Commonwealth Numbered Regulations

1996 No. 211 MIGRATION REGULATIONS (AMENDMENT) - REG 36

(NOTE: The note following the heading to Division 217.1 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 217.2
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.)".)

36.1 Clause 217.211: Omit the clause, substitute:

"217.211 (1) The applicant meets the requirements of subclause (2) or (5).

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

   (a)  is a citizen of Vietnam; and

   (b)  meets the requirements of subclause (3) or (4).

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

   (a)  has been continually resident in Germany since 1 January 1990; and

   (b)  has no legal entitlement to remain permanently in Germany; and

   (c)  faces repatriation to Vietnam.

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

   (a)  at any time on or after 14 June 1989, has resided in a camp
        administered under the Comprehensive Plan of Action adopted by the
        International Conference on Indo-Chinese Refugees held at Geneva on 13
        and 14 June 1989; and

   (b)  has returned to Vietnam before 1 January 1996; and

   (c)  is resident in Vietnam at the time of application.

"(5) 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 217 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.".

36.2 Clause 217.212: Omit "(being a parent,", substitute "(being a spouse,
parent,".

36.3 After clause 217.221, insert:

"217.221A If the applicant is an applicant who meets the requirements of
subclauses 217.211 (5), the applicant continues to satisfy those
requirements.". (NOTE: The note following the heading to Division 217.3 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.)".)

36.4 Clauses 217.311 and 217.312: Omit the clauses, substitute:

"217.311 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
        217.211 (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 217.211 (5).

"217.312 The written undertaking made under clause 217.212, in respect of the
person referred to in paragraph 217.311 (a) or (b), as the case requires,
includes the applicant.".

36.5 Clause 217.321: Omit the clause, substitute:

"217.321 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 217.211 (2)), is the holder of a Subclass
        217 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 217.211 (5)), is the holder of a
        Subclass 217 visa.".