest criteria, as applicable, and the prescribed health criteria specified in item 9 in Schedule 1.
Processing entry permit
131. The following criteria are prescribed in relation to a processing entry permit:
(a) in the case of an applicant for a temporary entry permit:
(i) on the day of the application, the applicant was the holder of a valid entry visa having effect as a temporary entry permit, or a valid temporary entry permit;
(ii) after that day and before the application has been determined, the entry visa or temporary entry permit has expired;
(iii) the Minister is satisfied that it would be unreasonable to require the applicant to leave Australia before the application is determined; or
(b) in the case of an applicant for a permanent entry permit:
(i) on the day of the application, the applicant was the holder of a temporary entry permit or a temporary entry visa valid for the purposes of section 11zd of the Act;
(ii) after that day and before the application has been determined, the entry visa or temporary entry permit has expired;
(iii) the applicant has satisfied the prescribed criteria in relation to the entry permit applied for, other than public interest criteria and prescribed health criteria.
Division 6—Prescribed criteria in relation to certain classes of permanent entry permits granted only after entry to Australia
Application of Division
This Division applies to those classes of entry permits specified in Part 2 in Schedule 3.
Territorial asylum entry permit
The additional criterion in relation to a territorial asylum entry permit is the following criterion, namely, the applicant has been granted territorial asylum in Australia by instrument of a Minister.
Spouse (after entry) entry permit
The additional criteria in relation to a spouse (after entry) entry permit are the following criteria:
(a) the applicant is the spouse of an Australian citizen or an Australian permanent resident;
(b) the relationship between the spouses is a genuine and continuing relationship;
(c) the applicant is nominated by the other spouse;
(d) the applicant meets the requirements of at least one of the paragraphs of subsection 11zd (1) of the Act.
Child (after entry) entry permit
The additional criteria in relation to a child (after entry) entry permit are the following criteria:
(a) the applicant is a dependent child;
(b) the child is nominated by a parent who is an Australian citizen or an Australian permanent resident;
(c) the Minister is satisfied that the rights and interests of any person who has custody or guardianship of the child, or access to the child, would not be prejudiced if the entry permit was granted;
(d) the applicant meets the requirements of at least one of the paragraphs of subsection 11zd (1) of the Act.
Aged parent (after entry) entry permit
The additional criteria in relation to an aged parent (after entry) entry permit are the following criteria:
(a) the applicant is an aged parent and is nominated by an adult child who has been lawfully resident in Australia for a reasonable period;
(b) the applicant has an assurance of support;
(c) the applicant meets the balance of family test;
(d) the applicant satisfies the requirements of at least one of the paragraphs of subsection 11zd (1) of the Act.
Refugee (after entry) entry permit
The additional criteria in relation to a refugee (after arrival) entry permit are the following criteria:
(b) the applicant has been granted refugee status by the Minister;
(i) permanent settlement in Australia is the most appropriate durable solution for the applicant; and
Skilled occupation entry permit
(1) The additional criteria in relation to a skilled occupation entry permit are the following criteria:
(b) the applicant is not a prescribed non-citizen within the meaning of section 11zd of the Act;
(i) is not, and during the period of 10 years immediately preceding the day of the application has not been, a prescribed non-citizen; and
(ii) is not the holder of a visitor visa or entry permit, or an illegal entrant; and
(iii) either:
(A) has held one or more than one temporary entry permit permitting temporary residence in Australia for an aggregate period of more than 12 months (other than a retirement, working holiday, domestic worker (diplomatic or consular) or expatriate entry permit) and has permission to work under an entry permit in force at the time of the application; or
(B) is the holder of a student (formal course) entry permit and has completed a formal course of study at a higher education institution while the holder of such an entry permit; or
(C) is the holder of a working holiday entry permit; and
(iv) satisfies the prescribed criteria in relation to any of the following classes of visas, namely, labour agreement, employer nomination, business (joint venture), business (other), distinguished talent (Australian support) or distinguished talent (independent);
(d) if the applicant applies for the entry permit on the basis of satisfying the prescribed criteria in relation to a labour agreement visa or an employer nomination visa—the applicant provides a nomination from his or her prospective employer.
(2) In subregulation (1), “prescribed non-citizen” has the same meaning as in regulation 129.
Compassionate grounds entry permit
(1) The additional criteria in relation to a compassionate grounds entry permit are the following criteria:
(b) the Minister is satisfied that there are strong compassionate grounds for granting the entry permit;
(c) the applicant is an illegal entrant referred to in subparagraph 25 (1) (b) (i).
(2) In this regulation, a reference to strong compassionate grounds is a reference to any of the following grounds:
(a) the applicant is:
(i) in relation to a person who is an Australian citizen resident in Australia or an Australian permanent resident:
(A) an aged dependent relative; or
(B) an orphan relative; or
(C) a remaining relative; or
(D) a special need relative;
(b) the applicant satisfies the criteria in relation to any of the following classes of visas: former citizen, former resident, family reunion (New Zealand citizen).
(3) Subregulation (2) does not apply:
(a) to a person who is an aged dependent relative or a remaining relative—unless the Australian citizen or Australian permanent resident has been lawfully a permanent resident of Australia for not less than 2 years immediately preceding the day of the relevant application and nominates the person; or
(b) to a person who is an orphan relative or special need relative— unless the person is nominated by the Australian citizen or Australian permanent resident.
Humanitarian grounds entry permit
141. (1) The additional criteria in relation to a humanitarian grounds entry permit are the following criteria:
(b) the Minister is satisfied that:
(i) there are strong humanitarian grounds for granting the entry permit; and
(ii) resettlement in Australia is the most appropriate durable solution for the applicant; and
(iii) such resettlement would not be contrary to the interests of Australia; and
(iv) there is no country (other than the country in which the applicant is resident) in which the applicant is entitled to reside.
