(1) If the applicant was in Australia at the time of application, and held a substantive temporary visa, the visa was not a Subclass 403 (Temporary Work (International Relations)) visa in the Domestic Worker (Diplomatic or Consular) stream.
(2) If the applicant was in Australia at the time of application, and did not hold a substantive visa:
(a) the last substantive visa the applicant held was not a Subclass 403 (Temporary Work (International Relations)) visa in the Domestic Worker (Diplomatic or Consular) stream; and
(b) the applicant satisfies Schedule 3 criteria 3001, 3003, 3004 and 3005.
600.224
(1) Subclauses (2) to (4) apply if:
(a) an applicant intends to visit Australia, or remain in Australia to visit an Australian citizen, or Australian permanent resident, who is a parent, spouse, de facto partner, child, brother or sister of the applicant; and
(b) the Minister has required the applicant, and each other applicant who is a member of the applicant’s family unit, or in relation to whom the applicant is a member of the family unit, to be sponsored by a settled Australian citizen, or a settled Australian permanent resident, who is at least 18 and:
(i) a relative of the applicant; or
(ii) a relative of another applicant who is a member of the family unit of the applicant; or
(iii) a relative of another applicant in relation to whom the applicant is a member of the family unit.
(2) The applicant is sponsored as required by the Minister.
(3) The sponsorship has been approved by the Minister and is still in force.
(4) If the applicant is not a relative of the sponsor, a Subclass 600 visa in the Tourist stream has been granted to another person who is:
(a) a relative of the sponsor; and
(b) sponsored by the sponsor in relation to the applicant’s visit.
600.225
(1) Subclause (2) applies if:
(a) the Minister has required the applicant to be sponsored as described in paragraph 600.224(1)(b); and
(b) the applicant is sponsored as required by the Minister; and
(c) the sponsorship has been approved by the Minister and is still in force; and
(d) an officer authorised under section 269 of the Act (which deals with security for compliance with the Act) has asked for the lodgement of a security.
(2) The security has been lodged.
600.23—Criteria for Sponsored Family stream
Note: These criteria are only for applicants seeking to satisfy the primary criteria for a Subclass 600 visa in the Sponsored Family stream.
(a) to visit an Australian citizen, or Australian permanent resident, who is a parent, spouse, de facto partner, child, brother or sister of the applicant; or
(b) for any other purpose that is not related to business or medical treatment.
600.232
(1) One of subclauses (2) to (4) applies.
(2) The applicant is sponsored by a settled Australian citizen, or a settled Australian permanent resident, who is at least 18 and:
(a) a relative of the applicant; or
(b) a relative of another applicant who is a member of the family unit of the applicant; or
(c) a relative of another applicant in relation to whom the applicant is a member of the family unit.
(3) The applicant is sponsored by a settled Australian citizen, or a settled Australian permanent resident, who:
(a) is a member of the Commonwealth Parliament or a State Parliament; or
(b) is a member of the Legislative Assembly of the Australian Capital Territory or the Northern Territory; or
(c) holds the office of mayor.
(4) The applicant is sponsored by a Commonwealth government agency or instrumentality or a State or Territory government agency or instrumentality.
600.233
If subclause 600.232(2) applies, and if the applicant is not a relative of the sponsor, a Subclass 600 visa in the Sponsored Family stream has been granted to another person who is:
(a) a relative of the sponsor; and
(b) sponsored by the sponsor in relation to the applicant’s visit.
600.234
The sponsorship described in subclause 600.232(2), (3) or (4) has been approved by the Minister and is still in force.
600.235
If an officer authorised under section 269 of the Act (which deals with security for compliance with the Act) has asked for the lodgement of a security, the security has been lodged.
600.24—Criteria for Business Visitor stream
Note: These criteria are only for applicants seeking to satisfy the primary criteria for a Subclass 600 visa in the Business Visitor stream.
600.241
The applicant intends to visit Australia to engage in a business visitor activity.
