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Migration Regulations 1994

Authoritative Version
  • - F2012C00736
  • In force - Superseded Version
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SR 1994 No. 268 Regulations as amended, taking into account amendments up to Migration Amendment Regulation 2012 (No. 6)
Principal Regulations
Administered by: Immigration and Citizenship
Registered 12 Oct 2012
Start Date 12 Oct 2012
End Date 20 Nov 2012
Table of contents.

Migration Regulations 1994

Statutory Rules 1994 No. 268 as amended

made under the

This compilation was prepared on 12 October 2012
taking into account amendments up to SLI 2012 No.
237

The text of any of those amendments not in force
on that date is appended in the Notes section

[Note: Regulation 2.12A ceases to be in force at the end of
14 August 2013 — see subsection 91D (4) of the Act]

This document has been split into seven volumes
Volume 1 contains Parts 1–3 (Rr. 1.01–3.31),
Volume 2 contains Parts 4 and 5 (Rr. 4.01–5.44) and Schedule 1,
Volume 3 contains Schedule 2 (Subclasses 010–415),

Volume 4 contains Schedule 2 (Subclasses 416–801),
Volume 5 contains Schedule 2 (Subclasses 802–995),
Volume 6 contains Schedules 3–13, and
Volume 7 contains the Notes and Tables A and B
Each volume has its own Table of Contents

Prepared by the Office of Parliamentary Counsel, Canberra


Contents

Schedule 2                  Provisions with respect to the grant of Subclasses of visas          4

Subclass 416              Special Program                                                             4

Subclass 417              Working Holiday                                                            10

Subclass 419              Visiting Academic                                                         14

Subclass 420              Entertainment                                                                20

Subclass 421              Sport                                                                            26

Subclass 422              Medical Practitioner                                                       32

Subclass 423              Media and Film Staff                                                     39

Subclass 426              Domestic Worker (Temporary) — Diplomatic or Consular 45

Subclass 427              Domestic Worker (Temporary) — Executive                    48

Subclass 428              Religious Worker                                                           53

Subclass 442              Occupational Trainee                                                     59

Subclass 444              Special Category                                                           67

Subclass 445              Dependent Child                                                           68

Subclass 448              Kosovar Safe Haven (Temporary)                                   73

Subclass 449              Humanitarian Stay (Temporary)                                       76

Subclass 450              Resolution of Status — Family Member (Temporary)       79

Subclass 456              Business (Short Stay)                                                    82

Subclass 457              Business (Long Stay)                                                    87

Subclass 459              Sponsored Business Visitor (Short Stay)                      103

Subclass 461              New Zealand Citizen Family Relationship (Temporary)    109

Subclass 462              Work and Holiday                                                        112

Subclass 470              Professional Development                                           116

Subclass 475              Skilled — Regional Sponsored                                     119

Subclass 476              Skilled — Recognised Graduate                                   126

Subclass 485              Skilled — Graduate                                                      130

Subclass 487              Skilled — Regional Sponsored                                     135

Subclass 488              Superyacht Crew                                                         146

Subclass 489              Skilled — Regional (Provisional)                                   148

Subclass 570              Independent ELICOS Sector                                         157

Subclass 571              Schools Sector                                                           177

Subclass 572              Vocational Education and Training Sector                     195

Subclass 573              Higher Education Sector                                              214

Subclass 574              Postgraduate Research Sector                                     236

Subclass 575              Non‑Award Sector                                                       258

Subclass 576              AusAID or Defence Sector                                           279

Subclass 580              Student Guardian                                                         292

Subclass 651              eVisitor                                                                       311

Subclass 675              Medical Treatment (Short Stay)                                     312

Subclass 676              Tourist                                                                        320

Subclass 679              Sponsored Family Visitor                                             326

Subclass 685              Medical Treatment (Long Stay)                                     330

Subclass 771              Transit                                                                         338

Subclass 773              Border                                                                        340

Subclass 786              Temporary (Humanitarian Concern)                               349

Subclass 800              Territorial Asylum                                                         351

Subclass 801              Partner                                                                        354

 


Schedule 2        Provisions with respect to the grant of Subclasses of visas

Subclass 416             Special Program

416.1     Interpretation

Note   No interpretation provisions specific to this Part.

416.2     Primary criteria

Note   The primary criteria must be satisfied by at least one member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria.

416.21       Criteria to be satisfied at time of application

Note   If the applicant is outside Australia at time of application, there are no criteria to be satisfied at time of application.

416.211      If the applicant is in the migration zone at the time of application:

                   (a)     the applicant holds a substantive visa, other than a Subclass 771 (Transit) visa or a special purpose visa; or

                  (b)     if the applicant does not hold a substantive visa at the time of application:

                              (i)   the last substantive visa held by the applicant was not a Subclass 771 visa or a special purpose visa; and

                             (ii)   the applicant satisfies Schedule 3 criteria 3003, 3004 and 3005.

416.22       Criteria to be satisfied at time of decision

416.222      The Minister is satisfied that:

                   (a)     the applicant seeks to enter or remain in Australia to participate in an approved special program (other than a special program of seasonal work) conducted by the special program sponsor in relation to the applicant; or

                  (d)     the applicant seeks to enter Australia to participate in a special program of seasonal work conducted by the special program sponsor in relation to the applicant.

416.222A   The Minister is satisfied that:

                   (a)     a special program sponsor has agreed in writing to be the special program sponsor in relation to the applicant; and

                  (b)     the special program sponsor is not barred from sponsoring the applicant under paragraph 140M (1) (c) of the Act; and

                   (c)     either:

                              (i)   there is no adverse information known to Immigration about the special program sponsor mentioned in paragraph (a) or a person associated with that special program sponsor; or

                             (ii)   it is reasonable to disregard any adverse information known to Immigration about the special program sponsor mentioned in paragraph (a) or a person associated with that special program sponsor.

416.222B   The Minister is satisfied that the applicant genuinely intends to stay temporarily in Australia to carry out the activity mentioned in clause 416.222.

416.222C   The Minister is satisfied that the applicant has:

                   (a)     adequate means to support himself or herself; or

                  (b)     access to adequate means to support himself or herself;

                   taking into account the applicant’s work rights during the period of the applicant’s intended stay in Australia.

416.223      The applicant:

                   (a)     satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010, 4012, 4013 and 4014; and

                  (b)     if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019; and

                   (c)     if the applicant has not turned 18 — satisfies public interest criteria 4017 and 4018.

416.223A   The applicant has given to the Minister evidence of adequate arrangements in Australia for health insurance during the period of the applicant’s intended stay in Australia.

416.224      The Minister is satisfied that the applicant intends to comply with any conditions subject to which the visa is granted.

416.225      If the applicant was outside Australia at time of application and has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.

416.226      If the applicant was in the migration zone at time of application, the applicant has complied substantially with the conditions that apply or applied to the last of any substantive visas held by the applicant, and to any subsequent bridging visa.

416.228      (1)   For all applications, if the applicant is an AusAID student or an AusAID recipient, the applicant has the support of the AusAID Minister for the grant of the visa.

                   (2)   The Minister may waive the requirements of subclause (1) if the Minister is satisfied that, in the particular case, waiver is justified by:

                   (a)     compelling circumstances that affect the interests of Australia; or

                  (b)     compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.

416.229      The Minister is satisfied that:

                   (a)     the applicant is the holder of a valid passport that:

                              (i)   was issued to the applicant by an official source; and

                             (ii)   is in the form issued by the official source; or

                  (b)     it would be unreasonable to require the applicant to be the holder of a passport.

416.3     Secondary criteria

Note   The secondary criteria must be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria.

416.31       Criteria to be satisfied at time of application

416.311      Both of the following:

                   (a)     the applicant is a member of the family unit of a person who has applied for a Subclass 416 visa (the primary applicant);

                  (b)     the primary applicant is not seeking to satisfy the criterion in paragraph 416.222 (d).

416.311A   Subject to clause 416.311B, if paragraph 416.222 (a) applies to the member of the family unit who satisfies the primary criteria, the Minister is satisfied that the special program sponsor of the member of the family unit who satisfies the primary criteria has agreed in writing to be the special program sponsor in relation to the applicant.

416.311B   Clause 416.311A does not apply to an applicant who is a member of the family unit of the person who satisfies the primary criteria, and that person made his or her application before 14 September 2009.

416.312      If the applicant is outside Australia at time of application and the application is made separately from that of the person who seeks to satisfy or has satisfied the primary criteria, that person is, or is expected soon to be, in Australia.

416.32       Criteria to be met at time of decision

416.321      The applicant continues to be a member of the family unit of a person who:

                   (a)     having satisfied the primary criteria, is the holder of a Subclass 416 visa; but

                  (b)     was not granted the visa on the basis of satisfying the criterion in paragraph 416.222 (d).

416.322      The Minister is satisfied that the applicant has:

                   (a)     adequate means to support himself or herself; or

                  (b)     access to adequate means to support himself or herself;

                   taking into account the applicant’s work rights during the period of the applicant’s stay in Australia.

416.323      The applicant:

                   (a)     in all cases, satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4012, 4013 and 4014; and

                  (b)     in the case of an applicant who seeks to stay in Australia for 12 months or more, satisfies public interest criterion 4010; and

                   (c)     in the case of an applicant who had turned 18 at the time of application, satisfies public interest criterion 4019; and

                  (d)     in the case of an applicant who has not turned 18 — satisfies public interest criteria 4017 and 4018.

416.324      If the applicant was outside Australia at time of application and has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.

416.324A   If the applicant was in the migration zone at time of application, the applicant has complied substantially with the conditions that apply or applied to the last of any substantive visas held by the applicant, and to any subsequent bridging visa.

416.324B   The applicant has given to the Minister evidence of adequate arrangements in Australia for health insurance during the period of the applicant’s intended stay in Australia.

416.325      (1)   If the applicant is an AusAID student or an AusAID recipient, the applicant has the support of the AusAID Minister for the grant of the visa.

                   (2)   The Minister may waive the requirements of subclause (1) if the Minister is satisfied that, in the particular case, waiver is justified by:

                   (a)     compelling circumstances that affect the interests of Australia; or

                  (b)     compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.

416.326      If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

416.327      The Minister is satisfied that:

                   (a)     the applicant is the holder of a valid passport that:

                              (i)   was issued to the applicant by an official source; and

                             (ii)   is in the form issued by the official source; or

                  (b)     it would be unreasonable to require the applicant to be the holder of a passport.

416.4     Circumstances applicable to grant

416.411      If the applicant satisfies the criterion in paragraph 416.222 (d), the applicant must be outside Australia at the time of grant.

416.412      In any other case:

                   (a)     if the applicant was in the migration zone at time of application, the applicant must be in the migration zone, but not in immigration clearance, at the time of grant; and

                  (b)     if the applicant was outside Australia at time of application, the applicant must be outside Australia at time of grant.

416.5     When visa is in effect

416.511      Temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister.

416.6     Conditions

416.611      (1)   If the applicant satisfies the primary criteria, condition 8107 must be imposed.

                   (2)   If the applicant satisfies the criterion in paragraph 416.222 (d), conditions 8501 and 8503 must also be imposed.

416.611B   If the applicant satisfies the primary or secondary criteria, condition 8501 must be imposed.

416.612      Any 1 or more of conditions 8106, 8301, 8303, 8403, 8502, 8503, 8516, 8522, 8525 and 8526 may be imposed.

416.7     Way of giving evidence

416.711      No evidence need be given.

416.712      If evidence is given, to be given by a label affixed to a valid passport.

Subclass 417             Working Holiday

417.1     Interpretation

417.111      In this Part:

regional Australia means a place specified by the Minister in an instrument in writing for the definition of regional Australia in subitem 1225 (5) of Schedule 1.

specified work means work of a kind specified by the Minister in an instrument in writing for the definition of specified work in subitem 1225 (5) of Schedule 1.

working holiday eligible passport means a valid passport held by a person who is a member of a class of persons specified in an instrument in writing under subparagraph 1225 (3) (b) (i) or (ii) of Schedule 1.

working holiday visa means a visa or entry permit of any of the following classes or kinds:

                   (a)     a visa that:

                              (i)   was issued under the Migration (1989) Regulations; and

                             (ii)   contained an endorsement describing the visa as a working holiday visa (code T18) or a working holiday visa (code number 417);

                  (b)     a class 417 (working holiday) visa and entry
permit within the meaning of the Migration (1993) Regulations;

                   (c)     a Working Holiday (Temporary) (Class TZ) visa;

                  (d)     a visa that was granted:

                              (i)   before 19 December 1989; and

                             (ii)   in accordance with the law in force at the time; and

                            (iii)   for the same purpose as a visa or permit mentioned in paragraph (a), (b) or (c).

Note   Internet application is defined in regulation 1.03.

417.2     Primary criteria

Note   All applicants must satisfy the primary criteria.

417.21       Criteria to be satisfied at time of application

417.211      (1)    The applicant satisfies the criteria in subclauses (2), (4) and (5).

                   (2)   The applicant:

                  (b)     has turned 18 but has not turned 31; and

                   (c)     holds a working holiday eligible passport.

                   (4)   The Minister is satisfied that the applicant:

                   (a)     seeks to enter or remain in Australia as a genuine visitor whose principal purpose is to spend a holiday in Australia; and

                  (b)     has sufficient money for:

                              (i)   the fare to the applicant’s intended overseas destination on leaving Australia; and

                             (ii)   personal support for the purposes of a working holiday; and

                   (c)     has a reasonable prospect of obtaining employment in Australia; and

                  (d)     will not be accompanied by dependent children during his or her stay in Australia.

                   (5)   If the applicant is, or has previously been, in Australia as the holder of a working holiday visa, the Minister is satisfied that the applicant has carried out specified work in regional Australia for a total period of at least 3 months as the holder of that visa.

417.22       Criteria to be satisfied at time of decision

417.221      (1)   The applicant satisfies the criteria in subclauses (2) to (7).

                   (2)   The applicant:

                   (a)     continues to satisfy the criteria in paragraph 417.211
(2) (c) and subclauses 417.211 (4) and (5); and

                  (b)     satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010, 4013, 4014 and 4019.

                   (3)   If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.

                   (4)   The Minister is satisfied that the applicant intends to comply with any conditions subject to which the visa is granted.

                   (5)   Approval of the application would not result in either:

                   (a)     the number of Subclass 417 visas granted in a financial year exceeding the maximum number of Subclass 417 visas, as determined by an instrument in writing, that may be granted in that financial year; or

                  (b)     the number of visas of particular classes, including Subclass 417, granted in a financial year exceeding
the maximum number of visas of those classes, as determined by an instrument in writing, that may be granted in that financial year.

                   (6)   If the applicant is an AusAID student or an AusAID recipient, the applicant has the support of the AusAID Minister for the grant of the visa.

                   (7)   The Minister may waive the requirements of subclause (6) if the Minister is satisfied that, in the particular case, waiver is justified by:

                   (a)     compelling circumstances that affect the interests of Australia; or

                  (b)     compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.

417.222      If the applicant is, or has previously been, in Australia as the holder of a working holiday visa:

                   (a)     the applicant has complied substantially with the conditions that applied to any visa held by the applicant; and

                  (b)     the applicant has not previously held more than 1 working holiday visa in Australia.

417.3     Secondary criteria

Note   All applicants must satisfy the primary criteria.

417.4     Circumstances applicable to grant

417.411      If the applicant is not, and has not previously been, in Australia as the holder of a working holiday visa granted at any time, the applicant must be outside Australia at the time of grant.

417.412      If the applicant is, or has previously been, in Australia as the holder of a working holiday visa:

                   (a)     if the applicant is in Australia at the time of application, the applicant must be in Australia at the time of grant; or

                  (b)     if the applicant is outside Australia at the time of application, the applicant must be outside Australia at the time of grant.

417.5     When visa is in effect

417.511      (1)   If the applicant is outside Australia at the time of grant — temporary visa permitting the holder:

                   (a)     to travel to and enter Australia within 12 months after the date of grant of the visa; and

                  (b)     to travel to, enter and remain in Australia until 12 months after the date of first entry to Australia.

                   (2)   If:

                   (a)     the applicant is in Australia at the time of grant; and

                  (b)     the applicant holds a working holiday visa at the time of application;

                   temporary visa permitting the holder to travel to, enter and remain in Australia until 12 months after the date that the visa mentioned in paragraph (b) would have otherwise ceased to be in effect.

                   (3)   If:

                   (a)     the applicant is in Australia at the time of grant; and

                  (b)     the applicant does not hold a working holiday visa at the time of application;

                   temporary visa permitting the holder to travel to, enter and remain in Australia until 12 months after the date of grant of the visa.

417.6     Conditions

417.611      Conditions 8547 and 8548.

417.612      Any 1 or more of conditions 8106, 8107, 8301, 8303, 8403, 8501, 8502, 8503, 8516, 8522, 8525 and 8526 may be imposed.

417.7     Way of giving evidence

417.711      No evidence need be given.

417.712      If evidence is given, to be given by a label affixed to a valid passport.

Subclass 419             Visiting Academic

419.1     Interpretation

Note   No interpretation provisions specific to this Part.

419.2     Primary criteria

Note   The primary criteria must be satisfied by at least one member of a family unit. The other members of the family unit who are applicants for a visa of this subclass, need satisfy only the secondary criteria.

419.21       Criteria to be satisfied at time of application

Note   No criteria to be satisfied at time of application outside Australia.

419.211      If the applicant is in the migration zone at the time of application:

                   (a)     the applicant holds a substantive visa that is not:

                              (i)   a Subclass 426 (Domestic Worker (Temporary) — Diplomatic or Consular) visa; or

                             (ii)   a Subclass 771 (Transit) visa; or

                            (iii)   a Subclass 995 (Diplomatic (Temporary)) visa; or

                            (iv)   a special purpose visa; or

                  (b)     the applicant:

                              (i)   does not hold a substantive visa; and

                             (ii)   the last substantive visa held by the applicant was not a visa mentioned in paragraph (a); and

                            (iii)   the applicant satisfies Schedule 3 criteria 3002, 3003, 3004 and 3005.

419.22       Criteria to be satisfied at time of decision

419.222      The Minister is satisfied that:

                   (a)     the applicant is identified in a nomination of an occupation, a program or an activity approved under section 140GB of the Act; and

                  (b)     the nomination was made by a person who was a visiting academic sponsor at the time the nomination was approved; and

                   (c)     the approval of the nomination has not ceased under regulation 2.75A; and

                  (d)     the applicant:

                              (i)   seeks to enter or remain in Australia to observe or participate in an Australian research project at the sponsoring Australian tertiary or research institution; and

                             (ii)   will not be receiving a salary, scholarship or allowance (other than an allowance for living expenses in Australia and travel costs) from the visiting academic sponsor; and

                   (e)     either:

                              (i)   there is no adverse information known to Immigration about the person who made the approved nomination mentioned in paragraph (a) or a person associated with that person; or

                             (ii)   it is reasonable to disregard any adverse information known to Immigration about the person who made the approved nomination mentioned in paragraph (a) or a person associated with that person.

419.224A   The Minister is satisfied that the applicant genuinely intends to stay temporarily in Australia to carry out the activity for which the applicant was identified in the nomination.

419.224B   The Minister is satisfied that the applicant has:

                   (a)     adequate means to support himself or herself; or

                  (b)     access to adequate means to support himself or herself;

                   taking into account the applicant’s work rights during the period of the applicant’s intended stay in Australia.

419.225      The applicant:

                   (a)     satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010, 4013 and 4014; and

                  (b)     if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019; and

                   (c)     if the applicant has not turned 18 — satisfies public interest criteria 4012, 4017 and 4018.

419.225A   The applicant has given to the Minister evidence of adequate arrangements in Australia for health insurance during the period of the applicant’s intended stay in Australia.

419.226      The Minister is satisfied that the applicant intends to comply with any conditions subject to which the visa is granted.

419.227      If the application is made outside Australia and the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.

419.228      If the application is made in the migration zone, the applicant has complied substantially with the conditions that apply or applied to the last of any substantive visas held by the applicant, and to any subsequent bridging visa.

419.230      (1)   For all applications, if the applicant is an AusAID student or an AusAID recipient, the applicant has the support of the AusAID Minister for the grant of the visa.

                   (2)   The Minister may waive the requirements of subclause (1) if the Minister is satisfied that, in the particular case, waiver is justified by:

                   (a)     compelling circumstances that affect the interests of Australia; or

                  (b)     compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.

419.231      The Minister is satisfied that:

                   (a)     the applicant is the holder of a valid passport that:

                              (i)   was issued to the applicant by an official source; and

                             (ii)   is in the form issued by the official source; or

                  (b)     it would be unreasonable to require the applicant to be the holder of a passport.

419.3     Secondary criteria

Note   The secondary criteria must be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria.

419.31       Criteria to be satisfied at time of application

419.311      The applicant is a member of the family unit of a person who has applied for a Subclass 419 visa.

419.312      If the application is made outside Australia and the application is made separately from that of the person satisfying the primary criteria:

                   (a)     that person is, or is expected soon to be, in Australia; and

                  (b)     the applicant intends to stay temporarily in Australia as a member of the family unit of that person.

419.32       Criteria to be met at time of decision

419.321      The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 419 visa.

419.321A   Subject to clause 419.321B, the Minister is satisfied that the visiting academic sponsor who has most recently identified the member of the family unit who satisfies the primary criteria in a nomination has agreed in writing to be the visiting academic sponsor in relation to the applicant.

419.321B   Clause 419.321A does not apply to an applicant who is a member of the family unit of the person who satisfies the primary criteria, and that person made his or her application before 14 September 2009.

419.322      The Minister is satisfied that the applicant has:

                   (a)     adequate means to support himself or herself; or

                  (b)     access to adequate means to support himself or herself;

                   taking into account the applicant’s work rights during the period of the applicant’s stay in Australia.

419.322A   The applicant has given to the Minister evidence of adequate arrangements in Australia for health insurance during the period of the applicant’s intended stay in Australia.

419.323      The applicant:

                   (a)     in all cases, satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4013 and 4014; and

                  (b)     in the case of an applicant who seeks to stay in Australia for 12 months or more, satisfies public interest criterion 4010; and

                   (c)     in the case of an applicant who had turned 18 at the time of application, satisfies public interest criterion 4019.

419.324      If the application is made outside Australia and the applicant has previously been in Australia, he or she satisfies special return criteria 5001 and 5002.

419.324A   If the application is made in the migration zone, the applicant has complied substantially with the conditions that apply or applied to the last of any substantive visas held by the applicant, and to any subsequent bridging visa.

419.325      (1)   If the applicant is an AusAID student or an AusAID recipient, the applicant has the support of the AusAID Minister for the grant of the visa.

                   (2)   The Minister may waive the requirements of subclause (1) if the Minister is satisfied that, in the particular case, waiver is justified by:

                   (a)     compelling circumstances that affect the interests of Australia; or

                  (b)     compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.

419.326      If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

419.327      The Minister is satisfied that:

                   (a)     the applicant is the holder of a valid passport that:

                              (i)   was issued to the applicant by an official source; and

                             (ii)   is in the form issued by the official source; or

                  (b)     it would be unreasonable to require the applicant to be the holder of a passport.

419.4     Circumstances applicable to grant

419.411      If the application is made in the migration zone, the applicant must be in the migration zone at the time of grant.

419.412      If the application is made outside Australia, the applicant must be outside Australia at the time of grant.

419.5     When visa is in effect

419.511      Temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister for the purpose.

419.6     Conditions

419.611      If the applicant meets the primary criteria, conditions 8103 and 8107.

419.611A   If the applicant meets the primary or secondary criteria, condition 8501.

