(iv) the requirements described in subclause (5) are met in relation to the applicant;
(v) the requirements described in paragraphs (6)(a) to (e) are met in relation to the applicant;
(b) the applicant is in Australia;
(c) the applicant holds:
(i) a Subclass 602 visa; or
(ii) a Subclass 675 (Medical Treatment (Short Stay)) visa; or
(iii) a Subclass 685 (Medical Treatment (Long Stay)) visa;
(d) the applicant is suffering financial hardship as a result of changes in the applicant’s circumstances after entering Australia;
(e) 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;
(f) the applicant, or a member of the applicant’s immediate family, cannot leave Australia for reasons beyond his or her control;
(g) the applicant has compelling personal reasons to work in Australia;
(h) the applicant satisfies public interest criterion 4005.
Compelling personal reasons
(8) 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;
(iv) the requirements described in subclause (5) are met in relation to the applicant;
(v) the requirements described in paragraphs (6)(a) to (e) are met in relation to the applicant;
(b) the applicant is in Australia;
(c) the applicant has compelling personal reasons for the grant of the visa;
(d) the applicant satisfies public interest criterion 4005, other than paragraph 4005(1)(c).
602.213
(1) Subclause (2) applies if:
(a) the applicant was in Australia at the time of application; and
(b) the applicant held a substantive temporary visa at that time; and
(c) the requirements described in subclause 602.212(6) are not met in relation to the applicant.
(2) The substantive temporary visa held by the applicant was not a Subclass 403 (Temporary Work (International Relations)) visa in the Domestic Worker (Diplomatic or Consular) stream.
(3) Subclause (4) applies if:
(a) the applicant was in Australia at the time of application; and
(b) the applicant did not hold a substantive temporary visa at that time; and
(c) the requirements described in subclause 602.212(6) are not met in relation to the applicant.
(4) The last substantive temporary visa held by the applicant was not a Subclass 403 (Temporary Work (International Relations)) visa in the Domestic Worker (Diplomatic or Consular) stream.
602.214
(1) No Australian citizen or Australian permanent resident would be disadvantaged in obtaining medical treatment or consultation if the visa was granted.
(2) However, subclause (1) does not apply if the requirements described in subclause 602.212(6) are met in relation to the applicant.
602.215
(1) The applicant genuinely intends to stay temporarily in Australia for the purpose for which the visa is granted, having regard to:
(a) whether the applicant has complied substantially with the conditions to which the last substantive visa, or any subsequent bridging visa, held by the applicant was subject; and
(b) whether the applicant intends to comply with the conditions to which the Subclass 602 visa would be subject; and
(c) any other relevant matter.
(2) However, subclause (1) does not apply if the requirements described in subclause 602.212(6) are met in relation to the applicant.
602.216
(1) The applicant has:
(a) adequate means to support himself or herself; or
(b) access to adequate means to support himself or herself;
during the period of the applicant’s intended stay in Australia.
(2) However, subclause (1) does not apply if the requirements described in subclause 602.212(6) are met in relation to the applicant.
602.217
(1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4013 and 4014.
(2) However, subclause (1) does not apply if the requirements described in subclause 602.212(6), (7) or (8) are met in relation to the applicant.
602.218
The applicant satisfies public interest criteria 4020 and 4021.
602.219
If the applicant has not turned 18, the applicant also satisfies public interest criteria 4012, 4017 and 4018.
602.219A
The applicant satisfies special return criteria 5001, 5002 and 5010.
602.219B
(1) If the application is made in Australia:
(a) the period of stay in Australia to which the application relates is not sought for the purpose of commencing, continuing or completing any studies or training; and
(b) if the grant of the visa would result in the applicant being authorised to stay in Australia for more than 12 consecutive months as the holder of one or more visitor visas, compelling personal reasons or exceptional circumstances exist for the grant of the visa.
(2) However, subclause (1) does not apply if the requirements described in subclause 602.212(6), (7) or (8) are met in relation to the applicant.
