Commonwealth Numbered Regulations

1996 No. 211 MIGRATION REGULATIONS (AMENDMENT) - REG 34

(NOTE: The following note should be inserted after clause 215.111:

"(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 215.2
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.)".)

  34.1   Clauses 215.211, 215.212, 215.213 and 215.214:
Omit the clauses, substitute:

"215.211 (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 a citizen of Sri Lanka; and

        (ii)   is usually resident in Sri Lanka; and

        (iii)  is in Sri Lanka at the time of application; and

   (b)  the applicant's life has been seriously disrupted by fighting in Sri
        Lanka within the period of 18 months ending on the date of
        application; and

   (c)  the applicant has suffered, and continues to suffer, substantial
        discrimination because of his or her ethnic origins or political
        beliefs; and

   (d)  the Minister is satisfied that, at the time of application, the
        applicant is unable to live a normal life in Sri Lanka.

"(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 215 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.".

34.2 Clause 215.215: Omit "(being a parent,", substitute "(being a spouse,
parent,".

34.3 After clause 215.221, insert:

"215.221A If the applicant is an applicant who meets the requirements of
subclause 215.211 (3), the applicant continues to meet those requirements.".
(NOTE: The note following the heading to Division 215.3 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.)".)

34.4 Clauses 215.311 and 215.312: Omit the clauses, substitute:

"215.311 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
        215.211 (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 215.211 (3).

"215.312 The written undertaking made under clause 215.215, in respect of the
person referred to in paragraph 215.311 (a) or (b), as the case requires,
includes the applicant.".

34.5 Clause 215.321: Omit the clause, substitute:

"215.321 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 215.211 (2)), is the holder of a Subclass
        215 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 215.211 (3)), is the holder of a
        Subclass 215 visa.".