419.612      Any 1 or more of conditions 8106, 8301, 8303, 8502, 8503, 8516, 8522, 8525 and 8526 may be imposed.

419.7     Way of giving evidence

419.711      No evidence need be given.

419.712      If evidence is given, to be given by a label affixed to a valid passport.

Subclass 420             Entertainment

420.1     Interpretation

Note   Arts Minister is defined in regulation 1.03.

420.2     Primary criteria

Note   The primary criteria must be satisfied by at least one member of a family unit. The other members of the family unit who are applicants for a visa of this subclass, need satisfy only the secondary criteria.

420.21       Criteria to be satisfied at time of application

Note   No criteria to be satisfied at time of application outside Australia.

420.211      If the applicant is in the migration zone at the time of application:

                   (a)     the applicant holds a substantive visa that is not:

                              (i)   a Subclass 426 (Domestic Worker (Temporary) — Diplomatic or Consular) visa; or

                             (ii)   a Subclass 771 (Transit) visa; or

                            (iii)   a Subclass 995 (Diplomatic (Temporary)) visa; or

                            (iv)   a special purpose visa; or

                  (b)     the applicant:

                              (i)   does not hold a substantive visa; and

                             (ii)   the last substantive visa held by the applicant was not a visa mentioned in paragraph (a); and

                            (iii)   the applicant satisfies Schedule 3 criteria 3002, 3003, 3004 and 3005.

420.22       Criteria to be satisfied at time of decision

420.222      The Minister is satisfied that:

                   (a)     the applicant is identified in a nomination of an occupation, a program or an activity approved under section 140GB of the Act; and

                  (b)     the nomination was made by a person who was an entertainment sponsor at the time the nomination was approved; and

                   (c)     the approval of the nomination has not ceased under regulation 2.75A; and

                  (d)     the applicant seeks to enter or remain in Australia to work or participate in the nominated occupation, program or activity in relation to which the applicant is identified; and

                   (e)     either:

                              (i)   there is no adverse information known to Immigration about the person who made the approved nomination mentioned in paragraph (a) or a person associated with that person; or

                             (ii)   it is reasonable to disregard any adverse information known to Immigration about the person who made the approved nomination mentioned in paragraph (a) or a person associated with that person.

420.225A   The Minister is satisfied that the applicant genuinely intends to stay temporarily in Australia to carry out the activity for which the applicant was identified in the nomination.

420.225B   The Minister is satisfied that the applicant has:

                   (a)     adequate means to support himself or herself; or

                  (b)     access to adequate means to support himself or herself;

                   taking into account the applicant’s work rights during the period of the applicant’s intended stay in Australia.

420.226      The applicant:

                   (a)     satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010, 4013 and 4014; and

                  (b)     if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019; and

                   (c)     if the applicant has not turned 18 — satisfies public interest criteria 4012, 4017 and 4018.

420.226A   The applicant has given to the Minister evidence of adequate arrangements in Australia for health insurance during the period of the applicant’s intended stay in Australia.

420.227      The Minister is satisfied that the applicant intends to comply with any conditions subject to which the visa is granted.

420.228      If the applicant was outside Australia at the time of application and the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.

420.229      If the applicant is in the migration zone at time of application, the applicant has complied substantially with the conditions that apply or applied to the last of any substantive visas held by the applicant, and to any subsequent bridging visa.

420.231      (1)   For all applications, if the applicant is an AusAID student or an AusAID recipient, the applicant has the support of the AusAID Minister for the grant of the visa.

                   (2)   The Minister may waive the requirements of subclause (1) if the Minister is satisfied that, in the particular case, waiver is justified by:

                   (a)     compelling circumstances that affect the interests of Australia; or

                  (b)     compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.

420.232      The Minister is satisfied that:

                   (a)     the applicant is the holder of a valid passport that:

                              (i)   was issued to the applicant by an official source; and

                             (ii)   is in the form issued by the official source; or

                  (b)     it would be unreasonable to require the applicant to be the holder of a passport.

420.3     Secondary criteria

Note   The secondary criteria must be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria.

420.31       Criteria to be satisfied at time of application

420.311      The applicant is a member of the family unit of a person who has applied for a Subclass 420 visa.

420.312      If the applicant was outside Australia at the time of application and the application was made separately from that of the person satisfying the primary criteria:

                   (a)     that person is, or is expected soon to be, in Australia; and

                  (b)     the applicant intends to stay temporarily in Australia as a member of the family unit of that person.

420.32       Criteria to be met at time of decision

420.321      The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 420 visa.

420.322      The following criteria are satisfied:

                   (a)     if the member of the family unit who satisfies the primary criteria (the primary member) made his or her application on or after 14 September 2009 — the Minister is satisfied that the entertainment sponsor who most recently identified the primary member in a nomination has agreed in writing to be the entertainment sponsor in relation to the applicant;

                  (b)     if the primary member made his or her application before 14 September 2009 — the applicant is included in any sponsorship required in respect of the primary member.

420.323      The Minister is satisfied that the applicant has:

                   (a)     adequate means to support himself or herself; or

                  (b)     access to adequate means to support himself or herself;

                   taking into account the applicant’s work rights during the period of the applicant’s stay in Australia.

420.323A   The applicant has given to the Minister evidence of adequate arrangements in Australia for health insurance during the period of the applicant’s intended stay in Australia.

420.324      The applicant:

                   (a)     in all cases, satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4013 and 4014; and

                  (b)     in the case of an applicant who seeks to stay in Australia for 12 months or more, satisfies public interest criterion 4010; and

                   (c)     in the case of an applicant who had turned 18 at the time of application, satisfies public interest criterion 4019.

420.325      If the applicant was outside Australia at the time of application and the applicant has previously been in Australia, he or she satisfies special return criteria 5001 and 5002.

420.325A   If the applicant is in the migration zone, the applicant has complied substantially with the conditions that apply or applied to the last of any substantive visas held by the applicant, and to any subsequent bridging visa.

420.326      (1)   If the applicant is an AusAID student or an AusAID recipient, the applicant has the support of the AusAID Minister for the grant of the visa.

                   (2)   The Minister may waive the requirements of subclause (1) if the Minister is satisfied that, in the particular case, waiver is justified by:

                   (a)     compelling circumstances that affect the interests of Australia; or

                  (b)     compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.

420.327      If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

420.328      The Minister is satisfied that:

                   (a)     the applicant is the holder of a valid passport that:

                              (i)   was issued to the applicant by an official source; and

                             (ii)   is in the form issued by the official source; or

                  (b)     it would be unreasonable to require the applicant to be the holder of a passport.

420.4     Circumstances applicable to grant

420.411      If the applicant was in the migration zone at the time of application, the applicant must be in the migration zone at the time of grant.

420.412      If the applicant was outside Australia at the time of application, the applicant must be outside Australia at the time of grant.

420.5     When visa is in effect

420.511      Temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister for the purpose.

420.6     Conditions

420.611      If the applicant meets the primary criteria, conditions 8107 and 8109.

420.611A   If the applicant meets the primary or secondary criteria, condition 8501.

420.612      Any 1 or more of conditions 8106, 8301, 8303, 8502, 8503, 8516, 8522, 8525 and 8526 may be imposed.

420.7     Way of giving evidence

420.711      No evidence need be given.

420.712      If evidence is given, to be given by a label affixed to a valid passport.

Subclass 421             Sport

421.1     Interpretation

Note   eligible New Zealand citizen is defined in regulation 1.03. No interpretation provisions specific to this Part.

421.2     Primary criteria

421.21       Criteria to be satisfied at time of application

Note   If the application is made outside Australia, there are no criteria to be satisfied at time of application.

421.211      If the applicant is in the migration zone at the time of application:

                   (a)     the applicant holds a substantive visa that is not:

                              (i)   a Subclass 426 (Domestic Worker (Temporary) — Diplomatic or Consular) visa; or

                             (ii)   a Subclass 771 (Transit) visa; or

                            (iii)   a Subclass 995 (Diplomatic (Temporary)) visa; or

                            (iv)   a special purpose visa; or

                  (b)     the applicant:

                              (i)   does not hold a substantive visa; and

                             (ii)   the last substantive visa held by the applicant was not a visa mentioned in paragraph (a); and

                            (iii)   the applicant satisfies Schedule 3 criteria 3002, 3003, 3004 and 3005.

421.22       Criteria to be satisfied at time of decision

421.222      The Minister is satisfied that:

                   (a)     the applicant is identified in a nomination of an occupation, a program or an activity approved under section 140GB of the Act; and

                  (b)     the nomination was made by a person who was a sport sponsor or a party to a work agreement of a kind mentioned in subregulation 2.76 (3) at the time the nomination was approved; and

                   (c)     the approval of the nomination has not ceased under regulation 2.75A; and

                  (d)     the applicant seeks to enter or remain in Australia to work or participate in the nominated occupation, program or activity in relation to which the applicant is identified; and

                   (e)     if the nominated activity for which the applicant was identified in the nomination required a formal arrangement to be in place between the sport sponsor and the applicant — the agreement is still in place; and

                   (f)     either:

                              (i)   there is no adverse information known to Immigration about the person who made the approved nomination mentioned in paragraph (a) or a person associated with that person; or

                             (ii)   it is reasonable to disregard any adverse information known to Immigration about the person who made the approved nomination mentioned in paragraph (a) or a person associated with that person.

421.224B   The Minister is satisfied that the applicant genuinely intends to stay temporarily in Australia to carry out the activity for which the applicant was identified in the nomination.

421.224C   The Minister is satisfied that the applicant has:

                   (a)     adequate means to support himself or herself; or

                  (b)     access to adequate means to support himself or herself;

                   taking into account the applicant’s work rights during the period of the applicant’s intended stay in Australia.

421.225      The applicant:

                   (a)     satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010, 4013 and 4014; and

                  (b)     if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019; and

                   (c)     if the applicant has not turned 18 — satisfies public interest criteria 4012, 4017 and 4018.

421.225A   The applicant has given to the Minister evidence of adequate arrangements in Australia for health insurance during the period of the applicant’s intended stay in Australia.

421.226      The Minister is satisfied that the applicant intends to comply with any conditions subject to which the visa is granted.

421.227      If the application is made outside Australia and the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.

421.228      If the application is made in the migration zone, the applicant has complied substantially with the conditions that apply or applied to the last of any substantive visas held by the applicant, and to any subsequent bridging visa.

421.231      (1)   For all applications, if the applicant is an AusAID student or an AusAID recipient, the applicant has the support of the AusAID Minister for the grant of the visa.

                   (2)   The Minister may waive the requirements of subclause (1) if the Minister is satisfied that, in the particular case, waiver is justified by:

                   (a)     compelling circumstances that affect the interests of Australia; or

                  (b)     compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.

421.232      The Minister is satisfied that:

                   (a)     the applicant is the holder of a valid passport that:

                              (i)   was issued to the applicant by an official source; and

                             (ii)   is in the form issued by the official source; or

                  (b)     it would be unreasonable to require the applicant to be the holder of a passport.

421.3     Secondary criteria

Note   The secondary criteria must be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria.

421.31       Criteria to be satisfied at time of application

421.311      The applicant is a member of the family unit of a person who has applied for a Subclass 421 visa.

421.312      If the application is made outside Australia and the application is made separately from that of the person satisfying the primary criteria:

                   (a)     that person is, or is expected soon to be, in Australia; and

                  (b)     the applicant intends to stay temporarily in Australia as a member of the family unit of that person.

421.32       Criteria to be met at time of decision

421.321      The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 421 visa.

421.322      The following criteria are satisfied:

                   (a)     if the member of the family unit who satisfies the primary criteria (the primary member) made his or her application on or after 14 September 2009 — the Minister is satisfied that the sport sponsor who most recently identified the primary member in a nomination has agreed in writing to be the sport sponsor in relation to the applicant;

                  (b)     if the primary member made his or her application before 14 September 2009 — the applicant is included in any sponsorship required in respect of the primary member.

421.323      The Minister is satisfied that the applicant has:

                   (a)     adequate means to support himself or herself; or

                  (b)     access to adequate means to support himself or herself;

                   taking into account the applicant’s work rights during the period of the applicant’s stay in Australia.

421.323A   The applicant has given to the Minister evidence of adequate arrangements in Australia for health insurance during the period of the applicant’s intended stay in Australia.

421.324      The applicant:

                   (a)     in all cases, satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4013 and 4014; and

                  (b)     in the case of an applicant who seeks to stay in Australia for 12 months or more, satisfies public interest criterion 4010; and

                   (c)     in the case of an applicant who had turned 18 at the time of application, satisfies public interest criterion 4019.

421.325      If the application is made outside Australia and the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.

421.325A   If the application is made in the migration zone, the applicant has complied substantially with the conditions that apply or applied to the last of any substantive visas held by the applicant, and to any subsequent bridging visa.

421.326      (1)   If the applicant is an AusAID student or an AusAID recipient, the applicant has the support of the AusAID Minister for the grant of the visa.

                   (2)   The Minister may waive the requirements of subclause (1) if the Minister is satisfied that, in the particular case, waiver is justified by:

                   (a)     compelling circumstances that affect the interests of Australia; or

                  (b)     compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.

421.327      If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

421.328      The Minister is satisfied that:

                   (a)     the applicant is the holder of a valid passport that:

                              (i)   was issued to the applicant by an official source; and

                             (ii)   is in the form issued by the official source; or

                  (b)     it would be unreasonable to require the applicant to be the holder of a passport.

421.4     Circumstances applicable to grant

421.411      If the application is made in the migration zone, the applicant must be in the migration zone at the time of grant.

421.412      If the application is made outside Australia, the applicant must be outside Australia at the time of grant.

421.5     When visa is in effect

421.511      Temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister for the purpose. 

421.6     Conditions

421.611      If the applicant satisfies the primary criteria, condition 8107.

421.611A   If the applicant satisfies the primary or secondary criteria, condition 8501.

421.612      Any 1 or more of conditions 8106, 8301, 8303, 8502, 8503, 8516, 8522, 8525 and 8526 may be imposed.

421.7     Way of giving evidence

421.711      No evidence need be given.

421.712      If evidence is given, to be given by a label affixed to a valid passport.

Subclass 422             Medical Practitioner

422.1     Interpretation

Note   eligible New Zealand citizen is defined in regulation 1.03. No interpretation provisions specific to this Part.

422.2     Primary criteria

Note   The primary criteria must be satisfied by at least 1 member of a family unit. The person seeking to satisfy the primary criteria must make an application for the visa before 1 July 2010. The other members of the family unit who are applicants for a visa of this subclass need only satisfy the secondary criteria.

422.21       Criteria to be satisfied at time of application

Note   If the applicant is outside Australia at time of application, there are no criteria to be satisfied at time of application.

422.211      If the applicant is in the migration zone at time of application, the applicant is:

                   (a)     the holder of:

                              (i)   a visa of one of the following classes:

                                   (A)   Business (Temporary) (Class TB);

                                    (B)   Cultural/Social (Temporary) (Class TE);

                                    (C)   Educational (Temporary) (Class TH);

                                   (D)   Expatriate (Temporary) (Class TJ);

                                    (E)   Family Relationship (Temporary) (Class TL);

                                    (F)   Interdependency (Temporary) (Class TM);

                                   (G)   Medical Practitioner (Temporary) (Class UE);

                                   (H)   Prospective Marriage (Temporary) (Class TO);

                                     (I)   Retirement (Temporary) (Class TQ);

                                     (J)   Supported Dependant (Temporary) (Class TW);

                                   (K)   Working Holiday (Temporary) (Class TZ); or

                             (ii)   a visa of one of the following subclasses:

                                   (A)   Subclass 427 (Domestic Worker (Temporary) — Executive);

                                    (B)   Subclass 457 (Business (Long Stay));

                                    (C)   Subclass 476 (Skilled — Recognised Graduate);

                                   (D)   Subclass 485 (Skilled — Graduate); or

                  (b)     the holder of:

                              (i)   a visa of one of the following classes:

                                   (A)   Border (Temporary) (Class TA);

                                    (B)   Electronic Travel Authority (Class UD);

                                    (C)   Long Stay (Visitor) (Class TN);

                                   (D)   Short Stay (Visitor) (Class TR);

                                    (E)   Student (Temporary) (Class TU);

                                    (F)   Tourist (Class TR);

                                   (G)   Visitor (Class TV); or

                             (ii)   a Subclass 456 (Business (Short Stay)) visa; or

                   (c)     the holder of a Confirmatory (Temporary) (Class TD) visa that was granted on the grounds that the applicant satisfied the criteria for one of the visas specified in paragraph (a) or (b); or

                  (d)     not the holder of a substantive visa and:

                              (i)   the last substantive visa held by the applicant was of a kind specified in paragraph (a) or (c); and

                             (ii)   satisfies Schedule 3 criteria 3003, 3004 and 3005; or

                   (e)     not the holder of a substantive visa and:

                              (i)   the last substantive visa held by the applicant was of a kind specified in paragraph (b); and

                             (ii)   satisfies Schedule 3 criteria 3002, 3003, 3004 and 3005.

422.22       Criteria to be satisfied at time of decision

422.221      If:

                   (a)     the applicant was outside Australia at time of application; or

                  (b)     the applicant was in the migration zone at time of application and the applicant does not hold a Subclass 422 visa;

                   the applicant satisfies the criteria in clauses 422.222 to 422.227B.

422.222      An applicant satisfies the requirements of this clause if:

                   (a)     the applicant’s qualifications are recognised by the Medical Board of a State or Territory as entitling the applicant to practise as a medical practitioner in that State or Territory for the purposes of the position to which the application relates; and

                  (b)     the Minister is satisfied that:

                              (i)   labour market requirements have been met; and

                             (ii)   the position to which the application relates is a full‑time position; and

                            (iii)   the applicant is to be adequately remunerated in the position, having regard to Australian conditions and levels of remuneration; and

                            (iv)   the employment of the applicant in the position would benefit Australia; and

                   (c)     the applicant is sponsored by:

                              (i)   a person who is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen; or

                             (ii)   a body operating in Australia;

                            being the prospective employer of the applicant; and

                  (d)     the Minister has approved a person or an organisation as a sponsor of the applicant under subregulation 1.20AA (2) and the sponsorship fee prescribed in regulation 5.38 has been paid.

422.223      If the applicant seeks to enter Australia in accordance with a labour agreement, the applicant establishes that:

                   (a)     the requirements of the labour agreement have been met; and

                  (b)     the applicant’s skills and experience are suitable for the position to which the application relates.

422.224      The applicant:

                   (a)     satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010, 4013 and 4014; and

                  (b)     if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.

422.225      The Minister is satisfied that the applicant intends to comply with any conditions subject to which the visa is granted.

422.226      If the applicant was outside Australia at time of application and the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.

422.227      If, at time of application, the applicant was in the migration zone, the applicant has complied substantially with the conditions that apply or applied to the last of any substantive visas held by the applicant, and to any subsequent bridging visa.

422.227A   If, at time of application, the applicant was in the migration zone and was also the holder of a student visa:

                   (a)     the applicant has successfully completed a course in Australia at diploma level (within the meaning of subregulation 2.26A (6)) or above; and

                  (b)     the Minister is satisfied that:

                              (i)   it has not been possible to find a person who is suitable for the position in which the applicant’s intended employer proposes to employ the applicant; or

                             (ii)   in the circumstances, the intended employer should not be required to seek a suitable employee in Australia; and

                   (c)     the applicant is sponsored by an intended employer that is able to establish that a person with those skills is not reasonably available in Australia; and

                  (d)     if the applicant is a private subsidised student:

                              (i)   the sponsor establishes a strong case on economic grounds for the grant of the visa; and

                             (ii)   the Minister is satisfied that it would not be detrimental to Australia’s policies in respect of overseas students to grant the visa.

422.227B   If, at time of application, the applicant was in the migration zone and was also the holder of an Electronic Travel Authority (Class UD), Long Stay (Visitor) (Class TN), Short Stay (Visitor) (Class TR), Tourist (Class TR), Visitor (Class TV), Working Holiday (Temporary) (Class TZ) or Subclass 456 (Business (Short Stay)) visa:

                   (a)     the applicant is sponsored by the applicant’s intended employer; and

                  (b)     the Minister is satisfied that:

                              (i)   it has not been possible to find a person who is suitable for the position in which the applicant’s intended employer proposes to employ the applicant; or

                             (ii)   in the circumstances, the intended employer should not be required to seek a suitable employee in Australia.

422.228      If, at time of application, the applicant was in the migration zone and was also the holder of a Subclass 422 visa, the applicant satisfies the Minister that there is no reason to believe that the applicant does not continue to satisfy the criteria for the grant of a Subclass 422 visa.

422.229      (1)   For all applications, if the applicant is an AusAID student or an AusAID recipient, the applicant has the support of the AusAID Minister for the grant of the visa.

                   (2)   The Minister may waive the requirements of subclause (1) if the Minister is satisfied that, in the particular case, waiver is justified by:

                   (a)     compelling circumstances that affect the interests of Australia; or

                  (b)     compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.

422.230      The Minister is satisfied that:

                   (a)     the applicant is the holder of a valid passport that:

                              (i)   was issued to the applicant by an official source; and

                             (ii)   is in the form issued by the official source; or

                  (b)     it would be unreasonable to require the applicant to be the holder of a passport.

422.3     Secondary criteria

Note   The secondary criteria must be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria on the basis of an application made before 1 July 2010.

422.31       Criteria to be satisfied at time of application

422.311      The applicant is a member of a family unit of a person who applied for a Subclass 422 visa before 1 July 2010.

422.312      If the applicant is outside Australia at time of application and the application is made separately from that of the member of the family unit who seeks to satisfy or has satisfied the primary criteria, that member of the family unit is, or is expected soon to be, in Australia.

422.32       Criteria to be met at time of decision

422.321      The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 422 visa.

422.322      The applicant is included in the sponsorship required in respect of the person who satisfies the primary criteria.

422.323      The applicant:

                   (a)     in all cases, satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4013 and 4014; and

                  (b)     in the case of an applicant who seeks to stay in Australia for 12 months or more, satisfies public interest criterion 4010; and

                   (c)     in the case of an applicant who had turned 18 at the time of application, satisfies public interest criterion 4019.

422.326      If the applicant was outside Australia at time of application and if the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.

422.326A   If the applicant was in the migration zone at time of application, the applicant has complied substantially with the conditions that apply or applied to the last of any substantive visas held by the applicant, and to any subsequent bridging visa.

422.327      (1)   If the applicant is an AusAID student or an AusAID recipient, the applicant has the support of the AusAID Minister for the grant of the visa.

                   (2)   The Minister may waive the requirements of subclause (1) if the Minister is satisfied that, in the particular case, waiver is justified by:

                   (a)     compelling circumstances that affect the interests of Australia; or

                  (b)     compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.

422.328      If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

422.329      The Minister is satisfied that:

                   (a)     the applicant is the holder of a valid passport that:

                              (i)   was issued to the applicant by an official source; and

                             (ii)   is in the form issued by the official source; or

                  (b)     it would be unreasonable to require the applicant to be the holder of a passport.

422.4     Circumstances applicable to grant

422.411      If the applicant was in the migration zone at time of application, the applicant must be in the migration zone at the time of grant.

422.412      If the applicant was outside Australia at time of application, the applicant must be outside Australia at the time of grant.

422.5     When visa is in effect

422.511      Temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister for the purpose.

422.6     Conditions

422.611      If the applicant meets the primary criteria, condition 8107.

422.611A   If the applicant meets the primary or secondary criteria, condition 8501.