602.3—Secondary criteria
Note: These criteria are for certain applicants who are members of the family unit of a person who satisfies the primary criteria. All criteria must be satisfied at the time a decision is made on the application.
602.311
The applicant is a member of the family unit of a person who holds:
(a) a Subclass 602 visa on the basis of satisfying the requirements in subclause 602.212(6); or
(b) a Subclass 685 (Medical Treatment (Long Stay)) visa on the basis of satisfying the requirements in subclause 685.221(4).
602.312
(1) The applicant satisfies public interest criteria 4020 and 4021.
(2) If the applicant has not turned 18, the applicant also satisfies public interest criteria 4012, 4017 and 4018.
602.313
The applicant satisfies special return criterion 5010.
602.314
(1) Subclauses (2) to (6) apply if the applicant holds:
(a) a Subclass 602 visa; or
(b) a Subclass 675 (Medical Treatment (Short Stay)) visa; or
(c) a Subclass 685 (Medical Treatment (Long Stay)) visa.
(2) The applicant is suffering financial hardship as a result of changes in the applicant’s circumstances after entering Australia.
(3) 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.
(4) For reasons beyond the applicant’s control, the applicant, or a member of the applicant’s immediate family, cannot leave Australia.
(5) The applicant has compelling personal reasons to work in Australia.
(6) The applicant satisfies public interest criterion 4005.
602.4—Circumstances applicable to grant
602.411
If the applicant is in Australia at the time of application, the applicant must be in Australia at the time of grant.
602.412
If the applicant is outside Australia at the time of application, the applicant must be outside Australia at the time of grant.
602.5—When visa is in effect
602.511
Temporary visa permitting the holder:
(a) to travel to, and enter, Australia on one or more occasions until a date specified by the Minister; and
(b) to remain in Australia for a period specified by the Minister.
602.6—Conditions
602.611
(1) If:
(a) the applicant holds a Subclass 602 visa on the basis of satisfying the primary criteria; and
(b) the requirements described in subclause 602.212(7) have been met in relation to the applicant;
condition 8201 must be imposed.
(2) If:
(a) the applicant holds a Subclass 602 visa on the basis of satisfying the secondary criteria; and
(b) the requirements described in clause 602.314 have been met in relation to the applicant;
condition 8201 must be imposed.
(3) In any other case, conditions 8101 and 8201 must be imposed.
602.612
Condition 8503 may be imposed.
Subclass 651—eVisitor
651.1—Interpretation
Note 1: For business visitor activity and eVisitor eligible passport: see regulation 1.03.
Note 2: There are no interpretation provisions specific to this Part.
651.2—Primary Criteria
Note: The primary criteria for the grant of a Subclass 651 visa must be satisfied by all applicants.
All criteria must be satisfied at the time a decision is made on the application.
651.21—Criteria
651.211
The applicant holds an eVisitor eligible passport.
651.212
The applicant genuinely intends to visit Australia temporarily:
(a) as a tourist; or
(b) to engage in a business visitor activity.
651.213
The applicant satisfies public interest criteria 4002, 4003, 4004, 4005, 4013, 4014 and 4020.
651.214
The applicant satisfies special return criteria 5001 and 5002.
651.3—Secondary criteria
Note: There are no secondary criteria for this Part. The primary criteria must be satisfied by all applicants.
651.4—Circumstances applicable to grant
651.411
The applicant must be outside Australia at the time of the grant.
651.5—When visa is in effect
651.511
Temporary visa permitting the holder:
(a) to travel to and enter Australia on multiple occasions within 12 months from the date of the grant of the visa; and
(b) to remain in Australia, after each entry, for 3 months.
651.6—Conditions
651.611
Conditions 8115, 8201, 8527 and 8528 must be imposed.
Subclass 771—Transit
771.1—Interpretation
Note: non‑military ship and member of the crew are defined in regulation 1.03. No interpretation provisions specific to this Part.
771.2—Primary criteria
Note: All applicants must satisfy the primary criteria.
