(a) compelling circumstances that affect the interests of Australia; or
(b) compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.
410.322
The applicant satisfies public interest criterion 4021.
410.4—Circumstances applicable to grant
410.411
The applicant may be in or outside Australia at the time of grant, but not in immigration clearance.
410.5—When visa is in effect
410.511
Temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister.
410.6—Conditions
410.612
Any 1 or more of conditions 8301, 8303, 8501, 8502, 8503, 8516, 8522, 8525 and 8526 may be imposed.
Note: There are no mandatory conditions.
Subclass 417—Working Holiday
417.1—Interpretation
417.111
In this Part:
working holiday eligible passport means a valid passport held by a person who is a member of a class of persons specified in an instrument mentioned in subitem 1225(3) of Schedule 1.
417.2—Primary criteria
Note: All applicants must satisfy the primary criteria.
417.21—Criteria to be satisfied at time of application
417.211
(1) The applicant satisfies the criteria in subclauses (2), (4), (5) and (6).
(1A) However:
(a) paragraph (2)(a) does not apply if:
(i) the applicant is in Australia; and
(ii) when entering Australia, the applicant held a working holiday eligible passport of the kind, or of one of the kinds, specified in a legislative instrument made by the Minister for the purposes of subclause (2); and
(iii) the passport expired after the applicant entered Australia; and
(b) the applicant does not need to satisfy the criteria in subclauses (5) and (6) if the applicant holds a passport of a kind specified by the Minister in a legislative instrument made for the purposes of subitem 1225(3BA) of Schedule 1; and
(c) the applicant does not need to satisfy the criteria in subclauses (5) and (6) if:
(i) the application is made between 5 March 2022 and 31 December 2022; and
(ii) the applicant holds or held an onshore COVID‑19 affected visa; and
(iii) the applicant has not been granted a Subclass 417 (Working Holiday) visa on the basis of another application made on or after 5 March 2022.
(a) holds a working holiday eligible passport of the kind, or of one of the kinds, specified in a legislative instrument made by the Minister for the purposes of this subclause; and
(b) is aged at least 18 and no more than:
(i) 35; or
(ii) if a younger age is specified in the instrument mentioned in paragraph (a) for the kind of passport the applicant holds (or, if paragraph (1A)(a) applies, held)—that younger age.
(4) The Minister is satisfied that the applicant:
(a) seeks to enter or remain in Australia as a genuine visitor whose principal purpose is to spend a holiday in Australia; and
(b) has sufficient money for:
(i) the fare to the applicant’s intended overseas destination on leaving Australia; and
(ii) personal support for the purposes of a working holiday; and
(c) has a reasonable prospect of obtaining employment in Australia; and
(d) will not be accompanied by dependent children during his or her stay in Australia.
(5) If the applicant has held only one Subclass 417 visa in Australia, the Minister is satisfied that:
(a) the applicant has carried out a period or periods of specified Subclass 417 work as the holder of the visa; and
(b) the total period of the work carried out is at least 3 months; and
(c) the applicant has been remunerated for the work in accordance with relevant Australian legislation and awards; and
(d) the work was not carried out for an excluded employer.
(6) If the applicant has held 2 Subclass 417 visas in Australia, the Minister is satisfied that:
(a) the applicant has carried out a period or periods of specified Subclass 417 work; and
(b) the total period of that work is at least 6 months; and
(c) all of that work was carried out while the applicant held:
(i) the second Subclass 417 visa; or
(ii) a bridging visa that was in effect and was granted on the basis of the application for the second Subclass 417 visa (made at a time when the applicant held the first Subclass 417 visa); and
(d) all of that work was carried out on or after 1 July 2019; and
(e) the applicant has been remunerated for that work in accordance with relevant Australian legislation and awards; and
(f) that work was not carried out for an excluded employer.
(7) A reference in subclause (5) or (6) to a Subclass 417 visa does not include a reference to a COVID‑19 affected visa.
417.22—Criteria to be satisfied at time of decision
417.221
(1) The applicant satisfies the criteria in subclauses (2) to (7).
(2) The applicant:
(a) continues to satisfy the criteria in subclause 417.211(4); and
(aa) unless paragraph 417.211(1A)(b) or (c) applies—continues to satisfy the criteria in subclauses 417.211(5) and (6); and
(b) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010, 4013, 4014, 4019 and 4020.
(2A) The applicant holds a working holiday eligible passport of the kind, or of one of the kinds, specified in a legislative instrument made by the Minister for the purposes of subclause 417.211(2).
(3) If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.
(4) The Minister is satisfied that the applicant intends to comply with any conditions subject to which the visa is granted.