422.612      Any 1 or more of conditions 8106, 8301, 8303, 8403, 8502, 8503, 8516, 8522, 8525 and 8526 may be imposed.

422.7     Way of giving evidence

422.711      No evidence need be given.

422.712      If evidence is given, to be given by a label affixed to a valid passport.

Subclass 423             Media and Film Staff

423.1     Interpretation

Note   eligible New Zealand citizen is defined in regulation 1.03. No interpretation provisions specific to this Part.

423.2     Primary criteria

Note   The primary criteria must be satisfied by at least one member of a family unit. The other members of the family unit who are applicants for a visa of this subclass, need satisfy only the secondary criteria.

423.21       Criteria to be satisfied at time of application

Note   If the application is made outside Australia, there are no criteria to be satisfied at time of application.

423.211      If the applicant is in the migration zone at the time of application:

                   (a)     the applicant holds a substantive visa that is not:

                              (i)   a Subclass 426 (Domestic Worker (Temporary) — Diplomatic or Consular) visa; or

                             (ii)   a Subclass 771 (Transit) visa; or

                            (iii)   a Subclass 995 (Diplomatic (Temporary)) visa; or

                            (iv)   a special purpose visa; or

                  (b)     the applicant:

                              (i)   does not hold a substantive visa; and

                             (ii)   the last substantive visa held by the applicant was not a visa mentioned in paragraph (a); and

                            (iii)   the applicant satisfies Schedule 3 criteria 3002, 3003, 3004 and 3005.

423.22       Criteria to be satisfied at time of decision

423.223      The Minister is satisfied that:

                   (a)     the applicant is identified in a nomination of an occupation, a program or an activity approved under section 140GB of the Act; and

                  (b)     the nomination was made by a person who was an entertainment sponsor at the time the nomination was approved; and

                   (c)     the approval of the nomination has not ceased under regulation 2.75A; and        

                  (d)     the applicant seeks to enter or remain in Australia to work or participate in the nominated occupation, program or activity in relation to which the applicant is identified; and

                   (e)     either:

                              (i)   there is no adverse information known to Immigration about the person who made the approved nomination mentioned in paragraph (a) or a person associated with that person; or

                             (ii)   it is reasonable to disregard any adverse information known to Immigration about the person who made the approved nomination mentioned in paragraph (a) or a person associated with that person.

423.224A   The Minister is satisfied that the applicant genuinely intends to stay temporarily in Australia to carry out the activity for which the applicant was identified in the nomination.

423.224B   The Minister is satisfied that the applicant has:

                   (a)     adequate means to support himself or herself; or

                  (b)     access to adequate means to support himself or herself;

                   taking into account the applicant’s work rights during the period of the applicant’s intended stay in Australia.

423.225      The applicant:

                   (a)     satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010, 4013 and 4014; and

                  (b)     if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019; and

                   (c)     if the applicant has not turned 18 — satisfies public interest criteria 4012, 4017 and 4018.

423.225A   The applicant has given to the Minister evidence of adequate arrangements in Australia for health insurance during the period of the applicant’s intended stay in Australia.

423.226      The Minister is satisfied that the applicant intends to comply with any conditions subject to which the visa is granted.

423.227      If the application is made outside Australia and the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.

423.228      If the application is made in the migration zone, the applicant has complied substantially with the conditions that apply or applied to the last of any substantive visas held by the applicant, and to any subsequent bridging visa.

423.231      (1)   For all applications, if the applicant is an AusAID student or an AusAID recipient, the applicant has the support of the AusAID Minister for the grant of the visa.

                   (2)   The Minister may waive the requirements of subclause (1) if the Minister is satisfied that, in the particular case, waiver is justified by:

                   (a)     compelling circumstances that affect the interests of Australia; or

                  (b)     compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.

423.232      The Minister is satisfied that:

                   (a)     the applicant is the holder of a valid passport that:

                              (i)   was issued to the applicant by an official source; and

                             (ii)   is in the form issued by the official source; or

                  (b)     it would be unreasonable to require the applicant to be the holder of a passport.

423.3     Secondary criteria

Note   The secondary criteria must be met by applicants who are members of the family unit of a person who satisfies the primary criteria.

423.31       Criteria to be satisfied at time of application

423.311      The applicant is a member of the family unit of a person who has applied for a Subclass 423 visa.

423.312      If the application is made outside Australia and the application is made separately from that of the person satisfying the primary criteria:

                   (a)     that person is, or is expected soon to be, in Australia; and

                  (b)     the applicant intends to stay temporarily in Australia as a member of the family unit of that person.

423.32       Criteria to be met at time of decision

423.321      The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 423 visa.

423.322      The following criteria are satisfied:

                   (a)     if the member of the family unit who satisfies the primary criteria (the primary member) made his or her application on or after 14 September 2009 — the Minister is satisfied that the entertainment sponsor who most recently identified the primary member in a nomination has agreed in writing to be the entertainment sponsor in relation to the applicant;

                  (b)     if the primary member made his or her application before 14 September 2009 — the applicant is included in any sponsorship required in respect of the primary member.

423.323      The Minister is satisfied that the applicant has:

                   (a)     adequate means to support himself or herself; or

                  (b)     access to adequate means to support himself or herself;

                   taking into account the applicant’s work rights during the period of the applicant’s stay in Australia.

423.323A   The applicant has given to the Minister evidence of adequate arrangements in Australia for health insurance during the period of the applicant’s intended stay in Australia.

423.324      The applicant:

                   (a)     in all cases, satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4013 and 4014; and

                  (b)     in the case of an applicant who seeks to stay in Australia for 12 months or more, satisfies public interest criterion 4010; and

                   (c)     in the case of an applicant who had turned 18 at the time of application, satisfies public interest criterion 4019.

423.325      If the application is made outside Australia and if the applicant has previously been in Australia, satisfies special return criteria 5001 and 5002.

423.325A   If the application is made in the migration zone, the applicant has complied substantially with the conditions that apply or applied to the last of any substantive visas held by the applicant, and to any subsequent bridging visa.

423.326      (1)   If the applicant is an AusAID student or an AusAID recipient, the applicant has the support of the AusAID Minister for the grant of the visa.

                   (2)   The Minister may waive the requirements of subclause (1) if the Minister is satisfied that, in the particular case, waiver is justified by:

                   (a)     compelling circumstances that affect the interests of Australia; or

                  (b)     compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.

423.327      If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

423.328      The Minister is satisfied that:

                   (a)     the applicant is the holder of a valid passport that:

                              (i)   was issued to the applicant by an official source; and

                             (ii)   is in the form issued by the official source; or

                  (b)     it would be unreasonable to require the applicant to be the holder of a passport.

423.4     Circumstances applicable to grant

423.411      If the application is made in the migration zone, the applicant must be in the migration zone at the time of grant.

423.412      If the application is made outside Australia, the applicant must be outside Australia at the time of grant.

423.5     When visa is in effect

423.511      Temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister for the purpose. 

423.6     Conditions

423.611      If the applicant meets the primary criteria, condition 8107.

423.611A   If the applicant meets the primary or secondary criteria, condition 8501.

423.612      Any 1 or more of conditions 8106, 8301, 8303, 8502, 8503, 8516, 8522, 8525 and 8526 may be imposed.

423.7     Way of giving evidence

423.711      No evidence need be given.

423.712      If evidence is given, to be given by a label affixed to a valid passport.

Subclass 426             Domestic Worker (Temporary) — Diplomatic or Consular

426.1     Interpretation

426.111      In this Part:

current employer, in relation to the applicant, means the person whose household is the household in relation to employment in which the Subclass 426 visa was granted to the applicant.

426.2     Primary criteria

Note   All applicants must satisfy the primary criteria.

426.21       Criteria to be satisfied at time of application

Note   If the application is made outside Australia, there are no criteria to be satisfied at time of application.

426.211      If the application is made in the migration zone:

                   (a)     the applicant is the holder, having satisfied the primary criteria, of a Subclass 426 visa; or

                  (b)     the applicant is not the holder of a substantive visa; and

                              (i)   the last substantive visa held by the applicant was a Subclass 426 visa; and

                             (ii)   the applicant satisfies Schedule 3 criteria 3003 and 3004.

426.22       Criteria to be satisfied at time of decision

426.221      If:

                   (a)     the application is made outside Australia; or

                  (b)     the application is made in the migration zone and the applicant does not hold a Subclass 426 visa;

                   the applicant satisfies the criteria in clauses 426.222 to 426.228.

426.222      If the application is made outside Australia, the applicant:

                   (a)     has turned 18; and

                  (b)     seeks to enter Australia to undertake full‑time domestic duties in the household of a person who:

                              (i)   is the holder of a Subclass 995 (Diplomatic (Temporary)) visa; and

                             (ii)   is not a permanent resident of Australia; and

                            (iii)   has entered into an employment agreement with the applicant in relation to those duties; and

                   (c)     is to be employed or engaged in Australia in accordance with the standards for wages and working conditions provided for under relevant Australian legislation and awards.

426.223      The application has the support in writing of the Foreign Minister.

426.224      The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010, 4013, 4014 and 4019.

426.225      The applicant has complied substantially with the conditions that apply or applied to the last of any substantive visas held by the applicant, and to any subsequent bridging visa.

426.226      If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.

426.227      If the application is made in the migration zone, the Minister is satisfied that:

                   (a)     the applicant is undertaking, and while remaining in Australia will continue to undertake, full‑time domestic duties in the household of the applicant’s current employer; or

                  (b)     the applicant seeks to remain in Australia to undertake full‑time domestic duties in the household of a person (other than the applicant’s current employer) who:

                              (i)   is the holder of a Subclass 995 (Diplomatic (Temporary)) visa; and

                             (ii)   has entered into an employment agreement with the applicant in relation to those duties.

426.228      The Minister is satisfied that the applicant intends to comply with any conditions subject to which the visa is granted.

426.229      If the application is made in the migration zone and the applicant was the holder of a Subclass 426 visa at the time of application, the applicant satisfies the Minister that there is no reason to believe that the applicant does not continue to satisfy the primary criteria for the grant of a Subclass 426 visa.

426.230      The Minister is satisfied that:

                   (a)     the applicant is the holder of a valid passport that:

                              (i)   was issued to the applicant by an official source; and

                             (ii)   is in the form issued by the official source; or

                  (b)     it would be unreasonable to require the applicant to be the holder of a passport.

426.3     Secondary criteria: Nil.

Note   All applicants must satisfy the primary criteria.

426.4     Circumstances applicable to grant

426.411      If the application is made in the migration zone, the applicant must be in the migration zone at time of grant.

426.412      If the application is made outside Australia, the applicant must be outside Australia at time of grant.

426.5     When visa is in effect

426.511      Temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister.

426.6     Conditions

426.611      Conditions 8110 and 8516.

426.612      Any 1 or more of conditions 8106, 8301, 8303, 8501, 8502, 8503, 8522, 8525 and 8526 may be imposed.

426.7     Way of giving evidence

426.711      No evidence need be given.

426.712      If evidence is given, to be given by a label affixed to a valid passport.

Subclass 427             Domestic Worker (Temporary) — Executive

427.1     Interpretation

Note   No interpretation provisions specific to this Part.

427.2     Primary criteria

Note   The primary criteria must be satisfied by at least one member of a family unit. The other members of the family unit who are applicants for a visa of this subclass, need satisfy only the secondary criteria.

427.21       Criteria to be satisfied at time of application

Note   If the application is made outside Australia, there are no criteria to be satisfied at time of application.

427.211      If the applicant is in the migration zone at the time of application:

                   (a)     the applicant holds a substantive visa that is not:

                              (i)   a Subclass 426 (Domestic Worker (Temporary) — Diplomatic or Consular) visa; or

                             (ii)   a Subclass 771 (Transit) visa; or

                            (iii)   a Subclass 995 (Diplomatic (Temporary)) visa; or

                            (iv)   a special purpose visa; or

                  (b)     the applicant:

                              (i)   does not hold a substantive visa; and

                             (ii)   the last substantive visa held by the applicant was not a visa mentioned in paragraph (a); and

                            (iii)   the applicant satisfies Schedule 3 criteria 3002, 3003, 3004 and 3005.

427.22       Criteria to be satisfied at time of decision

427.222      The Minister is satisfied that:

                   (a)     the applicant is identified in a nomination of an occupation, a program or an activity approved under section 140GB of the Act; and

                  (b)     the nomination was made by a person who was a domestic worker sponsor at the time the nomination was approved; and

                   (c)     the approval of the nomination has not ceased under regulation 2.75A; and

                  (d)     the applicant seeks to enter or remain in Australia to undertake full-time domestic duties in the private household of the domestic worker sponsor; and

                   (e)     either:

                              (i)   there is no adverse information known to Immigration about the person who made the approved nomination mentioned in paragraph (a) or a person associated with that person; or

                             (ii)   it is reasonable to disregard any adverse information known to Immigration about the person who made the approved nomination mentioned in paragraph (a) or a person associated with that person.

427.225A   The Minister is satisfied that the applicant genuinely intends to stay temporarily in Australia to undertake the duties for which the applicant was identified in the nomination.

427.225B   The Minister is satisfied that the applicant has:

                   (a)     adequate means to support himself or herself; or

                  (b)     access to adequate means to support himself or herself;

                   taking into account the applicant’s work rights during the period of the applicant’s intended stay in Australia.

427.227      The applicant is to be employed or engaged in Australia in accordance with the standards for wages and working conditions provided for under relevant Australian legislation and awards.

427.228      The applicant:

                   (a)     satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010, 4013 and 4014; and

                  (b)     if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.

427.228A   The applicant has given to the Minister evidence of adequate arrangements in Australia for health insurance during the period of the applicant’s intended stay in Australia.

427.229      The Minister is satisfied that the applicant intends to comply with any conditions subject to which the visa is granted.

427.230      If the application is made outside Australia, and the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.

427.232      If the application is made in the migration zone, the applicant has complied substantially with the conditions that apply or applied to the last of any substantive visas held by the applicant, and to any subsequent bridging visa.

427.234      The Minister is satisfied that:

                   (a)     the applicant is the holder of a valid passport that:

                              (i)   was issued to the applicant by an official source; and

                             (ii)   is in the form issued by the official source; or

                  (b)     it would be unreasonable to require the applicant to be the holder of a passport.

427.3     Secondary criteria

Note   The secondary criteria must be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria.

427.31       Criteria to be satisfied at time of application

427.311      The applicant is a member of the family unit of a person who has applied for a Subclass 427 visa.

427.312      If the application is made outside Australia and the application is made separately from that of the family unit member satisfying the primary criteria:

                   (a)     that family unit member is, or is expected soon to be, in Australia; and

                  (b)     the applicant intends to stay temporarily in Australia as a member of that family unit.

427.32       Criteria to be met at time of decision

427.321      The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 427 visa.

427.322      The following criteria are satisfied:

                   (a)     if the member of the family unit who satisfies the primary criteria (the primary member) made his or her application on or after 14 September 2009 — the Minister is satisfied that the domestic worker sponsor who most recently identified the primary member in a nomination has agreed in writing to be the domestic worker sponsor in relation to the applicant;

                  (b)     if the primary member made his or her application before 14 September 2009 — the applicant is included in any sponsorship required in respect of the primary member.

427.323      The Minister is satisfied that the applicant has:

                   (a)     adequate means to support himself or herself; or

                  (b)     access to adequate means to support himself or herself;

                   taking into account the applicant’s work rights during the period of the applicant’s stay in Australia.

427.323A   The applicant has given to the Minister evidence of adequate arrangements in Australia for health insurance during the period of the applicant’s intended stay in Australia.

427.324      The applicant:

                   (a)     in all cases, satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4013 and 4014; and

                  (b)     in the case of an applicant who seeks to stay in Australia for 12 months or more, satisfies public interest criterion 4010; and

                   (c)     in the case of an applicant who had turned 18 at the time of application, satisfies public interest criterion 4019.

427.325      If the application is made outside Australia and if the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.

427.325A   If the application is made in the migration zone, the applicant has complied substantially with the conditions that apply or applied to the last of any substantive visas held by the applicant, and to any subsequent bridging visa.

427.326      If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

427.327      The Minister is satisfied that:

                   (a)     the applicant is the holder of a valid passport that:

                              (i)   was issued to the applicant by an official source; and

                             (ii)   is in the form issued by the official source; or

                  (b)     it would be unreasonable to require the applicant to be the holder of a passport.

427.4     Circumstances applicable to grant

427.411      If the application is made in the migration zone, the applicant must be in the migration zone at the time of grant.

427.412      If the application is made outside Australia, the applicant must be outside Australia at the time of grant.

427.5     When visa is in effect

427.511      Temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister for the purpose.

427.6     Conditions

427.611      If the applicant meets the primary criteria, conditions 8107 and 8111.

427.611A   If the applicant meets the primary or secondary criteria, condition 8501.

427.612      Any 1 or more of conditions 8106, 8301, 8303, 8502, 8503, 8516, 8522, 8525 and 8526 may be imposed.

427.7     Way of giving evidence

427.711      No evidence need be given.

427.712      If evidence is given, to be given by a label affixed to a valid passport.

Subclass 428             Religious Worker

428.1     Interpretation

Note   No interpretation provisions specific to this Part.

428.2     Primary criteria

Note   The primary criteria must be satisfied by at least one member of a family unit. The other members of the family unit who are applicants for a visa of this subclass, need satisfy only the secondary criteria.

428.21       Criteria to be satisfied at time of application

Note   If the application is made outside Australia, there are no criteria to be satisfied at time of application.

428.211      If the applicant is in the migration zone at the time of application:

                   (a)     the applicant holds a substantive visa that is not:

                              (i)   a Subclass 426 (Domestic Worker (Temporary) — Diplomatic or Consular) visa; or

                             (ii)   a Subclass 771 (Transit) visa; or

                            (iii)   a Subclass 995 (Diplomatic (Temporary)) visa; or

                            (iv)   a special purpose visa; or

                  (b)     the applicant:

                              (i)   does not hold a substantive visa; and

                             (ii)   the last substantive visa held by the applicant was not a visa mentioned in paragraph (a); and

                            (iii)   the applicant satisfies Schedule 3 criteria 3002, 3003, 3004 and 3005.

428.22       Criteria to be satisfied at time of decision

428.222      The Minister is satisfied that:

                   (a)     the applicant is identified in a nomination of an occupation, a program or an activity approved under section 140GB of the Act; and

                  (b)     the nomination was made by a person who was a religious worker sponsor or a party to a work agreement of a kind mentioned in subregulation 2.76 (4) at the time the nomination was approved; and

                   (c)     the approval of the nomination has not ceased under regulation 2.75A; and

                  (d)     the applicant seeks to enter or remain in Australia to be engaged on a full-time basis to participate in work or an activity:

                              (i)   that is predominately non-profit in nature; and

                             (ii)   that directly serves the religious objectives of the religious institution that is the religious worker sponsor; and

                   (e)     either:

                              (i)   there is no adverse information known to Immigration about the person who made the approved nomination mentioned in paragraph (a) or a person associated with that person; or

                             (ii)   it is reasonable to disregard any adverse information known to Immigration about the person who made the approved nomination mentioned in paragraph (a) or a person associated with that person.

428.222B   The Minister is satisfied that the applicant genuinely intends to stay temporarily in Australia to carry out the activity for which the applicant was identified in the nomination.

428.225      The applicant:

                   (a)     satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010, 4013 and 4014; and

                  (b)     if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019; and

                   (c)     if the applicant has not turned 18 — satisfies public interest criteria 4012, 4017 and 4018.

428.225A   The Minister is satisfied that the applicant has:

                   (a)     adequate means to support himself or herself; or

                  (b)     access to adequate means to support himself or herself;

                   taking into account the applicant’s work rights during the period of the applicant’s intended stay in Australia.

428.225B   The applicant has given to the Minister evidence of adequate arrangements in Australia for health insurance during the period of the applicant’s intended stay in Australia.

428.226      The Minister is satisfied that the applicant intends to comply with any conditions subject to which the visa is granted.

428.227      If the application is lodged outside Australia and the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.

428.228      The applicant has complied substantially with the conditions that apply or applied to the last of any substantive visas held by the applicant, and to any subsequent bridging visa.

428.230      (1)   For all applications, if the applicant is an AusAID student or an AusAID recipient, the applicant has the support of the AusAID Minister for the grant of the visa.

                   (2)   The Minister may waive the requirements of subclause (1) if the Minister is satisfied that, in the particular case, waiver is justified by:

                   (a)     compelling circumstances that affect the interests of Australia; or

                  (b)     compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.

428.231      The Minister is satisfied that:

                   (a)     the applicant is the holder of a valid passport that:

                              (i)   was issued to the applicant by an official source; and

                             (ii)   is in the form issued by the official source; or

                  (b)     it would be unreasonable to require the applicant to be the holder of a passport.

428.3     Secondary criteria

Note   The secondary criteria must be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria.

428.31       Criteria to be satisfied at time of application

428.311      The applicant is a member of the family unit of a person who has applied for a Subclass 428 visa.

428.312      If the application is lodged outside Australia and the application is made separately from that of the person satisfying the primary criteria:

                   (a)     that person is, or is expected soon to be, in Australia; and

                  (b)     the applicant intends to stay temporarily in Australia as a member of the family unit of that person.

428.32       Criteria to be met at time of decision

428.321      The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 428 visa.

428.322      The following criteria are satisfied:

                   (a)     if the member of the family unit who satisfies the primary criteria (the primary member) made his or her application on or after 14 September 2009 — the Minister is satisfied that the religious worker sponsor who most recently identified the primary member in a nomination has agreed in writing to be the religious worker sponsor in relation to the applicant;

                  (b)     if the primary member made his or her application before 14 September 2009 — the applicant is included in any sponsorship required in respect of the primary member.

428.322A   The Minister is satisfied that the applicant has:

                   (a)     adequate means to support himself or herself; or

                  (b)     access to adequate means to support himself or herself;

                   taking into account the applicant’s work rights during the period of the applicant’s stay in Australia.

428.322B   The applicant has given to the Minister evidence of adequate arrangements in Australia for health insurance during the period of the applicant’s intended stay in Australia.

428.323      The applicant:

                   (a)     in all cases, satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4013 and 4014; and

                  (b)     in the case of an applicant who seeks to stay in Australia for 12 months or more, satisfies public interest criterion 4010; and

                   (c)     in the case of an applicant who had turned 18 at the time of application, satisfies public interest criterion 4019.

428.324      If the application is lodged outside Australia and if the applicant has previously been in Australia, satisfies special return criteria 5001 and 5002.

428.324A   If the application is made in the migration zone, the applicant has complied substantially with the conditions that apply or applied to the last of any substantive visas held by the applicant, and to any subsequent bridging visa.

428.325      (1)   If the applicant is an AusAID student or an AusAID recipient, the applicant has the support of the AusAID Minister for the grant of the visa.

                   (2)   The Minister may waive the requirements of subclause (1) if the Minister is satisfied that, in the particular case, waiver is justified by:

                   (a)     compelling circumstances that affect the interests of Australia; or

                  (b)     compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.

428.326      If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

428.327      The Minister is satisfied that:

                   (a)     the applicant is the holder of a valid passport that:

                              (i)   was issued to the applicant by an official source; and

                             (ii)   is in the form issued by the official source; or

                  (b)     it would be unreasonable to require the applicant to be the holder of a passport.

428.4     Circumstances applicable to grant

428.411      If the application is made in the migration zone, the applicant is in the migration zone at the time of grant.

