(sb) Skilled Work Regional (Provisional) (Class PS);
(t) Temporary Work (Long Stay Activity) (Class GB);
(u) Training and Research (Class GC);
(ua) Temporary Work (International Relations) (Class GD);
(v) Temporary Work (Entertainment) (Class GE);
(w) Special Program (Temporary) (Class TE).
(4) The subclasses of visa referred to in sub‑subparagraphs (1)(d)(i)(D) and (1)(e)(i)(B) are the following:
(a) Subclass 303 (Emergency (Temporary Visa Applicant));
(aa) Subclass 407 (Training);
(ab) Subclass 408 (Temporary Activity);
(b) Subclass 457 (Temporary Work (Skilled));
(ba) Subclass 482 (Skills in Demand).
(c) Subclass 482 (Temporary Skill Shortage).
773.214
In the case of an application by an applicant other than a person referred to in paragraph 773.213(1)(c), the Minister is satisfied that:
(a) there are compelling reasons for granting a Subclass 773 visa to the applicant; and
(b) the presence of the applicant in Australia would not be contrary to Australia’s interests; and
(c) the applicant has a good reason for not being the holder of a visa.
773.215
In the case of an application by an applicant referred to in paragraph 773.213(1)(c), the Minister is satisfied, on the basis of a written statement by the applicant, that:
(a) the applicant has reasonable grounds for having failed to comply with the condition; and
(b) there are compelling reasons for allowing the applicant to leave the place of immigration clearance with the permission of the clearance officer; and
(c) the specified person referred to in that paragraph will arrive in Australia within 30 days of the applicant being allowed to leave the place of immigration clearance with the permission of the clearance officer.
773.216
(1) Subject to subclause (2), if the applicant is an applicant referred to in paragraph 773.213(1)(e), (f) or (g), the application is not made within 5 years of the grant of a previous Subclass 773 visa that was granted to the applicant on the basis of the applicant being a person of that kind.
(2) Subclause (1) does not apply to an applicant:
(a) if the applicant is a passenger on a vessel that has entered Australia because of matters beyond the control of the person in charge of the vessel; or
(i) there are compelling reasons for the grant of the visa to the applicant; and
(ii) the presence of the applicant in Australia would not be contrary to the interests of Australia; and
(iii) the applicant has a good reason for not being the holder of a visa.
773.217
If the application is made in Australia after immigration clearance, the applicant is the holder of a Subclass 773 visa that was granted to the holder as a person referred to in paragraph 773.213(1)(d).
773.22—Criteria to be satisfied at time of decision
773.221
If the application is made in Australia and the applicant seeks immigration clearance, the applicant continues to satisfy the criteria in clauses 773.212 to 773.216.
773.222
The applicant satisfies:
(a) public interest criteria 4001, 4002, 4003, 4004, 4005 and 4012; and
(b) if the applicant is not a person described in sub‑subparagraph 773.213(1)(d)(i)(A) or (B)—public interest criteria 4013 and 4014.
773.223
If the application is made in Australia and the applicant seeks immigration clearance, and has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.
773.224
If the application is made in Australia after immigration clearance:
(a) the Subclass 773 visa held by the applicant was granted subject to the satisfaction of a requirement or condition before the expiry of a period specified in the visa and that requirement has not been satisfied; and
(b) the applicant establishes that it was not possible to satisfy the requirement or condition before expiry of the period; and
(c) the Minister is satisfied that it would be unreasonable to require the person to leave Australia.
773.225
(1) 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.
(2) The Minister may waive the requirements of subclause (1) 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.
773.226
If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.
773.3—Secondary criteria: Nil.
Note: All applicants must satisfy the primary criteria.
773.4—Circumstances applicable to grant
773.411
When visa is granted, the applicant must be:
(a) in Australia and in immigration clearance; or
(b) in Australia after immigration clearance.
773.5—When visa is in effect
773.511
Temporary visa:
(a) either:
(i) coming into effect on grant; or
(ii) providing that if:
(A) the applicant holds another substantive visa, other than:
(I) a Special Purpose visa; or
(II) a Subclass 988 (Maritime Crew) visa;
that is in effect at the date of grant; and
(B) the other substantive visa ceases during the period beginning at the grant of this visa and ending at the end of the period specified in this visa;
this visa comes into effect when the other substantive visa ceases; and
(b) permitting the holder to remain in Australia for a period specified by the Minister, not exceeding 30 days from the date of grant.
Note: If, when the other substantive visa ceases, the period from the grant of this visa to the time the other substantive visa ceases exceeds the period specified in this visa, this visa will not come into effect.
773.512
If the visa holder holds another substantive visa 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.
773.6—Conditions
773.611
Conditions applicable to the visa for which the applicant is apparently eligible.
Subclass 785—Temporary Protection
785.1—Interpretation
Note 1: For member of the same family unit, see subsection 5(1) of the Act.