(2) In this regulation, a reference to strong humanitarian grounds is a reference to any of the following grounds:
(a) a substantial political upheaval involving individual danger to the applicant:
(i) has taken place in the applicant’s usual country of residence; and
(ii) has been specified by the Minister by notice published in the Gazette as such an upheaval; or
(b) a major natural disaster, involving the destruction of the applicant’s home and livelihood:
(i) has taken place in his or her usual country of residence;
(ii) has been specified by the Minister by notice published in the Gazette as such a disaster; or
(c) significant changes, involving significant repression of a political, social, religious or ethnic group or body of which the applicant is a member:
(i) have taken place in the applicant’s usual country of residence; and
(ii) have been specified by the Minister, by notice published in the Gazette, as such significant changes; or
(d) the grounds constituted by the additional criteria specified in regulation 107;
with the result that there is a substantial probability that the applicant personally will suffer serious and lasting consequences.
(3) A ground constituted by an event referred to in a paragraph of subregulation (2) is not to be taken to be a strong humanitarian ground unless the event occurred after the arrival of the applicant in Australia.
Confirmatory entry permit
142. The additional criteria in relation to a confirmatory entry permit are the following criteria:
(i) has satisfied outside Australia all the criteria for a permanent entry permit of a particular class that it is possible to satisfy outside Australia (other than marriage, if applicable) and must enter Australia to satisfy the remaining criteria for that entry permit; or
(ii) is the holder of a prospective marriage visa and has married the person the holder entered Australia to marry; or
(iii) is the holder of a visa granted in emergency under regulation 114 and has satisfied the remaining criteria, or substantiated the claim to be an Australian permanent resident; or
(iv) is the holder of a border entry permit and establishes that he or she would be an Australian permanent resident.
Division 7—Waiver of prescribed criteria
Waiver of good character requirement
Notwithstanding any other provision of these Regulations, the Minister may grant a visa or an entry permit to an applicant who fails to satisfy public interest criteria only because the applicant is to be taken not to be of good character, if:
(a) the Minister is satisfied that:
(i) in the case of the circumstance referred to in subparagraph 4 (a) (i)—the circumstance no longer obtains; or
(ii) in the case of conduct referred to in subparagraph 4 (a) (ii) or (iii)—the applicant has shown by subsequent conduct that he or she is reformed;
(b) the Minister is satisfied that undue harm would be unlikely to result to the Australian community if the visa or entry permit was granted;
(c) the Minister is satisfied:
(i) that the applicant satisfies the other prescribed criteria in relation to a refugee visa or entry permit or a humanitarian visa or entry permit; and
(ii) that any period of imprisonment imposed on the applicant was imposed, in reality, for a political offence.
Waiver of health criteria
(1) This regulation applies only in relation to a visa or an entry permit of one of the following classes:
spouse, child, adoption, refugee, in-country special humanitarian program, global (special humanitarian program), emergency rescue, woman at risk, camp clearance, Lebanese concession, former citizen, prospective marriage, asylum (after entry), spouse (after entry), compassionate (only if applied for on the basis that the applicant is a de facto spouse), humanitarian (only if granted after entry).
(2) In spite of any other provision of these Regulations, the Minister may grant a visa or an entry permit of a class to which this regulation applies if a Commonwealth medical officer has formed the opinion that the applicant:
(a) is free of tuberculosis and other communicable diseases of a fatal or serious nature which are a threat to public health in Australia; and
(b) is free of other diseases and conditions which are a danger to members of the Australian community; and
(c) is free of diseases and conditions which are likely to result in offspring being produced with disease or condition referred to in paragraph (a) or (b); and
(d) is unlikely, as a result of a disease or condition, to prejudice the access to health care of any Australian citizen or Australian permanent resident.
(3) The Minister is not to grant a visa or an entry permit referred to in this regulation unless the Minister is satisfied that undue harm or undue cost would be unlikely to result to the Australian community if the visa or entry permit was granted.
Division 8—Prescribed qualifications: application of points system
Prescribed qualifications and prescribed number of points
(1) For the purposes of subsections 11l (1) and 11x (2) of the Act, each qualification specified in Column 2 of an item in Schedule 4 is prescribed as a qualification in relation to an applicant for a visa or an entry permit, as the case may be.
(2) In relation to a prescribed qualification specified in Column 2 of an item in Schedule 4, the following number of points is prescribed, namely, the number of points specified in Column 3 of that item.
(3) For the purposes of section 11l (1) or 11x (2) of the Act, the Minister:
(a) is not to give an applicant a prescribed number of points for more than one prescribed qualification in each Part in Schedule 4; and
(b) is to give the applicant only the number of points applicable to the prescribed qualification that meets the applicant’s circumstances and for which the prescribed number of points is the highest for any such prescribed qualification.