428.412      If the application is made outside Australia, the applicant is outside Australia at the time of grant.

428.5     When visa is in effect

428.511      Temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister for the purpose.

428.6     Conditions

428.611      If the applicant satisfies the primary criteria, conditions 8107 and 8303.

428.611A   If the applicant meets the primary or secondary criteria, condition 8501.

428.612      Any 1 or more of conditions 8106, 8107, 8301, 8303, 8502, 8503, 8516, 8522, 8525 and 8526 may be imposed.

428.7     Way of giving evidence

428.711      No evidence need be given.

428.712      If evidence is given, to be given by a label affixed to a valid passport.

Subclass 442             Occupational Trainee

442.1     Interpretation

442.111      In this Part:

completed, in relation to the principal course, for an award course means having met the academic requirements for its award, and for a non‑award course means having met the course requirements.

Note   The academic requirements for the award of an academic qualification do not include the formal conferral of the award. Therefore, a person can complete a principal course, for this Part, before the award is formally conferred.

principal course has the meaning given in regulation 1.40.

442.2     Primary criteria

Note   The primary criteria must be satisfied by at least one member of a family unit. The other members of the family unit who are applicants for a visa of this subclass, need satisfy only the secondary criteria.

442.21       Criteria to be satisfied at time of application

Note   If the applicant is outside Australia, there are no criteria to be satisfied at time of application.

442.211      If the applicant is in the migration zone at the time of application:

                   (a)     the applicant holds a substantive visa, other than:

                              (i)   a Subclass 560 (Student) visa; or

                             (ii)   a Subclass 562 (Iranian Postgraduate Student) visa; or

                            (iii)   a Subclass 563 (Iranian Postgraduate Student Dependant) visa; or

                            (iv)   a Subclass 571 (Schools Sector) visa; or

                             (v)   a Subclass 576 (AusAID or Defence Sector) visa; or

                            (vi)   a Subclass 771 (Transit) visa; or

                           (vii)   a special purpose visa; or

                  (b)     if the applicant does not hold a substantive visa at the time of application:

                              (i)   the last substantive visa held by the applicant was not a visa mentioned in subparagraphs (a) (i) to (vii); and

                             (ii)   the applicant satisfies Schedule 3 criteria 3003, 3004 and 3005.

442.22       Criteria to be satisfied at time of decision

442.222      (1)   The Minister is satisfied that:

                   (a)     the applicant is identified in a nomination of an occupation, a program or an activity approved under section 140GB of the Act, unless the occupational training is to be provided to the applicant by the Commonwealth; and

                  (b)     if the occupational training is to be provided to the applicant by the Commonwealth — the occupational trainee sponsor has agreed in writing to be the occupational trainee sponsor in relation to the applicant; and

                   (c)     the nomination mentioned in paragraph (a) was made by a person who was an occupational trainee sponsor at the time the nomination was approved; and

                  (d)     the approval of the nomination mentioned in paragraph (a) has not ceased under regulation 2.75A; and

                   (e)     the applicant seeks to enter or remain in Australia to undertake the occupational training; and

                   (f)     either:

                              (i)   there is no adverse information known to Immigration about the person who made the approved nomination mentioned in paragraph (a) or a person associated with that person; or

                             (ii)   it is reasonable to disregard any adverse information known to Immigration about the person who made the approved nomination mentioned in paragraph (a) or a person associated with that person.

                   (2)   For subclause (1), occupational training to be provided by the Commonwealth includes occupational training to be provided by:

                   (a)     a body corporate incorporated for a public purpose under an Act or regulations made under an Act; or

                  (b)     an authority or body (other than a body corporate) established for a public purpose under an Act or regulations made under an Act.

442.223      The Minister is satisfied that occupational opportunities available to Australian citizens or permanent residents of Australia will not be adversely affected if the visa is granted.

442.224      The Minister is satisfied that the applicant is a genuine applicant for entry to Australia as an occupational trainee.

442.224A   Taking into account the applicant’s work rights during the period of the applicant’s intended stay in Australia, the Minister is satisfied that the applicant has:

                   (a)     adequate means to support himself or herself; or

                  (b)     access to adequate means to support himself or herself.

442.225      The applicant:

                   (a)     satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010, 4013 and 4014; and

                 (aa)     if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019; and

                  (b)     gives to the Minister evidence of adequate arrangements in Australia for health insurance during the period of the applicant’s intended stay in Australia.

442.226      The Minister is satisfied that the applicant intends to comply with any conditions subject to which the visa is granted.

442.227      If the applicant is outside Australia at the time of application, and has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.

442.228      If the applicant is in the migration zone at the time of application, the applicant has complied substantially with the conditions that apply or applied to the last of any substantive visas held by the applicant, and to any subsequent bridging visa.

442.229      (1)   This clause applies to an applicant if the applicant is in the migration zone at the time of application and:

                   (a)     at the time of making the application, the applicant was the holder of a visa of one of the following subclasses:

                              (i)   Subclass 570 (Independent ELICOS Sector);

                             (ii)   Subclass 572 (Vocational Education and Training Sector);

                            (iii)   Subclass 573 (Higher Education Sector);

                            (iv)   Subclass 574 (Postgraduate Research Sector);

                             (v)   Subclass 575 (Non‑Award Sector); or

                  (b)     at the time of making the application:

                              (i)   the applicant was not the holder of a substantive visa; and

                             (ii)               the last substantive visa held by the applicant was a visa of a subclass mentioned in paragraph (a).

                   (2)   If this clause applies to the applicant, the applicant satisfies the Minister that:

                   (a)     the applicant:

                              (i)   has completed the principal course, at the diploma level or higher, in Australia in relation to which:

                                   (A)   the visa held by the applicant at the time of application; or

                                    (B)   if the applicant was not the holder of a substantive visa at the time of application — the last substantive visa held by the applicant;

was granted; and

                             (ii)   seeks to undertake occupational training closely related to the principal course; and

                            (iii)   would complete the occupational training within 12 months; or

                  (b)     the applicant:

                              (i)   has completed the principal course in Australia in relation to which:

                                   (A)   the visa held by the applicant at the time of application; or

                                    (B)   if the applicant was not the holder of a substantive visa at the time of application — the last substantive visa held by the applicant;

was granted; and

                             (ii)   must complete a period of practical employment experience in order to obtain registration in a profession in which registration is a prerequisite for the practice of the profession in:

                                   (A)   the applicant’s usual country of residence; or

                                    (B)   Australia.

442.231      (1)   For all applications, if the applicant is an AusAID student or an AusAID recipient, the applicant has the support of the AusAID Minister for the grant of the visa.

                   (2)   The Minister may waive the requirements of subclause (1) if the Minister is satisfied that, in the particular case, waiver is justified by:

                   (a)     compelling circumstances that affect the interests of Australia; or

                  (b)     compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.

442.232      The Minister is satisfied that:

                   (a)     the applicant is the holder of a valid passport that:

                              (i)   was issued to the applicant by an official source; and

                             (ii)   is in the form issued by the official source; or

                  (b)     it would be unreasonable to require the applicant to be the holder of a passport.

442.233      (1)   Either:

                   (a)     the applicant has turned 18; or

                  (b)     the applicant has not turned 18, and the Minister is satisfied that exceptional circumstances exist for the grant of the visa.

                   (2)   If the applicant has not turned 18, public interest criteria 4012, 4017 and 4018 are satisfied in relation to the applicant.

442.3     Secondary criteria

Note   The secondary criteria must be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria.

442.31  Criteria to be satisfied at time of application

442.311      The applicant is a member of the family unit of a person who has applied for a Subclass 442 visa.

442.312      If the applicant is outside Australia at the time of application, and the application is made separately from that of the family unit member satisfying the primary criteria:

                   (a)     that family unit member is, or is expected soon to be, in Australia; and

                  (b)     the applicant intends to stay temporarily in Australia as a member of that family unit.

442.32       Criteria to be satisfied at time of decision

442.321      The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 442 visa.

442.321A   The Minister is satisfied that the occupational trainee sponsor of the member of the family unit who satisfies the primary criteria has agreed in writing to be the occupational trainee sponsor in relation to the applicant.

442.321B   Clause 442.321A does not apply to an applicant who is a member of the family unit of the person who satisfies the primary criteria , and that person made his or her application before 14 September 2009.

442.322      The Minister is satisfied that the applicant has:

                   (a)     adequate means to support himself or herself; or

                  (b)     access to adequate means to support himself or herself;

                   taking into account the applicant’s work rights during the period of the applicant’s stay in Australia.

442.323      The applicant:

                   (a)     in all cases, satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4013 and 4014; and

                  (b)     in the case of an applicant who seeks to stay in Australia for 12 months or more, satisfies public interest criterion 4010; and

                 (ba)     if the applicant had turned 18 at the time of application, satisfies public interest criterion 4019; and

                   (c)     gives to the Minister evidence of adequate arrangements in Australia for health insurance during the period of the applicant’s intended stay in Australia.

442.324      If the applicant is outside Australia at the time of application, and has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.

442.324A   If the applicant is in the migration zone at the time of application, the applicant has complied substantially with the conditions that apply or applied to the last of any substantive visas held by the applicant, and to any subsequent bridging visa.

442.325      (1)   If the applicant is an AusAID student or an AusAID recipient, the applicant has the support of the AusAID Minister for the grant of the visa.

                   (2)   The Minister may waive the requirements of subclause (1) if the Minister is satisfied that, in the particular case, waiver is justified by:

                   (a)     compelling circumstances that affect the interests of Australia; or

                  (b)     compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.

442.326      If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

442.327      The Minister is satisfied that:

                   (a)     the applicant is the holder of a valid passport that:

                              (i)   was issued to the applicant by an official source; and

                             (ii)   is in the form issued by the official source; or

                  (b)     it would be unreasonable to require the applicant to be the holder of a passport.

442.4     Circumstances applicable to grant

442.411      The applicant may be in or outside Australia at the time of grant, but not in immigration clearance.

442.5     When visa is in effect

442.511      Temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister for the purpose.

442.6     Conditions

442.611      If the applicant meets the primary criteria, conditions 8102 and 8501.

442.612      If the applicant meets the secondary criteria, conditions 8104 and 8501.

442.613      Any 1 or more of conditions 8106, 8107, 8301, 8303, 8501, 8502, 8503, 8516, 8522, 8525 and 8526 may be imposed.

442.7     Way of giving evidence

442.711      No evidence need be given.

442.712      If evidence is given, to be given by a label affixed to a valid passport.

Subclass 444             Special Category

444.1     Interpretation

Note   No interpretation provisions specific to this Part.

444.2     Primary criteria

Note   The only criteria are those set out in paragraph 32 (2) (a) of the Act and in regulation 5.15A. Under paragraph 32 (2) (a) of the Act, the requirements are: that the applicant is a New Zealand citizen; that the applicant holds, and has presented to an officer or an authorised system, a New Zealand passport that is in force; and that the applicant is neither a behaviour concern non‑citizen nor a health concern non‑citizen.

The terms behaviour concern non‑citizen and health concern non‑citizen are defined in subsection 5 (1) of the Act. Prescribed diseases in respect of a health concern non‑citizen are set out in regulation 5.16. The definition of behaviour concern non‑citizen includes a person who has been excluded from another country in certain circumstances. Those circumstances are set out in regulation 5.15.

Paragraph 32 (2) (c) of the Act allows other classes of persons to be declared by the regulations as classes of persons for whom a visa of another class would be inappropriate, and the declaration of a class of persons is to be found in regulation 5.15A.

Under regulation 5.15A, the requirements are that the applicant is a New Zealand citizen who holds, and has presented to an officer, a New Zealand passport that is in force; that the applicant is not a health concern non‑citizen; and that the applicant is a behaviour concern non‑citizen only because he or she has been excluded from another country in circumstances that, in the Minister’s opinion, do not warrant the exclusion of the applicant from Australia.

444.3     Secondary criteria: Nil.

Note   All applicants must satisfy the primary criteria.

444.4     Circumstances applicable to grant

444.411      At the time of grant, the applicant must:

                   (a)     be in Australia; or

                  (b)     intend to travel to Australia on a pre‑cleared flight and be in immigration clearance at a port outside Australia at which pre‑clearance procedures are carried out.

Note   For pre‑cleared flight see the Act, s 17.

444.5     When visa is in effect

444.511      Temporary visa permitting the holder to remain in Australia while the holder is a New Zealand citizen.

444.6     Conditions: Nil.

444.7     Way of giving evidence

444.711      No evidence need be given.

444.712      If evidence is given, to be given as follows:

                   (a)     if the grant is made in immigration clearance — by a port and date stamp placed in the passport of the holder;

                  (b)     if the grant is made in Australia after immigration clearance — by a special category visa holder stamp placed in the passport of the holder;

                   (c)     if the grant is made at an airport outside Australia at which pre‑clearance procedures are carried out — by a pre‑cleared stamp placed in the passport of the holder.

Subclass 445             Dependent Child

445.1     Interpretation

445.111      For this Part, the parent of an applicant is a visa‑holding parent if he or she holds any of the following visas:

                   (a)     Subclass 309 (Spouse (Provisional));

                 (aa)     Subclass 309 (Partner (Provisional));

                  (b)     Subclass 310 (Interdependency (Provisional));

                   (c)     Subclass 445 (Dependent Child);

                  (d)     Subclass 820 (Spouse);

                (da)     Subclass 820 (Partner);

                   (e)     Subclass 826 (Interdependency).

Note   For dependent child, see regulation 1.03.

445.2     Primary criteria

445.21       Criteria to be satisfied at time of application

445.211      The applicant:

                   (a)     is a dependent child of a visa‑holding parent; and

                  (b)     is sponsored by the nominator or sponsor of the visa‑holding parent.

445.22       Criteria to be satisfied at time of decision

445.221      The parent of the applicant continues to be a visa‑holding parent.

445.222      The applicant continues to be a dependent child of the visa‑holding parent.

445.223      (1)   The applicant meets the requirements of subclause (2), (3) or (4).

                   (2)   The applicant meets the requirements of this subclause if he or she continues to be sponsored by the nominator or sponsor of the visa‑holding parent.

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

                   (a)     either:

                              (i)   the nominator or sponsor of the visa‑holding parent has died; or

                             (ii)   the relationship between the visa‑holding parent and his or her nominator or sponsor has ceased, and either:

                                   (A)   the visa‑holding parent has requested consideration under provisions relating to family violence in Subclass 100, 110, 801 or 814; or

                                    (B)   the visa‑holding parent has requested consideration under provisions relating to parental arrangements for a child in Subclass 100 or 801; and

                  (b)     the applicant is sponsored by the visa‑holding parent.

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

                   (a)     the applicant is a dependent child of a parent holding a Subclass 445 visa; and

                  (b)     the circumstances mentioned in subparagraph (3) (a) (i), or sub‑subparagraph (3) (a) (ii) (A) or (B) apply; and

                   (c)     the applicant is sponsored by the person who is required to satisfy the primary criteria in Subclass 100, 110, 801 or 814.

Note   For special provisions relating to family violence, see Division 1.5.

445.224      The sponsorship mentioned in clause 445.223 has been approved by the Minister and is still in force.

Note   Regulation 1.20KB limits the Minister’s discretion to approve sponsorships.

445.225      The applicant:

                   (a)     satisfies public interest criteria 4001, 4002, 4003, 4004, 4007 and 4009; and

                  (b)     if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.

445.226      If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

445.227      (1)   Each member of the family unit of the applicant who is an applicant for a Subclass 445 visa is a person who:

                   (a)     satisfies public interest criteria 4001, 4002, 4003, 4004, 4007 and 4009; and

                  (b)     if the person had turned 18 at the time of application — satisfies public interest criterion 4019.

                   (2)   Each member of the family unit of the applicant who is not an applicant for a Subclass 445 visa is a person who:

                   (a)     satisfies public interest criteria 4001, 4002, 4003 and 4004; and

                  (b)     satisfies public interest criteria 4007, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.

445.228      If a person (the additional applicant):

                   (a)     is a member of the family unit of the applicant; and

                  (b)     has not turned 18; and

                   (c)     made a combined application with the applicant —

                   public interest criteria 4015 and 4016 are satisfied in relation to the additional applicant.

445.229      The Minister is satisfied that:

                   (a)     the applicant is the holder of a valid passport that:

                              (i)   was issued to the applicant by an official source; and

                             (ii)   is in the form issued by the official source; or

                  (b)     it would be unreasonable to require the applicant to be the holder of a passport.

445.3     Secondary criteria

Note   These criteria must be satisfied by applicants who are dependent children of, and who have made a combined application with, the person who satisfies the primary criteria.

445.31       Criteria to be satisfied at time of application

445.311      The applicant is a dependent child of, and made a combined application with, the person who satisfies the primary criteria for a Subclass 445 visa.

445.312      The sponsorship mentioned in paragraph 445.211 (c) for the person who satisfies the primary criteria also includes sponsorship of the applicant.

445.32       Criteria to be satisfied at time of decision

445.321      The applicant continues to be a dependent child of the person who, having satisfied the primary criteria, is the holder of a Subclass 445 visa.

445.322      The sponsorship mentioned in clause 445.223 for the person who satisfies the primary criteria also includes sponsorship of the applicant.

445.323      The sponsorship mentioned in clause 445.322 has been approved by the Minister and is still in force.

445.324      The applicant:

                   (a)     satisfies public interest criteria 4001, 4002, 4003, 4004, 4007 and 4009; and

                  (b)     if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.

445.325      If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied, in relation to the applicant.

445.326      The Minister is satisfied that:

                   (a)     the applicant is the holder of a valid passport that:

                              (i)   was issued to the applicant by an official source; and

                             (ii)   is in the form issued by the official source; or

                  (b)     it would be unreasonable to require the applicant to be the holder of a passport.

445.4     Circumstances applicable to grant

445.411      If the application is made outside Australia, the applicant must be outside Australia when the visa is granted.

445.412      If the application is made in Australia, the applicant must be in Australia when the visa is granted.

445.5     When a visa is in effect

445.511      Temporary visa permitting the holder to travel to, enter and remain in Australia within the visa period of the Extended Eligibility (Temporary) (Class TK) visa, Interdependency (Provisional) (Class UG) visa, Spouse (Provisional) (Class UF) visa, Partner (Provisional) (Class UF) visa or Partner (Temporary) (Class UK) visa held by the person on whom the applicant is dependent.

445.6     Conditions: Nil.

445.7     Way of giving evidence

445.711      No evidence need be given.

445.712      If evidence is given, to be given by a label affixed to a valid passport.

Subclass 448             Kosovar Safe Haven (Temporary)

448.1     Interpretation

Note   No interpretation provisions specific to this Part.

448.2     Primary criteria

Note   The primary criteria must be satisfied by at least 1 member of a family unit. The other members of the family unit who are applicants for a visa of this Subclass need satisfy only the secondary criteria.

448.21       [No criteria to be satisfied at time of application]

448.22       Criteria to be satisfied at time of decision

448.221      (1)   The applicant meets the requirements of subclause (2) or (3).

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

                   (a)     was resident in Kosovo in the Federal Republic of Yugoslavia on 25 March 1999; and

                  (b)     has been displaced from Kosovo since 25 March 1999.

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

                   (a)     is a member of the immediate family of a holder of a Subclass 448 visa (the visa holder); and

                  (b)     was a member of the visa holder’s immediate family when the visa holder was first granted a Subclass 448 visa.

448.223      Grant of the visa would not result in either:

                   (a)     the number of Subclass 448 visas granted in a financial year exceeding the maximum number of Subclass 448 visas, as determined by Gazette Notice, that may be granted in that financial year; or

                  (b)     the number of visas of particular classes, including Subclass 448, granted in a financial year exceeding the maximum number of visas of those classes, as determined by Gazette Notice, that may be granted in that financial year.

448.224      The applicant satisfies public interest criteria 4002 and 4003.

448.225      If the applicant is outside Australia, the applicant has undergone a medical examination carried out by a medical practitioner approved by the Minister.

448.226      If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

448.3     Secondary criteria

Note   These criteria must be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria.

448.31       [No criteria to be satisfied at time of application]

448.32       Criteria to be satisfied at time of decision

448.321      The applicant:

                   (a)     is a member of the family unit of a person who, having met the requirements of subclause 448.221 (2), is the holder of a Subclass 448 visa; or

                  (b)     is a member of the immediate family of a person who, having met the requirements of subclause 448.221 (3), is the holder of a Subclass 448 visa.

448.322      The applicant satisfies public interest criteria 4002 and 4003.

448.323      If the applicant is outside Australia, the applicant has undergone a medical examination carried out by a medical practitioner approved by the Minister.

448.324      If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

448.4     Circumstances applicable to grant

448.411      The applicant may be in, or outside, Australia at time of grant.

448.5     When visa is in effect

448.511      Temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister.

448.6     Conditions

448.611      If the applicant is outside Australia at time of grant, conditions 8104, 8506 and 8529.

448.612      If the applicant is in Australia at time of grant, conditions 8104 and 8506.

448.613      Condition 8303 may be imposed.

448.7     Way of giving evidence

448.711      No evidence need be given.

448.712      If evidence is given, to be given by a label affixed to a valid passport or valid Convention travel document.

Subclass 449             Humanitarian Stay (Temporary)

449.1     Interpretation

Note   No interpretation provisions specific to this Part.

449.2     Primary criteria

Note   The primary criteria must be satisfied by at least 1 member of a family unit. Other members of the family unit, or members of the immediate family of a person, who are applicants for a visa of this subclass need satisfy only the secondary criteria.

449.21       [No criteria to be satisfied at time of application]

449.22       Criteria to be satisfied at time of decision

449.221      (1)   The applicant meets the requirements of subclause (2) or (3).

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

                   (a)     the applicant has been displaced from his or her place of residence, and:

                              (i)   cannot reasonably return to that place of residence; and

                             (ii)   is in grave fear of his or her personal safety because of the circumstances in which, or reasons why, he or she was displaced from that place of residence; or

                  (b)     the applicant has not been displaced from his or her place of residence, but:

                              (i)   there is a strong likelihood that the applicant will be displaced from that place of residence; and

                             (ii)   the applicant is in grave fear of his or her personal safety because of the circumstances in which, or reasons why, the applicant may be displaced from that place of residence.

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

                   (a)     is a member of the immediate family of a holder of a Subclass 449 visa (the visa holder); and

                  (b)     was a member of the visa holder’s immediate family when the visa holder was first granted a Subclass 449 visa.

449.223      Grant of the visa would not result in either:

                   (a)     the number of Subclass 449 visas granted in a financial year exceeding the maximum number of Subclass 449 visas, as determined by Gazette Notice, that may be granted in that financial year; or

                  (b)     the number of visas of particular classes, including Subclass 449, granted in a financial year exceeding the maximum number of visas of those classes, as determined by Gazette Notice, that may be granted in that financial year.

449.224      (1)   The applicant satisfies public interest criteria 4002 and 4003A.

                   (2)   The applicant satisfies public interest criterion 4007, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.

449.3     Secondary criteria

Note   These criteria must be satisfied by applicants who are members of the family unit, or members of the immediate family, of a person who satisfies the primary criteria.

449.31       [No criteria to be satisfied at time of application]

449.32       Criteria to be satisfied at time of decision

449.321      The applicant:

                   (a)     is a member of the family unit of a person who, having met the requirements of subclause 449.221 (2), is the holder of a Subclass 449 visa; or

                  (b)     is a member of the immediate family of a person who, having met the requirements of subclause 449.221 (3), is the holder of a Subclass 449 visa.

449.322      (1)   The applicant satisfies public interest criteria 4002 and 4003A.

                   (2)   The applicant satisfies public interest criterion 4007, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.

