Commonwealth Numbered Regulations Commonwealth Numbered RegulationsPart 1 Amendments of Schedule 1
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1118A. Special Eligibility (Class CB)
(1) Form: 47SV.
(2) Visa application charge:
(a) First instalment (payable at the time application is made):
(i) In the case of an applicant who is in Australia : $1 935
(ii) In the case of an applicant who is outside Australia : $1 305
(b) Second instalment (payable before grant of visa):
(i) In the case of each applicant who was 18 years or more at time of application and is assessed as not having functional English: $2 690
(ii) In any other case: Nil.
(3) Other:
(a) Application must be made by:
(i) posting the application (with the correct pre-paid postage) to the post office box address specified by the Minister in a Gazette Notice for this subparagraph; or
(ii) having the application delivered by a courier service to the address specified by the Minister in a Gazette Notice for this subparagraph.
(b) Application by a person claiming to be a member of the family unit of a person who is an applicant for a Special Eligibility (Class CB) visa may be made at the same time and place as, and combined with, the application by that person.
(4) Subclasses:
151 (Former Resident)
Part 2 Amendments of Schedule 2
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Subclass 151 Former Resident
Note This Subclass applies in relation to an application for a visa made on or after 1 November 2005 .
Subclass 151 visas that relate to the former Special Eligibility (Migrant) ( Class AR ) visa will not be available to applicants who apply on or after 1 November 2005 .
151.1 Interpretation
In this Part:
Australian defence service means:
(a) service in the Military Forces of the Commonwealth under a notice served under section 26 of the National Service Act 1951 as in force at any time before 26 November 1964; or
(b) service before 19 January 1981:
(i) in the Permanent Forces; or
(ii) by a member of the armed forces of a foreign country on secondment to, or duty with, the Permanent Forces if the member was a permanent resident of Australia during the period of service.
defence service applicant means an applicant who satisfies the Minister that he or she:
(a) has completed at least 3 months continuous Australian defence service; or
(b) was discharged before completing 3 months of Australian defence service because the applicant was medically unfit for service, or further service, and became medically unfit because of the applicant’s Australian defence service.
long residence applicant means an applicant who satisfies the Minister that he or she:
(a) spent the greater part of his or her life before the age of 18 in the migration zone as an Australian permanent resident; and
(b) did not at any time acquire Australian citizenship; and
(c) has maintained business, cultural or personal ties with Australia; and
(d) has not turned 45 at the time of application.
the Permanent Forces has the same meaning as it has in the Defence Act 1903 .
151.2 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.
151.21 Criteria to be satisfied at time of application
151.211 If the applicant is in Australia, either:
(a) the applicant is the holder of a substantive visa, other than a Subclass 771 (Transit) visa; or
(b) the applicant:
(i) is not the holder of a substantive visa, and immediately before ceasing to hold a substantive visa, was not the holder of a Subclass 771 (Transit) visa; and
(ii) satisfies Schedule 3 criterion 3002.
151.212 The applicant is a long residence applicant or a defence service applicant.
151.22 Criteria to be satisfied at time of decision
151.221 The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4009 and 4010.
151.222 If the applicant is a long residence applicant who is outside Australia, the applicant also satisfies public interest criterion 4005.
151.223 If the applicant is:
(a) a long residence applicant who is in Australia ; or
(b) a defence service applicant;
the applicant also satisfies public interest criterion 4007.
151.224 If the applicant is under 18, the applicant also satisfies public interest criteria 4017 and 4018.
151.225 If the applicant is a long residence applicant who is outside Australia:
(a) each member of the family unit of the applicant, who is not an applicant for a Special Eligibility (Class CB) visa, is a person who satisfies public interest criteria 4001, 4002, 4003, 4004 and 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to criterion 4005; and
(b) each member of the family unit of the applicant, who is an applicant for a Special Eligibility (Class CB) visa, is a person who satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010.
151.226 If the applicant is a long residence applicant who is in Australia:
(a) each member of the family unit of the applicant, who is not an applicant for a Special Eligibility (Class CB) visa, is a person who satisfies public interest criteria 4001, 4002, 4003, 4004 and 4007, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to criterion 4007; and
(b) each member of the family unit of the applicant, who is an applicant for a Special Eligibility (Class CB) visa, is a person who satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009 and 4010.
