Commonwealth Numbered Regulations

MIGRATION AMENDMENT REGULATIONS 1999 (No. 2) 1999 No. 58 - SCHEDULE

Schedule 1 Amendments
(regulation 3) (1) After regulation 2.07AB
insert
2.07AC  Application for Temporary Safe Haven       (Class UJ) visa


(1) For subsection 46 (2) of the Act, the Temporary Safe Haven (Class UJ) visa
class is a prescribed class of visa.

(2) An application for a Temporary Safe Haven (Class UJ) visa is taken to have
been validly made by a person (the interviewee) outside Australia if:

   (a)  the interviewee indicates to an authorised officer that he or she
        accepts the Australian GovernmentÕs offer of a temporary stay in
        Australia; and

   (b)  the authorised officer endorses, in writing, the intervieweeÕs
        acceptance of the offer.

(3) An application for a Temporary Safe Haven (Class UJ) visa is also taken to
have been validly made by a person outside Australia if an interviewee
identifies the person as being a member of his or her family unit.

(4) An application for a Temporary Safe Haven (Class UJ) visa is taken to have
been validly made by a person in Australia (the entrant) if:

   (a)  the entrant entered Australia as the holder of a Temporary Safe Haven
        (Class UJ) visa; and

   (b)  an authorised officer endorses again, in writing, the acceptance made
        by the entrant under subregulation (2).

(5) An application for a Temporary Safe Haven (Class UJ) visa is also taken to
have been validly made by a person in Australia if an entrant identifies the
person as being a member of his or her family unit.

(2) Schedule 1, Part 2, after item 1223A
insert 1223B. Temporary Safe Haven (Class UJ)

(1) Form: Nil.

(2) Visa application charge: Nil.

(3) Subclasses:
448 (Kosovar Safe Haven (Temporary))
Note   See regulation 2.07AC for how an application for a Temporary 
Safe Haven (Class UJ) visa is taken to have been validly made.

(3) Schedule 2, after Part 446
nsert Subclass 448 Kosovar Safe Haven (Temporary) 448.1 Interpretation
Note   No interpretation provisions specific to this Part. 
448.2 Primary criteria
Note   The primary criteria must be satisfied by at least 1 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. 448.21 (No
criteria to be satisfied at time of application) 448.22 Criteria to be
satisfied at time of decision 448.221 (1) If the application is made outside
Australia, the applicant meets the requirements of subclause (2) or (3).

(2) The applicant meets the requirements of this subclause if the applicant:

   (a)  was resident in Kosovo in the Federal Republic of Yugoslavia on 25
        March 1999; and

   (b)  has been displaced from Kosovo since 25 March 1999.

(3) The applicant meets the requirements of this subclause if the applicant:

   (a)  is a member of the immediate family of a holder of a Subclass 448 visa
        (the visa holder); and

   (b)  was a member of the visa holderÕs immediate family when the visa
        holder was first granted a Subclass 448 visa. 448.222 If the
        application is made in Australia, the applicant is the holder of a
        Subclass 448 visa. 448.223 Grant of the visa would not result in
        either:

   (a)  the number of Subclass 448 visas granted in a financial year exceeding
        the maximum number of Subclass 448 visas, as determined by Gazette
        Notice, that may be granted in that financial year; or

   (b)  the number of visas of particular classes, including Subclass 448,
        granted in a financial year exceeding the maximum number of visas of
        those classes, as determined by Gazette Notice, that may be granted in
        that financial year. 448.224 The applicant satisfies public interest
        criteria 4002 and 4003. 448.225 If the applicant is outside Australia,
        the applicant has undergone a medical examination carried out by a
        medical practitioner approved by the Minister. 448.3 Secondary
        criteria
Note   These criteria must be satisfied by applicants who are members 
of the family unit of a person who satisfies the primary criteria. 448.31 (No
criteria to be satisfied at time of application) 448.32 Criteria to be
satisfied at time of decision 448.321 The applicant:

   (a)  is a member of the family unit of a person who, having satisfied the
        requirements of subclause 448.221 (2), is the holder of a Subclass 448
        visa; or

   (b)  is a member of the immediate family of a person who, having satisfied
        the requirements of subclause 448.221 (3), is the holder of a Subclass
        448 visa. 448.322 The applicant satisfies public interest criteria
        4002 and 4003. 448.323 If the applicant is outside Australia, the
        applicant has undergone a medical examination carried out by a medical
        practitioner approved by the Minister. 448.4 Circumstances applicable
        to grant 448.411 The applicant may be in, or outside, Australia at
        time of grant. 448.5 When visa is in effect 448.511 Temporary visa
        permitting the holder to travel to, enter and remain in Australia
        until a date specified by the Minister. 448.6 Conditions 448.611 If
        the applicant is outside Australia at time of grant, conditions 8101,
        8506 and 8529. 448.612 If the applicant is in Australia at time of
        grant, conditions 8101 and 8506. 448.613 Condition 8303 may be
        imposed. 448.7 Way of giving evidence 448.711 Visa label affixed to a
        valid passport. (4) Schedule 8, after item 8528
insert 8529 The holder must, after entering Australia:

   (a)  undergo a medical examination carried out by:

        (i)    a Commonwealth Medical Officer; or

        (ii)   a medical practitioner approved by the Minister; or

        (iii)  a medical practitioner employed by an organisation approved by
               the Minister; and

   (b)  undergo a chest x-ray examination conducted by a medical practitioner
        who is qualified as a radiologist in Australia, unless the holder:

        (i)    is under 16 years of age and is not a person in respect of whom
               a Commonwealth Medical Officer has requested such an
               examination; or

        (ii)   is a person:

                (A)  who is confirmed by a Commonwealth Medical Officer 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)  whom the Minister is satisfied should not be required to
                     undergo a chest x-ray examination at this time.