449.323      If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

449.4     Circumstances applicable to grant

449.411      If the application is made outside Australia, the applicant must be outside Australia at the time of grant.

449.412      If the application is made in Australia, the applicant must be in Australia at the time of grant.

449.5     When visa is in effect

449.511      Temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister.

449.6     Conditions

449.611      Condition 8506.

449.612      Condition 8101 or 8104 may be imposed.

449.612A   Condition 8303 may be imposed.

449.613      If the Minister is satisfied that it would be unreasonable to require an applicant to undergo assessment in relation to criterion 4007, condition 8529.

Note   See subclauses 449.224 (2) and 449.322 (2).

449.7     Way of giving evidence

449.711      No evidence need be given.

449.712      If evidence is given, to be given by a label affixed to a valid passport or valid Convention travel document.

Subclass 450             Resolution of Status — Family Member (Temporary)

450.1     Interpretation

Note   dependent child is defined in regulation 1.03, member of the family unit in regulation 1.12, and member of the immediate family in regulation 1.12AA. There are no interpretation provisions specific to this Part.

450.2     Primary criteria

Note   All applicants must satisfy the primary criteria.

450.21       Criteria to be satisfied at time of application

450.211      The applicant:

                   (a)     is either:

                              (i)   a member of the immediate family of a person (the sponsor) who:

                                   (A)   has made an application for a Resolution of Status (Temporary) (Class UH) visa mentioned in paragraph 1216A (3) (a) of Schedule 1; and

                                    (B)   on the basis of the information provided in that application, appears to satisfy the criteria in Subdivision 850.21; or

                             (ii)   a dependent child of the spouse or de facto partner of the sponsor, being a spouse or de facto partner who is an applicant for a Resolution of Status (Temporary) (Class UH) visa; and

                  (b)     is sponsored by the sponsor.

450.212      The applicant:

                   (a)     was, on 13 June 1997, a member of the immediate family of the sponsor; or

                  (b)     became a dependent child of the sponsor after that date; or

                   (c)     was, on 13 June 1997, a dependent child of the spouse or de facto partner of the sponsor.

450.213      In the application, by the sponsor, that is mentioned in sub‑subparagraph 450.211 (a) (i) (A), the applicant is:

                   (a)     identified as:

                              (i)   a member of the immediate family of the sponsor, except if the applicant became a dependent child of the sponsor after that date; or

                             (ii)   a dependent child of the spouse or de facto partner of the sponsor; and

                  (b)     sponsored by the sponsor.

450.22       Criteria to be satisfied at time of decision

450.221      The applicant continues to satisfy clause 450.211 and the sponsor is a person who, having satisfied the primary criteria, is the holder of a Subclass 850 (Resolution of Status (Temporary)) or Subclass 851 (Resolution of Status) visa.

450.222      The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009 and 4010.

450.223      Each member of the family unit of the applicant who is not an applicant for a Subclass 450 visa is a person who:

                   (a)     satisfies public interest criteria 4001, 4002, 4003 and 4004; and

                  (b)     satisfies public interest criterion 4007, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.

450.224      If the applicant is, or has been, a student under a scholarship scheme or training program approved by AusAID:

                   (a)     the applicant made the application more than 2 years after the applicant’s departure from Australia on ceasing the course of studies under the scheme or program; or

                  (b)     the applicant has the support in writing of AusAID for the grant of the visa.

450.225      If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.

450.226      If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

450.3     Secondary criteria: Nil.

Note   All applicants must satisfy the primary criteria.

450.4     Circumstances applicable to grant

450.411      The applicant must be outside Australia when the visa is granted.

Note   The second instalment of the visa application charge must be paid before the visa can be granted.

450.5     When visa is in effect

450.511      Temporary visa permitting the holder:

                   (a)     to travel to and enter Australia until a date specified by the Minister; and

                  (b)     to remain in Australia until the end of the day on which:

                              (i)   the holder is notified that the holder’s application for a Resolution of Status (Residence) (Class BL) visa has been decided; or

                             (ii)   that application is withdrawn.

450.6     Conditions

450.611      First entry must be made before a date specified by the Minister for the purpose.

450.612      Condition 8515 may be imposed.

450.7     Way of giving evidence

450.711      Visa label affixed to a valid passport.

Subclass 456             Business (Short Stay)

456.1     Interpretation

Note   No interpretation provisions specific to this Part.

456.2     Primary criteria

456.21       Criteria to be satisfied at time of application

456.211      The applicant:

                   (a)     seeks to enter Australia temporarily for business purposes; and

                 (aa)     has personal attributes and business background that are relevant to, and consistent with, the nature of the applicant’s proposed business in Australia; and

                 (ab)     demonstrates that there is need for the applicant to be in Australia for business purposes; and

                  (b)     proposes in the application to remain in Australia for not more than 3 months on any single occasion; and

                   (c)     has adequate funds for personal support during the period of his or her stay in Australia on each such occasion.

456.212      The applicant does not intend to engage in activities that will have adverse consequences for employment or training opportunities, or conditions of employment, for Australian citizens or Australian permanent residents.

456.213      The applicant does not intend to engage in:

                   (a)     any course:

                              (i)   leading to the completion of a primary or secondary education program; or

                             (ii)   leading to a degree, diploma, trade certificate or other formal award; or

                  (b)     any other course (other than a language training program) completion of which may be unconditionally credited towards, or accepted as a prerequisite for, a course of studies at a higher educational institution within or outside Australia.

456.22       Criteria to be satisfied at time of decision

456.221      (1)   The applicant meets the requirements of subclause (2) or (4).

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

                   (a)     the applicant continues to satisfy the criteria in clauses 456.211 and 456.212; and

                  (b)     the applicant satisfies the Minister that the expressed intention of the applicant only to stay in Australia temporarily for business purposes is genuine; and

                   (c)     satisfies:

                              (i)   public interest criteria 4001, 4002, 4003, 4004, 4011, 4013 and 4014; and

                             (ii)   except where the applicant is a person to whom subclause (4) applies, public interest criterion 4005; and

                  (d)     if the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002; and

                   (4)   The applicant is a person to whom this subclause applies if:

                   (a)     privileges and immunities are, or are expected to be, accorded to the applicant under the International Organisations (Privileges and Immunities) Act 1963 or the Overseas Missions (Privileges and Immunities) Act 1995; and

                  (b)     the Foreign Minister has recommended in writing to the Minister that the applicant should be granted the visa.

456.222      (1)   If the applicant is an AusAID student or an AusAID recipient, the applicant has the support of the AusAID Minister for the grant of the visa.

                   (2)   The Minister may waive the requirements of subclause (1) if the Minister is satisfied that, in the particular case, waiver is justified by:

                   (a)     compelling circumstances that affect the interests of Australia; or

                  (b)     compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.

456.223      The Minister is satisfied that:

                   (a)     the applicant is the holder of a valid passport that:

                              (i)   was issued to the applicant by an official source; and

                             (ii)   is in the form issued by the official source; or

                  (b)     it would be unreasonable to require the applicant to be the holder of a passport.

456.3     Secondary criteria

456.31       Criteria to be satisfied at the time of application

456.311      The applicant is the spouse, de facto partner, or a dependent child, of an applicant for a Temporary Business Entry (Class UC) visa who seeks to satisfy the criteria for the grant of a Subclass 456 (Business (Short Stay)) visa.

456.313      The applicant does not intend to engage in:

                   (a)     any course:

                              (i)   leading to the completion of a primary or secondary education program; or

                             (ii)   leading to a degree, diploma, trade certificate or other formal award; or

                  (b)     any other course (other than a language training program) completion of which may be unconditionally credited towards, or accepted as a prerequisite for, a course of studies at a higher educational institution within or outside Australia.

456.32       Criteria to be satisfied at time of decision

456.321      The applicant is a spouse, de facto partner or dependent child of a person who, having satisfied the primary criteria, is the holder of a Subclass 456 visa.

456.322      The applicant, or the person who satisfies the primary criteria, produces to the Minister evidence of adequate means to support the applicant during the period of stay applied for by the applicant.

456.323      The applicant:

                   (a)     satisfies public interest criteria 4001, 4002, 4003, 4004, 4011, 4013 and 4014; and

                  (b)     except where the applicant is the spouse, de facto partner or a dependent child, of a person to whom subclause 456.221 (4) applies — satisfies public interest criterion 4005.

456.325      If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.

456.326      If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

456.327      The applicant satisfies the Minister that the expressed intention of the applicant only to visit Australia is genuine.

456.328      (1)   If the applicant is an AusAID student or an AusAID recipient, the applicant has the support of the AusAID Minister for the grant of the visa.

                   (2)   The Minister may waive the requirements of subclause (1) if the Minister is satisfied that, in the particular case, waiver is justified by:

                   (a)     compelling circumstances that affect the interests of Australia; or

                  (b)     compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.

456.329      The Minister is satisfied that:

                   (a)     the applicant is the holder of a valid passport that:

                              (i)   was issued to the applicant by an official source; and

                             (ii)   is in the form issued by the official source; or

                  (b)     it would be unreasonable to require the applicant to be the holder of a passport.

456.4     Circumstances applicable to grant

456.411      The applicant must be outside Australia at the time of grant.

456.5     When visa is in effect

456.511      Subject to clause 456.514, a temporary visa permitting the holder:

                   (a)     to travel to, and enter, Australia on 1 or more occasions, as specified by the Minister, until a date, not later than 10 years after the date of grant of the visa, specified by the Minister; and

                  (b)     to remain in Australia after each entry for a period, not longer than 3 months, specified by the Minister.

456.514      If the visa is granted to the spouse, de facto partner or a dependent child of another person who is the holder of a Subclass 456 visa — a temporary visa having the same effect as the visa granted to that other person.

456.6     Conditions

456.611      Condition 8112 must be imposed.

456.612      Condition 8503 may be imposed.

456.7     Way of giving evidence

456.711      No evidence need be given.

456.712      If evidence is given, to be given by a label affixed to a valid passport.

Subclass 457             Business (Long Stay)

457.1     Interpretation

457.111      (1)   In this Part:

adverse information has the meaning given by subregulation 2.57 (3).

occupation includes an activity:

                   (a)     that was nominated under regulation 1.20G or 1.20GA as in force immediately prior to 14 September 2009; and

                  (b)     in relation to which the nomination has not ceased to have effect.

                   (2)   In this Part, a business is of benefit to Australia if:

                   (a)     the conduct of the business contributes to:

                              (i)   the creation or maintenance of employment for Australian citizens or Australian permanent residents; or

                             (ii)   expansion of Australian trade in goods or services; or

                            (iii)   the improvement of Australian business links with international markets; or

                            (iv)   competitiveness within sectors of the Australian economy; and

                  (b)     the operator of the business:

                              (i)   introduces to, or utilises or creates in, Australia new or improved technology or business skills; or

                             (ii)   has a satisfactory record of, or a demonstrated commitment towards, training Australian citizens and Australian permanent residents in the business in Australia.

Note   AUD, IASS agreement, labour agreement, ownership interest and standard business sponsor are defined in regulation 1.03.

                   (3)   In this Part:

                   (a)     a person is associated with a corporation, partnership, unincorporated association or other entity that has made a nomination in relation to an applicant for a visa in the same way in which, under subregulation 2.57 (2), a person is associated with an applicant; and

                  (b)     subregulation 2.57 (2) is to be applied as if a reference in that subregulation to an applicant were a reference to the person who has made the nomination in relation to the applicant; and

                   (c)     an expression in subregulation 2.57 (2) that is defined in subregulation 2.57 (1) has the meaning given by that subregulation.

457.2     Primary criteria

Note   The primary criteria must be satisfied by at least one applicant. Other applicants who are members of the family unit of the applicant who satisfies the primary criteria need satisfy only the secondary criteria.

457.21       Criteria to be satisfied at time of application

457.211      If the applicant is in Australia at the time of application:

                   (a)     the applicant holds a substantive visa, other than a Subclass 771 (Transit) visa or a special purpose visa; or

                  (b)     if the applicant does not hold a substantive visa at the time of application:

                              (i)   the last substantive visa held by the applicant was not a Subclass 771 (Transit) visa or a special purpose visa; and

                             (ii)   the applicant satisfies Schedule 3 criteria 3003, 3004 and 3005.

Note   Special purpose visa is defined in subsection 5 (1) of the Act.

457.22       Criteria to be satisfied at time of decision

457.221      If the applicant is in Australia, the applicant has complied substantially with the conditions that apply or applied to the last of any substantive visas held by the applicant, and to any subsequent bridging visa.

457.221A   If the applicant was outside Australia at the time of making their application, but inside Australia at the time of the decision on the application:

                   (a)     the applicant holds a substantive visa, other than a Subclass 771 (Transit) visa or a special purpose visa; or

                  (b)     if the applicant does not hold a substantive visa at the time of the decision on the application:

                              (i)   the last substantive visa held by the applicant was not a Subclass 771 (Transit) visa or a special purpose visa; and

                             (ii)   the applicant satisfies Schedule 3 criteria 3003, 3004 and 3005.

Note   Special purpose visa is defined in subsection 5 (1) of the Act.

457.223      (1)   The applicant meets the requirements of subclause (2), (4), (7A), (8), (9) or (10).

                   Labour agreements

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

                   (a)     the occupation specified in the application is the subject of a labour agreement; and

                  (b)     either:

                              (i)   both of the following apply:

                                   (A)   the applicant and a business activity specified in the application and relating to the applicant were the subject of an approved business nomination under regulation 1.20H as in force immediately prior to 14 September 2009; and

                                    (B)   the approval has not ceased to have effect under subregulation 1.20H (5) as in force immediately prior to 14 September 2009; or

                             (ii)   a nomination of an occupation in relation to the applicant:

                                   (A)   has been approved under section 140GB of the Act; and

                                    (B)   has not ceased to have effect under regulation 2.75; and

Note   The definition of occupation in clause 457.111 includes the activity mentioned in subparagraph (i).

                   (c)     the applicant is nominated by a party to the labour agreement; and

                  (d)     if the Minister requires the applicant to demonstrate that he or she has skills and experience that are suitable to perform the occupation — the applicant demonstrates that he or she has those skills and that experience in the manner specified by the Minister; and

                   (e)     the Minister is satisfied that the requirements of the labour agreement have been met in relation to the application; and

                   (f)     either:

                              (i)   there is no adverse information known to Immigration about a party to the labour agreement or a person associated with the party to the labour agreement; or

                             (ii)   it is reasonable to disregard any adverse information known to Immigration about a party to the labour agreement or a person associated with the party to the labour agreement.

Standard business sponsorship

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

                   (a)     either:

                              (i)   if the applicant and a business activity specified in the application and relating to the applicant were the subject of an approved business nomination under regulation 1.20H as in force immediately prior to 14 September 2009:

                                   (A)   the nomination was made by a person who was a standard business sponsor at the time the nomination was approved; and

                                    (B)   the approval of the nomination has not ceased to have effect under subregulation 1.20H (5) as in force immediately prior to 14 September 2009; or

                             (ii)   if a nomination of an occupation in relation to the applicant has been approved under section 140GB of the Act:

                                   (A)   the nomination was made by a person who was a standard business sponsor at the time the nomination was approved; and

                                    (B)   the approval of the nomination has not ceased as provided for in regulation 2.75; and

Note   The definition of occupation in clause 457.111 includes the activity mentioned in subparagraph (i).

                 (aa)     the nominated occupation is specified in an instrument in writing for paragraph 2.72 (10) (a) or (aa) that is in effect; and

                 (ba)     if the business activities of the person who made the approved nomination include activities relating to either or both of:

                              (i)   the recruitment of labour for supply to other unrelated businesses; and

                             (ii)   the hiring of labour to other unrelated businesses;

                            either:

                            (iii)   the occupation is undertaken in a position with a business, or an associated entity, of the person who made the approved nomination; or

                            (iv)   the occupation is specified by the Minister in an instrument in writing for this subparagraph; and

                  (d)     the Minister is satisfied that:

                              (i)   the applicant’s intention to perform the occupation is genuine; and

                             (ii)   the position associated with the nominated occupation is genuine; and

                   (e)     if the Minister requires the applicant to demonstrate that he or she has the skills that are necessary to perform the occupation — the applicant demonstrates that he or she has those skills in the manner specified by the Minister; and

                 (ea)     if:

                              (i)   the applicant would be required to hold a licence, registration or membership that is mandatory to perform the occupation nominated in relation to the applicant; and

                             (ii)   in order to obtain the licence, registration or membership, the applicant would need to demonstrate a level of English language proficiency equivalent to the level of English language proficiency that is required to achieve an IELTS test score of more than 5 in each of the 4 test components of speaking, reading, writing and listening;

                            the applicant has proficiency in English of at least the standard required for the grant (however described) of the licence, registration or membership; and

                 (eb)     if:

                              (i)   the applicant is not an exempt applicant; and

                             (ii)   subclause (6) does not apply to the applicant; and

                            (iii)   at least 1 of subparagraphs (ea) (i) and (ii) does not apply;

                            the applicant has a level of English language proficiency that is required to achieve an IELTS test score of at least 5 in each of the 4 test components of speaking, reading, writing and listening; and

                 (ec)     if the Minister requires the applicant to demonstrate his or her English language proficiency — the applicant demonstrates his or her English language proficiency in the manner specified by the Minister; and

                   (f)     either:

                              (i)   there is no adverse information known to Immigration about the person who made the approved nomination mentioned in paragraph (a) or a person associated with that person; or

                             (ii)   it is reasonable to disregard any adverse information known to Immigration about the person who made the approved nomination mentioned in paragraph (a) or a person associated with that person.

                   (6)   This subclause applies to an applicant if:

                   (a)     the applicant will be paid, in connection with the occupation nominated in relation to the applicant, a level of salary that is at least the level of salary worked out in a way specified by the Minister in an instrument in writing for this paragraph; and

                  (b)     the Minister considers that granting a Subclass 457 visa to the applicant would be in the interests of Australia.

                   Independent executives

                   (7A)   The applicant meets the requirements of this subclause if:

                   (a)     either:

                              (i)   the applicant holds a Subclass 457 visa granted on the basis that:

                                   (A)   the applicant met the requirements of subclause (7) as in force immediately before 14 September 2009; or

                                    (B)   the applicant met the requirements of Subdivision 457.32 as the spouse or de facto partner of a person who held a Subclass 457 visa granted on the basis that he or she met the requirements of subclause (7) as in force immediately before 14 September 2009; or

                             (ii)   the applicant does not hold a substantive visa, and the last substantive visa held by the applicant was of a kind mentioned in subparagraph (i); and

                  (b)     on the day on which the application is made:

                              (i)   the applicant had been conducting the business in Australia as a principal for at least 15 months; or

                             (ii)   if the applicant had been conducting the business in Australia as a principal for less than 15 months — a government of a State or Territory had endorsed the business as beneficial to the State or Territory; and

                   (c)     the Minister is satisfied that:

                              (i)   the business is of benefit to Australia; and

                             (ii)   the applicant has a genuine and realistic commitment:

                                   (A)   to maintain an ownership interest in the business; and

                                    (B)   to maintain a direct and continuous involvement in the management of the business; and

                                    (C)   to make decisions that affect the overall direction and performance of the business from day to day; and

                            (iii)   either:

                                   (A)   there is no adverse information known to Immigration about the applicant or a person associated with the applicant; or

                                    (B)   it is reasonable to disregard any adverse information known to Immigration about the applicant or a person associated with the applicant; and

                            (iv)   the applicant has net assets of:

                                   (A)   not less than AUD250,000; or

                                    (B)   a lesser amount that is adequate;

                                    to conduct the business; and

                             (v)   the applicant has demonstrated that there is need for the applicant to be temporarily resident in Australia to conduct the business.

                   Service sellers

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

                   (a)     the applicant:

                              (i)   is a representative of a supplier of services who is located outside Australia; and

                             (ii)   proposes to represent the supplier in Australia; and

                  (b)     the representation involves negotiating, or entering into agreements, for the sale of services but does not involve the actual supply, or direct sale, of the services; and

                   (c)     the Minister is satisfied that the proposal has not been made only for the purposes of securing the entry of the applicant to Australia.

                   Persons accorded certain privileges and immunities

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

                   (a)     the applicant is a person to whom privileges and immunities will be accorded under the International Organisations (Privileges and Immunities) Act 1963 or the Overseas Missions (Privileges and Immunities) Act 1995; and

                  (b)     the Foreign Minister has recommended in writing to the Minister that the applicant should be granted the visa.

                   IASS agreements

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

                   (a)     the occupation specified in the application is the subject of an IASS agreement; and

                   (c)     the party to the IASS agreement has agreed in writing to be the sponsor for the visa applicant; and

                  (d)     the requirements of the IASS agreement have been met in relation to the application.

                   (11)   In subclause (4):

exempt applicant means an applicant who is in a class of applicants specified by the Minister in an instrument in writing for this subclause.

457.223B   For an applicant other than an applicant who has met the requirements of subclause 457.223 (8) or subclause 457.223 (9) — the Minister is satisfied that the applicant has adequate arrangements in Australia for health insurance during the period of the applicant’s intended stay in Australia.

457.223C   If the nominated occupation is a medical practitioner, the applicant’s qualifications are recognised by the relevant authority in Australia for the registration of medical practitioners as entitling the applicant to practise as a medical practitioner.

457.224      The applicant satisfies:

                   (a)     public interest criteria 4001, 4002, 4003, 4004, 4010, 4013, 4014 and 4020; and

                  (b)     if:

                              (i)   the applicant is the holder of a visa granted on the basis that the applicant met the requirements of subclause 457.223 (7); and

                             (ii)   the applicant seeks a visa on the basis that the applicant meets the requirements of subclause 457.223 (7A);

                            public interest criterion 4005; and

                   (c)     if the applicant does not seek a visa on the basis that the applicant meets the requirements of subclause 457.223 (9) — public interest criterion 4006A; and

                  (d)     if paragraph (c) applies to the applicant and the applicant had turned 18 at the time of application — public interest criterion 4019.

457.225      If:

                   (a)     the applicant is outside Australia; and

                  (b)     the applicant has previously been in Australia;

                   the applicant satisfies special return criteria 5001 and 5002.

457.226      (1)   If the applicant is an AusAID student or an AusAID recipient, the applicant has the support of the AusAID Minister for the grant of the visa.

                   (2)   The Minister may waive the requirements of subclause (1) if the Minister is satisfied that, in the particular case, waiver is justified by:

                   (a)     compelling circumstances that affect the interests of Australia; or

                  (b)     compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.

457.226A   If:

                   (a)     the applicant was the holder of a Student (Temporary) (Class TU) visa at the time of making the application for a Temporary Business Entry (Class UC) visa; and

                  (b)     is a fully funded student within the meaning given by clause 5A103,

                   the Minister is satisfied that it would not be detrimental to Australia’s policies in relation to overseas students to grant the visa.

457.227      (1)   In relation to the family unit of an applicant who seeks to meet the requirements of subclause 457.223 (7A),
each member of the family unit who is an applicant for a Subclass 457 visa is a person who:

                   (a)     satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010, 4013, 4014 and 4020; and

                 (aa)     if the person had turned 18 at the time of application, satisfies public interest criterion 4019; and

                  (b)     if the person has previously been in Australia, satisfies special return criteria 5001 and 5002.

                   (2)   In relation to the family unit of an applicant who seeks to meet the requirements of subclause 457.223 (7A), each member of the family unit who is not an applicant for a Subclass 457 visa is a person who:

                   (a)     satisfies public interest criteria 4001, 4002, 4003 and 4004; and

                  (b)     satisfies public interest criterion 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.

