Commonwealth Numbered Regulations

1996 No. 211 MIGRATION REGULATIONS (AMENDMENT) - REG 28

28.1 After clause 209.111, insert:

"209.112 For the purposes of this Part, 'Subclass 209 visa' means:

   (a)  a Subclass 209 (Citizens of former Yugoslavia (displaced persons))
        visa; or

   (b)  a Class 209 (citizens of former Socialist Federal Republic of
        Yugoslavia - displaced persons (special assistance)) visa within the
        meaning of the Migration (1993) Regulations; or

   (c)  a Croatians, Slovenians and Yugoslavs - displaced persons (special
        assistance) visa (code number 209) 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 clause 209.111 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.)".)

28.2 Clauses 209.211 and 209.212: Omit the clauses, substitute:

"209.211 (1) The applicant meets the requirements of subclause (2) or (3).

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

   (a)  the applicant is:

        (i)    a person who:

                (A)  was, on 19 June 1991, a citizen of the Socialist Federal
                     Republic of Yugoslavia; and

                (B)  is usually resident in a place that, on 19 June 1991,
                     formed part of the Socialist Federal Republic of
                     Yugoslavia; or

        (ii)   a person who:

                (A)  was born on or after 20 June 1991; and

                (B)  is a dependent child of a person mentioned in
                     subparagraph (i); and

   (b)  the applicant is registered as a displaced person by the United
        Nations High Commissioner for Refugees, the International Committee of
        the Red Cross or an organisation that is accepted by the Minister:

        (i)    as an affiliate of that Committee; or

        (ii)   as having similar objectives and functions as the Committee or
               a body referred to in subparagraph (i) in relation to conflict
               in the former Socialist Federal Republic of Yugoslavia; and

   (c)  the Minister is satisfied that:

        (i)    the applicant has a well-founded fear of substantial
               discrimination because of the applicant's ancestry or ethnic or
               religious affiliation; and

        (ii)   the applicant is unable to resume living in the applicant's
               former home.

"(3) An 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 209 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.".

28.3 Clause 209.213: Omit "The applicant has a parent,", substitute "The
applicant has a spouse, parent,".

28.4 Clauses 209.214, 209.215 and 209.221: Omit the clauses, substitute:

"209.221 If the applicant is an applicant who meets the requirements of
paragraph 209.211 (2) (c), the applicant continues to meet those requirements.

"209.221A If the applicant is an applicant who meets the requirements of
subclause 209.211 (3), the applicant continues to meet those requirements.".
(NOTE: The note following the heading to Division 209.3 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.)".)

28.5 Clauses 209.311 and 209.312: Omit the clauses, substitute:

"209.311 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 subclause
        209.211 (2); 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
        subclause 209.211 (3).

"209.312 The written undertaking made under subclause 209.213, in respect of
the person referred to in paragraph 209.311(a) or (b), as the case requires,
includes the applicant.".

28.6 Clause 209.321: Omit the clause, substitute:

"209.321 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 subclause 209.211 (2)), is the holder of a Subclass
        209 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 subclause 209.211 (3)), is the holder of a
        Subclass 209 visa.".