Note 2: There are no interpretation provisions specific to this Part.
785.2—Primary criteria
Note: All applicants must satisfy the primary criteria.
785.21—Criteria to be satisfied at time of application
785.211
(1) Subclause (2) or (3) is satisfied.
(2) The applicant:
(a) claims that a criterion mentioned in paragraph 36(2)(a) or (aa) of the Act is satisfied in relation to the applicant; and
(b) makes specific claims as to why that criterion is satisfied.
Note: Paragraphs 36(2)(a) and (aa) of the Act set out criteria for the grant of protection visas to non‑citizens in respect of whom Australia has protection obligations.
(3) The applicant claims to be a member of the same family unit as a person:
(a) to whom subclause (2) applies; and
(b) who is an applicant for a Subclass 785 (Temporary Protection) visa.
Note: See paragraphs 36(2)(b) and (c) of the Act.
785.22—Criteria to be satisfied at time of decision
785.221
(1) Subclause (2) or (3) is satisfied.
(2) The Minister is satisfied that a criterion mentioned in paragraph 36(2)(a) or (aa) of the Act is satisfied in relation to the applicant.
Note: Paragraphs 36(2)(a) and (aa) of the Act set out criteria for the grant of protection visas to non‑citizens in respect of whom Australia has protection obligations.
(3) The Minister is satisfied that:
(a) the applicant is a member of the same family unit as an applicant mentioned in subclause (2); and
(b) the applicant mentioned in subclause (2) has been granted a Subclass 785 (Temporary Protection) visa.
Note: See paragraphs 36(2)(b) and (c) of the Act.
785.222
The applicant has undergone a medical examination carried out by any of the following (a relevant medical practitioner):
(a) a Medical Officer of the Commonwealth;
(b) a medical practitioner approved by the Minister for the purposes of this paragraph;
(c) a medical practitioner employed by an organisation approved by the Minister for the purposes of this paragraph.
785.223
(1) One of subclauses (2) to (5) is satisfied.
(2) The applicant has undergone a chest x‑ray examination conducted by a medical practitioner who is qualified as a radiologist in Australia.
(3) The applicant is under 11 years of age and is not a person in respect of whom a relevant medical practitioner has requested the examination mentioned in subclause (2).
(4) The applicant is a person:
(a) who is confirmed by a relevant medical practitioner to be pregnant; and
(b) who has been examined for tuberculosis by a chest clinic officer employed by a health authority of a State or Territory; and
(c) who has signed an undertaking to place herself under the professional supervision of a health authority in a State or Territory and to undergo any necessary treatment; and
(d) who the Minister is satisfied should not be required to undergo a chest x‑ray examination at this time.
(5) The applicant:
(a) is an unauthorised maritime arrival; and
(b) holds or has held a Subclass 785 (Temporary Protection) visa or a Subclass 790 (Safe Haven Enterprise) visa; and
(c) at the time the visa was granted, satisfied any of the following:
(i) subclause (3) of this clause;
(ii) this subclause;
(iii) subclause 790.223(3);
(iv) subclause 790.223(5).
785.224
(1) A relevant medical practitioner has considered:
(a) the results of any tests carried out for the purposes of the medical examination required under clause 785.222; and
(b) the radiological report (if any) required under clause 785.223 in respect of the applicant.
(2) If the relevant medical practitioner:
(a) is not a Medical Officer of the Commonwealth; and
(b) considers that the applicant has 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;
the relevant medical practitioner has referred any relevant results and reports to a Medical Officer of the Commonwealth.
785.225
If a Medical Officer of the Commonwealth considers that the applicant has 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, 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.
785.226
The applicant:
(a) satisfies public interest criteria 4001 and 4003A; and
(b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.
785.227
The Minister is satisfied that the grant of the visa is in the national interest.
785.228
(1) If the applicant is a child to whom subregulation 2.08(2) applies, subclause (2) is satisfied.
(2) The Minister is satisfied that:
(a) the applicant is a member of the same family unit as an applicant to whom subclause 785.221(2) applies; and
(b) the applicant to whom subclause 785.221(2) applies has been granted a Subclass 785 (Temporary Protection) visa.
Note 1: Subregulation 2.08(2) applies, generally, to a child born to a non‑citizen after the non‑citizen has applied for a visa but before the application is decided.
Note 2: Subclause 785.221(2) applies if the Minister is satisfied that Australia has protection obligations in respect of the applicant as mentioned in paragraph 36(2)(a) or (aa) of the Act.
785.3—Secondary criteria
Note: All applicants must satisfy the primary criteria.
785.4—Circumstances applicable to grant
785.411
The applicant must be in Australia when the visa is granted.