457.228      The Minister is satisfied that:

                   (a)     the applicant is the holder of a valid passport that:

                              (i)   was issued to the applicant by an official source; and

                             (ii)   is in the form issued by the official source; or

                  (b)     it would be unreasonable to require the applicant to be the holder of a passport.

457.3     Secondary criteria

457.31       [No criteria to be satisfied at time of application.]

457.32       Criteria to be satisfied at time of decision

457.321      The applicant is a member of the family unit of a person (the primary applicant) who, having satisfied the primary criteria, is the holder of a Subclass 457 visa.

457.322      If:

                   (a)     the applicant is outside Australia; and

                  (b)     the application is made separately from that of the primary applicant;

                   the primary applicant is, or is expected soon to be, in Australia.

457.323      If the applicant is in Australia, the applicant has complied substantially with the conditions that apply or applied to the last of any substantive visas held by the applicant, and to any subsequent bridging visa.

457.324      (1)   The applicant is included in any nomination that is required in respect of the primary applicant in accordance with approved form 1196N or 1196 (Internet).

                   (2)   If the applicant is not included in any nomination that is required in respect of the primary applicant in accordance with approved form 1196N or 1196 (Internet):

                   (a)     the standard business sponsor who has the most recent approved nomination under section 140GB of the Act, or under regulation 1.20H as in force immediately prior to 14 September 2009, of an occupation in relation to the primary applicant has agreed in writing that the applicant may be a secondary sponsored person in relation to the standard business sponsor; or

                  (b)     the former standard business sponsor who has the most recent approved nomination under section 140GB of the Act, or under regulation 1.20H as in force immediately prior to 14 September 2009, of an occupation in relation to the primary applicant has agreed in writing that the applicant may be a secondary sponsored person in relation to the former standard business sponsor; or

                   (c)     a party to the labour agreement who has the most recent approved nomination under section 140GB of the Act, or under regulation 1.20H as in force immediately prior to 14 September 2009, of an occupation in relation to the primary applicant has agreed in writing that the applicant may be a secondary sponsored person in relation to that party; or

                  (d)     a former party to the labour agreement who has the most recent approved nomination under section 140GB of the Act, or under regulation 1.20H as in force immediately prior to 14 September 2009, of an occupation in relation to the primary applicant has agreed in writing that the applicant may be a secondary sponsored person in relation to that former party.

457.324B   Either:

                   (a)     there is no adverse information known to Immigration about the person who made the approved nomination mentioned in paragraph 457.223 (2) (b) or 457.223 (4) (a); or

                  (b)     it is reasonable to disregard any adverse information known to Immigration about the person who made the approved nomination mentioned in paragraph 457.223 (2) (b) or 457.223 (4) (a), or a person associated with that person.

457.324D   Except for an applicant who seeks to satisfy the secondary criteria on the basis of being a member of the family unit of the primary applicant who has met the requirements of subclause 457.223 (8) or subclause 457.223 (9), the Minister is satisfied that the applicant has adequate arrangements in Australia for health insurance during the period of the applicant’s intended stay in Australia.

457.325      The applicant:

                   (a)     satisfies public interest criteria 4001, 4002, 4003, 4004, 4010, 4013, 4014 and 4020; and

                  (b)     satisfies public interest criterion 4019, if:

                              (i)   the applicant had turned 18 at the time of application; and

                             (ii)   the applicant did not make an application with a primary applicant who seeks to meet the requirements of subclause 457.223 (9); and

                   (c)     if the applicant is a member of the family unit of an applicant who seeks to meet the requirements of subclause 457.223 (7A) — satisfies public interest criterion 4005; and

                  (d)     unless the applicant is a member of the family unit of a primary applicant who meets the requirements of subclause 457.223 (9) — satisfies public interest criterion 4006A.

457.326      If:

                   (a)     the applicant is outside Australia; and

                  (b)     the applicant has previously been in Australia;

                   the applicant satisfies special return criteria 5001 and 5002.

457.327      (1)   If the applicant is an AusAID student or an AusAID recipient, the applicant has the support of the AusAID Minister for the grant of the visa.

                   (2)   The Minister may waive the requirements of subclause (1) if the Minister is satisfied that, in the particular case, waiver is justified by:

                   (a)     compelling circumstances that affect the interests of Australia; or

                  (b)     compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.

457.328      If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

457.329      The Minister is satisfied that:

                   (a)     the applicant is the holder of a valid passport that:

                              (i)   was issued to the applicant by an official source; and

                             (ii)   is in the form issued by the official source; or

                  (b)     it would be unreasonable to require the applicant to be the holder of a passport.

457.4     Circumstances applicable to grant

457.411      The applicant may be in or outside Australia at the time of grant, but not in immigration clearance.

457.5     When visa is in effect

457.511      A temporary visa permitting the holder:

                   (a)     in the case of a holder who is in Australia at the time of grant — to remain in Australia for a period of not more than 4 years from the date of grant; and

                  (b)     in the case of a holder who is outside Australia at the time of grant — to remain in Australia for a period of not more than 4 years from the date of entry that is specified by the Minister; and

                   (c)     in the case of a holder of a visa granted on the basis
that the holder met the requirements of subclause 457.223 (7A) — to remain in Australia for a period of 2 years from the date of the grant; and

                 (ca)     in the case of a holder whose visa was granted on the basis that the holder met:

                              (i)   the requirements of subclause 457.223 (2); or

                             (ii)   the secondary criteria for the grant of the visa as a member of the family unit of a person who met the requirements of subclause 457.223 (2);

                            to remain in Australia until:

                            (iii)   the end of the period specified for the visa in the labour agreement mentioned in paragraph 457.223 (2); or

                            (iv)   if no period is specified in the labour agreement — the date on which the labour agreement ceases; and

                  (d)     in the case of a holder:

                              (i)   to whom paragraph (a), (b), (c) or (ca) would apply; and

                             (ii)   whose visa was granted on the basis that he or
she was a member of the family unit of the
holder of a visa in the circumstances described in subregulation 1.12 (10);

                            to remain in Australia until the earlier of:

                            (iii)   the end of the period in paragraph (a), (b) or (c) that would have applied to the holder; and

                            (iv)   the end of the day before the holder’s 21st birthday; and

                   (f)     in any case — to travel to, and enter, Australia on multiple occasions before the end of the relevant period.

457.6     Conditions

457.611      (1)   For:

                   (a)     an applicant other than an applicant who has met the requirements of subclause 457.223 (8) or subclause 457.223 (9); or

                  (b)     an applicant other than an applicant who seeks to satisfy the secondary criteria on the basis of being a member of the family unit of the primary applicant who has met the requirements of subclause 457.223 (8) or subclause 457.223 (9);

                   condition 8501.

                   (2)   If the applicant satisfies the primary criteria, condition 8107 applies unless the applicant meets the requirements of subclause 457.223 (7A).

                   (3)   Any 1 or more of conditions 8303, 8502, 8516, 8522, 8525 and 8526 may be imposed.

457.7     Way of giving evidence

457.711      No evidence need be given.

457.712      If evidence is given, to be given by a label affixed to a valid passport.

Subclass 459             Sponsored Business Visitor (Short Stay)

459.1     Interpretation

Note   AusAID Minister, AusAID recipient, AusAID student, Australian permanent resident, dependent child and settled are defined in regulation 1.03, sponsor is defined in regulation 1.20, de facto partner is defined in section 5CB of the Act (also see regulation 1.09A), and spouse is defined in section 5F of the Act (also see regulation 1.15A).

459.2     Primary criteria

Note   The primary criteria must be satisfied by at least one member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria.

459.21       Criteria to be satisfied at time of application

459.211      The applicant:

                   (a)     seeks to enter Australia temporarily for business purposes; and

                  (b)     has personal attributes and business background that are relevant to, and consistent with, the nature of the applicant’s proposed business in Australia; and

                   (c)     demonstrates that there is need for the applicant to be in Australia for business purposes; and

                  (d)     proposes in the application to remain in Australia for not more than 3 months; and

                   (e)     has adequate funds for personal support during the period of the proposed visit to Australia.

459.212      The applicant does not intend to engage in activities that will have adverse consequences for employment or training opportunities, or conditions of employment, for Australian citizens or Australian permanent residents.

459.213      The applicant does not intend to engage in:

                   (a)     any course:

                              (i)   leading to the completion of a primary or secondary education program; or

                             (ii)   leading to a degree, diploma, trade certificate or other formal award; or

                  (b)     any other course (other than a language training program) completion of which may be unconditionally credited towards, or accepted as a prerequisite for, a course of studies at a higher educational institution within or outside Australia.

459.214      The applicant is sponsored by:

                   (a)     a settled Australian citizen, or a settled Australian permanent resident, who:

                              (i)   is a member of the Commonwealth Parliament or a State Parliament; or

                             (ii)   is a member of the Legislative Assembly of the Australian Capital Territory or the Northern Territory; or

                            (iii)   holds the office of mayor; or

                  (b)     a Commonwealth government agency or instrumentality or a State or Territory government agency or instrumentality; or

                   (c)     an organisation specified in a Gazette Notice for this paragraph.

459.22       Criteria to be satisfied at time of decision

459.221      The applicant continues to satisfy the criteria in clauses 459.211 to 459.214.

459.222      The sponsorship referred to in subclause 459.214 has been approved by the Minister and is still in force.

459.223      The applicant satisfies the Minister that the expressed intention of the applicant only to visit Australia temporarily for business purposes is genuine.

459.224      A security has been lodged, if asked for by an officer authorised under section 269 of the Act (which deals with security for compliance with the Act).

459.225      (1)   If the applicant is an AusAID student or an AusAID recipient, the applicant has the support of the AusAID Minister for the grant of the visa.

                   (2)   The Minister may waive the requirements of subclause (1) if the Minister is satisfied that, in the particular case, waiver is justified by:

                   (a)     compelling circumstances that affect the interests of Australia; or

                  (b)     compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.

459.226      The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4011, 4013 and 4014.

459.227      If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.

459.228      The Minister is satisfied that the applicant intends to comply with any conditions subject to which the visa is granted.

459.229      The Minister is satisfied that:

                   (a)     the applicant is the holder of a valid passport that:

                              (i)   was issued to the applicant by an official source; and

                             (ii)   is in the form issued by the official source; or

                  (b)     it would be unreasonable to require the applicant to be the holder of a passport.

459.3     Secondary criteria

459.31       Criteria to be satisfied at time of application

459.311      The applicant is the spouse, de facto partner or a dependent child, of a person who is an applicant for a Subclass 459 visa who seeks a visa to remain in Australia temporarily for a period of 3 months or less.

459.312      The sponsorship referred to in clause 459.214 in respect of the person who satisfies the primary criteria includes sponsorship of the applicant.

459.313      The applicant does not intend to engage in:

                   (a)     any course:

                              (i)   leading to the completion of a primary or secondary education program; or

                             (ii)   leading to a degree, diploma, trade certificate or other formal award; or

                  (b)     any other course (other than a language training program) completion of which may be unconditionally credited towards, or accepted as a prerequisite for, a course of studies at a higher educational institution within or outside Australia.

459.32       Criteria to be satisfied at time of decision

459.321      The applicant is the spouse, de facto partner or a dependent child, of a person who, having satisfied the primary criteria, is the holder of a Subclass 459 visa.

459.322      The sponsorship referred to in clause 459.214 in respect of the person who satisfies the primary criteria:

                   (a)     includes sponsorship of the applicant; and

                  (b)     has been approved by the Minister; and

                   (c)     is still in force.

459.323      A security has been lodged, if asked for by an officer authorised under section 269 of the Act (which deals with security for compliance with the Act).

459.324      The applicant, or the person who satisfies the primary criteria, produces to the Minister evidence of adequate means to support the applicant during the period of stay applied for by the applicant.

459.325      The applicant satisfies the Minister that the expressed intention of the applicant only to visit Australia is genuine.

459.326      (1)   If the applicant is an AusAID student or an AusAID recipient, the applicant has the support of the AusAID Minister for the grant of the visa.

                   (2)   The Minister may waive the requirements of subclause (1) if the Minister is satisfied that, in the particular case, waiver is justified by:

                   (a)     compelling circumstances that affect the interests of Australia; or

                  (b)     compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.

459.327      The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4011, 4013 and 4014.

459.328      If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.

459.329      If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

459.330      The Minister is satisfied that:

                   (a)     the applicant is the holder of a valid passport that:

                              (i)   was issued to the applicant by an official source; and

                             (ii)   is in the form issued by the official source; or

                  (b)     it would be unreasonable to require the applicant to be the holder of a passport.

459.4     Circumstances applicable to grant

459.411      The applicant must be outside Australia at the time of grant.

459.5     When visa is in effect

459.511      Temporary visa permitting the holder:

                   (a)     to travel to and enter Australia on 1 or more occasions until a date specified by the Minister for the purpose; and

                  (b)     to remain in Australia for a period, not longer than 3 months after the date of each entry, specified by the Minister for the purpose.

459.6     Conditions

459.611      If the applicant satisfies the primary criteria, condition 8112.

459.612      If the applicant satisfies the primary criteria, conditions 8106, 8503 and 8531 may be imposed.

459.613      If the applicant is the spouse or de facto partner of the person who satisfies the primary criteria for a Subclass 459 visa and the applicant satisfies the secondary criteria, condition 8101.

459.613A   If the applicant is the spouse or de facto partner of the person who satisfies the primary criteria for a Subclass 459 visa and the applicant satisfies the secondary criteria, conditions 8503 and 8531 may be imposed.

459.615      If the applicant is a dependent child of the person who satisfies the primary criteria for a Subclass 459 visa and the applicant satisfies the secondary criteria, conditions 8101, 8503 and 8531 may be imposed.

459.7     Way of giving evidence

459.711      No evidence need be given.

459.712      If evidence is given, to be given by a label affixed to a valid passport.

Subclass 461             New Zealand Citizen Family Relationship (Temporary)

461.1     Interpretation

Note   There are no interpretation provisions specific to this Part.

461.2     Primary criteria

Note   All applicants must meet the primary criteria.

461.21       Criteria to be satisfied at time of application

461.211      The applicant is not a New Zealand citizen. 

461.212      (1)   The applicant meets the requirements of subclause (2), (3) or (4).

                   (2)   An applicant meets the requirements of this subclause if the applicant is a member of the family unit of:

                   (a)     a person who is in Australia as the holder of a Subclass 444 (Special Category) visa; or

                  (b)     a person who:

                              (i)   is outside Australia; and

                             (ii)   will be accompanying the applicant to Australia; and

                            (iii)   will, on entry, be the holder of a special category visa.

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

                   (a)     either:

                              (i)   is in Australia as the holder of a Subclass 461 (New Zealand Citizen Family Relationship (Temporary)) visa; or

                             (ii)   is not the holder of a substantive visa and the last substantive visa held by the applicant was a Subclass 461 visa; and

                  (b)     is no longer a member of the family unit of the person
in relation to whom the applicant was granted a Subclass 461 visa; and

                   (c)     has not become a member of the family unit of another person (whether or not the applicant is still a member of the family unit of that other person). 

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

                   (a)     is outside Australia; and

                  (b)     either:

                              (i)   the applicant was lawfully present in Australia as the holder of a Subclass 461 visa for a period of, or periods that total, not less than 2 years in the period of 5 years immediately before the application for the visa; or

                             (ii)   the Minister is satisfied that the applicant:

                                   (A)   has substantial business, cultural, employment or personal ties with Australia which are of benefit to Australia; and

                                    (B)   has not been absent from Australia for
a continuous period of 5 years or more immediately before the application for the visa, unless there are compelling reasons for the absence; and

                   (c)     on last departure from Australia was a holder of a Subclass 461 visa; and

                  (d)     is no longer a member of the family unit of the person
in relation to whom the applicant was granted a Subclass 461 visa; and

                   (e)     has not become a member of the family unit of another person (whether or not the applicant is still a member of the family unit of that other person). 

461.213      If the application is made in Australia, the applicant:

                   (a)     is the holder of a substantive temporary visa other
than a Subclass 426 (Domestic Worker (Temporary) — Diplomatic or Consular) visa; or

                  (b)     does not hold a substantive visa and:

                              (i)   immediately before ceasing to hold such a visa was the holder of a substantive temporary visa other than a Subclass 426 visa; and

                             (ii)   satisfies Schedule 3 criteria 3002, 3003, 3004 and 3005.

461.22       Criteria to be satisfied at time of decision

461.221      The applicant continues to satisfy the criterion in subclause 461.212 (1).

461.222      The Minister is satisfied that the applicant intends to comply with any conditions subject to which the visa is granted. 

461.223      The applicant:

                   (a)     satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4010, 4013 and 4014; and

                  (b)     if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.

461.224      If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

461.225      If the application is made in Australia, the applicant has complied substantially with the conditions that apply or applied to the last of any substantive visas held by the applicant, and to any subsequent bridging visa.

461.226      If the application is made outside Australia and the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.

461.227      The Minister is satisfied that:

                   (a)     the applicant is the holder of a valid passport that:

                              (i)   was issued to the applicant by an official source; and

                             (ii)   is in the form issued by the official source; or

                  (b)     it would be unreasonable to require the applicant to be the holder of a passport.

461.3     Secondary criteria

Note   All applicants must satisfy the primary criteria.

461.4     Circumstances applicable to grant

461.411      If the application is made outside Australia, the applicant must be outside Australia at the time of grant.

461.412      If the application is made in Australia, the applicant must be in Australia at the time of grant.

461.5     When visa is in effect

461.511      Temporary visa permitting the holder to travel to, and enter and remain in, Australia for a period of 5 years from the date of grant.

461.6     Conditions

461.611      Either or both of conditions 8303 and 8501 may be imposed.

461.7     Way of giving evidence

461.711      No evidence need be given.

461.712      If evidence is given, to be given by a label affixed to a valid passport.

Subclass 462             Work and Holiday

462.1     Interpretation

Note   There are no interpretation provisions specific to this Part. AusAID recipient and AusAID student are defined in regulation 1.03.

462.2     Primary criteria

Note   All applicants must satisfy the primary criteria.

462.21       Criteria to be satisfied at time of application

462.211      If the applicant:

                   (a)     does not hold a Subclass 462 (Work and Holiday) visa; and

                  (b)     is not a member of a class of persons specified by the Minister, by an instrument in writing, for subparagraph 1224A (3) (b) (iii) of Schedule 1;

                   the applicant satisfies the criteria in clauses 462.212, 462.213, 462.215, 462.216 and 462.217.

462.211A   If:

                   (a)     the applicant holds a Subclass 462 (Work and Holiday) visa; or

                  (b)     the applicant:

                              (i)   does not hold a Subclass 462 (Work and Holiday) visa; and

                             (ii)   is a member of a class of persons specified by
the Minister, by an instrument in writing, for subparagraph 1224A (3) (b) (iii) of Schedule 1;

                   the applicant satisfies the criteria in clause 462.212 and clauses 462.214 to 462.217.

462.212      The applicant is at least 18 but has not turned 31.

462.213      (1)   The applicant has provided with the application a letter:

                   (a)     from the government of a foreign country with which the Australian Government has an arrangement mentioned in clause 462.216; and

                  (b)     that includes a statement to the effect that the government of the foreign country has agreed to the applicant’s stay in Australia under the arrangement.

                   (2)   The applicant holds a valid passport issued by the foreign country mentioned in subclause (1).

462.214      The applicant holds a valid passport issued by a foreign country specified in an instrument in writing made under paragraph 1224A (3) (a) of Schedule 1.

462.215      The Minister is satisfied that the applicant has at least functional English.

Note   functional English is defined in subsection 5 (2) of the Act.

462.216      The Minister is satisfied that the application meets the requirements of an arrangement between the Australian Government and the government of a foreign country specified in an instrument in writing made under paragraph 1224A (3) (a) of Schedule 1.

462.217      The Minister is satisfied that the applicant:

                   (a)     seeks to enter or remain in Australia as a genuine visitor whose principal purpose is to spend a holiday in Australia; and

                  (b)     has sufficient money for:

                              (i)   the fare to the applicant’s intended overseas destination on leaving Australia; and

                             (ii)   personal support for the purposes of a working holiday; and

                   (c)     will not be accompanied by dependent children during the applicant’s stay in Australia unless the applicant is a member of a class of persons specified by the Minister in an instrument in writing for this paragraph.

462.22       Criteria to be satisfied at time of decision

462.221      The applicant:

                   (a)     continues to satisfy the criteria in clauses 462.215, 462.216 and 462.217; and

                 (aa)     continues to hold the passport mentioned in paragraph 1224A (3) (a) of Schedule 1, or a valid replacement passport issued by the country concerned; and

                  (b)     satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4011, 4013, 4014 and 4019; and

                   (c)     is the holder of an educational qualification specified in an instrument in writing for this paragraph, in relation to the foreign country that issued the passport mentioned in paragraph (aa); and

                   (e)     is not an AusAID student or an AusAID recipient.

462.222      If the applicant:

                   (a)     was outside Australia at the time of application; and

                  (b)     has previously been in Australia;

                   the applicant satisfies special return criteria 5001 and 5002.

462.223      The Minister is satisfied that the applicant intends to comply with any conditions subject to which the visa is granted.

462.3     Secondary criteria

Note   All applicants must meet the primary criteria.

462.4     Circumstances applicable to grant

462.411      If the applicant is outside Australia at the time of application, the applicant must be outside Australia at the time of grant.

462.412      If the applicant is in Australia at the time of application, the applicant must be in Australia, but not in immigration clearance, at the time of grant.

462.5     When visa is in effect

462.511      If the applicant is outside Australia at the time of grant — temporary visa permitting the holder:

                   (a)     to travel to and enter Australia within 12 months after the date of the grant of the visa; and

                  (b)     to travel to, enter and remain in Australia until 12 months after the date of first entry to Australia.

462.512      If the applicant is in Australia at the time of grant — temporary visa permitting the holder to travel to, enter and remain in Australia until 12 months after the date of grant.

462.6     Conditions

462.611      Conditions 8547 and 8548.

462.612      Any 1 or more of conditions 8303, 8501, 8503, 8516 and 8540 may be imposed, unless an application is decided by the use of a computer program in accordance with an arrangement under section 495A of the Act.

462.7     Way of giving evidence

462.711      No evidence need be given.

462.712      If evidence is given, to be given by a label affixed to a valid passport.

Subclass 470             Professional Development

470.1     Interpretation

470.111      In this Part:

professional development agreement and overseas employer have the same meaning as in regulation 2.57.

Note   professional development sponsor is defined in regulation 1.03.

470.112      In this Part:

professional development agreement, in relation to an applicant, means the professional development agreement that the applicant’s professional development sponsor has with the applicant’s overseas employer.

470.2     Primary criteria

Note   All applicants must satisfy the primary criteria.

470.21       [No criteria to be satisfied at time of application]

470.22       Criteria to be satisfied at time of decision

470.221      Either:

                   (a)     the applicant has turned 18; or

                  (b)     the applicant has not turned 18, and the Minister is satisfied that exceptional circumstances exist for the grant of the visa.

470.222      The applicant nominated a professional development sponsor as the applicant’s sponsor in the application for the visa.

470.222A   The professional development sponsor nominated by the applicant:

                   (a)     has not ceased to be an approved sponsor; and

                  (b)     has not withdrawn the agreement, in writing, to be a professional development sponsor in relation to the applicant; and

                   (c)     is not barred from sponsoring the applicant under paragraph 140M (1) (c) of the Act.

Note   approved sponsor is defined in subsection 5 (1) of the Act.

