(b) who is an applicant for a Subclass 790 (Safe Haven Enterprise) visa.
Note: See paragraphs 36(2)(b) and (c) of the Act.
790.22—Criteria to be satisfied at time of decision
790.221
(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 790 (Safe Haven Enterprise) visa.
Note: See paragraphs 36(2)(b) and (c) of the Act.
790.222
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.
790.223
(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 785.223(3);
(ii) subclause 785.223(5);
(iii) subclause (3) of this clause;
(iv) this subclause.
790.224
(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 790.222; and
(b) the radiological report (if any) required under clause 790.223 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.
790.225
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.
790.226
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.
790.227
The Minister is satisfied that the grant of the visa is in the national interest.
790.228
(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 790.221(2) applies; and
(b) the applicant to whom subclause 790.221(2) applies has been granted a Subclass 790 (Safe Haven Enterprise) 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 790.221(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.
790.3—Secondary criteria
Note: All applicants must satisfy the primary criteria.
790.4—Circumstances applicable to grant
790.411
The applicant must be in Australia when the visa is granted.
790.5—When visa is in effect
790.511
Temporary visa permitting the holder to travel to, enter and remain in Australia until:
(a) in a case in which the holder of the temporary visa (the first visa) makes a valid application for another Subclass 790 (Safe Haven Enterprise) visa or a Subclass 785 (Temporary Protection) visa, within 5 years after the grant of the first visa:
(i) if the application is withdrawn—the later of the day the application is withdrawn, and the end of 5 years from the date of the grant of the first visa; and
(ii) if the application is not withdrawn—35 days after the day the application is finally determined; or
(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 the day the application is withdrawn, and the end of 5 years from the date of the grant of the first visa; and
(ii) if the application is not withdrawn—35 days after the day the application is finally determined; or
(b) in any other case—the end of 5 years from the date of grant of the first visa.
790.6—Conditions
790.611
Conditions 8565 and 8570.
Note: There is nothing in the Act or these regulations which restricts the ability of the holder of the visa to study or work as he or she sees fit.
Subclass 800—Territorial Asylum
800.1—Interpretation
Note: No interpretation provisions specific to this Part.
800.2—Primary criteria
Note: The primary criteria must be satisfied by at least one member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria.
800.21—Criteria to be satisfied at time of application
800.211
The applicant has been granted territorial asylum in Australia by instrument of a Minister.
800.22—Criteria to be satisfied at time of decision
800.221
The applicant continues to satisfy the criterion in clause 800.211.
800.221A
The applicant:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005 and 4009; and
(b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.
800.222
(1) Each person who is a member of the family unit of the applicant and who is also an applicant for a Subclass 800 visa:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005 and 4009; and
(b) if the person had turned 18 at the time of application—satisfies public interest criterion 4019.
(2) Each person who is a member of the family unit of the applicant and is not an applicant for a Subclass 800 visa satisfies public interest criterion 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.
800.223
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.
800.3—Secondary criteria
Note: The secondary criteria must be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria.
800.31—Criteria to be satisfied at time of application
800.311
The applicant is a member of the family unit of a person who satisfies or has satisfied the primary criteria in Subdivision 800.21.
800.32—Criteria to be satisfied at time of decision
800.321
The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 800 visa.
800.322
The applicant:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005 and 4009; and
(b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.
800.323
If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.
800.4—Circumstances applicable to grant
800.411
The applicant must be in the migration zone when the visa is granted.
800.5—When visa is in effect
800.511
Permanent visa permitting the holder to travel to and enter Australia for a period of 5 years from date of grant.
800.6—Conditions: Nil.
Subclass 801—Partner
801.1—Interpretation
801.111
In this Part:
sponsoring partner means:
(a) an Australian citizen, Australian permanent resident or eligible New Zealand citizen who was specified in the application for the Subclass 820 (Spouse) visa or Subclass 820 (Partner) visa as the spouse or de facto partner of the applicant; or
(b) for a person to whom the Minister has decided, under section 351 or 501J, or repealed section 417, of the Act, to grant a Subclass 820 (Spouse) visa or a Subclass 820 (Partner) visa—an Australian citizen, Australian permanent resident or eligible New Zealand citizen who was the spouse or de facto partner of that person at the time the visa was granted.
Note: Australian permanent resident, eligible New Zealand citizen and long‑term partner relationship are defined in regulation 1.03, de facto partner is defined in section 5CB of the Act (also see regulation 1.09A), and spouse is defined in section 5F of the Act (also see regulation 1.15A).
801.2—Primary criteria
Note: The primary criteria must be satisfied by at least 1 member of a family unit. The dependent child of an applicant who satisfies the primary criteria is also eligible for the grant of the visa if the child satisfies the secondary criteria.
801.21—[No criteria to be satisfied at time of application.]
801.22—Criteria to be satisfied at time of decision
801.221
(1) The applicant meets the requirements of subclause (2), (2A), (3), (4), (5), (6), (6AA), (6AB) or (8).
(2) An applicant meets the requirements of this subclause if:
(a) the applicant is the holder of a Subclass 820 visa; and
(b) the applicant continues to be sponsored for the grant of the Subclass 820 (Partner) visa by:
(i) the sponsoring partner; or
(ii) the Australian citizen, Australian permanent resident or eligible New Zealand citizen who sponsored the applicant for that visa; and
(c) the applicant is the spouse or de facto partner of the sponsoring partner; and
(d) subject to subclauses (6A) and (7), at least 2 years have passed since the application was made.