771.21—Criteria to be satisfied at time of application
771.211
The applicant intends to remain in Australia no longer than 72 hours.
771.212
The applicant establishes that the applicant’s principal purpose in entering Australia is:
(a) to pass through Australia in transit to another country; or
(b) to pass through Australia for the purpose of signing on to a non‑military ship (other than a ship that is being imported into Australia) as a member of the crew.
771.213
The applicant produces tickets or documentation, or both, establishing that the applicant has concluded arrangements for travel to a destination outside Australia.
771.22—Criteria to be satisfied at time of decision
771.221
The applicant continues to satisfy the criteria in clauses 771.211 to 771.213.
771.222
The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4013, 4014, 4020 and 4021.
771.223
If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.
771.3—Secondary criteria: Nil.
Note: All applicants must meet the primary criteria.
771.4—Circumstances applicable to grant
771.411
The applicant must be outside Australia when the visa is granted.
771.5—When visa is in effect
771.511
Temporary visa permitting the holder to travel to and enter Australia on 1 or more occasions and to remain in Australia no longer than 72 hours on each occasion.
771.6—Conditions
771.611
The holder must enter on or before the date specified by the Minister for the purpose.
771.612
Conditions 8101 and 8201.
771.613
Any 1 or more of conditions 8501, 8514 and 8516 may be imposed.
Subclass 773—Border
773.1—Interpretation
Note: eligible New Zealand citizen is defined in regulation 1.03. No interpretation provisions specific to this Part.
773.2—Primary criteria
Note: All applicants must meet the primary criteria.
773.21—Criteria to be satisfied at time of application
773.211
If the applicant has entered Australia and seeks immigration clearance, the applicant satisfies the criteria in clauses 773.212 to 773.216.
773.212
The applicant does not seek to remain in Australia as a refugee or on humanitarian grounds.
773.213
(1) The applicant is:
(a) the spouse or de facto partner of an Australian citizen, Australian permanent resident or an eligible New Zealand citizen; or
(b) a person who is apparently eligible for a Return (Residence) visa; or
(c) a person who has entered Australia with a visa that has been cancelled on presentation in immigration clearance because the person has breached a condition that the person is not to arrive in Australia before the arrival of another person specified in the visa; or
(d) a person who:
(i) is a dependent child of:
(A) an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen; or
(B) the holder of a visa of a class set out in subclause (2); or
(C) the holder of a visa of a class specified in subclause (3); or
(D) the holder of a visa of a subclass specified in subclause (4); and
(ii) arrives in Australia in the care of a person who is an Australian citizen or the holder of a visa; or
(e) a person who:
(i) immediately before last departing Australia, held a visa of:
(A) a class specified in subclause (3); or
(B) a subclass specified in subclause (4); and
(ii) departed in circumstances in which it was not reasonably practicable to obtain a visa before departing; and
(iii) would, if refused immigration clearance, be prevented from reunion with a close relative of the person in Australia; or
(f) a person who:
(i) immediately before last departing Australia, held a Student (Temporary) visa; and
(ii) departed in circumstances in which it was not reasonably practicable for the person to obtain a visa before departing; or
(g) a person who:
(i) has entered Australia without a visa that is in effect; and
(ii) seeks to remain in Australia on a temporary basis; and
(iii) appears to the Minister, from information in the application, to be a person:
(A) who is eligible for the grant of a Visitor (Class TV) visa; or
(B) who is, apart from the requirements of subitem 1236(5) of Schedule 1, eligible for the grant of a Subclass 600 (Visitor) visa; or
(C) who is, apart from the requirements of subitem 1224(3) of Schedule 1 and clause 771.411 of this Schedule, eligible for the grant of a Transit (Temporary) (Class TX) visa; or
(D) who is, apart from the requirements of item 1231 of Schedule 1 and clause 400.411 of this Schedule, eligible for the grant of a Subclass 400 (Temporary Work (Short Stay Specialist)) visa.
(2) The classes of visa referred to in sub‑subparagraph (1)(d)(i)(B) are the following: