Commonwealth Numbered Regulations

1996 No. 211 MIGRATION REGULATIONS (AMENDMENT) - REG 23

(NOTE: The note following the heading to Division 202.1 should be omitted and
the following note substituted:

"(NOTE: 'eligible New Zealand citizen', 'member of the family unit', 'member
of the immediate family' and 'permanent humanitarian visa' are defined in
regulation 1.03.)".

23.1 Insert in Division 202.1:

"202.111 For the purposes of this Part:
'Subclass 202 visa' means:

   (a)  a Subclass 202 (Global Special Humanitarian) visa; or

   (b)  a Class 202 (global special humanitarian program) visa within the
        meaning of the Migration (1993) Regulations; or

   (c)  a global special humanitarian visa (code number 202) 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);
'Subclass 866 visa' means:

   (a)  a Subclass 866 (Protection (Residence)) visa; or

   (b)  a Class 817 (protection (permanent)) entry permit within the meaning
        of the Migration (1993) Regulations; or

   (c)  a transitional (permanent) visa granted on the basis of an application
        for a visa of a kind referred to in paragraph (b).". (NOTE: The note
        following the heading to Division 202.2 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.)".)

23.2 Clauses 202.211 and 202.212: Omit the clauses, substitute:

"202.211 (1) The applicant:

   (a)  is subject to substantial discrimination, amounting to gross violation
        of human rights, 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'); and

   (b)  either:

        (i)    the proposer is, or has been, the holder of a Subclass 202
               visa, and the applicant was a member of the immediate family of
               the proposer on the date of grant of that visa; or

        (ii)   the proposer is, or has been, the holder of a Subclass 866
               (Protection (Residence)) visa, and the applicant was a member
               of the immediate family of the proposer on the date of
               application for that visa; 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.".

23.3 Clause 202.221: Omit "criteria in clauses 202.211 and 202.212.",
substitute "criterion specified in clause 202.211.". (NOTE: The note following
the heading to Division 202.3 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.)".)

23.4 Clause 202.311: Omit the clause, substitute:

" 202.311 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
        202.211 (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 202.211 (1) (b).".

23.5 Clause 202.321: Omit the clause, substitute:

"202.321 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 202.211 (1) (a)), is the holder of a
        Subclass 202 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 202.211 (1) (b)), is the holder of a
        Subclass 202 visa.".