Commonwealth Numbered Regulations

1996 No. 211 MIGRATION REGULATIONS (AMENDMENT) - REG 29

29.1 After clause 210.111, insert:

"210.112 For the purposes of this Part, 'Subclass 210 visa' means:

   (a)  a Subclass 210 (Minorities of Former USSR) visa; or

   (b)  a Class 210 (minorities of former USSR (special assistance)) visa
        within the meaning of the Migration (1993) Regulations; or

   (c)  a minorities of former USSR (special assistance) visa (code number
        210) 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 210.111 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.)". (NOTE: The note following the heading to Division 210.2
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.)".)

29.2 Clauses 210.211, 210.212, 210.213 and 210.214: Omit the clauses,
substitute:

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

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

   (a)  the applicant:

        (i)    was a citizen of the former Union of Soviet Socialist
               Republics; and

        (ii)   is usually resident in the former Union of Soviet Socialist
               Republics; and

   (b)  the applicant has a parent, daughter, son, brother, sister, aunt,
        uncle, nephew or niece who:

        (i)    was an Australian citizen, an Australian permanent resident or
               an eligible New Zealand citizen on 1 January 1992; and

        (ii)   continues to be an Australian citizen, an Australian permanent
               resident or an eligible New Zealand citizen; and

        (iii)  is usually resident in Australia; and

   (c)  the Minister is satisfied that the applicant has suffered substantial
        discrimination or severe distress because of his or her ancestry or
        religious affiliation.

"(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 210 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.".

29.3 Clause 210.221: Omit the clause, substitute:

"210.221 If the applicant is an applicant who meets the requirements of
subclause 210.211 (2) (c) or 210.211 (3), the applicant continues to meet
those requirements.". (NOTE: The note following the heading to Division 210.3
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.)".)

29.4 Clause 210.224: Omit the clause, substitute:

"210.224 The applicant satisfies public interest criteria 4001, 4002, 4003,
4004, 4007, 4009 and 4010.".

29.5 Clauses 210.311 and 210.312: Omit the clauses, substitute:

"210.311 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
        210.211 (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 210.211 (3).

"210.312 The written undertaking made under clause 210.215, in respect of the
person referred to in paragraph 210.311(a) or (b), as the case requires,
includes the applicant.".

29.6 Clause 210.321: Omit the clause, substitute:

"210.321 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 210.211 (2)), is the holder of a Subclass
        210 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 201.211 (3)), is the holder of a
        Subclass 210 visa.".