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MIGRATION REGULATIONS 1994 - REG 2.08AAA

Addition of certain applicants to certain applications for temporary protection visas and safe haven enterprise visas

             (1)  If:

                     (a)  a person (the original applicant ) applies for a visa of either of the following classes:

                              (i)  a Temporary Protection (Class XD) visa;

                             (ii)  a Safe Haven Enterprise (Class XE) visa; and

                     (b)  the original applicant is a fast track applicant; and

                     (c)  after the application is made, but before it is decided, the Minister receives, in writing and in accordance with Division 2.3, a request from the original applicant to have a member of the same family unit as the original applicant (the additional applicant ) added to the application; and

                     (d)  the request includes a statement that the original applicant claims that the additional applicant is a member of the same family unit as the original applicant; and

                     (e)  the additional applicant is, or if added to the application would be, a fast track applicant; and

                      (f)  the additional applicant charge (if any) has been paid in relation to the additional applicant; and

                     (g)  at the time when:

                              (i)  the Minister has received the request; and

                             (ii)  the additional applicant charge (if any) has been paid;

                            the additional applicant satisfies the provisions of Schedule 1 that relate to the whereabouts of an applicant at the time of application and apply to a visa of the same class;

then:

                     (h)  the additional applicant is taken to have applied for a visa of the same class; and

                      (i)  the application of the additional applicant:

                              (i)  is taken to have been made on the later of the day the Minister receives the request and the day the additional applicant charge (if any) is paid; and

                             (ii)  is taken to be combined with the application of the original applicant; and

                            (iii)  is taken to have been made at the same place as, and on the same form as, the application of the original applicant.

             (2)  Despite any provision in Schedule 2, the additional applicant:

                     (a)  must be, at the time the application is taken to be made under subparagraph (1)(i)(i), a person who satisfies the applicable primary criteria to be satisfied at the time of application; and

                     (b)  must satisfy the applicable primary criteria to be satisfied at the time of decision.



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