Commonwealth Numbered Regulations

1996 No. 211 MIGRATION REGULATIONS (AMENDMENT) - REG 22

(NOTE: The note following the heading to Division 201.1 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.)".)
22.1 Insert in Division 201.1:

"201.111 For the purposes of this Part:
'Subclass 201 visa' means:

   (a)  a Subclass 201 (In-country Special Humanitarian) visa; or

   (b)  a Class 201 (in-country special humanitarian) visa within the meaning
        of the Migration (1993) Regulations; or

   (c)  an in-country special humanitarian program visa (code number 201)
        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 the heading to Division 201.2 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.)".)

22.2 Clauses 201.211 and 201.212: Omit the clauses, substitute:

"201.211 (1) The applicant:

   (a)  is subject to persecution in the applicant's home country and is
        living in the applicant's home country; or

   (b)  meets the requirements of subclause (2).

"(2) The 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 201 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.".

22.3 Clause 201.221: Omit "criteria in clauses 201.211 and 201.212.",
substitute "criterion specified in clause 201.211.". (NOTE: The note following
the heading to Division 201.3 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.)".)

22.4 Clause 201.311: Omit the clause, substitute:

"201.311 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 paragraph
        201.211 (1) (a); 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
        paragraph 201.211 (1) (b).".

22.5 Clause 201.321: Omit the clause, substitute:

"201.321 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 paragraph 201.211 (1) (a)), is the holder of a
        Subclass 201 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 paragraph 201.211 (1) (b)), is the holder of a
        Subclass 201 visa.".