Qualification—suitability for employment
For the purposes of sections 11l and 11x of the Act, and Schedule 5, the qualification specified in each of the following paragraphs is to be taken to be a qualification in relation to the suitability of a person for employment:
(i) applies to enter Australia on the basis of an occupation:
(A) that is the applicant’s usual occupation; and
(B) that is included in the priority list of occupations; and
(C) for which, in Australia, a degree or trade certificate is required; and
(D) in respect of which the applicant has a degree or trade certificate that meets Australian standards for the occupation, or experience assessed by the relevant Australian authorities to be equivalent to such a degree or trade certificate; and
(ii) has qualifications or experience (or both) that meet any Australian licensing and registration requirements for that occupation; and
(iii) has worked in that occupation, or a closely related occupation, for not less than 3 years immediately before the date of the
application (unless some other period is specified by CTC or NOOSR);
(b) the applicant possesses all the attributes in respect of the qualification under paragraph (a) except that he or she does not apply to enter Australia on the basis of an occupation that is included in the priority list of occupations;
(i) possesses the attributes referred to in subparagraphs (a) (i) and (ii) except that he or she does not apply to enter Australia on the basis of an occupation that is included in the priority list of occupations; and
(ii) has worked in that occupation, or a closely related occupation:
(A) if a period of employment is specified by CTC or NOOSR for the purposes of this provision—at least for a shorter period immediately before the day of the application; or
(B) if no such period is specified—for a period of less than 3 years immediately before the day of the application;
(i) applies to enter Australia on the basis of an occupation:
(A) which is the applicant’s usual occupation; and
(B) for which, in Australia, a diploma or an associate diploma is required; and
(C) in respect of which the applicant has a diploma or an associate diploma that meets Australian standards, or experience assessed by the relevant Australian authorities to be equivalent to such a diploma or associate diploma; and
(ii) possesses, in relation to the relevant occupation, the attributes referred to in subparagraphs (a) (ii) and (iii);
(i) possesses the attributes referred to in subparagraphs (a) (ii) and (d) (i); and
(ii) has worked in that occupation, or in a closely related occupation:
(A) if a period is specified by CTC or NOOSR for the purposes of this provision—at least for a shorter period immediately before the day of the application; or
(B) if no such period is specified—for a period of less than 3 years immediately before the day of the application;
(f) the applicant:
(i) applies to enter Australia on the basis of an occupation which is the applicant’s usual occupation, being an occupation:
(A) for which, in Australia, a degree, diploma or trade certificate is required; and
(B) in respect of which the applicant possesses a degree, diploma or trade certificate which qualifies the applicant to be employed in such an occupation in his or her usual country of residence but not in Australia; and
(C) in respect of which the degree, diploma or trade certificate possessed by the applicant could be upgraded to meet Australian standards by a supervised course lasting not more than 6 months;
(ii) possesses, in relation to such an occupation, the attributes referred to in subparagraph (a) (iii);
(g) the applicant:
(i) applies to enter Australia:
(A) on the basis of an occupation which is the applicant’s usual occupation; and
(B) as a person who has educational qualifications equivalent to completion of secondary education in Australia and in addition qualifications at a higher level;
(ii) has an occupation:
(A) which is the applicant’s usual occupation; and
(B) for which, in Australia, a degree, trade certificate, diploma or associate diploma is required; and
(C) in respect of which the applicant possesses a degree, diploma or trade certificate which qualifies the applicant to be employed in such an occupation in his or her usual country of residence but not in Australia; and
(D) in respect of which the applicant’s qualifications could be upgraded to meet Australian standards by a supervised course lasting not more than 6 months; and
(E) has worked in that occupation, or in a closely related occupation:
(a) if a period is specified by CTC or NOOSR for the purposes of this provision—at least for a shorter period immediately before the day of the application; or
(b) if no such period is specified—for a period of less than 3 years immediately before the day of the application;
(h) the applicant has an occupation which is the applicant’s usual occupation and has educational qualifications equivalent to 6 years of secondary education in Australia;
(i) the applicant has an occupation which is the applicant’s usual occupation and has educational qualifications equivalent to 4 years of secondary education in Australia.
Qualification—relationship
147. For the purposes of sections 11l and 11x of the Act, and Schedule 4, the qualification specified in each of the following paragraphs is to be taken to be a qualification in respect of the relationship between an applicant and a person sponsoring the applicant in relation to the relevant application:
(a) the sponsor is a son or daughter, an adopted son or adopted daughter or a stepson or stepdaughter of the applicant;
(b) the sponsor is an aunt or uncle, an adoptive aunt or uncle or a step-aunt or step-uncle of the applicant.
(2) In this regulation:
(a) a reference to adoption is a reference to an adoption occurring before the person adopted turned 18; and
(b) a reference to a step-relationship is a reference to such a relationship where the applicant and the relevant step-relative of the applicant have been members of the same family unit for a reasonable period and are members of the same family unit at the time of the relevant application.
PART 4—COLLECTION OF INFORMATION WITH RESPECT TO PERSONS ON VESSELS
Provision of information—general requirement
148aa. (1) This regulation applies to:
(a) a person who is an overseas passenger:
(i) arriving on board a vessel at a port in Australia in the course of, or at the conclusion of, an overseas flight or an overseas voyage;
(ii) leaving Australia on board a vessel bound for or calling at a place outside Australia; and
(b) a person on board an aircraft arriving at or departing from an airport in Australia, being an aircraft operated by an international air carrier within the meaning of subsection 67 (2b) of the Act.
(2) An officer may require a person to whom this regulation applies, being a person referred to in subregulation (1):
(a) to complete a passenger card:
(i) in relation to the person and to any other person that person is in charge of on the relevant flight or voyage; and
(ii) in accordance with directions set out on the passenger card; and
(b) to give the completed passenger card to an officer.
(3) An officer may require a person to whom this regulation applies to provide to the officer information in respect of the person in respect of any of the following matters:
(a) name;
(b) date of birth and country of birth;
(c) citizenship;
(d) sex and marital status;
(e) usual occupation;
(f) passport number;
(g) if the person is not an Australian citizen or a New Zealand citizen— number of the Australian visa held by the person;
(h) flight number of aircraft or name of ship in relation to the relevant flight or voyage;
(i) country in which the person boarded, or intends to disembark from, the aircraft or ship;
(j) if the person is entering Australia—the intended address of the person in Australia;
(k) if the person is not an Australian citizen and is entering Australia— the intended purpose of entry.
Use of information
148a. (1) With the written consent of the Minister, use may be made of information collected pursuant to this Part in respect of persons, being information collected from passenger cards or passports, or contained in notified data bases (or both), by an officer of any Department or authority of the Commonwealth, or of a State or Territory, that is concerned with any of the following matters, namely, law enforcement, national security, national intelligence, education, health, community services, social welfare, employment, labour, taxation, statistics, quarantine, customs, excise.
(2) The consent of the Minister for the use of information concerned with a matter specified in subregulation (1) may be given in respect of a particular occasion or any number of occasions.
