Commonwealth Numbered Regulations Commonwealth Numbered Regulations
[1] Schedule 2, clause 200.111, before definition of Subclass 200 visa
insert
relevant Minister means any of the following:
(a) the Attorney‑General;
(b) the Minister for Defence;
(c) the Minister for Foreign Affairs;
(d) the Minister for Home Affairs;
(e) the Minister for Immigration and Citizenship.
[2] Schedule 2, after paragraph 200.211 (1) (a)
insert
(aa) meets the requirements of subclause (1A); or
[3] Schedule 2, after subclause 200.211 (1)
insert
(1A) The applicant meets the requirements of this subclause if:
(a) the Minister has specified, in an instrument in writing, one or more classes of persons for this paragraph; and
(b) a relevant Minister has certified that the applicant is:
(i) in one of those classes; and
(ii) at risk of harm for a reason, or reasons, that relate to the applicant being in that class of persons.
(1B) Before making the instrument mentioned in paragraph (1A) (a), the Minister must consult:
(a) the Prime Minister; and
(b) the Minister for Finance and Deregulation; and
(c) any other relevant Minister that has an interest in the specification of that class of persons or that is affected by the specification.
[4] Schedule 2, paragraph 200.311 (a)
substitute
(a) is a member of the family unit of, and made a combined application with, a person who meets, or has met, the requirements of paragraphs 200.211 (1) (a) or (aa); or
[5] Schedule 2, paragraph 200.321 (a)
substitute
(a) continues to be a member of the family unit of a person who, having satisfied the primary criteria (and, in particular, having met the requirements of either paragraph 200.211 (1) (a) or (aa)), is the holder of a Subclass 200 visa; or
[6] Schedule 2, clause 201.111, before definition of Subclass 201 visa
insert
relevant Minister means any of the following:
(a) the Attorney‑General;
(b) the Minister for Defence;
(c) the Minister for Foreign Affairs;
(d) the Minister for Home Affairs;
(e) the Minister for Immigration and Citizenship.
[7] Schedule 2, after paragraph 201.211 (1) (a)
insert
(aa) meets the requirements of subclause (1A); or
[8] Schedule 2, after subclause 201.211 (1)
insert
(1A) The applicant meets the requirements of this subclause if:
(a) the Minister has specified, in an instrument in writing, one or more classes of persons for this paragraph; and
(b) a relevant Minister has certified that the applicant is:
(i) in one of those classes; and
(ii) at risk of harm for a reason, or reasons, that relate to the applicant being in that class of persons.
(1B) Before making the instrument mentioned in paragraph (1A) (a), the Minister must consult:
(a) the Prime Minister; and
(b) the Minister for Finance and Deregulation; and
(c) any other relevant Minister that has an interest in the specification of that class of persons or that is affected by the specification.
[9] Schedule 2, paragraph 201.311 (a)
substitute
(a) is a member of the family unit of, and made a combined application with, a person who meets, or has met, the requirements of paragraphs 201.211 (1) (a) or (aa); or
[10] Schedule 2, paragraph 201.321 (a)
substitute
(a) continues to be a member of the family unit of a person who, having satisfied the primary criteria (and, in particular, having met the requirements of either paragraph 201.211 (a) or (aa)), is the holder of a Subclass 201 visa; or