Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) For the purposes of paragraph 415(2)(c) of the Act, an application for a protection visa is prescribed.
(2) For the purposes of paragraph 415(2)(c) of the Act, it is a permissible direction that the applicant must be taken to have satisfied the criteria for the visa that are specified in the direction.
(3) For paragraph 415(2)(c) of the Act:
(a) it is a permissible direction that the applicant is a refugee within the meaning of subsection 5H(1) of the Act; and
(aa) it is a permissible direction that subsection 36(3) of the Act does not apply to the applicant; and
(b) it is not a permissible direction that:
(i) subsection 5H(1) of the Act applies to the applicant; or
(ii) subsection 5H(1) does not apply to the applicant because of subsection 5H(2); or
(iii) the applicant satisfies, or does not satisfy, the criterion in subsection 36(1C) of the Act.
(4) For paragraph 415(2)(c) of the Act:
(a) it is a permissible direction that the applicant satisfies each matter, specified in the direction, that relates to establishing whether the applicant is a person to whom Australia has protection obligations because there are substantial grounds for believing that, as a necessary and foreseeable consequence of the applicant being removed from Australia to a receiving country, there is a real risk that the applicant will suffer significant harm; and
(b) it is not a permissible direction that the applicant satisfies a matter that relates to establishing whether there are serious reasons for considering that:
(i) the applicant has committed a crime against peace, a war crime or a crime against humanity, as defined by an international instrument mentioned in regulation 2.03B; or
(ii) the applicant committed a serious non - political crime before entering Australia; or
(iii) the applicant has been guilty of acts contrary to the purposes and principles of the United Nations; and
(c) it is not a permissible direction that the applicant satisfies a matter that relates to establishing whether there are reasonable grounds that:
(i) the applicant is a danger to Australia's security; or
(ii) the applicant, having been convicted by a final judgment of a particularly serious crime, including a crime that consists of the commission of a serious Australian offence or serious foreign offence, is a danger to the Australian community.
(5) For paragraph 415(2)(c) of the Act, it is a
permissible direction that the grant of the visa is not prevented by section
91W, 91WA or 91WB of the Act.