(3) Where:
(a) the Commonwealth has entered into an agreement with another country in relation to the provision of information concerning international movements of air traffic and passengers on international flights; and
(b) the Minister is satisfied that the provision to that country of the information specified in subregulation (3) would facilitate the handling of aircraft or of passengers travelling to destinations outside Australia;
the Minister may cause that information to be provided to the immigration authorities of that country.
(4) The information for the purposes of subregulation (3) is the following information in respect of passengers travelling to, or to and beyond, the country referred to in that subregulation:
(a) name;
(b) date of birth;
(c) citizenship;
(d) passport number;
(e) date of departure from Australia;
(f) flight number;
(g) place of intended disembarkation;
(h) ultimate destination.
(5) Where the Commonwealth enters into an agreement of a kind referred to in subregulation (3):
(a) the Minister must, as soon as practicable thereafter, by notice published in the Gazette, notify that the agreement has been entered into; and
(b) information must not be made available under the agreement earlier than the day after the day on which the Minister so notifies that the agreement has been entered into.
PART 8—MISCELLANEOUS
Division 1—Lodgment and service of documents
Service of documents generally
169. (1) Where:
(a) a document is to be given to, or served on, a person by the Minister, the Secretary or an officer of the Department under or for the purposes of the Act or these Regulations; and
(b) no other provision as to the manner of giving or serving the document is made by the Act or these Regulations;
the document may be given to or served on the person;
(c) in the case of a person who, in the reasonable belief of the Minister, the Secretary or an officer of the Department, is an illegal entrant:
(i) by giving the document to the person personally or to another person authorised by the first-mentioned person to receive such documents; or
(ii) by posting it to the person at the address of his or her last known place of residence; or
(iii) by publishing it:
(A) if the the last known place of residence of the person or of his or her disembarkation on arrival in Australia is known—in a metropolitan newspaper circulating in the relevant State or Territory; or
(B) if those particulars are not known—in any newspaper having a national circulation; or
(d) in any other case:
(i) by giving it to the person personally or to a person duly authorised to receive documents on behalf of the first-mentioned person; or
(ii) by posting it to the person at his or her last known place of residence.
(2) Where a document is required to be published in accordance with subregulation (1) (c) (iii) in respect of one illegal entrant, particulars may be abridged insofar as is consistent with the need for identification.
(3) Where a document is required to be published in accordance with subregulation (1) (c) (iii) in respect of each of at least 2 illegal entrants, it is sufficient compliance with the requirement:
(a) if one document is so published in respect of all those illegal entrants; and
(b) if particulars specified in relation to persons are abridged insofar as is consistent with the need for identification.
(4) It is sufficient compliance with a requirement for giving, or service of, a document referred to in subregulation (1) if a facsimile or certified copy of the document is so given or served.
Service outside Australia
Where a document to be served on a person is to be served outside Australia:
(a) the document is to be taken to be duly served if posted to the address of the last known place of residence or business of the person outside Australia; and
(b) service is to be taken to have been effected on the expiry of 21 days after the day of posting.
Service on owner, agent or charterer of vessel, or on master
(1) A document required or permitted by the Act or these Regulations to be served on the owner, agent or charterer of a vessel may be served at any place of business of the owner, agent or charterer or (in the case of the owner or charterer) at any place of business of the agent of the vessel:
(a) by certified post; or
(b) by leaving the document at that place with a person apparently employed at that place and apparently not less than 16 years of age.
(2) A document required or permitted by the Act or these Regulations to be served on the master of a vessel may be served:
(a) by giving the document to the master personally; or
(b) by leaving it on board the vessel with an officer of the vessel.
Service of notice on bank or other financial institution—subsection 21d (6) of the Act
A copy of a notice under subsection 21d (2) of the Act to be served on a bank or other financial institution is to be taken to be duly served if sent by facsimile transmission service to the head office in Australia of the bank or other financial institution.
Time when service takes effect
(1) Subject to this regulation, a document served on a person is to be taken to be received by the person on the day on which the document:
(a) is given to, or left with, the person; or
(b) is given to, or left with, another person authorised by the first-mentioned person to receive documents of that kind on his or her behalf; or
(c) where these Regulations provide for such service—is left at the place of business or residence of the person to be served with another person apparently an occupant of that place and apparently not less than 16 years of age.
(2) Where a document is served on a person in accordance with this Division by post, service is to be taken to be effected:
(a) if the service is within Australia—on the expiry of 5 working days after the day of posting; or
(b) if the service is outside Australia—on the expiry of 21 days after the day of posting.
(3) Where service of a document on a person in accordance with this Division is by publication in a newspaper, service is to be taken to be effected on the expiry of 7 days after the day of publication.
Division 2—General
Summons to attend as witness
A summons to a person to attend as a witness may be served:
(a) on that person personally; or
(b) by certified post to the address of his or her last known place of residence; or
(c) by leaving the summons at his or her last known place of residence with another person apparently an occupant of that place and apparently not less than 16 years of age.
Section 11a notice
The following notice is prescribed as the notice to be given to the Secretary under subsection 11a (3) of the Act, namely, a notice in accordance with Form 1.
Prescribed diseases—subparagraph 11a (1) (d) (i) of the Act
For the purposes of subparagraph 11a (1) (d) (i) of the Act, each of the following diseases and physical or mental conditions is a prescribed disease or a prescribed physical or mental condition, as the case may be:
(a) tuberculosis or any other communicable disease of a fatal or serious nature which is a threat to public health in Australia;
(b) any other disease or condition which would be likely to endanger the Australian community;
(c) any disease or condition which:
(i) would require significant care or treatment; or
(ii) would require care or treatment (or both) involving the use of community resources in short supply; or
(iii) would prevent a person who has entered Australia from pursuing an intended occupation in Australia; or
(iv) would result in such a person becoming a significant charge on public funds.