470.223      The professional development sponsor is satisfied that the applicant:

                   (a)     will undertake the professional development program mentioned in the visa application; and

                  (b)     has managerial or other professional skills and work experience that are relevant to that program.

470.224      If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.

470.226      The applicant:

                   (a)     has an overseas employer; and

                  (b)     is in a managerial or professional position in relation to the overseas employer.

470.227      The Minister is satisfied that there is no information indicating that any of the parties to the professional development agreement are unable to meet their financial commitments under the agreement.

470.229      The Minister is satisfied that the applicant is a genuine applicant for entry to Australia to undertake the professional development program conducted by or for the professional development sponsor, having regard to:

                   (a)     the applicant’s previous compliance with the immigration laws of Australia; and

                  (b)     the stated intention of the applicant to comply with any conditions subject to which the visa is granted; and

                   (c)     any other relevant matter.

470.230      The applicant gives to the Minister evidence of adequate arrangements in Australia for health insurance during the period of the applicant’s intended stay in Australia.

470.231      The applicant:

                   (a)     satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4013 and 4014; and

                  (b)     if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.

470.232      The applicant gives to the Minister evidence that the professional development sponsor is satisfied in relation to the applicant’s English language proficiency for the purposes of undertaking the professional development program mentioned in the visa application.

470.233      The Minister is satisfied that:

                   (a)     the applicant is the holder of a valid passport that:

                              (i)   was issued to the applicant by an official source; and

                             (ii)   is in the form issued by the official source; or

                  (b)     it would be unreasonable to require the applicant to be the holder of a passport.

470.234      The Minister is satisfied that there is no evidence to suggest that the applicant is unable to meet the costs (if any) specified in the professional development agreement as costs that the applicant will meet.

470.3     Secondary criteria: Nil.

Note   All applicants must satisfy the primary criteria.

470.4     Circumstances applicable to grant

470.411      The applicant must be outside Australia at the time of grant.

470.5     When visa is in effect

470.511      Temporary visa permitting the holder:

                   (a)     to travel to, and enter, Australia on 1 or more occasions until a date specified by the Minister for the purpose; and

                  (b)     to remain in Australia until a date specified by the Minister for the purpose.

470.6     Conditions

470.611      Conditions 8102, 8501, 8503, 8514, 8516, 8531 and 8536.

470.7     Way of giving evidence

470.711      No evidence need be given.

470.712      If evidence is given, to be given by a label affixed to a valid passport.

Subclass 475             Skilled — Regional Sponsored

475.1     Interpretation

475.111      In this Part:

degree has the same meaning as in subregulation 2.26A (6).

diploma has the same meaning as in subregulation 2.26A (6).

employed has the meaning given by subregulation 2.26A (7).

trade qualification has the same meaning as in subregulation 2.26A (6).

Note 1   Regulation 1.03 provides that Australian study requirement has the meaning set out in regulation 1.15F.

Note 3   For competent English, see regulation 1.15C.

Note 3A   For designated area, see regulation 1.03.

Note 4   For registered course, see regulation 1.03.

Note 5   For relevant assessing authority, see regulation 1.03.

Note 6   For skilled occupation, see regulation 1.03.

475.2     Primary criteria

Note   The primary criteria must be satisfied by at least 1 applicant. Other applicants who are members of the family unit of the applicant who satisfies the primary criteria need satisfy only the secondary criteria.

475.21       Criteria to be satisfied at time of application

475.211      (1)   If the applicant has nominated a skilled occupation which is specified by the Minister in an instrument in writing for this subclause, the applicant has been employed in the skilled occupation for at least 12 months in the period of 24 months ending immediately before the day on which the application was made.

                   (2)   If the applicant has not nominated a skilled occupation as described in subclause (1):

                   (a)     the applicant has been employed in a skilled occupation for at least 12 months in the period of 24 months ending immediately before the day on which the application was made; or

                  (b)     the following requirements are met:

                              (i)   the applicant satisfied the Australian study requirement in the period of 6 months ending immediately before the day on which the application was made;

                             (ii)   each degree, diploma or trade qualification used
to satisfy the Australian study requirement is closely related to the applicant’s nominated skilled occupation.

475.212      (1)   The skills of the applicant have been assessed by the relevant assessing authority as suitable for the applicant’s nominated skilled occupation.

                   (2)   If the assessment mentioned in subclause (1) is made on the basis of a qualification obtained in Australia while the applicant was the holder of a student visa, the qualification was obtained as a result of studying a registered course.

475.214      The applicant has competent English.

475.22       Criteria to be satisfied at time of decision

475.221      The applicant has the qualifying score when assessed in relation to the visa under Subdivision B of Division 3 of Part 2 of the Act.

Note   That Subdivision of the Act provides in sections 92 to 96 for the application of a points system, under which applicants for relevant visas are given an assessed score based on the prescribed number of points for particular attributes, which is assessed against the relevant pool mark and pass mark.

The prescribed points and the manner of their allocation are provided for in Division 2.6 and Schedules 6B and 6C of these Regulations. Pool marks and pass marks are set from time to time by the Minister by instrument (Act, section 96).

475.222      (1)   Either:

                   (a)     if the applicant was nominated by a State or Territory government agency in accordance with subitem 1228 (3A) of Schedule 1 at the time of making the application — the requirements of subclause (2) are met; or

                  (b)     if the applicant was sponsored in accordance with subitem 1228 (3B) at the time of making the application — the requirements of subclause (3) are met.

                   (2)   The Minister has accepted the nomination mentioned in subitem 1228 (3A) of Schedule 1.

                   (3)   All of the following requirements are met:

                   (a)     the applicant, and all persons included in the application, are sponsored by a person who:

                              (i)   has turned 18; and

                             (ii)   is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen; and

                            (iii)   is usually resident in a designated area of Australia; and

                            (iv)   is related to the applicant, or the applicant’s spouse or de facto partner (if the applicant’s spouse or de facto partner is also an applicant for a Subclass 475 (Skilled — Regional Sponsored) visa), as:

                                   (A)   a parent; or

                                    (B)   a child or step-child; or

                                    (C)   a brother or sister, an adoptive brother or sister, or a step-brother or step-sister; or

                                   (D)   an aunt or uncle, an adoptive aunt or uncle, or a step-aunt or step-uncle; or

                                    (E)   a nephew or niece, an adoptive nephew or niece, or a step-nephew or step-niece; or

                                    (F)   a grandparent or first cousin;

                  (b)     the sponsorship was made:

                              (i)   on Form 1277 (Internet), and the Minister has accepted the sponsorship; or

                             (ii)   on Form 1277:

                                   (A)   by posting the form (with the correct
pre-paid postage) to the post office box address or other address specified by the Minister in an instrument in writing for this sub‑subparagraph; or

                                    (B)   by having the form delivered by a courier service to the address specified by the Minister in an instrument in writing for this sub-subparagraph;

                    and the Minister has accepted the sponsorship.

475.224      The applicant:

                   (a)     satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010 and 4020; and

                  (b)     if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.

475.225      If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.

475.226      Each person who is a member of the family unit of the applicant, and who is also an applicant for a Subclass 475 visa, is a person who:

                  (d)     satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010 and 4020; and

                (da)     if the person had turned 18 at the time of application — satisfies public interest criterion 4019; and

                   (e)     if the person has previously been in Australia — satisfies special return criteria 5001, 5002 and 5010.

475.227      Each member of the family unit of the applicant, who is not an applicant for a Subclass 475 visa, is a person who:

                   (a)     satisfies public interest criteria 4001, 4002, 4003 and 4004; and

                  (b)     satisfies public interest criterion 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.

475.228      If a person (the additional applicant):

                   (a)     is a member of the family unit of the applicant; and

                  (b)     is less than 18; and

                   (c)     made a combined application with the applicant;

                   public interest criteria 4015 and 4016 are satisfied for the additional applicant.

475.229      Grant of the visa would not result in either:

                   (a)     the number of Subclass 475 visas granted in a financial year exceeding the maximum number of Subclass 475 visas, as determined by the Minister in an instrument in writing for this paragraph, that may be granted in that financial year; or

                  (b)     the number of visas of particular classes (including Subclass 475) granted in a financial year exceeding the maximum number of visas of those classes, as determined by the Minister in an instrument in writing for this paragraph, that may be granted in that financial year.

475.230      The Minister is satisfied that:

                   (a)     the applicant is the holder of a valid passport that:

                              (i)   was issued to the applicant by an official source; and

                             (ii)   is in the form issued by the official source; or

                  (b)     it would be unreasonable to require the applicant to be the holder of a passport.

475.3     Secondary criteria

Note   These criteria must be satisfied by applicants who are members of the family unit of an applicant who satisfies the primary criteria.

475.31       Criteria to be satisfied at time of application

475.311      The applicant:

                   (a)     is a member of the family unit of a person who satisfies the primary criteria in Subdivision 475.21, and made a combined application with that person; or

                  (b)     is a member of the family unit of a person who is the holder of a Skilled (Provisional) (Class VF) visa on the basis of satisfying the primary criteria for the grant of a Subclass 475 visa.

475.32       Criteria to be satisfied at time of decision

475.321      The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 475 visa.

475.322      The applicant:

                   (a)     satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010 and 4020; and

                  (b)     if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.

475.323      If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.

475.324      If the applicant is less than 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

475.325      The Minister is satisfied that:

                   (a)     the applicant is the holder of a valid passport that:

                              (i)   was issued to the applicant by an official source; and

                             (ii)   is in the form issued by the official source; or

                  (b)     it would be unreasonable to require the applicant to be the holder of a passport.

475.4     Circumstances applicable to grant

475.411      (1)   If the applicant who satisfied the primary criteria for the grant of the visa is also the holder of a Subclass 444 (Special Category) visa, the applicant and each applicant included in the application who made a combined application with the applicant, may be in or outside Australia when the visa is granted.

                   (2)   If the applicant who satisfied the primary criteria for the grant of the visa is not the holder of a Subclass 444 (Special Category) visa, the applicant and each applicant included in the application who made a combined application with the applicant, must be outside Australia when the visa is granted.

475.412      In any other case, an applicant may be in or outside Australia when the visa is granted.

Note   The second instalment of the visa application charge must be paid before the visa can be granted.

475.5     When visa is in effect

475.511      (1)   If the applicant satisfied the primary criteria for the grant of the visa, and is in Australia at the time of grant — a temporary visa permitting the holder to travel to, enter and remain in Australia until 3 years after the date of grant.

                   (2)   If the applicant satisfied the primary criteria for the grant of the visa, and is outside Australia at the time of grant — a temporary visa permitting the holder to travel to, enter and remain in Australia until 3 years after the date of first entry.

                   (3)   If the applicant satisfied the secondary criteria for the grant of the visa — a temporary visa permitting the holder to travel to, enter and remain in Australia until the date specified for the applicant who satisfied the primary criteria for the grant of the visa.

475.6     Conditions

475.611      If the applicant is outside Australia when the visa is granted:

                   (a)     first entry must be made before a date specified by the Minister for the purpose; and

                  (b)     if the applicant satisfies the secondary criteria for the grant of the visa, condition 8502 may be imposed; and

                   (c)     condition 8515 may be imposed.

475.612      If the applicant was nominated by a State or Territory government as described in subitem 1228 (3A) of Schedule 1, condition 8539 must be imposed.

475.613      If the applicant was sponsored by a person as described in subclause 475.222 (3), condition 8549 must be imposed.

475.7     Way of giving evidence

475.711      No evidence need be given.

475.712      If evidence is given, to be given by a label affixed to a valid passport.

Subclass 476             Skilled — Recognised Graduate

476.1     Interpretation

476.111      In this Part:

completed, in relation to a degree, means having met the academic requirements for the award of the degree.

Note   Regulation 1.03 provides that competent English has the meaning set out in regulation 1.15C.

476.2     Primary criteria

Note   The primary criteria must be satisfied by at least 1 applicant. Other applicants who are members of the family unit of the applicant who satisfies the primary criteria need satisfy only the secondary criteria.

476.21       Criteria to be satisfied at time of application

476.211      The applicant:

                   (a)     has not previously held a Subclass 476 visa that was granted on the basis that the applicant satisfied the primary criteria for the grant of the visa; and

                  (b)     has not previously held a Subclass 485 (Skilled — Graduate) visa that was granted on the basis that the applicant satisfied the primary criteria for the grant of the visa.

476.212      The applicant has completed a course:

                   (a)     in the period of 24 months ending immediately before the day on which the application is made; and

                  (b)     at an institution specified by the Minister in an instrument in writing for this paragraph;

                   for the award of a degree or higher qualification in a discipline specified in an instrument in writing for this clause.

476.213      The applicant has competent English.

476.22       Criteria to be satisfied at time of decision

476.222      The applicant:

                   (a)     satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010 and 4020; and

                  (b)     if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.

476.223      If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.

476.224      Each person who is a member of the family unit of the applicant, and who is also an applicant for a Subclass 476 visa, is a person who:

                  (d)     satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010 and 4020; and

                (da)     if the person had turned 18 at the time of application — satisfies public interest criterion 4019; and

                   (e)     if the person has previously been in Australia — satisfies special return criteria 5001, 5002 and 5010.

476.225      If a person (the additional applicant):

                   (a)     is a member of the family unit of the applicant; and

                  (b)     is less than 18; and

                   (c)     made a combined application with the applicant;

                   public interest criteria 4015 and 4016 are satisfied for the additional applicant.

476.226      Grant of the visa would not result in either:

                   (a)     the number of Subclass 476 visas granted in a financial year exceeding the maximum number of Subclass 476 visas, as determined by the Minister in an instrument in writing for this paragraph, that may be granted in that financial year; or

                  (b)     the number of visas of particular classes (including Subclass 476) granted in a financial year exceeding the maximum number of visas of those classes, as determined by the Minister in an instrument in writing for this paragraph, that may be granted in that financial year.

476.227      The Minister is satisfied that:

                   (a)     the applicant is the holder of a valid passport that:

                              (i)   was issued to the applicant by an official source; and

                             (ii)   is in the form issued by the official source; or

                  (b)     it would be unreasonable to require the applicant to be the holder of a passport.

476.3     Secondary criteria

Note   These criteria must be satisfied by applicants who are members of the family unit of an applicant who satisfies the primary criteria.

476.31       Criteria to be satisfied at time of application

476.311      The applicant:

                   (a)     is a member of the family unit of a person who satisfies the primary criteria in Subdivision 476.21, and made a combined application with that person; or

                  (b)     is a member of the family unit of a person who is the holder of a Skilled (Provisional) (Class VF) visa on the basis of satisfying the primary criteria for the grant of a Subclass 476 visa.

476.32       Criteria to be satisfied at time of decision

476.321      The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 476 visa.

476.322      The applicant:

                   (a)     satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010 and 4020; and

                  (b)     if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.

476.323      If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.

476.324      If the applicant is less than 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

476.325      The Minister is satisfied that:

                   (a)     the applicant is the holder of a valid passport that:

                              (i)   was issued to the applicant by an official source; and

                             (ii)   is in the form issued by the official source; or

                  (b)     it would be unreasonable to require the applicant to be the holder of a passport.

476.4     Circumstances applicable to grant

476.411      (1)   If the applicant who satisfied the primary criteria for the grant of the visa is also the holder of a Subclass 444 (Special Category) visa, the applicant and each applicant included in the application who made a combined application with the applicant, may be in or outside Australia when the visa is granted.

                   (2)   If the applicant who satisfied the primary criteria for the grant of the visa is not the holder of a Subclass 444 (Special Category) visa, the applicant and each applicant included in the application who made a combined application with the applicant, must be outside Australia when the visa is granted.

476.412      In any other case, an applicant may be in or outside Australia when the visa is granted.

Note   The second instalment of the visa application charge must be paid before the visa can be granted.

476.5     When visa is in effect

476.511      Temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister.

476.6     Conditions

476.611      If the applicant is outside Australia when the visa is granted:

                   (a)     first entry must be made before a date specified by the Minister for the purpose; and

                  (b)     if the applicant satisfies the secondary criteria for the grant of the visa, condition 8502 may be imposed; and

                   (c)     condition 8515 may be imposed.

476.7     Way of giving evidence

476.711      No evidence need be given.

476.712      If evidence is given, to be given by a label affixed to a valid passport.

Subclass 485             Skilled — Graduate

485.1     Interpretation

485.111      In this Part:

degree has the same meaning as in subregulation 2.26AC (6).

diploma has the same meaning as in subregulation 2.26AC (6).

trade qualification has the same meaning as in subregulation 2.26AC (6).

Note 1   Regulation 1.03 provides that Australian study requirement has the meaning set out in regulation 1.15F.

Note 2   Regulation 1.03 provides that competent English has the meaning set out in regulation 1.15C.

Note 3   For registered course, relevant assessing authority and skilled occupation: see regulation 1.03.

485.2     Primary criteria

Note   The primary criteria must be satisfied by at least 1 applicant. Other applicants who are members of the family unit of the applicant who satisfies the primary criteria need satisfy only the secondary criteria.

485.21       Criteria to be satisfied at time of application

485.211      The requirements of subitem 1229 (4) of Schedule 1 are met.

485.212      The applicant:

                   (a)     has not previously held a Subclass 476 (Skilled — Recognised Graduate) visa that was granted on the basis that the applicant satisfied the primary criteria for the grant of the visa; and

                  (b)     has not previously held a Subclass 485 visa that was granted on the basis that the applicant satisfied the primary criteria for the grant of the visa.

485.213      The following requirements are met:

                   (a)     the applicant satisfied the Australian study requirement in the period of 6 months ending immediately before the day on which the application was made;

                  (b)     each degree, diploma or trade qualification used to satisfy the Australian study requirement is closely related to the applicant’s nominated skilled occupation.

485.214      The Minister is satisfied that the applicant has applied for an assessment of the applicant’s skills for the nominated skilled occupation by a relevant assessing authority.

485.215      The applicant has competent English.

485.216      The application is accompanied by evidence that:

                   (a)     the applicant; and

                  (b)     each person included in the application who is at least 16;

                   has applied for an Australian Federal Police check during the 12 months immediately before the day when the application is made.

485.217      The application is accompanied by evidence that the applicant and each person included in the application has made arrangements to undergo a medical examination for the purpose of the application.

485.22       Criteria to be satisfied at time of decision

485.221      (1)   The skills of the applicant for the applicant’s nominated skilled occupation have been assessed by the relevant assessing authority as suitable for that occupation.

                   (2)   If the assessment mentioned in subclause (1) is made on the basis of a qualification obtained in Australia while the applicant was the holder of a student visa, the qualification was obtained as a result of studying a registered course.

485.224      The applicant:

                   (a)     satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010 and 4020; and

                  (b)     if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.

485.225      The applicant satisfies special return criteria 5001, 5002 and 5010.

485.226      Each person who is a member of the family unit of the applicant, and who is also an applicant for a Subclass 485 visa, is a person who:

                  (d)     satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010 and 4020; and

                (da)     if the person had turned 18 at the time of application — satisfies public interest criterion 4019; and

                   (e)     if the person has previously been in Australia — satisfies special return criteria 5001, 5002 and 5010.

485.227      If a person (the additional applicant):

                   (a)     is a member of the family unit of the applicant; and

                  (b)     is less than 18; and

                   (c)     made a combined application with the applicant;

                   public interest criteria 4015 and 4016 are satisfied for the additional applicant.

485.228      Grant of the visa would not result in either:

                   (a)     the number of Subclass 485 visas granted in a financial year exceeding the maximum number of Subclass 485 visas, as determined by the Minister in an instrument in writing for this paragraph, that may be granted in that financial year; or

                  (b)     the number of visas of particular classes (including Subclass 485) granted in a financial year exceeding the maximum number of visas of those classes, as determined by the Minister in an instrument in writing for this paragraph, that may be granted in that financial year.

485.229      The Minister is satisfied that:

                   (a)     the applicant is the holder of a valid passport that:

                              (i)   was issued to the applicant by an official source; and

                             (ii)   is in the form issued by the official source; or

                  (b)     it would be unreasonable to require the applicant to be the holder of a passport.

485.3     Secondary criteria

Note   These criteria must be satisfied by applicants who are members of the family unit of an applicant who satisfies the primary criteria.

485.31       Criteria to be satisfied at time of application

485.311      The applicant:

                   (a)     is a member of the family unit of a person who satisfies the primary criteria in Subdivision 485.21, and made a combined application with that person; or

                  (b)     is a member of the family unit of a person who is the holder of a Skilled (Provisional) (Class VC) visa on the basis of satisfying the primary criteria for the grant of a Subclass 485 visa.

485.32       Criteria to be satisfied at time of decision

485.321      The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 485 visa.

485.322      The applicant:

                   (a)     satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010 and 4020; and

                  (b)     if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.

485.323      If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.

485.324      If the applicant is less than 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

485.325      The Minister is satisfied that:

                   (a)     the applicant is the holder of a valid passport that:

                              (i)   was issued to the applicant by an official source; and

                             (ii)   is in the form issued by the official source; or

                  (b)     it would be unreasonable to require the applicant to be the holder of a passport.

485.4     Circumstances applicable to grant

485.411      (1)   The applicant who satisfies the primary criteria for the grant of the visa, and each applicant who made a combined application with the applicant, must be in Australia when the visa is granted.

                   (2)   In any other case, the applicant may be in or outside Australia when the visa is granted.

Note   The second instalment of the visa application charge must be paid before the visa can be granted.

485.5     When visa is in effect

485.511      Temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister.

485.6     Conditions

485.611      Condition 8501 may be imposed.

485.612      If the applicant is outside Australia when the visa is granted:

                   (a)     first entry must be made before a date specified by the Minister for the purpose; and

                  (b)     condition 8515 may be imposed.

485.7     Way of giving evidence

485.711      No evidence need be given.

485.712      If evidence is given, to be given by a label affixed to a valid passport.

Subclass 487             Skilled — Regional Sponsored

487.1     Interpretation

487.111      In this Part:

degree has the same meaning as in subregulation 2.26AC (6).

diploma has the same meaning as in subregulation 2.26AC (6).

trade qualification has the same meaning as in subregulation 2.26AC (6).

Note 1   Regulation 1.03 provides that Australian study requirement has the meaning set out in regulation 1.15F.

Note 2   For competent English: see regulation 1.15C.

Note 3   For designated area, relevant assessing authority and skilled occupation: see regulation 1.03.

487.2     Primary criteria

Note   The primary criteria must be satisfied by at least 1 applicant. Other applicants who are members of the family unit of the applicant who satisfies the primary criteria need satisfy only the secondary criteria.

487.21       Criteria to be satisfied at time of application

487.211      For an applicant who met the requirements of
subitem 1229 (8) of Schedule 1, no requirements of this Subdivision need be met.

487.212      (1)   The applicant meets the requirements of subclause (2), (3), (4) or (5).

                   (2)   The applicant met the requirements of subitem 1229 (4) of Schedule 1, and:

                   (a)     the applicant satisfied the Australian study requirement in the period of 6 months ending immediately before the day on which the application was made; and

                  (b)     each degree, diploma or trade qualification used to satisfy the Australian study requirement is closely related to the applicant’s nominated skilled occupation.

                   (3)   The applicant met the requirements of subclause 1229 (5) of Schedule 1, and:

                   (a)     if the applicant holds a Subclass 476 (Skilled — Recognised Graduate) visa, the qualification used to obtain that visa is closely related to the applicant’s nominated skilled occupation; or

                  (b)     if the applicant holds a Subclass 485 (Skilled — Graduate) visa, each degree, diploma or trade qualification used to satisfy the Australian study requirement to obtain that visa applicant is closely related to the applicant’s nominated skilled occupation.