(5) Approval of the application would not result in either:
(a) the number of Subclass 417 visas granted in a financial year exceeding the maximum number of Subclass 417 visas, as determined by an instrument in writing, that may be granted in that financial year; or
(b) the number of visas of particular classes, including Subclass 417, granted in a financial year exceeding the maximum number of visas of those classes, as determined by an instrument in writing, that may be granted in that financial year.
(6) If the applicant is a Foreign Affairs student or a Foreign Affairs recipient, the applicant has the support of the Foreign Minister for the grant of the visa.
(7) The Minister may waive the requirements of subclause (6) if the Minister is satisfied that, in the particular case, waiver is justified by:
(a) compelling circumstances that affect the interests of Australia; or
(b) compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.
417.222
(1) If the applicant is, or has previously been, in Australia as the holder of a Subclass 417 visa:
(a) the applicant has complied substantially with the conditions that applied to any visa held by the applicant; and
(b) the applicant has not held more than 2 Subclass 417 visas in Australia (including any Subclass 417 visa held by the applicant at the time of decision on the application).
(2) A reference in subclause (1) to a Subclass 417 visa does not include a reference to a COVID‑19 affected visa.
417.3—Secondary criteria
Note: All applicants must satisfy the primary criteria.
417.4—Circumstances applicable to grant
417.411
If the applicant is not, and has not previously been, in Australia as the holder of a Subclass 417 visa granted at any time, the applicant must be outside Australia at the time of grant.
417.412
If the applicant is, or has previously been, in Australia as the holder of a Subclass 417 visa:
(a) if the applicant is in Australia at the time of application, the applicant must be in Australia at the time of grant; or
(b) if the applicant is outside Australia at the time of application, the applicant must be outside Australia at the time of grant.
417.5—When visa is in effect
417.511
(1) If the applicant is outside Australia at the time of grant—temporary visa permitting the holder:
(a) to travel to and enter Australia within 12 months after the date of grant of the visa; and
(b) to travel to, enter and remain in Australia until 12 months after the date of first entry to Australia.
(2) If:
(a) the applicant is in Australia at the time of grant; and
(b) the applicant holds a Subclass 417 visa at the time of application;
temporary visa permitting the holder to travel to, enter and remain in Australia until 12 months after the date that the visa mentioned in paragraph (b) would have otherwise ceased to be in effect.
(3) If:
(a) the applicant is in Australia at the time of grant; and
(b) the applicant does not hold a Subclass 417 visa at the time of application;
temporary visa permitting the holder to travel to, enter and remain in Australia until 12 months after the date of grant of the visa.
417.6—Conditions
417.611
Conditions 8547 and 8548.
417.612
Any 1 or more of conditions 8106, 8107, 8301, 8303, 8501, 8502, 8503, 8516, 8522, 8525 and 8526 may be imposed.
Subclass 444—Special Category
444.1—Interpretation
Note: No interpretation provisions specific to this Part.
444.2—Primary criteria
Note: The only criteria are those set out in section 32 of the Act and in regulation 5.15A.
444.3—Secondary criteria: Nil.
Note: All applicants must satisfy the primary criteria.
444.4—Circumstances applicable to grant
444.411
At the time of grant, the applicant must:
(a) be in Australia; or
(b) intend to travel to Australia on a pre‑cleared flight and be in immigration clearance at a port outside Australia at which pre‑clearance procedures are carried out.
Note: For pre‑cleared flight see the Act, s 17.
444.5—When visa is in effect
444.511
Temporary visa permitting the holder to remain in Australia while the holder is a New Zealand citizen.
444.6—Conditions: Nil.
Subclass 445—Dependent Child
445.1—Interpretation
445.111
For this Part, the parent of an applicant is a visa‑holding parent if he or she holds any of the following visas:
(a) Subclass 309 (Spouse (Provisional));
(aa) Subclass 309 (Partner (Provisional));
(b) Subclass 310 (Interdependency (Provisional));
(c) Subclass 445 (Dependent Child);
(d) Subclass 820 (Spouse);
(da) Subclass 820 (Partner);
(e) Subclass 826 (Interdependency).
Note: For dependent child, see regulation 1.03.
445.2—Primary criteria
445.21—Criteria to be satisfied at time of application
445.211
The applicant:
(a) is a dependent child of a visa‑holding parent; and
(b) is sponsored by the nominator or sponsor of the visa‑holding parent.
445.22—Criteria to be satisfied at time of decision
445.221
The parent of the applicant continues to be a visa‑holding parent.
445.222
The applicant continues to be a dependent child of the visa‑holding parent.
445.223
(1) The applicant meets the requirements of subclause (2), (3) or (4).
(2) The applicant meets the requirements of this subclause if he or she continues to be sponsored by the nominator or sponsor of the visa‑holding parent.
