Commonwealth Numbered Regulations

1996 No. 211 MIGRATION REGULATIONS (AMENDMENT) - REG 21

(NOTE: The note following the heading to Division 200.1 should be omitted and
the following note substituted:

"(NOTE: 'member of the family unit', 'member of the immediate family' and
'permanent humanitarian visa' are defined in regulation 1.03.)".) 21.1 Insert
in Division 200.1:

"200.111 For the purposes of this Part:
'Subclass 200 visa' means:

   (a)  a Subclass 200 (Refugee) visa; or

   (b)  a Class 200 (refugee) visa within the meaning of the Migration (1993)
        Regulations; or

   (c)  a refugee visa (code number 200) within the meaning of the Migration
        (1989) Regulations; or

   (d)  a transitional (permanent) visa granted on the basis of an application
        for a visa of a kind referred to in paragraph (b) or (c).". (NOTE: The
        note following the heading to Division 200.2 should be omitted and the
        following note substituted:

"(NOTE: The primary criteria must be satisfied by all applicants except
certain applicants who are members of the family unit, or members of the
immediate family, of certain applicants who satisfy the primary criteria.
Those other applicants need satisfy only the secondary criteria.)".)

21.2 Clauses 200.211 and 200.212: Omit the clauses, substitute:

"200.211 (1) The applicant:

   (a)  is subject to persecution in the applicant's home country and is
        living in a country other than the applicant's home country; or

   (b)  meets the requirements of subclause (2).

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

   (a)  the applicant's entry to Australia has been proposed in accordance
        with approved form 681 by an Australian permanent resident (in this
        subclause called 'the proposer') who is, or has been, the holder of a
        Subclass 200 visa; and

   (b)  on the date of grant of that visa, the applicant was a member of the
        immediate family of the proposer; and

   (c)  the applicant continues to be a member of the immediate family of the
        proposer; and

   (d)  on or before the date of grant of that visa, that relationship was
        declared to Immigration.".

21.3 Clause 200.221: Omit "criteria in clauses 200.211 and 200.212.",
substitute "criterion specified in clause 200.211.". (NOTE: The note following
the heading to Division 200.3 should be omitted and the following note
substituted:

"(NOTE: These criteria must be satisfied by applicants who are members of the
family unit, or members of the immediate family, of certain persons who
satisfy the primary criteria.)".)

21.4 Clause 200.311: Omit the clause, substitute:

"200.311 The applicant:

   (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 paragraph
        200.211 (1) (a); or

   (b)  is a member of the immediate family of, and made a combined
        application with, a person who meets, or has met, the requirements of
        paragraph 200.211 (1) (b).".

21.5 Clause 200.321: Omit the clause, substitute:

"200.321 The applicant:

   (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 paragraph 200.211 (1) (a)), is the holder of a
        Subclass 200 visa; or

   (b)  continues to be a member of the immediate family of a person who,
        having satisfied the primary criteria (and, in particular, having met
        the requirements of paragraph 200.211 (1) (b)), is the holder of a
        Subclass 200 visa.".