Commonwealth Numbered Regulations

1996 No. 211 MIGRATION REGULATIONS (AMENDMENT) - REG 25

(NOTE: The note following the heading to Division 204.1 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.)".
25.1 Insert in Division 204.1:

"204.111 For the purposes of this Part:
'Subclass 204 visa' means:

   (a)  a Subclass 204 (Woman at Risk) visa; or

   (b)  a Class 204 (woman at risk) visa within the meaning of the Migration
        (1993) Regulations; or

   (c)  a woman at risk visa (code number 204) 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 204.2 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.)".)

25.2 Clauses 204.211, 204.212, 204.221 and 204.222: Omit the clauses,
substitute:

"204.211 (1) The applicant:

   (a)  is a female person who is:

        (i)    subject to persecution or registered as being of concern to the
               United Nations High Commissioner for Refugees; and

        (ii)   living in a country other than her home country; or

   (b)  is a person who 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 204 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.

"204.221 The applicant continues to satisfy the criterion specified in clause
204.211.

"204.222 (1) The applicant:

   (a)  if the applicant meets the criterion specified in paragraph 204.211
        (1) (a) - meets the requirements of subclause (2) and (3); or

   (b)  if the applicant meets the criterion specified in paragraph 204.211
        (1) (b) - meets the requirements of subclause (3).

"(2) The applicant meets the requirements of this subclause if the Minister is
satisfied that the applicant does not have the protection of a male relative
and is in danger of victimisation, harassment or serious abuse because of her
sex.

"(3) The applicant meets the requirements of this subclause if the Minister is
satisfied that permanent settlement in Australia:

   (a)  is the appropriate course for the applicant; and

   (b)  would not be contrary to the interests of Australia.".

25.3 Paragraph 204.224 (a): Omit "her", substitute "the applicant's". (NOTE:
The note following the heading to Division 204.3 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.)".)

25.4 Clause 204.311: Omit the clause, substitute:

"204.311 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
        204.211 (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 204.211(1) (b).".

25.5 Clause 204.321: Omit the clause, substitute:

"204.321 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 204.211 (1) (a)), is the holder of a
        Subclass 204 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 204.211 (1) (b)), is the holder of a
        Subclass 204 visa.".