(3) The applicant meets the requirements of this subclause if:
(a) either:
(i) the nominator or sponsor of the visa‑holding parent has died; or
(ii) the relationship between the visa‑holding parent and his or her nominator or sponsor has ceased, and either:
(A) the visa‑holding parent has requested consideration under provisions relating to family violence in Subclass 100 or 801; or
(B) the visa‑holding parent has requested consideration under provisions relating to parental arrangements for a child in Subclass 100 or 801; and
(b) the applicant is sponsored by the visa‑holding parent.
(4) The applicant meets the requirements of this subclause if:
(a) the applicant is a dependent child of a parent holding a Subclass 445 visa; and
(b) the circumstances mentioned in subparagraph (3)(a)(i), or sub‑subparagraph (3)(a)(ii)(A) or (B) apply; and
(c) the applicant is sponsored by the person who is required to satisfy the primary criteria in Subclass 100 or 801.
Note: For special provisions relating to family violence, see Division 1.5.
445.224
The sponsorship mentioned in clause 445.223 has been approved by the Minister and is still in force.
Note: Regulation 1.20KB limits the Minister’s discretion to approve sponsorships.
445.225
The applicant:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009, 4020 and 4021; and
(b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.
445.226
If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.
445.227
(1) Each member of the family unit of the applicant who is an applicant for a Subclass 445 visa is a person who:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009 and 4020; and
(b) if the person had turned 18 at the time of application—satisfies public interest criterion 4019.
(2) Each member of the family unit of the applicant who is not an applicant for a Subclass 445 visa is a person who:
(a) satisfies public interest criteria 4001, 4002, 4003 and 4004; and
(b) satisfies public interest criteria 4007, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.
445.228
If a person (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.
445.3—Secondary criteria
Note: These criteria must be satisfied by applicants who are dependent children of, and who have made a combined application with, the person who satisfies the primary criteria.
445.31—Criteria to be satisfied at time of application
445.311
The applicant is a dependent child of, and made a combined application with, the person who satisfies the primary criteria for a Subclass 445 visa.
445.312
The sponsorship mentioned in paragraph 445.211(b) for the person who satisfies the primary criteria also includes sponsorship of the applicant.
445.32—Criteria to be satisfied at time of decision
445.321
The applicant continues to be a dependent child of the person who, having satisfied the primary criteria, is the holder of a Subclass 445 visa.
445.322
The sponsorship mentioned in clause 445.223 for the person who satisfies the primary criteria also includes sponsorship of the applicant.
445.323
The sponsorship mentioned in clause 445.322 has been approved by the Minister and is still in force.
445.324
The applicant:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009, 4020 and 4021; and
(b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.
445.325
If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied, in relation to the applicant.
445.4—Circumstances applicable to grant
445.411
The applicant may be in or outside Australia at the time of grant, but not in immigration clearance.
445.5—When a visa is in effect
445.511
Temporary visa permitting the holder to travel to, enter and remain in Australia within the visa period of the Extended Eligibility (Temporary) (Class TK) visa, Partner (Provisional) (Class UF) visa or Partner (Temporary) (Class UK) visa held by the person on whom the applicant is dependent.
445.6—Conditions: Nil.
Subclass 449—Humanitarian Stay (Temporary)
449.1—Interpretation
Note: No interpretation provisions specific to this Part.
449.2—Primary criteria
Note: The primary criteria must be satisfied by at least 1 member of a family unit. Other members of the family unit, or members of the immediate family of a person, who are applicants for a visa of this subclass need satisfy only the secondary criteria.
449.21—[No criteria to be satisfied at time of application]
449.22—Criteria to be satisfied at time of decision
449.221
(1) The applicant meets the requirements of subclause (2) or (3).
(2) The applicant meets the requirements of this subclause if:
(a) the applicant has been displaced from his or her place of residence, and:
(i) cannot reasonably return to that place of residence; and
(ii) is in grave fear of his or her personal safety because of the circumstances in which, or reasons why, he or she was displaced from that place of residence; or
(b) the applicant has not been displaced from his or her place of residence, but:
(i) there is a strong likelihood that the applicant will be displaced from that place of residence; and
(ii) the applicant is in grave fear of his or her personal safety because of the circumstances in which, or reasons why, the applicant may be displaced from that place of residence.
(3) The applicant meets the requirements of this subclause if the applicant:
(a) is a member of the immediate family of a holder of a Subclass 449 visa (the visa holder); and
(b) was a member of the visa holder’s immediate family when the visa holder was first granted a Subclass 449 visa.
449.223
Grant of the visa would not result in either:
(a) the number of Subclass 449 visas granted in a financial year exceeding the maximum number of Subclass 449 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 449, 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.
449.224
(1) The applicant satisfies public interest criteria 4002 and 4003A.
(2) The applicant 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.