Commonwealth Numbered Regulations

1996 No. 211 MIGRATION REGULATIONS (AMENDMENT) - REG 35

(NOTE: The note following the heading to Division 216.1 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.)".

"(NOTE: The note following the heading to Division 216.2 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.)".)

35.1 Clauses 216.211 and 216.212: Omit the clauses, substitute:

"216.211 (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)    is an Ahmadi; and

        (ii)   is a citizen of Pakistan; and

        (iii)  is usually resident in Pakistan; and

   (b)  the Minister is satisfied that the applicant has suffered and
        continues to suffer substantial discrimination because of his or her
        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 216 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.".

35.2 After clause 216.221, insert:

"216.221A If the applicant is an applicant who meets the requirements of
subclause 216.211 (3), the applicant continues to meet those requirements.".
(NOTE: The note following the heading to Division 216.3 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.)".)

35.3 Clauses 216.311 and 216.312: Omit the clauses, substitute:

"216.311 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
        216.211 (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 216.211 (3).

"216.312 The written undertaking made under clause 216.213, in respect of the
person referred to in paragraph 216.311 (a) or (b), as the case requires,
includes the applicant.".

35.4 Clause 216.321: Omit the clause, substitute:

"216.321 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 216.211 (2)), is the holder of a Subclass
        216 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 216.211 (3)), is the holder of a
        Subclass 216 visa.".