(1) If the applicant is outside Australia at the time of application, the applicant is free from tuberculosis.
(2) If:
(a) the applicant is in Australia at the time of application; and
(b) a Medical Officer of the Commonwealth considers that the applicant is not free from tuberculosis;
arrangements have been made, on the advice of the Medical officer of the Commonwealth, to place the applicant under the professional supervision of a health authority in a State or Territory to undergo any necessary treatment.
192.236
Each person covered by subclause 192.212(3), (4) or (5) satisfies the criteria in clauses 192.231 to 192.235.
192.3—Secondary criteria
Note: These criteria are for applicants seeking to satisfy the secondary criteria. All criteria must be satisfied at the time a decision is made on the application.
192.31—Criteria
192.311
(1) The applicant meets the requirements of subclause (2), (3), (4) or (5).
(2) The applicant meets the requirements of this subclause if the applicant:
(a) is the member of the family unit of a person (the primary applicant) who holds a Subclass 192 visa granted on the basis of satisfying the primary criteria for the grant of the visa; and
(b) made a combined application with the primary applicant.
(3) The applicant meets the requirements of this subclause if:
(a) at the time of the application, the applicant was the spouse or de facto partner of a person (the primary applicant) seeking to satisfy the primary criteria for the grant of a Subclass 192 visa, and the primary applicant has since been granted that visa; and
(b) the relationship between the primary applicant and the applicant has ceased; and
(c) one or more of the following has experienced family violence committed by the primary applicant:
(i) the applicant;
(ii) a member of the family unit of the applicant who has made a combined application with the applicant or with the primary applicant;
(iii) a dependent child of the applicant or of the primary applicant; and
(d) the applicant:
(i) was in Australia at the time the applicant’s visa application was made; or
(ii) entered Australia after the applicant’s visa application was made.
(4) The applicant meets the requirements of this subclause if:
(a) at the time of the application, the applicant was the spouse or de facto partner of a person (the primary applicant) seeking to satisfy the primary criteria for the grant of a Subclass 192 visa; and
(b) the relationship between the primary applicant and the applicant has ceased; and
(c) one or more of the following has experienced family violence committed by the primary applicant:
(i) the applicant;
(ii) a member of the family unit of the applicant who has made a combined application with the applicant or with the primary applicant;
(iii) a dependent child of the applicant or of the primary applicant; and
(d) the applicant:
(i) was in Australia at the time the applicant’s visa application was made; or
(ii) entered Australia after the applicant’s visa application was made; and
(e) the Minister has decided to refuse to grant the primary applicant the visa for reasons including that the primary applicant had engaged in conduct involving family violence (whether or not the family violence was against a person mentioned in paragraph (c)).
(5) The applicant meets the requirements of this subclause if:
(a) the applicant is a member of the family unit of a person (the secondary applicant) who meets the requirements of subclause (3) or (4); and
(b) the applicant has made a combined application with the secondary applicant or the primary applicant mentioned in subclause (3) or (4) (whichever applies to the secondary applicant); and
(c) a Subclass 192 visa has since been granted to the secondary applicant.
Note: For special provisions relating to family violence, see Division 1.5.
192.312
The applicant has complied substantially with the conditions (the previous visa conditions) that apply or applied to the last of any substantive visas held by the applicant, and to any subsequent bridging visa, unless:
(a) if condition 8303 was a previous visa condition—the applicant has complied substantially with that condition; and
(b) the Minister is satisfied that the applicant was unable to comply substantially with the previous visa conditions (other than condition 8303) because of compassionate and compelling circumstances.
192.313
(1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4003B, 4004, 4010, 4020 and 4021.
(2) If the applicant had turned 18 at the time of application, the applicant satisfies public interest criterion 4019.
(3) If the applicant had not turned 18 at the time of the application, the applicant satisfies public interest criteria 4017 and 4018.
(4) If the applicant:
(a) meets the requirements of subclause 192.311(2), (3) or (4) in relation to:
(i) a primary applicant who holds a Subclass 192 visa in the Pacific Engagement stream granted on the basis of satisfying the primary criteria for the grant of the visa; or
(ii) a primary applicant who, at the time of application, was seeking to satisfy the primary criteria for the grant of a Subclass 192 visa in the Pacific Engagement stream; or
(b) meets the requirements of subclause 192.311(5) in relation to a secondary applicant who meets the requirements of subclause 192.311(3) or (4) in relation to:
(i) a primary applicant who holds a Subclass 192 visa in the Pacific Engagement stream granted on the basis of satisfying the primary criteria for the grant of the visa; or
(ii) a primary applicant who, at the time of application, was seeking to satisfy the primary criteria for the grant of a Subclass 192 visa in the Pacific Engagement stream;
the applicant satisfies public interest criterion 4007.
(5) If the applicant:
(a) meets the requirement of subclause 192.311(2), (3) or (4) in relation to:
(i) a primary applicant who holds a Subclass 192 visa in the Treaty stream granted on the basis of satisfying the primary criteria for the grant of the visa; or
(ii) a primary applicant who, at the time of application, was seeking to satisfy the primary criteria for the grant of a Subclass 192 visa in the Treaty stream; or
(b) meets the requirement of subclause 192.311(5) in relation to a secondary applicant who meets the requirements of subclause 192.311(3) or (4) in relation to:
(i) a primary applicant who holds a Subclass 192 visa in the Treaty stream granted on the basis of satisfying the primary criteria for the grant of the visa; or
(ii) a primary applicant who, at the time of application, was seeking to satisfy the primary criteria for the grant of a Subclass 192 visa in the Treaty stream;
the applicant satisfies the criteria in clauses 192.231 to 192.235.
192.314
The applicant satisfies special return criteria 5001, 5002 and 5010.
192.315
(1) This clause applies if the applicant (the secondary applicant) meets the requirements of subclause 192.311(3) or (4).
(2) Each member of the family unit of the secondary applicant who is an applicant for a Subclass 192 visa satisfies:
(a) public interest criteria 4001, 4002, 4003, 4003B, 4004, 4010, 4020 and 4021; and
(b) special return criteria 5001, 5002 and 5010.
(3) Each member of the family unit of the secondary applicant who is an applicant for a Subclass 192 visa and who has turned 18 at the time of application satisfies public interest criterion 4019.
(4) Public interest criteria 4015 and 4016 are satisfied in relation to each member of the family unit of the secondary applicant who is an applicant for a Subclass 192 visa and who has not turned 18 at the time of decision.
(5) Each member of the family unit of the secondary applicant who is not an applicant for a Subclass 192 visa satisfies public interest criteria 4001, 4002, 4003, 4003B and 4004.
(6) If the secondary applicant meets the requirements of subclause 192.311(3) or (4) in relation to:
(a) a primary applicant who holds a Subclass 192 visa in the Pacific Engagement stream granted on the basis of satisfying the primary criteria for the grant of the visa; or
(b) a primary applicant who, at the time of application, was seeking to satisfy the primary criteria for the grant of a Subclass 192 visa in the Pacific Engagement stream;
each member of the family unit of the secondary applicant who is an applicant for a Subclass 192 visa satisfies public interest criterion 4007.
(7) If the secondary applicant meets the requirements of subclause 192.311(3) or (4) in relation to:
(a) a primary applicant who holds a Subclass 192 visa in the Pacific Engagement stream granted on the basis of satisfying the primary criteria for the grant of the visa; or
(b) a primary applicant who, at the time of application, was seeking to satisfy the primary criteria for the grant of a Subclass 192 visa in the Pacific Engagement stream;
each member of the family unit of the secondary applicant who is not an applicant for a Subclass 192 visa satisfies public interest criterion 4007, unless it would be unreasonable to require the member to undergo assessment in relation to the criterion.
(8) If the secondary applicant meets the requirements of subclause 192.311(3) or (4) in relation to:
(a) a primary applicant who holds a Subclass 192 visa in the Treaty stream granted on the basis of satisfying the primary criteria for the grant of the visa; or
(b) a primary applicant who, at the time of application, was seeking to satisfy the primary criteria for the grant of a Subclass 192 visa in the Treaty stream;
each member of the family unit of the secondary applicant who is an applicant for a Subclass 192 visa satisfies the criteria in clauses 192.231 to 192.235.
192.4—Circumstances applicable to grant
192.411
The applicant may be in or outside Australia when the visa is granted, but not in immigration clearance.
192.5—When visa is in effect
192.511
(1) In the case of a visa granted to a person on the basis of the person satisfying:
(a) the criteria in Subdivisions 192.21 and 192.23; or
(b) the criteria in Division 192.3, if the visa was granted because the person met the requirements of clause 192.311 in relation to:
(i) a primary applicant who holds, or was seeking to satisfy the primary criteria for the grant of, a Subclass 192 visa in the Treaty stream; or
(ii) a secondary applicant who meets the requirements of subclause 192.311(3) or (4) in relation to a primary applicant who holds, or was seeking to satisfy the primary criteria for the grant of, a Subclass 192 visa in the Treaty stream;
permanent visa permitting the holder to travel to and enter Australia indefinitely from the date of grant.
(2) In any other case—permanent visa permitted the holder to travel to an enter Australia for 5 years from the date of grant.
192.6—Conditions
192.611
If the applicant is outside Australia when the visa is granted, first entry must be made before the date specified by the Minister.
Subclass 200—Refugee
200.1—Interpretation
Note: member of the family unit and member of the immediate family are defined in regulation 1.03.
200.111
In this Part:
relevant Minister means any of the following:
(a) the Attorney‑General;
(b) the Defence Minister;
(c) the Foreign Minister;
(d) the Minister.
200.2—Primary criteria
Note: The primary criteria must be satisfied by all applicants except certain applicants who are members of the family unit, or members of the immediate family, of certain applicants who satisfy the primary criteria. Those other applicants need satisfy only the secondary criteria.
200.21—Criteria to be satisfied at time of application
200.211
(1) The applicant:
(a) is subject to persecution in the applicant’s home country and is living in a country other than the applicant’s home country; or
(aa) meets the requirements of subclause (1A); or
(b) meets the requirements of subclause (2).
(1A) The applicant meets the requirements of this subclause if:
(a) the Minister has specified, in an instrument in writing, one or more classes of persons for this paragraph; and
(b) a relevant Minister has certified that the applicant is:
(i) in one of those classes; and
(ii) at risk of harm for a reason, or reasons, that relate to the applicant being in that class of persons.
(1B) Before making the instrument mentioned in paragraph (1A)(a), the Minister must consult:
(a) the Prime Minister; and
(b) the Finance Minister; and
(c) any other relevant Minister that has an interest in the specification of that class of persons or that is affected by the specification.
(1C) A relevant Minister may, in writing, delegate the relevant Minister’s powers to certify an applicant for the purposes of paragraph (1A)(b) to:
(a) in the case of a relevant Minister other than the Attorney‑General:
(i) the Secretary of the Department administered by the relevant Minister; or
(ii) an SES employee, or acting SES employee, in the Department administered by the relevant Minister; or
(b) in the case of the Attorney‑General:
(i) the Secretary of the Department administered by the Attorney‑General; or
(ii) an SES employee, or acting SES employee, in the Department administered by the Attorney‑General; or
(iii) the Commissioner of the Australian Federal Police; or
(iv) a Deputy Commissioner of the Australian Federal Police; or
(v) a senior executive AFP employee (within the meaning of the Australian Federal Police Act 1979).
Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.
(2) The applicant meets the requirements of this subclause if:
(a) the applicant’s entry to Australia has been proposed in accordance with approved form 681 by an Australian citizen or an Australian permanent resident (in this subclause called the proposer) who is, or has been, the holder of a Subclass 200 visa; and
(aa) the application is made within 5 years of the grant of that visa; and
(b) on the date of grant of that visa, the applicant was a member of the immediate family of the proposer; and
(c) the applicant continues to be a member of the immediate family of the proposer; and
(d) before the grant of that visa, that relationship was declared to Immigration; and
(e) the proposer is not a person mentioned in subregulation 2.07AM(5).
200.22—Criteria to be satisfied at time of decision
200.221
The applicant continues to satisfy the criteria in clause 200.211.
200.222
The Minister is satisfied that there are compelling reasons for giving special consideration to granting the applicant a permanent visa, having regard to:
(a) in the case of an applicant who met the requirements of subclause 200.211(2) at the time of application—the extent of the applicant’s connection with Australia; or
(b) in any other case—the following:
(i) the degree of persecution to which the applicant is subject in the applicant’s home country; and
(ii) the extent of the applicant’s connection with Australia; and
(iii) whether or not there is any suitable country available, other than Australia, that can provide for the applicant’s settlement and protection from persecution; and
(iv) the capacity of the Australian community to provide for the permanent settlement of persons such as the applicant in Australia.
200.223
The permanent settlement of the applicant 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.
200.224
The Minister is satisfied that permanent settlement in Australia:
(a) is the appropriate course for the applicant; and
(b) would not be contrary to the interests of Australia.
200.225
Grant of the visa would not result in either:
(a) the number of Subclass 200 visas granted in a financial year exceeding the maximum number of Subclass 200 visas, as determined by the Minister by legislative instrument, that may be granted in that financial year; or
(b) the number of visas of particular classes (including Subclass 200) granted in a financial year exceeding the maximum number of visas of those classes, as determined by the Minister by legislative instrument, that may be granted in that financial year.
200.226
The applicant:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009 and 4010; and
(b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.
200.227
If the applicant has previously been in Australia, the applicant satisfies special return criterion 5001.
200.228
If a person (in this clause called the additional applicant):
(a) is a member of the family unit of the applicant; and
(b) has not turned 18; and
(c) made a combined application with the applicant—
public interest criteria 4015 and 4016 are satisfied in relation to the additional applicant.
200.229
(1) Each member of the family unit of the applicant who is an applicant for a Subclass 200 visa is a person who:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009 and 4010; and
(aa) if the person had turned 18 at the time of application, satisfies public interest criterion 4019; and
(b) if the person has previously been in Australia, satisfies special return criterion 5001.
(2) Each member of the family unit of the applicant who is not an applicant for a Subclass 200 visa is a person who:
(a) satisfies public interest criteria 4001, 4002, 4003 and 4004; and
(b) satisfies public interest criterion 4007, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.
200.3—Secondary criteria
Note: These criteria must be satisfied by applicants who are members of the family unit, or members of the immediate family, of certain persons who satisfy the primary criteria.
200.31—Criteria to be satisfied at time of application