Prescribed circumstances—subparagraph 11a (1) (d) (vi) of the Act
For the purposes of subparagraph 11a (1) (d) (vi) of the Act, each of the following circumstances is a prescribed circumstance in relation to the exclusion of a person from a country other than Australia:
(a) that the person refused or failed to present a passport or other travel document on request by the competent authorities in that country in circumstances in which it would be unreasonable to refuse or fail to do so;
(b) that the person presented to those authorities a passport or other travel document that was a bogus document within the meaning of section 11a of the Act;
(c) that the person was reasonably refused entry to that country on the ground that he or she was not a genuine visitor;
(d) that the authorities of that country considered the person to be a threat to the national security of the country.
Prescribed procedures—subsection 17a (2) of the Act
For the purposes of subsection 17a (2) of the Act, the following procedures are prescribed to be followed by the Minister in relation to a person referred to in that subsection:
(a) to ascertain whether the person has been granted, or is an applicant to be granted, refugee status or territorial asylum;
(b) to verify with the person personally whether he or she has applied to be granted refugee status or territorial asylum;
(c) to ascertain whether the person:
(i) is an applicant for an entry permit; or
(ii) has applied to a review authority following a decision by the Minister refusing to grant an entry permit;
(d) to verify that the person has not notified the Minister that the person is subject to a court order that is in force affecting the Minister’s exercise of the power to order the deportation of the person;
(e) to verify that 2 working days have elapsed after the day on which the person was arrested under section 38 or 39 of the Act, as the case requires.
Prescribed matters—subsections 18 (1) and 31a (1) of the Act
For the purposes of subsections 18 (1) and 31a (1) of the Act respectively, the following matters are prescribed to be considered by the Minister in relation to a person referred to in whichever of those subsections is applicable:
(a) whether the person is an illegal entrant;
(b) whether the person has been notified in accordance with these Regulations of the Minister’s intention to exercise the power:
(i) to order the deportation of the person; or
(ii) to require the person to leave Australia;
as the case requires;
(c) whether the person has been granted, or is an applicant to be granted, refugee status or territorial asylum;
(d) whether the person:
(i) is an applicant for an entry permit; or
(ii) has applied to a review authority following a decision by the Minister refusing to grant an entry permit;
(e) whether the person is subject to a court order that is in force affecting the Minister’s exercise of the relevant power referred to in paragraph (b);
(f) whether 2 working days have elapsed after the day on which the person was arrested under section 38 or 39 of the Act, as the case requires.
Prescribed matters—subsection 20 (1) of the Act
For the purposes of subsection 20 (1) of the Act, the following matters are prescribed to be considered by the Minister in relation to a person referred to in that subsection:
(a) whether there has been a prescribed change in the person’s circumstances referred to in paragraph 11s (1) (a) or 11t (2) (a) of the Act;
(b) whether the person has been granted refugee status or territorial asylum;
(c) whether:
(i) the person has proposed to the Minister in writing to be permitted to leave Australia under supervision and that proposal has been accepted by the Minister; or
(ii) revocation of the order for the deportation of the person has been recommended by the Administrative Appeals Tribunal and that recommendation has been accepted by the Minister.
Search warrants under subsections 21d (14) and 37 (4) of the Act
(1) For the purposes of subsection 21d (14) of the Act, the following form of search warrant is prescribed, namely, a search warrant in accordance with Form 3.
(2) For the purposes of subsection 37 (4) of the Act, the following form of search warrant is prescribed, namely, a search warrant in accordance with Form 2.
Document for the purposes of subsection 60 (2) of the Act
The following document is prescribed for the purposes of subsection 60 (2) of the Act, namely, a document in accordance with Form 4.
Division 3—Fees
Fees in respect of grant of visas and entry permits
(1) Subject to this Division, there is payable:
(a) in respect of the grant of a visa of a class specified in an item in Column 2 of Part 1 in Schedule 8—the fee specified in Column 3 of that item; and
(b) in respect of the grant of an entry permit of a class specified in an item in Column 2 of Part 2 in that Schedule—the fee specified in Column 3 of that item.
(2) Where, in Schedule 8:
(a) the specification of a class of visas or entry permits is omitted in Column 2; or
(b) in relation to a class of visas or entry permits specified in an item in Column 2, the specification of a fee is omitted in that item in Column 3;
the omission is to be taken to signify that no fee is payable in respect of a visa or entry permit of the relevant class.
(3) Subject to subregulation (4), a fee payable in respect of the grant of a visa or an entry permit is payable on application.
(4) Where:
(a) a person is an applicant for a student entry permit;
(b) the government of a country other than Australia has undertaken to be responsible for the payment of all or part of the fee in relation to the entry permit; and
(c) the Minister is satisfied that the fee, or any part of the fee, that is unpaid by that government will be paid;
the Minister may, in spite of subregulation (3), grant the entry permit to the applicant.
Fee on application for permanent entry permit by holder of return visa
(1) Where:
(a) a person, immediately before his or her departure from Australia, was the holder of a permanent entry permit granted after entry to Australia; and
(b) the person was issued outside Australia with a return visa; and
(c) the person was issued on arrival in Australia with a temporary entry permit; and
(d) the person applies after entry to Australia for the grant of a permanent entry permit;
no fee is payable on the application.
Fee on application for temporary entry permit granted only in Australia
(1) The fee payable on application for a temporary entry permit under any of regulations 120 to 125 inclusive is as specified in this regulation.
(2) There is payable on an application to which regulation 120 applies:
(a) in the case of an application by an applicant establishing the matter set out in subparagraph 120 (e) (v) or satisfying prescribed criteria as referred to in subparagraph 120 (e) (vi)—a fee of $50; or
(b) in the case of an application by an applicant referred to in subparagraph 120 (e) (vii), where a sponsorship fee is payable—no fee; or
(c) in any other case—$60.
