(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009, 4010 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 838 visa satisfies:
(a) public interest criteria 4001, 4002, 4003 and 4004; and
(b) 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.
838.225
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.
838.226
If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.
838.227
The sponsorship mentioned in clause 838.213 has been approved by the Minister and is still in force.
838.3—Secondary criteria
Note: If any member of a family unit satisfies the primary criteria, the other members of the family unit are eligible for the grant of the visa if they satisfy the secondary criteria and their applications are made before the Minister has decided to grant or refuse to grant the visa to the first person.
838.31—Criteria to be satisfied at time of application
838.311
The applicant is a member of the family unit of a person who:
(a) has applied for an Other Family (Residence) (Class BU) visa; and
(b) on the basis of the information provided in his or her application, appears to satisfy the criteria in Subdivision 838.21;
and the Minister has not decided to grant or refuse to grant the visa to that other person.
838.312
The sponsorship mentioned in clause 838.213 of the person who satisfies the primary criteria includes sponsorship of the applicant.
838.32—Criteria to be satisfied at time of decision
838.321
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 838 visa.
838.322
The applicant:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009, 4010, 4020 and 4021; and
(b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.
(a) the applicant is included in the assurance of support given in relation to the person who satisfies the primary criteria, and that assurance has been accepted by the Secretary of Social Services; or
(b) an assurance of support in relation to the applicant has been accepted by the Secretary of Social Services.
838.324
If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.
838.325
The sponsorship mentioned in clause 838.312 has been approved by the Minister and is still in force.
838.4—Circumstances applicable to grant
838.411
The applicant must be in Australia, but not in immigration clearance, when the visa is granted.
Note: The second instalment of the visa application charge must be paid before the visa can be granted.
838.5—When visa is in effect
838.511
Permanent visa permitting the holder to travel to and enter Australia for a period of 5 years from the date of grant.
838.6—Conditions: Nil.
Subclass 851—Resolution of Status
851.1—Interpretation
Note: There are no interpretation provisions specific to this Part.
851.2—Primary criteria
Note: The primary criteria have to be satisfied by all applicants for Subclass 851 visas.
851.21—[No criteria to be satisfied at time of application]
851.22—Criteria to be satisfied at time of decision
851.221A
(1) For an applicant who was taken to have made an application because the criteria in item 5 of the table in subregulation 2.07AQ(3) were satisfied, the criteria set out in clauses 851.221B and 851.221C are satisfied.
(2) For any other applicant, the criteria set out in clauses 851.221 to 851.229 are satisfied.
851.221B
The offer of a permanent stay made by the Australian Government to the applicant has not been withdrawn by the Australian Government.
851.221C
The applicant satisfies public interest criterion 4002.
851.221
(1) Unless subclause (2) of this clause applies to the applicant, 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.
(2) This subclause applies to an applicant if the Minister is satisfied that it would be unreasonable to require the applicant to undergo the medical examination mentioned in subclause (1).
851.222
(1) The applicant:
(a) has undergone a chest x‑ray examination conducted by a medical practitioner who is qualified as a radiologist in Australia; or
(aa) is a person to whom subclause (2) applies; or
(b) is under 11 years of age and is not a person in respect of whom a relevant medical practitioner has requested such an examination; or
(c) is a person:
(i) who is confirmed by a relevant medical practitioner 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.
(2) This subclause applies to a person if the Minister is satisfied that it would be unreasonable to require the person to undergo the chest x‑ray examination mentioned in paragraph (1)(a).
851.223
A relevant medical practitioner:
(a) has considered:
(i) the results of any tests carried out for the purposes of the medical examination required under clause 851.221; and
(ii) the radiological report (if any) required under clause 851.222 in respect of the applicant; and
(b) if he or she is not a Medical Officer of the Commonwealth and 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, has referred any relevant results and reports to a Medical Officer of the Commonwealth.
851.224
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.
851.225
The applicant:
(a) satisfies public interest criteria 4001, 4002 and 4003A; and
(b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.
851.226
If the applicant was taken to have made an application because the criteria in item 4 of the table in subregulation 2.07AQ(3) were satisfied, the applicant and the other person mentioned in that item are members of the family unit.