(2A) An applicant meets the requirements of this subclause if:
(a) the applicant is the holder of a Subclass 820 (Partner) visa which the Minister has decided, under section 351 or 501J, or repealed section 417, of the Act, to grant to the applicant; and
(b) the applicant is the spouse or de facto partner of the sponsoring partner; and
(c) subject to subclauses (6A) and (7), at least 2 years have passed since the Minister made the decision mentioned in paragraph (a).
(3) An applicant meets the requirements of this subclause if the applicant is the holder of a Subclass 820 visa granted on the basis that the applicant met the requirements of subclause 820.221(2).
(4) An applicant meets the requirements of this subclause if the applicant is the holder of a Subclass 820 visa granted on the basis that the applicant met the requirements of subclause 820.221(3).
(5) An applicant meets the requirements of this subclause if the applicant:
(a) is the holder of a Subclass 820 visa; and
(b) would meet the requirements of subclause (2) or (2A) except that the sponsoring partner has died; and
(c) satisfies the Minister that the applicant would have continued to be the spouse or de facto partner of the sponsoring partner if the sponsoring partner had not died.
(6) An applicant meets the requirements of this subclause if:
(a) the applicant is the holder of a Subclass 820 visa; and
(b) the applicant would meet the requirements of subclause (2) or (2A) except that the relationship between the applicant and the sponsoring partner has ceased; and
(c) either or both of the following circumstances applies:
(i) either or both of the following:
(A) the applicant;
(B) a dependent child of the sponsoring partner or of the applicant or of both of them;
has experienced family violence committed by the sponsoring partner;
(ii) the applicant:
(A) has custody or joint custody of, or access to; or
(B) has a residence order or contact order made under the Family Law Act 1975 relating to;
at least 1 child in respect of whom the sponsoring partner:
(C) has been granted joint custody or access by a court; or
(D) has a residence order or contact order made under the Family Law Act 1975; or
(E) has an obligation under a child maintenance order made under the Family Law Act 1975, or any other formal maintenance obligation.
Note: For special provisions relating to family violence, see Division 1.5.
(6AA) An applicant meets the requirements of this subclause if the applicant is the holder of a Subclass 820 visa granted on the basis that the applicant continued to meet the requirements of subclause 820.211(7) or (8).
(6AB) An applicant meets the requirements of this subclause if the applicant is the holder of a Subclass 820 visa granted on the basis that the applicant continued to meet the requirements of subclause 820.211(9).
(6A) Paragraphs (2)(d) and (2A)(c) do not apply to an applicant who at the time of making the application was in a long‑term partner relationship with the sponsoring partner.
(7) Nothing in paragraphs (2)(d) and (2A)(c) prevents the Minister, less than 2 years after the application is made:
(a) refusing to grant a Subclass 801 visa; or
(d) approving the grant of a Subclass 801 visa to an applicant who meets the requirements of subclause (5) or (6).
(8) The applicant meets the requirements of this subclause:
(a) if the applicant held a Subclass 820 (Partner) visa that ceased on notification of a decision of the Minister to refuse a Subclass 801 visa; and
(b) if the ART:
(i) has remitted that decision for reconsideration and, as a result, the Minister decides that the applicant satisfies the criteria for the grant of a Subclass 801 visa apart from the criterion that the applicant hold a Subclass 820 visa; or
(ii) has determined that the applicant satisfies the criteria for the grant of a Subclass 801 visa apart from the criterion that the applicant hold a Subclass 820 visa.
801.223
(1) The applicant:
(a) subject to subclause (2)—satisfies public interest criteria 4001, 4002, 4003, 4004, 4007 and 4009; and
(b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.
(2) Paragraph (1)(a) does not apply to an applicant who holds a Subclass 820 visa granted on the basis that the applicant satisfied the requirements of subclause 820.211(3), (4) or (5).
801.224
(1) Each member of the family unit of the applicant who is an applicant for a Subclass 801 visa is a person who:
(a) subject to subclause (3)—satisfies public interest criteria 4001, 4002, 4003, 4004, 4007 and 4009; and
(b) if the person had turned 18 at the time of application—satisfies public interest criterion 4019; and
(c) satisfies public interest criterion 4020.
(2) Each member of the family unit of the applicant who is not an applicant for a Subclass 801 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.
(3) Paragraph (1)(a) does not apply to an applicant who meets the requirements of clause 801.321 as the holder of a Subclass 820 visa granted on the basis that the applicant:
(a) was the dependent child of a person who met the requirements of subclause 820.211(3), (4) or (5); and
(b) entered Australia as the holder, as a dependent child, of a visa of the same class as the visa held by that person.
801.225
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.
801.226
The applicant satisfies public interest criteria 4020 and 4021.
801.3—Secondary criteria
Note: A dependent child, or member of the family unit, of an applicant who satisfies the primary criteria is also eligible for the grant of the visa if the child or member of the family unit satisfies the secondary criteria and his or her application is made before the Minister has decided to grant or refuse to grant the visa to the applicant meeting the primary criteria.
801.31—Criteria to be satisfied at time of application
801.311
(1) The applicant meets the requirements of subclause (2) or (3).