600.242
The applicant does not intend to engage in activities that will have adverse consequences for employment or training opportunities, or conditions of employment, for Australian citizens or Australian permanent residents.
600.25—Criteria for Approved Destination Status stream
Note: These criteria are only for applicants seeking to satisfy the primary criteria for a Subclass 600 visa in the Approved Destination Status stream.
600.251
(1) The applicant is a citizen of PRC.
(2) The applicant is resident in an area of PRC specified by the Minister in an instrument in writing for this subclause.
600.252
The applicant intends to travel to Australia as a member of a tour organised by a travel agent specified by the Minister in an instrument in writing for item 3 of the table in subitem 1236(6) of Schedule 1.
600.253
The applicant intends to travel to Australia for the purpose of sightseeing and related activities.
600.254
A statement of the travel and touring arrangements has been provided to the Minister.
600.26—Criteria for Frequent Traveller stream
Note: These criteria are only for applicants seeking to satisfy the primary criteria for a Subclass 600 visa in the Frequent Traveller stream.
600.261
The applicant intends to visit Australia:
(a) as a tourist; or
(b) to engage in a business visitor activity.
600.262
The applicant does not intend to engage in activities that will have adverse consequences for employment or training opportunities, or conditions of employment, for Australian citizens or Australian permanent residents.
600.3—Secondary criteria
Note: There are no secondary criteria for this Part. The primary criteria must be satisfied by all applicants.
600.4—Circumstances applicable to grant
600.411
If the applicant is in Australia at the time of application, the applicant must be in Australia at the time of grant.
600.412
If the applicant is outside Australia at the time of application, the applicant must be outside Australia at the time of grant.
600.413
An applicant for a Subclass 600 visa in the Approved Destination Status stream must be in PRC at the time of grant.
600.5—When visa is in effect
600.511
(1) If the visa:
(a) is granted to an applicant in Australia; and
(b) does not specify that it permits the holder to travel to and enter Australia;
temporary visa permitting the holder to remain in Australia for a period, or until a date, specified by the Minister.
(2) If the visa:
(a) is granted to an applicant in Australia; and
(b) specifies that it permits the holder to travel to and enter Australia;
temporary visa permitting the holder to travel to, and enter, Australia on one or more occasions, as specified by the Minister, until a date specified by the Minister and to remain in Australia, after each entry, for a period, or until a date, specified by the Minister.
600.512
(1) If the visa is granted to an applicant outside Australia, temporary visa permitting the holder to travel to, and enter, Australia on one or more occasions, as specified by the Minister, until a date specified by the Minister and to remain in Australia, after each entry, for a period, or until a date, specified by the Minister.
(2) Despite subclause (1), if the applicant satisfied the primary criteria for the grant of a Subclass 600 visa in the Frequent Traveller stream, temporary visa permitting the holder:
(a) to travel to and enter Australia on multiple occasions until a date specified by the Minister (which must not be more than 10 years after the date of grant of the visa); and
(b) to remain in Australia, after each entry, for 3 months.
600.513
Despite clauses 600.511 and 600.512, if:
(a) the visa is granted to an applicant on the basis of a deemed application under regulation 2.07AA; and
(b) the applicant already holds a substantive visa that is in effect at the time of grant;
the Subclass 600 visa comes into effect when the other substantive visa ceases to be in effect.
Note: If the visa period of the Subclass 600 visa ends before the other substantive visa ceases, the Subclass 600 visa never comes into effect.
600.6—Conditions
600.611
(1) Subclauses (2) to (4) apply if the visa is a Subclass 600 visa in the Tourist stream.
(2) If the sponsorship described in clause 600.224 has been approved by the Minister, conditions 8101, 8201, 8503, and 8531 must be imposed.
(3) If the applicant was not sponsored in accordance with clause 600.224, and subclause (4) does not apply:
(a) conditions 8101 and 8201 must be imposed; and
(b) conditions 8501, 8503 and 8558 may be imposed.
(4) If:
(a) the applicant is suffering financial hardship as a result of changes in the applicant’s circumstances after entering Australia; and
(b) the applicant, or a member of the applicant’s immediate family, is likely to become a charge on the Commonwealth, a State, a Territory or a public authority in Australia; and
(c) for reasons beyond the applicant’s control, the applicant, or a member of the applicant’s immediate family, cannot leave Australia; and
(d) the applicant has compelling personal reasons to work in Australia;
condition 8201 must be imposed and condition 8503 may be imposed.
600.612
If the visa is a Subclass 600 visa in the Sponsored Family stream, conditions 8101, 8201, 8503, and 8531 must be imposed.
600.613
If the visa is a Subclass 600 visa in the Business Visitor stream:
(a) conditions 8115 and 8201 must be imposed; and
(b) condition 8503 may be imposed.
600.614
If the visa is a Subclass 600 visa in the Approved Destination Status stream, conditions 8101, 8207, 8503 and 8530 must be imposed.
600.615
If the visa is a Subclass 600 visa in the Frequent Traveller stream, conditions 8115, 8201, 8503, 8516, 8527, 8531, 8572, 8573 and 8609 must be imposed.
Subclass 601—Electronic Travel Authority
601.1—Interpretation
Note 1: For business visitor activity and ETA‑eligible passport: see regulation 1.03.
Note 2: There are no interpretation provisions specific to this Part.
601.2—Primary criteria
Note: The primary criteria for the grant of a Subclass 601 visa must be satisfied by all applicants.
All criteria must be satisfied at the time a decision is made on the application.
601.21—Criteria
601.211
The applicant holds an ETA‑eligible passport.
601.212
The applicant genuinely intends to visit Australia temporarily:
(a) as a tourist; or
(b) to engage in a business visitor activity.
601.213
The applicant satisfies public interest criteria 4002, 4003, 4004, 4005, 4013, 4014 and 4020.
601.214
The applicant satisfies special return criteria 5001 and 5002.
601.3—Secondary criteria
Note: There are no secondary criteria for this Part. The primary criteria must be satisfied by all applicants.
601.4—Circumstances applicable to grant
601.411
If the applicant is in immigration clearance at the time of application, the applicant must be in immigration clearance at time of grant.
601.412
If the applicant is outside Australia at the time of application, the applicant must be outside Australia at time of grant.
601.5—When visa is in effect
601.511
Temporary visa permitting the holder:
(a) to travel to, and enter, Australia on multiple occasions within the shorter of:
(i) 12 months from the date of the grant of the visa; and
(ii) the life of the holder’s passport; and
(b) to remain in Australia, after each entry, for 3 months.
601.512
Despite clause 601.511, if the applicant already holds a substantive visa (other than a Special Purpose visa or a Subclass 988 (Maritime Crew) visa) that is in effect at the time of grant, the Subclass 601 visa comes into effect when the other substantive visa ceases to be in effect.
Note: If the visa period of the Subclass 601 visa ends before the other substantive visa ceases, the Subclass 601 visa never comes into effect.
601.513
If the applicant already holds a substantive visa that is in effect at the date of grant and that substantive visa is cancelled, this visa is in effect for a period that ends when the other substantive visa is cancelled.
601.6—Conditions
601.611
Conditions 8115, 8201, 8527 and 8528 must be imposed.
Subclass 602—Medical Treatment
602.1—Interpretation
Note: There are no interpretation provisions specific to this Part.
602.2—Primary criteria
Note: All applicants must satisfy the primary criteria unless the applicant is a member of the family unit of a person who holds:
(a) a Subclass 602 visa on the basis of satisfying subclause 602.212(6) (unfit to depart); or
(b) a Subclass 685 (Medical Treatment (Long Stay)) visa on the basis of satisfying subclause 685.221(4) (unfit to depart).