851.227
If the criteria in item 3 of the table in paragraph 1127AA(3)(c) of Schedule 1 were satisfied, the applicant and the other person mentioned in that item are members of the same family unit.
851.228
(1) This clause applies in relation to the following applications:
(a) an application made on the basis of meeting the requirements of item 4, 4A or 5 of the table in subitem 1127AA(3) of Schedule 1;
(b) an application that is taken to be a valid application for a Resolution of Status (Class CD) visa under regulation 2.08G.
(2) If, in considering the application, the Minister invited the applicant under section 56 of the Act to give information for the purposes of establishing or confirming the applicant’s identity, the applicant has given that information, or has caused that information to be given, in accordance with the invitation.
(3) Subclause (2) does not apply if:
(a) the Minister is satisfied that:
(i) the applicant has a reasonable explanation for refusing or failing to give the information in accordance with the invitation; and
(ii) the applicant has taken reasonable steps to give the information, or to cause the information to be given, in accordance with the invitation; or
(b) the application is an application mentioned in paragraph (1)(b) and the invitation under section 56 of the Act was given before regulation 2.08G started to apply in relation to the application.
(4) There is no evidence before the Minister that the applicant has given, or caused to be given, to the Minister for the purposes of the application:
(a) a bogus document in relation to the applicant’s identity; or
(b) information that, at the time it was given, was false or misleading in a material particular in relation to the applicant’s identity.
Note: For the definition of bogus document, see subsection 5(1) of the Act.
(5) Subclause (4) applies whether or not the Minister becomes aware of a document or information of a kind referred to in that subclause because of information given by the applicant.
(6) Subclause (4) does not apply if the Minister is satisfied that the applicant has a reasonable explanation for giving a document or information of a kind referred to in that subclause.
851.229
(1) This clause applies if:
(a) the applicant satisfies the criterion in subclause 851.228(2) or is not required to satisfy that criterion because of paragraph 851.228(3)(a); and
(b) the Minister is satisfied that there are substantial identity‑related concerns in relation to a relevant matter.
(2) A relevant matter is any of the following:
(a) if a protection finding (within the meaning of section 197C of the Act) was previously made for the applicant—that finding;
(b) if the applicant was previously granted a Subclass 785 (Temporary Protection) visa or a Subclass 790 (Safe Haven Enterprise) visa on the basis that the applicant satisfied the criterion mentioned in paragraph 36(2)(b) or 36(2)(c) of the Act—that grant;
(c) if the applicant is taken to have made a valid application for a Resolution of Status (Class CD) visa under regulation 2.08G and the applicant is an applicant described in column 1 of item 3A of the table in subregulation 2.08G(1)—the record made by the Minister in relation to the applicant, as mentioned in column 2 of that item;
(d) if the applicant is taken to have made a valid application for a Resolution of Status (Class CD) visa under regulation 2.08G and the applicant is an applicant described in column 1 of item 5 of the table in subregulation 2.08G(1)—the record made by the Minister in relation to the applicant, as mentioned in column 2 of that item.
(3) One of the following applies in relation to the applicant:
(a) if the applicant had made a valid application for a protection visa at the same time as the applicant made the application for the Subclass 851 (Resolution of Status) visa, the applicant would have satisfied the criteria for the grant of the protection visa;
(b) there is a compelling or compassionate reason to grant the visa to the applicant;
(c) the applicant is a member of the same family unit as a person who holds a Subclass 851 (Resolution of Status) visa.
851.3—Secondary criteria
Note: There are no secondary criteria for the grant of a Subclass 851 visa.
851.4—Circumstances applicable to grant
851.411
The applicant must be in Australia.
851.5—When visa is in effect
851.511
Permanent visa permitting the holder to travel to and enter Australia for a period of 5 years from the date of grant.
851.6—Conditions: Nil.
Subclass 852—Referred Stay (Permanent)
852.1—Interpretation
Note 1: Regulation 1.03 provides that member of the immediate family has the meaning set out in regulation 1.12AA.
Note 2: There are no interpretation provisions specific to this Part.
852.2—Primary criteria
Note: The primary criteria must be satisfied by at least one member of an immediate family. The other members of the immediate family who are applicants for a visa of this subclass need satisfy only the secondary criteria.
852.21—Criteria to be satisfied at time of application
852.211
The applicant is taken to have made a valid application for a Referred Stay (Permanent) (Class DH) visa under subregulation 2.07AK(2) in accordance with subregulation 2.07AK(3).
852.22—Criteria to be satisfied at time of decision
852.222
The applicant:
(a) satisfies public interest criteria 4001, 4002, 4003 and 4007; and
(b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.
852.223
The requirements of paragraphs 2.07AK(3)(d), (e) and (f) continue to be met in relation to the applicant.
852.224
Each member of the immediate family of the applicant who is an applicant for a Subclass 852 (Referred Stay (Permanent)) visa is a person who:
(a) satisfies public interest criteria 4001, 4002, 4003 and 4007; and
(b) if the person had turned 18 at the time of application—satisfies public interest criterion 4019.
852.3—Secondary criteria
Note: These criteria must be satisfied by applicants who are members of the immediate family of a person who satisfies the primary criteria.
852.31—Criteria to be satisfied at time of application
852.311
The applicant is a member of the immediate family of a person who is taken, under subregulation 2.07AK(2), to have made a valid application for a Referred Stay (Permanent) (Class DH) visa in accordance with subregulation 2.07AK(3).
Note: See regulation 2.07AK for how an application for a Referred Stay (Permanent) (Class DH) visa is taken to have been validly made.
852.312
The Minister has not decided to grant or refuse to grant a Subclass 852 (Referred Stay (Permanent)) visa to the person mentioned in clause 852.311.
852.32—Criteria to be satisfied at time of decision
852.321
The applicant:
(a) satisfies public interest criteria 4001, 4002, 4003 and 4007; and
(b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.
852.322
The applicant continues to be a member of the immediate family of the person mentioned in clause 852.311.
852.323
The person mentioned in clause 852.311 has been granted a Subclass 852 (Referred Stay (Permanent)) visa.
852.324
If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.
852.4—Circumstances applicable to grant
852.411
The applicant may be in or outside Australia when the visa is granted.
852.5—When visa is in effect
852.511
Permanent visa permitting the holder to travel to and enter Australia for a period of 5 years from the date of grant.
852.6—Conditions
852.611
If the applicant is outside Australia when the visa is granted, first entry must be made before a date specified for this clause by the Minister.
Subclass 858—National Innovation
858.1—Interpretation
Note: There are no interpretation provisions specific to this Part.
858.2—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.
858.21—Criteria to be satisfied at time of application
858.211
The applicant was invited, in writing, by the Minister to apply for the visa.
858.212
(1) The applicant meets the requirements of:
(a) both subclauses (2) and (3); or
(b) subclause (4).
(2) The applicant:
(a) has an internationally recognised record of exceptional and outstanding achievement in one of the following areas:
(i) a profession;
(ii) a sport;
(iii) the arts;
(iv) academia and research; and
(b) is still prominent in the area; and
(c) would be an asset to the Australian community; and
(d) would have no difficulty in obtaining employment, or in becoming established independently, in Australia in the area; and
(e) produces a completed approved form 1000; and
Note: An approved form 1000 requires the applicant’s record of achievement in an area (as mentioned in paragraph (a)) to be attested to by:
(a) an Australian citizen; or
(b) an Australian permanent resident; or
(c) an eligible New Zealand citizen; or
(d) an Australian organisation;
who has a national reputation in relation to the area.
(f) if the applicant has not turned 18, or is at least 55 years old, at the time of application—would be of exceptional benefit to the Australian community.
(3) The area in which the applicant has an internationally recognised record of exceptional and outstanding achievement and the applicant’s achievements in that area is the area and those achievements stated in the invitation to apply for the visa.
(4) The applicant meets the requirements of this subclause if, in the opinion of the Minister, acting on the advice of:
(a) the Minister responsible for an intelligence or security agency within the meaning of the Australian Security Intelligence Organisation Act 1979; or
(b) the Director‑General of Security;
the applicant has provided specialised assistance to the Australian Government in matters of security.
858.213
(1) If, at the time of application:
(a) the applicant is the holder of a Subclass 491 (Skilled Work Regional (Provisional)) visa or a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa; or