151.227 If the applicant is a defence service applicant:
(a) each member of the family unit of the applicant, who is not an applicant for a Special Eligibility (Class CB) visa, is a person who satisfies public interest criteria 4001, 4002, 4003, 4004 and 4007 unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to criterion 4007; or
(b) each member of the family unit of the applicant, who is an applicant for a Special Eligibility (Class CB) visa, is a person who satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009 and 4010.
151.228 If a person (an additional applicant ):
(a) is a member of the family unit of the applicant; and
(b) is also an applicant for a Special Eligibility (Class CB) visa; and
(c) has not turned 18;
public interest criteria 4015 and 4016 are satisfied in relation to the additional applicant.
151.229 If the applicant:
(a) is in Australia ; and
(b) has previously been in Australia ;
the applicant satisfies special return criteria 5001 and 5002.
151.229A If the applicant:
(a) is outside Australia ; and
(b) has previously been in Australia ;
the applicant satisfies special return criteria 5001, 5002 and 5010.
151.229B If the Minister has requested an assurance of support in relation to the applicant, the Minister is satisfied that the assurance has been accepted by the Secretary of the Department of Family and Community Services.
151.229C The Minister is satisfied that:
(a) the applicant is the holder of a valid passport that:
(i) was issued to the applicant by an official source; and
(ii) is in the form issued by the official source; or
(b) it would be unreasonable to require the applicant to be the holder of a passport.
151.3 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.
151.31 Criteria to be satisfied at time of application
151.311 The applicant is a member of the family unit of a person who:
(a) has applied for a Special Eligibility (Class CB) visa; and
(b) on the basis of the information provided in that application, appears to satisfy the criteria in Subdivision 151.21;
and the Minister has not decided to grant or refuse to grant a visa to the person.
151.32 Criteria to be satisfied at time of decision
151.321 The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria in this Part, is the holder of a Subclass 151 visa.
151.322 The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4009 and 4010.
151.323 If the applicant is a member of the family unit of a person who:
(a) was a long residence applicant who, having satisfied the primary criteria in this Part, is the holder of a Subclass 151 visa; and
(b) was outside Australia at the time of the person’s application;
the applicant also satisfies public interest criterion 4005.
151.324 If the applicant is a member of the family unit of a person who:
(a) was a long residence applicant in Australia who, having satisfied the primary criteria in this Part, is the holder of a Subclass 151 visa; or
(b) was a defence service applicant who, having satisfied the primary criteria in this Part, is the holder of a Subclass 151 visa;
the applicant also satisfies public interest criterion 4007.
151.325 If the applicant has not turned 18, the applicant also satisfies public interest criteria 4017 and 4018.
151.326 If the applicant:
(a) is in Australia ; and
(b) has previously been in Australia ;
the applicant satisfies special return criteria 5001 and 5002.
151.327 If the applicant:
(a) is outside Australia ; and
(b) has previously been in Australia ;
the applicant satisfies special return criterion 5001, 5002 and 5010.
151.328 If the Minister has requested an assurance of support in relation to the person who satisfied the primary criteria, the Minister is satisfied that:
(a) the applicant is included in the assurance of support given in relation to that person, and that assurance has been accepted by the Secretary of the Department of Family and Community Services; or
(b) an assurance of support in relation to the applicant has been accepted by the Secretary of the Department of Family and Community Services.
151.329 The Minister is satisfied that:
(a) the applicant is the holder of a valid passport that:
(i) was issued to the applicant by an official source; and
(ii) is in the form issued by the official source; or
(b) it would be unreasonable to require the applicant to be the holder of a passport.
151.4 Circumstances applicable to grant
151.411 If the applicant is outside Australia at the time of application, the applicant must be outside Australia at the time of grant.
151.412 If the applicant is in Australia at the time of application, the applicant must be in Australia at the time of grant.
Note The second instalment of the visa application charge must be paid before the visa can be granted.
151.5 When visa is in effect
151.511 Permanent visa permitting the holder to travel to and enter Australia for a period of 5 years from the date of grant.
151.6 Conditions
151.611 For an applicant who was outside Australia at the time of application:
(a) first entry must be made before a date specified by the Minister for the purpose; and
(b) condition 8502 may be imposed.
Note No conditions have been prescribed for other applicants.
151.7 Way of giving evidence
151.711 No evidence need be given.
151.712 If evidence is given, to be given by way of visa label affixed to a valid passport.
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