(3) There is payable on an application to which regulation 121 applies:
(a) in the case of an application by an applicant to whom paragraph 121 (e) applies, where a sponsorship fee is payable—no fee; or
(b) in any other case—$50.
(4) There is payable on an application to which regulation 122 applies:
(a) in the case of an application by an applicant to whom subparagraph 122 (e) (ii) applies, where a sponsorship fee is payable—no fee; or
(b) in any other case—$50.
(5) There is payable on an application to which regulation 123 applies:
(a) in the case of an application for a private subsidised student entry permit, a student (AIDAB) entry permit or a student (Equity and Merit Scholarship Scheme) entry permit—no fee; or
(b) in any other case—a fee of $50.
(6) There is payable on an application to which regulation 124 applies a fee of $60.
(7) There is payable on an application to which regulation 125 applies:
(a) in the case of an application by an applicant to whom subparagraph 125 (e) (ii) applies, where a sponsorship fee is payable—no fee; or
(b) in any other case—a fee of $50.
(8) In this regulation, a reference to a sponsorship fee is a reference to a sponsorship fee under regulation 192.
Fee on application for certain entry permits
(1) This regulation applies in relation to an entry permit of each of the following classes:
(a) spouse (after entry);
(b) child (after entry);
(c) aged parent (after entry);
(d) refugee (after entry);
(e) compassionate grounds;
(f) humanitarian grounds.
(2) There is payable on application for an entry permit to which this regulation applies:
(a) in the case where the applicant is the holder of:
(i) a valid extended eligibility entry permit, being a temporary entry permit; or
(ii) a valid refugee A (restricted) visa or entry permit;
a fee of $150; or
(b) in any other case—a fee of $340.
Fee on application for skilled occupation entry permit
There is payable on application for a skilled occupation entry permit:
(a) in the case where the applicant is the holder of a valid extended eligibility entry permit, being a temporary entry permit—a fee of $150; or
(b) in the case where paragraph (a) does not apply and the applicant applies on the basis of satisfying the prescribed criteria in relation to a business (general) visa or a business (joint venture) visa—a fee of $1000; or
(c) in any other case—a fee of $340.
Fee on application for confirmatory entry permit
There is payable on application for a confirmatory entry permit:
(a) in the case where, on last arriving in Australia, the applicant was granted a border entry permit—a fee of $100; or
(b) in any other case—no fee.
Fee on application for extended eligibility (economic) entry permit
There is payable on application for an extended eligibility (economic) entry permit:
(a) in the case where the applicant applies on the basis of satisfying the prescribed criteria in relation to a business (general) visa or a business (joint venture) visa—a fee of $850; or
(b) in any other case—a fee of $250.
Fee on application for return visa, Class B
190. There is payable on application for a return visa, Class B:
(a) unless paragraph (b) applies:
(i) if the application was lodged within Australia—a fee of $50; or
(ii) if the application was lodged outside Australia—a fee of $60; or
(b) if the applicant is the holder of a return endorsement or a document or notation issued by or on behalf of the Commonwealth before 1 November 1979 in respect of the return of persons to Australia and the application is lodged on or before 31 December 1989—no fee.
Fee on application for visa to enable re-entry to Australia
(1) Where a person who is the holder of a visa, an entry visa or a temporary entry permit as referred to in subregulation 115 (1) applies for a visa in respect of travel to Australia, there is payable on application for the visa:
(a) in the case where the visa or entry visa held by the applicant corresponds to a class of visas specified in any of items 14 to 28 inclusive or 30 to 50 inclusive in Part 1 in Schedule 8—the fee on application for a visa of that class; or
(b) in the case where the temporary entry permit held by the applicant is of a class equivalent to a class of visas specified in any of items 14 to 28 inclusive or 30 to 50 inclusive in Part 1 in Schedule 8— the fee on application for a visa of that class; or
(c) in any other case—no fee.
Sponsorship fee
(1) This regulation applies to sponsorship of an applicant where:
(a) the application is in respect of a visa or a further temporary entry permit; and
(b) the application is made on the basis that the applicant has special occupational or professional skills (or both); and
(c) the sponsor is a person or organisation in Australia who or which lodges the application on behalf of the applicant.
(2) Subject to subregulation (3), there is payable in respect of a sponsorship of an applicant to which this regulation applies:
(a) if not more than 10 applications are lodged together by the sponsoring person or organisation—$145 in respect of each sponsorship; or
(b) if more than 10 such applications are lodged together by the sponsoring person or organisation—$1450.
(3) A fee under subregulation (2) is not payable if:
(a) the intended period of continuous employment (including any previous period of employment continuous with the period to which the appication relates) does not exceed 4 months; or
(b) the applicant’s sponsor in relation to the relevant application was the applicant’s sponsor in relation to the temporary entry visa or temporary entry permit currently held by the applicant and the applicant is continuing in the same employment.
Fee for language test
A fee of $60 is payable in respect of the undertaking of an English language test conducted:
(a) by the Department otherwise than on behalf of another Department; or
(b) by another Department on behalf of the Department;
whether or not in connection with an application for a visa or an entry permit.
Refund of fees
(1) Where:
(a) a fee is paid by a person, before or after the commencement of this regulation, in respect of an application for a visa or an entry permit; and
(b) the application is for any reason unnecessary or is made as a result of a mistake made by the person or by the Department;
the person is entitled to a refund of an amount equal to the amount of the fee paid.
(a) an application for an entry permit is made by a person to whom section 11s of the Act applies or a person who is an illegal entrant to whom section 11t of the Act applies; and
(b) the relevant fee is paid on the application; and
(c) at the time of the application, there has not been a prescribed change in the person’s circumstances:
(i) in the case of a person to whom section 11s applies—since the end of the period referred to in paragraph 11s (1) (a); or
(ii) in the case of a person to whom section 11t applies—since he or she last applied for an entry permit;
the person is entitled to a refund of an amount equal to the amount of the fee so paid.