785.5—When visa is in effect
785.511
Temporary visa permitting the holder to remain in, travel to and enter Australia until:
(a) in a case in which the holder of the temporary visa (the first visa) makes a valid application for another Subclass 785 (Temporary Protection) visa, or a Subclass 790 (Safe Haven Enterprise) visa, within 3 years after the grant of the first visa:
(i) if the application is withdrawn—the later of:
(A) the day the application is withdrawn; or
(B) the end of 3 years from the date of the grant of the first visa, or the end of any shorter period specified by the Minister, whichever occurs earlier; and
(ii) if the application is not withdrawn—35 days after the day the application is finally determined; and
(aa) in a case where the holder of the first visa makes a valid application for a Resolution of Status (Class CD) visa on the basis of meeting the requirements of item 4, 5, 6 or 7 of the table in subitem 1127AA(3) of Schedule 1, or is taken to have made a valid application for a Resolution of Status (Class CD) visa under regulation 2.08G:
(i) if the application is withdrawn—the later of:
(A) the day the application is withdrawn; or
(B) the end of 3 years from the date of the grant of the first visa, or the end of any shorter period specified by the Minister, whichever occurs earlier; and
(ii) if the application is not withdrawn—35 days after the day the application is finally determined; and
(b) in any other case—the earlier of:
(i) the end of 3 years from the date of grant of the first visa; and
(ii) the end of any shorter period, specified by the Minister, from the date of grant of the first visa.
785.6—Conditions
785.611
Conditions 8503, 8570 and 8565.
Subclass 786—Temporary (Humanitarian Concern)
786.1—Interpretation
Note: No interpretation provisions specific to this Part.
786.2—Primary criteria
Note: All applicants must satisfy the primary criteria.
786.21—Criteria to be satisfied at time of application
786.211
The applicant is the holder of a Temporary Safe Haven (Class UJ) visa.
786.22—Criteria to be satisfied at time of decision
786.221
The Minister is satisfied that, for reasons of humanitarian concern, the applicant should be permitted to remain in Australia for a further period.
786.222
The applicant has undergone a medical examination carried out by any of the following (a relevant medical practitioner):
(a) a Medical Officer of the Commonwealth;
(b) a medical practitioner approved by the Minister for the purposes of this paragraph;
(c) a medical practitioner employed by an organisation approved by the Minister for the purposes of this paragraph.
786.223
(1) Subject to subclause (2), the applicant has undergone a chest x‑ray examination conducted by a medical practitioner who is qualified as a radiologist in Australia.
(2) Subclause (1) does not apply to an applicant if the applicant:
(a) is under 11 years of age and is not a person in respect of whom a Commonwealth Medical Officer has requested such an examination; or
(b) is a person:
(i) who is confirmed by a Commonwealth Medical Officer to be pregnant; and
(ii) who has been examined for tuberculosis by a chest clinic officer employed by a health authority of a State or Territory; and
(iii) who has signed an undertaking to place herself under the professional supervision of a health authority in a State or Territory and to undergo any necessary treatment; and
(iv) who the Minister is satisfied should not be required to undergo a chest x‑ray examination at this time.
786.224
The applicant satisfies public interest criterion 4001 or, if the applicant is unable to satisfy that criterion because the appropriate inquiries have not been completed, the applicant declares in writing, to the satisfaction of the Minister, that the applicant:
(a) does not have a criminal record; and
(b) is not a terrorist; and
(c) has not engaged in crimes against humanity or war crimes; and
(d) will assist Immigration by attempting to obtain any relevant records relating to the applicant.
786.225
The applicant satisfies public interest criteria 4002 and 4003A.
786.3—Secondary criteria
Note: All applicants must satisfy the primary criteria.
786.4—Circumstances applicable to grant
786.411
The applicant must be in Australia.
786.5—When visa is in effect
786.511
Temporary visa permitting the holder to remain in, but not re‑enter, Australia until the earlier of:
(a) the end of 36 months from the date of grant of the visa; and
(b) the end of any shorter period determined in writing by the Minister from the date of grant of the visa.
786.6—Conditions
786.611
The holder must notify Immigration of any change in the holder’s address at least 2 working days before the change.
786.612
The holder must not become involved in any disruptive activity, or violence, that may be a threat to the welfare of the Australian community or a group in the Australian community.
Subclass 790—Safe Haven Enterprise
790.1—Interpretation
Note 1: For member of the same family unit, see subsection 5(1) of the Act.
Note 2: There are no interpretation provisions specific to this Part.
790.2—Primary criteria
Note: All applicants must satisfy the primary criteria.
790.21—Criteria to be satisfied at time of application
790.211
(1) Subclause (2) or (3) is satisfied.
(2) The applicant:
(a) claims that a criterion mentioned in paragraph 36(2)(a) or (aa) of the Act is satisfied in relation to the applicant; and
(b) makes specific claims as to why that criterion is satisfied.
Note: Paragraphs 36(2)(a) and (aa) of the Act set out criteria for the grant of protection visas to non‑citizens in respect of whom Australia has protection obligations.
(3) The applicant claims to be a member of the same family unit as a person: