(2) If the applicant has previously been in Australia, the applicant satisfies special return criterion 5001.
202.227A
If:
(a) the application includes a proposal by an approved proposing organisation; and
(b) the Minister has requested an assurance of support in relation to the applicant;
the Minister is satisfied that:
(c) the assurance has been accepted by the Secretary of Social Services; and
(d) if a person (in this clause called the additional applicant):
(i) is a member of the family unit of the applicant; and
(ii) made a combined application with the applicant; and
(iii) the Minister has requested an assurance of support in relation to the additional applicant;
the additional applicant meets the requirements of paragraph 202.322A(c) or (d).
202.228
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.
202.229
(1) Each member of the family unit of the applicant who is an applicant for a Subclass 202 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 202 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.
202.3—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.
202.31—Criteria to be satisfied at time of application
202.311
The applicant:
(a) is a member of the family unit of, and made a combined application with, a person who meets, or has met, the requirements of paragraph 202.211(1)(a) or 202.212(a); or
(b) is a member of the immediate family of, and made a combined application with, a person who meets, or has met, the requirements of paragraph 202.211(1)(b).
202.312
The applicant is included in:
(a) if the application of the relevant person who satisfies the primary criteria does not include a proposal by an approved proposing organisation—the proposal made under clause 202.225 in respect of that person; or
(b) if the application of the relevant person who satisfies the primary criteria includes a proposal by an approved proposing organisation—that proposal.
202.32—Criteria to be satisfied at time of decision
202.321
The applicant:
(a) continues to be a member of the family unit of a person who, having satisfied the primary criteria and, in particular, having met the requirements of paragraph 202.211(1)(a) or 202.212(a), is the holder of a Subclass 202 visa; or
(b) continues to be a member of the immediate family of a person who, having satisfied the primary criteria (and, in particular, having met the requirements of paragraph 202.211(1)(b)), is the holder of a Subclass 202 visa.
202.322
If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.
202.322A
If:
(a) the application of the person who satisfied the primary criteria includes a proposal by an approved proposing organisation; and
(b) the Minister has requested an assurance of support in relation to that person; and
(ba) the Minister has requested an assurance of support in relation to the applicant;
the Minister is satisfied that:
(c) the applicant is included in the assurance of support given in relation to the person who satisfied the primary criteria, and that assurance has been accepted by the Secretary of Social Services; or
(d) an assurance of support in relation to the applicant has been accepted by the Secretary of Social Services.
202.323
The applicant:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009 and 4010; and
(aa) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019; and
(b) if the applicant has previously been in Australia—satisfies special return criterion 5001.
202.4—Circumstances applicable to grant
202.411
The applicant must be outside Australia when the visa is granted.
Note: If the application includes a proposal by an approved proposing organisation, the second instalment of the visa application charge must be paid before the visa can be granted.
202.5—When visa is in effect
202.511
Permanent visa permitting the holder to travel to and enter Australia within 5 years of grant.
202.6—Conditions
202.611
Entry must be made before the date specified by the Minister for the purpose.
202.612
Condition 8502 may be imposed.
Subclass 203—Emergency Rescue
203.1—Interpretation
Note: member of the family unit and member of the immediate family are defined in regulation 1.03. There are no interpretation provisions specific to this Part.
203.2—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.
203.21—Criteria to be satisfied at time of application
203.211
(1) The applicant:
(a) is subject to persecution in the applicant’s home country, whether the applicant is living in the applicant’s home country or in another country; or
(b) meets the requirements of subclause (2).
(2) The applicant meets the requirements of this subclause if:
(a) the applicant’s entry to Australia has been proposed in accordance with approved form 681 by an Australian citizen or an Australian permanent resident (in this subclause called the proposer) who is, or has been, the holder of a Subclass 203 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).
203.22—Criteria to be satisfied at time of decision
203.221
The applicant continues to satisfy the criteria in clause 203.211.
203.222
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 203.211(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.
203.223
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.
203.224
The Minister is satisfied that:
(a) there are urgent and compelling reasons for the applicant to travel to Australia; and
(b) permanent settlement in Australia:
(i) is the appropriate course for the applicant; and
(ii) would not be contrary to the interests of Australia.
203.225
Grant of the visa would not result in either:
(a) the number of Subclass 203 visas granted in a financial year exceeding the maximum number of Subclass 203 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 203, 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.
203.226
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.
203.227
If the applicant has previously been in Australia, the applicant satisfies special return criterion 5001.
203.228
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.
203.229
(1) Each member of the family unit of the applicant who is an applicant for a Subclass 203 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 203 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.
203.3—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.
203.31—Criteria to be satisfied at time of application
203.311
The applicant:
(a) is a member of the family unit of, and made a combined application with, a person who meets, or has met, the requirements of paragraph 203.211(1)(a); or
(b) is a member of the immediate family of, and made a combined application with, a person who meets, or has met, the requirements of paragraph 203.211(1)(b).
203.32—Criteria to be satisfied at time of decision
203.321
The applicant:
(a) continues to be a member of the family unit of a person who, having satisfied the primary criteria and, in particular, having met the requirements of paragraph 203.211(1)(a), is the holder of a Subclass 203 visa; or
(b) continues to be a member of the immediate family of a person who, having satisfied the primary criteria (and, in particular, having met the requirements of paragraph 203.211(1)(b)), is the holder of a Subclass 203 visa.
203.322
If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.
203.323
The applicant:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009 and 4010; and
(aa) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019; and
(b) if the applicant has previously been in Australia—satisfies special return criterion 5001.
203.4—Circumstances applicable to grant
203.411
The applicant must be outside Australia when the visa is granted.
203.5—When visa is in effect
203.511
Permanent visa permitting the holder to travel to and enter Australia within 5 years of grant.
203.6—Conditions
203.611
Entry must be made before the date specified by the Minister for the purpose.
203.612
Condition 8502 may be imposed.
Subclass 204—Woman at Risk
204.1—Interpretation
Note: member of the family unit and member of the immediate family are defined in regulation 1.03. There are no interpretation provisions specific to this Part.
204.2—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.
204.21—Criteria to be satisfied at time of application
204.211
(1) The applicant:
(a) is a female person who is:
(i) subject to persecution or registered as being of concern to the United Nations High Commissioner for Refugees; and
(ii) living in a country other than her home country; or
(b) is a person who meets the requirements of subclause (2).
(2) The applicant meets the requirements of this subclause if:
(a) the applicant’s entry to Australia has been proposed in accordance with approved form 681 by an Australian citizen or an Australian permanent resident (in this subclause called the proposer) who is, or has been, the holder of a Subclass 204 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).
204.212
(1) The spouse or de facto partner of the applicant is not prohibited by subclause (2) from proposing the applicant’s entry to Australia.
(2) For subclause (1), the spouse or de facto partner is prohibited from proposing the applicant’s entry to Australia if:
(a) the spouse or de facto partner is a woman who was granted a Subclass 204 visa within the 5 years immediately preceding the application; and
(b) on the date of grant of that visa:
(i) the applicant was a former spouse or former de facto partner of that woman, having been divorced or permanently separated from that woman; or
(ii) the applicant was the spouse or de facto partner of that woman and that relationship had not been declared to Immigration.
204.22—Criteria to be satisfied at time of decision
204.221
The applicant continues to satisfy the criteria in clause 204.211.
204.222
If the applicant meets the requirements of paragraph 204.211(1)(a), 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.
204.222A
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.
204.223
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.
204.224
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 204.211(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.
204.225
Grant of the visa would not result in either:
(a) the number of Subclass 204 visas granted in a financial year exceeding the maximum number of Subclass 204 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 204 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.
204.226
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.
204.227
If the applicant has previously been in Australia, the applicant satisfies special return criterion 5001.
204.228
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.
204.229
(1) Each member of the family unit of the applicant who is an applicant for a Subclass 204 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 204 visa is a person who:
(a) satisfies public interest criteria 4001, 4002, 4003 and 4004; and