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(b) the secondary visa is granted on the basis that the holder satisfied the secondary criteria for the grant of the visa as a member of the family unit of a person (the primary applicant) who satisfied the primary criteria for the grant of a Subclass 485 (Temporary Graduate) visa (the primary visa) (other than the criteria in clause 485.232 or 485.233 of Schedule 2); and

(c) on the date of grant of the primary visa, the primary applicant holds a British National (Overseas) passport.

(3) Despite Division 485.5 of Schedule 2, a visa to which this clause applies is a temporary visa permitting the holder to:

(a) travel to, and enter, Australia on multiple occasions; and

(b) remain in Australia;

during the period that:

(c) starts when the visa comes into effect; and

(d) ends at the end of the period of 5 years starting when the visa comes into effect.

Division 2—Amendments made by Schedule 2

10106  Subclass 457 visa holders

(1) The requirement in subparagraph 1137(4L)(e)(iii) of Schedule 1 does not apply in relation to a Subclass 457 (Temporary Work (Skilled)) visa granted on or after 9 July 2020.

(2) For the purposes of determining whether subitem 1137(4M) or 1139(3A) of Schedule 1 applies to a Subclass 457 (Temporary Work (Skilled)) visa, disregard paragraph 1137(4M)(c) or 1139(3A)(c) of that Schedule (whichever is applicable) if:

(a) the visa was granted on or after 9 July 2020; and

(b) clause 9001 or 10101 of this Schedule applies to the visa.

Part 102—Amendments made by the Migration Amendment (Humanitarian Response to Events in Afghanistan) Regulations 2021

10201  Operation of Schedule 1

The amendments of these Regulations made by Schedule 1 to the Migration Amendment (Humanitarian Response to Events in Afghanistan) Regulations 2021 apply in relation to an application for a visa made after the commencement of that Schedule.

10202  Applications for Refugee and Humanitarian (Class XB) visas made before commencement

(1) This clause applies to an application for a Refugee and Humanitarian (Class XB) visa made before the commencement of Schedule 1 to the Migration Amendment (Humanitarian Response to Events in Afghanistan) Regulations 2021 if:

(a) the applicant enters Australia before a decision is made to grant or refuse to grant the visa; and

(b) at any time after the entry to Australia, the applicant holds a Subclass 449 (Humanitarian Stay (Temporary)) visa.

(2) Clause 201.221 of Schedule 2 does not apply in relation to the application.

(3) Despite clauses 200.411, 201.411, 202.411, 203.411 and 204.411 of Schedule 2, the applicant may be in or outside Australia, but not in immigration clearance, when the Refugee and Humanitarian (Class XB) visa is granted.