Commonwealth Numbered Regulations

1996 No. 211 MIGRATION REGULATIONS (AMENDMENT) - REG 31

31.1 After clause 212.111, insert:

"212.112 For the purposes of this Part, 'Subclass 212 visa' means:

   (a)  a Subclass 212 (Sudanese) visa; or

   (b)  a Class 212 (Sudanese (special assistance)) visa within the meaning of
        the Migration (1993) Regulations; or

   (c)  a Sudanese (special assistance) visa (code number 212) 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 212.111 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 212.2
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.)".)

31.2 Clauses 212.211 and 212.212: Omit the clauses, substitute:

"212.211 (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 a citizen of the Republic of Sudan; and

   (b)  the Minister is satisfied that the applicant has suffered substantial
        discrimination or severe distress because of his or her ethnic 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 212 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.".

31.3 Clauses 212.213: Omit "The applicant has a parent,", substitute "The
applicant has a spouse, parent,".

31.4 After clause 212.221, insert:

"212.221AIf the applicant is an applicant who meets the requirements of
subclause 212.211 (3), the applicant continues to meet those requirements.".
(NOTE: The note following the heading to Division 212.3 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.)".)

31.5 Clauses 212.311 and 212.312: Omit the clauses, substitute:

"212.311 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
        212.211 (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 212.211 (3).

"212.312 The written undertaking referred to in clause 212.213, in respect of
the person referred to in paragraph 212.311 (a) or (b), as the case requires,
includes the applicant.".

31.6 Clause 212.321: Omit the clause, substitute:

"212.321 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 212.211 (2)), is the holder of a Subclass
        212 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 212.211 (3)), is the holder of a
        Subclass 212 visa.".