Fees—transitional
195. (1) Where:
(a) before the commencement of these Regulations, the Minister or an authorised officer made a decision refusing to grant to an applicant a visa or an entry permit; and
(b) the applicant applied for reconsideration of that decision; and
(c) the request for reconsideration was not determined before that commencement; and
(i) having entered Australia, applies for the grant of a visa or an entry permit under these Regulations:
(A) when present in Australia; and
(B) not later than 31 March 1990; or
(ii) having been refused a visa or an entry permit under the Act as in force before the commencement of section 4 of the Migration Legislation Amendment Act 1989:
(A) applied for reconsideration of the decision to refuse the visa or entry permit; and
(B) subsequently applied outside Australia for the grant of a visa under the Act on or after that commencement and before 31 March 1990;
no fee is payable on that last-mentioned application.
(2) In this regulation, a reference to an application for reconsideration is a reference to such an application duly lodged in accordance with the form approved by the Minister.
SCHEDULE 1 Subregulations 6 (5)
and 6a (3)
CRITERIA AND REPRESENTATIVE SYMBOLS
Column 1
Column 2
Column 3
Item No.
Criterion
Symbol(and words)
1
the maximum number of the relevant class of visas granted in the relevant financial year, as designated in writing by the Minister by notice published in the Gazette, would not be exceeded if the application was approved
A
2
an assurance of support has been given by a person and accepted by the Minister in relation to the applicant
b
2a
assurance of support may be required (and if required must be accepted by the Minister as satisfactory) where, in the opinion of the Minister, the applicant should not be permitted to arrive in Australia, or to enter Australia, as the case requires, without an assurance of support
b1
3
the applicant is sponsored by a person or body:(a) being:(i) an Australian citizen or an Australian permanent resident; or(ii) in a body operating in Australia; and(b) whose relationship to the applicant is a relationship specified for the purposes of the relevant class of visa
C(relationship)
4
if the applicant expects to stay in Australia longer than 4 months, the applicant is sponsored as in item 3
C1(relationship)
5
the applicant meets relevant public interest criteria
D
6
it is established:(a) that any person who is a member of the family unit of the applicant, being an applicant seeking permanent residence in Australia, when assessed in relation to the application:(i) satisfies public interest criteria, as applicable; and(ii) satisfies health criteria unless the Minister is satisfied that it would be unreasonable to require the person to undergo the assessment; and(b) if the person is a dependent child—that the Minister is satisfied that the grant of the visa or entry permit would not prejudice the rights and interests of any person who has custody or guardianship of, or access to, the child
E
7
the applicant meets the balance of family test
F
8
the applicant has received the necessary score when assessed in relation to the relevant class of visas under Subdivision B of Division 1a of Part 2 of the Act
G
9
the applicant is free from:(a) tuberculosis or any other communicable disease of a fatal or serious nature which, 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(b) any other disease or condition which, in the opinion of a Commonwealth medical officer, would, be a danger to members of the Australian community; and(c) any disease or condition which, 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 his or her intended occupation (if any) in Australia; or(iv) would result in the applicant’s becoming a significant charge on public funds
H
SCHEDULE 1—continued
Column 1
Column 2
Column 3
Item No.
Criterion
Symbol(and words)
10
the applicant:(a) meets the requirements set out in item 9; and(b) has been found to be free from any disease or condition that, if offspring were produced, would, in the opinion of a Commonwealth medical officer, result in offspring affected by a disease or condition referred to in item 9
H1
11
the applicant intends to make a genuine visit to Australia and has adequate funds for his or her support during the period of the visit
J
12
the applicant seeks the visa in order to obtain temporary entry and does not intend to become a permanent resident of Australia
K
13
the applicant produces a statement by the company employing the applicant which satisfies an authorised officer that the employment of the applicant in Australia would be of benefit to Australia
L
14
the applicant meets labour market requirements
M
15
the applicant is to be employed or engaged in Australia in accordance with the standards for wages and working conditions provided for under relevant Australian legislation and awards
N
SCHEDULE 2 Regulations 10, 41 and 43
CLASSES OF VISAS, PRESCRIBED CRITERIA AND CODE NUMBERS
PART 1—CLASSES OF VISAS NOT SUBJECT TO SPECIAL PROVISION (SUBREGULATION 41 (4) APPLICABLE)
Column 1
Column 2
Column 3
Column 4
Item No.
Class of visa
Prescribed criteria
Code number
1
spouse
(a) the criteria specified in regulation 44(b) B1, C (spouse), D, E, H1
100
2
child
(a) the criterion specified in regulation 45(b) B1, C (parent, cohabiting spouse of parent, adoptive parent), D, E, H1
101
3
adoption
(a) the criteria specified in regulation 46(b) B1, C (adoptive parent), D, E, H1
102
4
business (general)
(a) the criteria specified in regulation 47(b) A, B1, D, E, H1
123
5
business (joint venture)
(a) the criteria specified in regulation 48(b) A, B1, D, E, H1
122
6
distinguished talent(Australian support)
(a) the criteria specified in regulation 49(b) A, B1, D, E, H1
124
7
distinguished talent (independent)
(a) the criteria specified in regulation 50(b) A, B1, D, E, H1
125
8
employer nomination
(a) the criteria specified in regulation 51(b) A, B1, D, E, H1, N
121
9
labour agreement
(a) the criteria specified in regulation 52(b) A, B1, D, E, H1, N
120
10
family reunion (New Zealand citizen)
(a) the criteria specified in regulation 53(b) B1, D, E, H1
152
11
former citizen
(a) the criteria specified in regulation 54(b) B1, D, E, H1
150
12
former resident
(a) the criteria specified in regulation 55(b)B1, D, E, H1
151
13
Australian requirement
(a) the criteria specified in regulation 56(b) B1
301
Column 1
Column 2
Column 3
Column 4
Item No.