Those applicants must satisfy the secondary criteria.
All criteria must be satisfied at the time a decision is made on the application.
602.211
The applicant seeks to visit Australia, or remain in Australia temporarily, for the purposes of medical treatment or for related purposes.
602.212
(1) The requirements in one of subclauses (2) to (8) are met.
Medical treatment
(2) All of the following requirements are met:
(a) the applicant seeks to obtain medical treatment (including consultation), other than treatment for the purposes of surrogate motherhood, in Australia;
(b) arrangements have been concluded to carry out the treatment;
(c) if the treatment is an organ transplant:
(i) the donor of the relevant organ is accompanying the applicant to Australia; or
(ii) all requisite arrangements to effect the donation of the organ have been concluded in Australia;
(d) the applicant is free from a disease or condition that is, or may result in the applicant being, a threat to public health in Australia or a danger to the Australian community;
(e) arrangements have been concluded for the payment of all costs related to the treatment and all other expenses of the applicant’s stay in Australia, including the expenses of any person accompanying the applicant;
(f) either:
(i) the payment of those costs will not be a charge on the Commonwealth, a State, a Territory or a public authority in Australia; or
(ii) evidence is produced that the relevant government authority has approved the payment of those costs.
Organ donor
(3) All of the following requirements are met:
(a) the applicant seeks to donate an organ for transplant in Australia;
(b) if the organ recipient is also an applicant, the requirements described in subclause (2) are met in relation to the organ recipient;
(c) the applicant satisfies public interest criterion 4005;
(d) arrangements have been concluded for the payment of all costs related to the organ transplant and all other expenses of the applicant’s stay in Australia, including the expenses of any person accompanying the applicant;
(e) either:
(i) the payment of those costs will not be a charge on the Commonwealth, a State, a Territory or a public authority in Australia; or
(ii) evidence is produced that the relevant government authority has approved the payment of those costs.
Support person
(4) All of the following requirements are met:
(a) the applicant seeks to give emotional and other support to an applicant in relation to whom:
(i) the requirements described in subclause (2) or (3) are met; or
(ii) the requirements described in subclause 675.212(2) or (3) are met; or
(iii) the requirements described in subclause 685.212(2) or (3) are met;
(b) the person to whom the applicant is to provide support holds:
(i) a Subclass 602 visa on the basis that the requirements described in subclause (2) or (3) have been met; or
(ii) a Subclass 675 (Medical Treatment (Short Stay)) visa on the basis that the requirements described in subclause 675.212(2) or (3) have been met; or
(iii) a Subclass 685 (Medical Treatment (Long Stay)) visa on the basis that the requirements described in subclause 685.212(2) or (3) have been met;
(c) the applicant satisfies public interest criterion 4005.
Western Province of Papua New Guinea
(5) All of the following requirements are met:
(a) the applicant is a citizen of Papua New Guinea;
(b) the applicant resides in the Western Province of Papua New Guinea;
(c) the Department of the government of Queensland that is responsible for health has approved the medical evacuation of the applicant to, or treatment of the applicant in, a hospital in Queensland.
Unfit to depart
(6) All of the following requirements are met:
(a) the applicant is in Australia;
(b) the applicant has turned 50;
(c) the applicant has applied for a permanent visa while in Australia;
(d) the applicant appears to have met all the criteria for the grant of that visa, other than public interest criteria related to health;
(e) the applicant has been refused the visa;
(f) the applicant is medically unfit to depart Australia due to a permanent or deteriorating disease or health condition, as evidenced by a written statement to that effect from a Medical Officer of the Commonwealth.
Financial hardship
(7) All of the following requirements are met:
(a) one of the following applies:
(i) the requirements described in paragraphs (2)(a) to (c) are met in relation to the applicant;
(ii) the requirements described in paragraphs (3)(a) and (b) are met in relation to the applicant;
(iii) the requirements described in paragraphs (4)(a) and (b) are met in relation to the applicant;