Class of visa
Prescribed criteria
Code number
14
diplomatic
The criteria specified in regulation 57
995
15
dependant (subsequent entry)
(a) the criteria specified in regulation 58(b) B1, D, H
433
16
domestic worker (diplomatic or consular)
(a) the criteria specified in regulation 59(b) B1, D, H, K, N
426
17
domestic worker (overseas executive)
(a) the criteria specified in regulation 60(b) B1, D, H, K, N
427
18
educational
(a) the criteria specified in regulation 61(b) B1, C1 (relevant educational institution), D, H, K, M
418
19
entertainment
(a) the criteria specified in regulation 62(b) B1, D, H, K, N
420
20
expatriate
(a) the criteria specified in regulation 63(b) B1, D, H, K
432
21
exchange
(a) the criteria specified in regulation 64(b) B1, D, H, K
411
22
executive (overseas)
(a) the criteria specified in regulation 65(b) B1, D, H, K, L
413
23
family relationship
(a) the criteria specified in regulation 66(b) B1, D, H, K
425
24
foreign government agency
(a) the criteria specified in regulation 67(b) B1, D, H, K, L
415
26
independent executive
(a) the criteria specified in regulation 69(b) B1, D, H, K
412
27
media and film staff
(a) the criteria specified in regulation 70(b) B1, D, H, K
423
28
medical practitioner
(a) the criteria specified in regulation 71(b) B1, C (prospective employer), D, H, K
422
29
prospective marriage
(a) the criterion specified in regulation 72(b) B1, C (prospective spouse), D, H1
300
30
public lecturer
(a) the criteria specified in regulation 73(b) B1, D, H, K
424
31
religious worker
(a) the criteria specified in regulation 74(b) B1, C (relevant religious organisation), D, H, K
428
32
retirement
(a) the criterion specified in regulation 75(b) B1, D, H
410
33
special program
(a) the criteria specified in regulation 76(b) B1, D, H, K
416
34
specialist (overseas)
(a) the criteria specified in regulation 77(b) B1, C1 (employing company), D, H, K, L
414
35
sport
(a) the criteria specified in regulation 78(b) B1, D, H, K
421
36
supported dependant
(a) the criteria specified in regulation 79(b) B1, D, H, K
430
37
visiting academic
(a) the criteria specified in regulation 80(b) B1 D, H, K
419
38
working holiday
(a) the criteria specified in regulation 81(b) A, B1, D, H, K
417
39
private subsidised student
(a) the criteria specified in regulation 82(b) B1, D, H, K
550
40
student (AIDAB)
(a) the criteria specified in regulation 83(b) B1 D, H, K
551
41
student (Equity and Merit Scholarship Scheme)
(a) the criteria specified in regulation 84(b) B1, D, H, K
552
42
student (formal course)
(a) the criteria specified in regulation 85(b) B1, D, H, K
553
Column 1
Column 2
Column 3
Column 4
Item No.
Class of visa
Prescribed criteria
Code number
43
trainee (English language)
(a) the criteria specified in regulation 86(b) B1, D, H, K
555
44
trainee (non-formal course)
(a) the criteria specified in regulation 87(b) B1, D, H, K
554
45
business visitor
(a) the criterion specified in regulation 88(b) B1, D, H, J, K
662
46
close family visitor
(a) the criteria specified in regulation 89(b) B1, D, H, J, K
663
47
medical treatment
(a) the criteria specified in regulation 90(b) B1, D, J, K
665
48
tourist
(a) the criterion specified in regulation 91(b) B1 D, H, J, K
660
49
tourist (special arrangements)
(a) the criteria specified in regulation 92(b) B1, D, H, J, K
661
50
visitor (other)
(a) the relevant criteria specified in regulation 93(b) B1, D, H, J, K
664
51
Return visa, Class A
the criteria specified in regulation 94
154
52
Return visa, Class B
the criteria specified in regulation 95
155
53
Return visa, Class C
the criteria specified in regulation 96
156
54
Return visa, Class D
the criteria specified in regulation 97
157
55
Return visa, Class E
the criteria specified in regulation 98
158
PART 2—CLASSES OF VISAS
SUBJECT TO SPECIAL PROVISION
(SUBREGULATION 41 (4) APPLICABLE)
Column 1
Column 2
Column 3
Column 4
Item No.
Class of visa
Prescribed criteria
Code number
1
refugee
(a) the criteria specified in regulation 101(b) A, D, E, H1
200
2
in-country special humanitarian program
(a) the criteria specified in regulation 102(b) A, D, E, H1
201
3
global special humanitarian program
(a) the criteria specified in regulation 103(b) A, C, D, E, H1
202
4
emergency rescue
(a) the criteria specified in regulation 104(b) A, D, E, H1
203
5
woman at risk
(a) the criteria specified in regulation 105(b) A, D, E, H1
204
6
camp clearance
(a) the criteria specified in regulation 106(b) A, D, E, H1
205
7
Lebanese concession
(a) the criteria specified in regulation 107(b) A, B, C, D, E, H1
206
PART 3—CLASSES OF VISAS AND CODE
NUMBERS (SUBREGULATION 41 (4) NOT APPLICABLE)
Column 1
Column 2
Column 3
Column 4
Item No.
Class of visa
Prescribed criteria (if any)
Code number
1
parent
(a) parent(b) B, C (settled son or daughter or cohabiting spouse of son or daughter), D, E, F, H1
103
2
preferential family
(a) settled aged dependent relative, orphan relative, settled remaining relative, special need relative;(b) B, C (relative or cohabiting spouse of relative) D, E, H1
104
3
concessional family
(a) non-dependent child, brother or sister, niece or nephew, working age parent(b) A, B1, C (parent, brother or sister, aunt or uncle, son or daughter), D, E, G, H1