                   (4)   The applicant met the requirements of subitem 1229 (6) of Schedule 1, and:

                   (a)     the applicant must have completed the apprenticeship for which the Subclass 471 (Trade Skills Training) visa was granted; and

                  (b)     the apprenticeship is closely related to the applicant’s nominated skilled occupation.

                   (5)   The applicant met the requirements of subitem 1229 (7) of Schedule 1, and:

                   (a)     if the applicant holds a Subclass 417 (Working Holiday) visa, the applicant must have held that visa for at least 6 months; or

                  (b)     if the applicant holds a Subclass 442 (Occupational Trainee) visa, the applicant must have completed the traineeship for which the visa was granted.

487.214      The Minister is satisfied that the applicant has applied for an assessment of the applicant’s skills for the nominated skilled occupation by a relevant assessing authority.

487.215      The applicant has competent English.

487.216      The application is accompanied by evidence that:

                   (a)     the applicant; and

                  (b)     each person included in the application who is at least 16;

                   has applied for an Australian Federal Police check during the 12 months immediately before the day when the application is made.

487.217      The application is accompanied by evidence that the applicant and each person included in the application has made arrangements to undergo a medical examination for the purpose of the application.

487.22       Criteria to be satisfied at time of decision

487.221      If the requirements of subitem 1229 (8) of Schedule 1 have been met, clauses 487.226 to 487.234 only must be satisfied.

487.222      The applicant has the qualifying score when assessed in relation to the visa under Subdivision B of Division 3 of Part 2 of the Act.

Note   That Subdivision of the Act provides in sections 92 to 96 for the application of a points system, under which applicants for relevant visas are given an assessed score based on the prescribed number of points for particular attributes, which is assessed against the relevant pool mark and pass mark.

The prescribed points and the manner of their allocation are provided for in Division 2.6 and Schedules 6B and 6C of these Regulations. Pool marks and pass marks are set from time to time by the Minister by instrument (Act, section 96).

487.223      (1)   The skills of the applicant have been assessed by the relevant assessing authority as suitable for the applicant’s nominated skilled occupation.

                   (2)   If the assessment mentioned in subclause (1) is made on the basis of a qualification obtained in Australia while the applicant was the holder of a student visa, the qualification was obtained as a result of studying a registered course.

487.225      (1)   Either:

                   (a)     if the applicant was nominated by a State or Territory government agency in accordance with subitem 1229 (3A) of Schedule 1 at the time of making the application — the requirements of subclause (2) are met; or

                  (b)     if the applicant was sponsored in accordance with subitem 1229 (3B) at the time of making the application — the requirements of subclause (3) are met.  

                   (2)   The Minister has accepted the nomination mentioned in subitem 1229 (3A) of Schedule 1.

                   (3)   All of the following requirements are met:

                   (a)     the applicant, and all persons included in the application, are sponsored by a person who:

                              (i)   has turned 18; and

                             (ii)   is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen; and

                            (iii)   is usually resident in a designated area of Australia; and

                            (iv)   is related to the applicant, or the applicant’s spouse or de facto partner (if the applicant’s spouse or de facto partner is also an applicant for a Subclass 487 (Skilled — Regional Sponsored) visa), as:

                                   (A)   a parent; or

                                    (B)   a child or step-child; or

                                    (C)   a brother or sister, an adoptive brother or sister, or a step-brother or step-sister; or

                                   (D)   an aunt or uncle, an adoptive aunt or uncle, or a step-aunt or step-uncle; or

                                    (E)   a nephew or niece, an adoptive nephew or niece, or a step-nephew or step-niece; or

                                    (F)   a grandparent or first cousin;

                  (b)     the sponsorship was made:

                              (i)   on Form 1277 (Internet), and the Minister has accepted the sponsorship; or

                             (ii)   on Form 1277:

                                   (A)   by posting the form (with the correct
pre-paid postage) to the post office box address or other address specified by the Minister in an instrument in writing for this sub-subparagraph; or

                                    (B)   by having the form delivered by a courier service to the address specified by the Minister in an instrument in writing for this sub-subparagraph;

                    and the Minister has accepted the sponsorship.

487.226      The applicant, and each person included in the application, who made the application on the basis of being the holder of:

                   (a)     a Skilled — Independent Regional (Provisional) (Class UX) visa; or

                  (b)     a Skilled — Designated Area‑sponsored (Provisional) (Class UZ) visa; or

                   (c)     a Subclass 475 (Skilled — Regional Sponsored) visa; or

                  (d)     a Subclass 487 (Skilled — Regional Sponsored) visa;

                   has substantially complied with the conditions to which that visa is or was subject.

487.228      The applicant:

                   (a)     satisfies public interest criteria 4001, 4002, 4003, 4004, 4010 and 4020; and

                  (b)     if the applicant was the holder, at the time of application, of:

                          (i)    a Skilled — Independent Regional (Provisional) (Class UX) visa; or

                         (ii)    a Skilled — Designated Area‑sponsored (Provisional) (Class UZ) visa; or

                        (iii)    a Subclass 475 (Skilled — Regional Sponsored) visa; or

                        (iv)    a Subclass 487 (Skilled — Regional Sponsored) visa; and

                            satisfies public interest criterion 4007; and

                   (c)     if paragraph (b) does not apply — satisfies public interest criterion 4005; and

                  (d)     if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.

487.229      The applicant satisfies special return criteria 5001, 5002 and 5010.

487.230      Each person who is a member of the family unit of the applicant, and who is also an applicant for a Subclass 487 visa, is a person who:

                  (d)     satisfies public interest criteria 4001, 4002, 4003, 4004, 4010 and 4020; and

                   (e)     either:

                              (i)   if the person was the holder, at the time of application, of:

                                   (A)   a Skilled — Independent Regional (Provisional) (Class UX) visa; or

                                    (B)   a Skilled — Designated Area‑sponsored (Provisional) (Class UZ) visa; or

                                    (C)   a Subclass 475 (Skilled — Regional Sponsored) visa; or

                                   (D)   a Subclass 487 (Skilled — Regional Sponsored) visa;

                                                satisfies public interest criterion 4007;

                             (ii)   in any other case — satisfies public interest criterion 4005; and

                   (f)     if the person had turned 18 at the time of application — satisfies public interest criterion 4019; and

                  (g)     satisfies special return criteria 5001, 5002 and 5010.

487.231      Each member of the family unit of the applicant who is not an applicant for a Subclass 487 visa is a person who:

                   (a)     satisfies public interest criteria 4001, 4002, 4003 and 4004; and

                  (b)     either:

                              (i)   if the person was the holder, at the time of application, of:

                                   (A)   a Skilled — Independent Regional (Provisional) (Class UX) visa; or

                                    (B)   a Skilled — Designated Area‑sponsored (Provisional) (Class UZ) visa; or

                                    (C)   a Subclass 475 (Skilled — Regional Sponsored) visa; or

                                   (D)   a Subclass 487 (Skilled — Regional Sponsored) visa;

                                    satisfies public interest criterion 4007, unless the       Minister is satisfied that it would be unreasonable   to require the person to undergo assessment in relation to that criterion; or

                             (ii)   in any other case — satisfies public interest criterion 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.

487.232      If a person (the additional applicant):

                   (a)     is a member of the family unit of the applicant; and

                  (b)     is less than 18; and

                   (c)     made a combined application with the applicant;

                   public interest criteria 4015 and 4016 are satisfied for the additional applicant.

487.233      Grant of the visa would not result in either:

                   (a)     the number of Subclass 487 visas granted in a financial year exceeding the maximum number of Subclass 487 visas, as determined by the Minister in an instrument in writing for this paragraph, that may be granted in that financial year; or

                  (b)     the number of visas of particular classes (including Subclass 487) granted in a financial year exceeding the maximum number of visas of those classes, as determined by the Minister in an instrument in writing for this paragraph, that may be granted in that financial year.

487.234      The Minister is satisfied that:

                   (a)     the applicant is the holder of a valid passport that:

                              (i)   was issued to the applicant by an official source; and

                             (ii)   is in the form issued by the official source; or

                  (b)     it would be unreasonable to require the applicant to be the holder of a passport.

487.3     Secondary criteria

Note   These criteria must be satisfied by applicants who are members of the family unit of an applicant who satisfies the primary criteria.

487.31       Criteria to be satisfied at time of application

487.311      The applicant is a member of the family unit of a person who satisfies the primary criteria in Subdivision 487.21, and made a combined application with that person.

487.32       Criteria to be satisfied at time of decision

487.321      The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 487 visa.

487.322      If the applicant made the application on the basis of being the holder of:

                   (a)     a Skilled — Independent Regional (Provisional) (Class UX) visa; or

                  (b)     a Skilled — Designated Area‑sponsored (Provisional) (Class UZ) visa; or

                   (c)     a Subclass 475 (Skilled — Regional Sponsored) visa; or

                  (d)     a Subclass 487 (Skilled — Regional Sponsored) visa;

                   the applicant has substantially complied with the conditions to which that visa is or was subject.

487.323      If the applicant is less than 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

487.324      The applicant:

                   (a)     satisfies public interest criteria 4001, 4002, 4003, 4004, 4010 and 4020; and

                  (b)     if the applicant was the holder, at the time of application, of:

                              (i)   a Skilled — Independent Regional (Provisional) (Class UX) visa; or

                             (ii)   a Skilled — Designated Area‑sponsored (Provisional) (Class UZ) visa; or

                            (iii)   a Subclass 475 (Skilled — Regional Sponsored) visa; or

                            (iv)   a Subclass 487 (Skilled — Regional Sponsored) visa; and

                            satisfies public interest criterion 4007; and

                   (c)     if paragraph (b) does not apply — satisfies public interest criterion 4005; and

                  (d)     if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.

487.325      If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.

487.326      The Minister is satisfied that:

                   (a)     the applicant is the holder of a valid passport that:

                              (i)   was issued to the applicant by an official source; and

                             (ii)   is in the form issued by the official source; or

                  (b)     it would be unreasonable to require the applicant to be the holder of a passport.

487.4     Circumstances applicable to grant

487.411      (1)   The applicant who satisfies the primary criteria for the grant of the visa, and each applicant who made a combined application with the applicant, must be in Australia when the visa is granted.

                   (2)   In any other case, the applicant may be in or outside Australia when the visa is granted.

Note   The second instalment of the visa application charge must be paid before the visa can be granted.

487.5     When visa is in effect

487.511      (1)   If:

                   (a)     the applicant who satisfied the primary criteria is in Australia at the time of application; and

                  (b)     at the time of application, the applicant who satisfied the primary criteria held any of the following visas:

                              (i)   a Skilled — Independent Regional (Provisional) (Class UX) visa; or

                             (ii)   a Skilled — Designated Area‑sponsored (Provisional) (Class UZ) visa; or

                            (iii)   a Subclass 475 (Skilled — Regional Sponsored) visa; or

                            (iv)   a Subclass 487 (Skilled — Regional Sponsored) visa;

                   temporary visa permitting the holder to travel to, enter and remain in Australia until 48 months after the date of grant of the visa mentioned in paragraph (b).

                   (2)   In any other case:

                   (a)     if the applicant satisfied the primary criteria for the grant of the visa — temporary visa permitting the holder to travel to, enter and remain in Australia until 3 years after the date of grant; or

                  (b)     if the applicant satisfied the secondary criteria for the grant of the visa — temporary visa permitting the holder to travel to, enter and remain in Australia until the date specified for the applicant who satisfies the primary criteria for the grant of the visa.

487.6     Conditions

487.611      If the applicant is outside Australia when the visa is granted:

                   (a)     first entry must be made before a date specified by the Minister for the purpose; and

                   (c)     condition 8515 may be imposed.

487.612      If the applicant who satisfied the primary criteria for the grant of the visa was nominated by a State or Territory government as described in subitem 1229 (3A) of Schedule 1, condition 8539 must be imposed.

487.613      If the applicant who satisfied the primary criteria for the grant of the visa was sponsored by a person as described in subclause 487.225 (3), condition 8549 must be imposed.

487.614      (1)   If:

                   (a)     the applicant met the requirements of subitem 1229 (8) of Schedule 1; and

                  (b)     condition 8539 was imposed on the visa mentioned in that subitem;

                   condition 8539 must be imposed.

                   (2)   If:

                   (a)     the applicant met the requirements of subitem 1229 (8) of Schedule 1; and

                  (b)     condition 8549 was imposed on the visa mentioned in that subitem;

                   condition 8549 must be imposed.

487.7     Way of giving evidence

487.711      No evidence need be given.

487.712      If evidence is given, to be given by a label affixed to a valid passport.

Subclass 488             Superyacht Crew

488.1     Interpretation

Note   Member of the crew and superyacht are defined in regulation 1.03. Regulation 1.15G is also relevant for the purposes of the definition of superyacht. There are no interpretation provisions specific to this Part.

488.2     Primary criteria

Note   All applicants must satisfy the primary criteria.

488.21       Criteria to be satisfied at time of application

488.211      The applicant has turned 18.

488.212      The applicant is a member of the crew of a superyacht.

488.213      The applicant does not intend to engage in activities that will have adverse consequences for employment or training opportunities, or conditions of employment, for Australian citizens or Australian permanent residents.

488.22       Criteria to be satisfied at time of decision

488.221      The applicant continues to satisfy the criteria in
clauses 488.212 and 488.213.

488.222      The Minister is satisfied that:

                   (a)     a superyacht crew sponsor has agreed to be the superyacht crew sponsor in relation to the applicant; and

                  (b)     the superyacht crew sponsor is not barred from sponsoring the applicant under paragraph 140M (1) (c) of the Act; and

                   (c)     either:

                              (i)   there is no adverse information known to Immigration about the superyacht crew sponsor mentioned in paragraph (a) or a person associated with that superyacht crew sponsor; or

                             (ii)   it is reasonable to disregard any adverse information known to Immigration about
the superyacht crew sponsor mentioned in paragraph (a) or a person associated with that superyacht crew sponsor.

488.223      The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4013 and 4014.

488.224      If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.

488.225      The Minister is satisfied that:

                   (a)     the applicant is the holder of a valid passport that:

                              (i)   was issued to the applicant by an official source; and

                             (ii)   is in the form issued by the official source; or

                  (b)     it would be unreasonable to require the applicant to be the holder of a passport.

488.3     Secondary criteria: Nil

Note   All applicants must satisfy the primary criteria.

488.4     Circumstances applicable to grant

488.411      The applicant may be in or outside Australia when the visa is granted.

488.5     When visa is in effect

488.511      If the visa was granted to an applicant outside Australia — temporary visa permitting the holder:

                   (a)     to travel to, and enter, Australia on 1 or more occasions until a date specified by the Minister for the purpose; and

                  (b)     to remain in Australia for a period, or until a date, specified by the Minister for the purpose.

488.512      If the visa was granted to an applicant in Australia — temporary visa permitting the holder:

                   (a)     to remain in Australia for a period, or until a date, specified by the Minister for the purpose; and

                  (b)     if the holder leaves Australia during the visa period:

                              (i)   to travel to, and enter, Australia on 1 or more occasions until a date specified by the Minister for the purpose; and

                             (ii)   to remain in Australia, after each entry, for a period, or until a date, specified by the Minister for the purpose.

488.6     Conditions

488.611      Conditions 8107 and 8114.

488.7     Way of giving evidence

488.711      No evidence need be given.

Subclass 489             Skilled — Regional (Provisional)

489.1     Interpretation

Note 1   For designated area, registered course, relevant assessing authority and skilled occupation: see regulation 1.03.

Note 2   Regulation 1.03 also provides that competent English has the meaning set out in regulation 1.15C.

Note 3   There are no interpretation provisions specific to this Part.

489.2     Primary criteria

Note   The primary criteria for the grant of a Subclass 489 visa include criteria set out in streams.

If an applicant applies for a Subclass 489 visa in the First Provisional Visa stream, the criteria in Subdivisions 489.21 and 489.22 are the primary criteria for the grant of the visa.

If an applicant applies for a Subclass 489 visa in the Second Provisional Visa stream, the criteria in Subdivisions 489.21 and 489.23 are the primary criteria.

The primary criteria must be satisfied by at least one member of a family unit, unless a member of the family unit holds one of the following visas on the basis of satisfying the primary criteria:

·       a Skilled — Independent Regional (Class UX) visa;

·       a Skilled — Designated Area-sponsored (Provisional) (Class UZ) visa;

·       a Subclass 475 (Skilled — Regional Sponsored) visa;

·       a Subclass 487 (Skilled— Regional Sponsored) visa.

The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria.

All criteria must be satisfied at the time a decision is made on the application.

489.21       Common criteria

Note   These criteria are for all applicants seeking to satisfy the primary criteria for a Subclass 489 visa.

489.211      (1)   The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4010 and 4020.

                   (2)   If the applicant had turned 18 at the time of application, the applicant satisfies public interest criterion 4019.

                   (3)   Each member of the family unit of the applicant who is an applicant for a Subclass 489 visa satisfies public interest criteria 4001, 4002, 4003, 4004, 4010 and 4020.

                   (4)   Each member of the family unit of the primary applicant who:

                   (a)     is an applicant for a Subclass 489 visa; and

                  (b)     had turned 18 at the time of application;

                   satisfies public interest criterion 4019.

                   (5)   Each member of the family unit of the primary applicant who:

                   (a)     is an applicant for a Subclass 489 visa; and

                  (b)     has not turned 18;

                   satisfies public interest criteria 4015 and 4016.

                   (6)   Each member of the family unit of the primary applicant who is not an applicant for a Subclass 489 visa satisfies public interest criteria 4001, 4002, 4003 and 4004.

489.212      (1)   The applicant satisfies special return criteria 5001, 5002 and 5010.

                   (2)   Each member of the family unit of the applicant who is an applicant for a Subclass 489 visa satisfies special return criteria 5001, 5002 and 5010.

489.213      Either:

                   (a)     the applicant holds a valid passport that:

                              (i)   was issued to the applicant by an official source; and

                             (ii)   is in the form issued by the official source; or

                  (b)     it would be unreasonable to require the applicant to hold a passport.

489.22       Criteria for First Provisional Visa stream

Note   These criteria are only for applicants seeking to satisfy the primary criteria for a Subclass 489 visa in the First Provisional Visa stream.

489.221      The applicant was invited, in writing, by the Minister to apply for the visa.

489.222      (1) At the time of invitation to apply for the visa, the relevant assessing authority had assessed the applicant’s skills as suitable for the applicant’s nominated skilled occupation.

                   (2)   If the assessment was made on the basis of a qualification obtained in Australia while the applicant held a student visa, the qualification was obtained as a result of studying a registered course.

489.223      At the time of invitation to apply for the visa, the applicant had competent English.

489.224      (1)   The applicant’s score, when assessed in relation to the visa under Subdivision B of Division 3 of Part 2 of the Act, is not less than the score stated in the invitation to apply for the visa.

                   (2)   The applicant’s score, when assessed in relation to the visa under Subdivision B of Division 3 of Part 2 of the Act, is not less than the qualifying score for that Subdivision.

Note   Subdivision B of Division 3 of Part 2 of the Act provides for the application of a points system under which applicants for relevant visas are given an assessed score based on a prescribed number of points for particular attributes, assessed against the relevant pool mark and pass mark: see sections 92 to 96 of the Act.

The prescribed points and the manner of their allocation are provided for in Division 2.6 and Schedule 6D of these Regulations. Pool marks and pass marks are set from time to time by the Minister by instrument: see section 96 of the Act.

489.225      (1)   The requirements in subclause (2) or (3) are met.

                   (2)   The nominating State or Territory government agency has not withdrawn the nomination.

                   (3)   The Minister has accepted the sponsorship of the applicant by a person in the following circumstances:

                   (a)     the person has turned 18; and

                  (b)     the person is an Australian citizen, Australian permanent resident or eligible New Zealand citizen;

                   (c)     the person is usually resident in a designated area of Australia;

                  (d)     the person is related to the applicant, or the applicant’s spouse or de facto partner (if the applicant’s spouse or de facto partner is an applicant for a Subclass 489 visa), as:

                              (i)   a parent; or

                             (ii)   a child or step‑child; or

                            (iii)   a brother, sister, adoptive brother, adoptive sister, step‑brother or step‑sister; or

                            (iv)   an aunt, uncle, adoptive aunt, adoptive uncle, step‑aunt or step-uncle;

                             (v)   a nephew, niece, adoptive nephew, adoptive niece, step-nephew or step-niece; or

                            (vi)   a grandparent; or

                           (vii)   a first cousin;

                   (e)     each member of the family unit of the applicant who is an applicant for a Subclass 489 visa is sponsored by that person.

489.226      (1)   The applicant satisfies public interest criterion 4005.

                   (2)   Each member of the family unit of the applicant who is an applicant for a Subclass 489 visa satisfies public interest criterion 4005.

                   (3)   Each member of the family unit of the applicant who is not an applicant for a Subclass 489 visa satisfies public interest criterion 4005 unless it would be unreasonable to require the member to undergo assessment in relation to the criterion.

489.23       Criteria for Second Provisional Visa stream

Note   These criteria are only for applicants seeking to satisfy the primary criteria for a Subclass 489 visa in the Second Provisional Visa stream.

489.231      (1)   If the applicant has previously held one of the following visas:

                   (a)     a Skilled — Independent Regional (Provisional) (Class UX) visa;

                  (b)     a Skilled — Designated Area‑sponsored (Provisional) (Class UZ) visa;

                   (c)     a Subclass 475 (Skilled — Regional Sponsored) visa;

                  (d)     a Subclass 487 (Skilled — Regional Sponsored) visa;

                   the applicant has substantially complied with the conditions to which the visa was subject.

                   (2)   Each member of the family unit of the applicant who is an applicant for a Subclass 489 visa, and who has previously held a visa mentioned in subclause (1), has substantially complied with the conditions to which the visa mentioned in subclause (1) was subject.

489.232      (1)   The applicant satisfies public interest criterion 4007.

                   (2)   Each person who is a member of the family unit of the applicant, and is an applicant for a Subclass 489 visa, satisfies public interest criterion 4007.

                   (3)   Each member of the family unit of the applicant who is not an applicant for a Subclass 489 visa satisfies public interest criterion 4007 unless it would be unreasonable to require the member to undergo assessment in relation to the criterion.

489.3     Secondary criteria

Note   These criteria are for applicants who are members of the family unit of a person who:

(a)   satisfies the primary criteria; or

(b)   holds one of the following visas on the basis of satisfying the primary criteria:

·       a Skilled — Independent Regional (Provisional) (Class UX) visa;

·       a Skilled — Designated Area-sponsored (Provisional) (Class UZ) visa;

·       a Subclass 475 (Skilled — Regional Sponsored) visa;

·       a Subclass 487 (Skilled — Regional Sponsored) visa.

All criteria must be satisfied at the time a decision is made on the application.

489.31       Criteria

489.311      The applicant is a member of the family unit of a person (the primary applicant) who holds any of the following visas granted on the basis of satisfying the primary criteria:

                   (a)     a Skilled — Independent Regional (Provisional) (Class UX) visa;

                  (b)     a Skilled — Designated Area‑sponsored (Provisional) (Class UZ) visa;

                   (c)     a Subclass 475 (Skilled — Regional Sponsored) visa;

                  (d)     a Subclass 487 (Skilled — Regional Sponsored) visa;

                   (e)     a Subclass 489 (Skilled — Regional (Provisional)) visa.

489.312      If the applicant previously held:

                   (a)     a Skilled — Independent Regional (Provisional) (Class UX) visa; or

                  (b)     a Skilled — Designated Area‑sponsored (Provisional) (Class UZ) visa; or

                   (c)     a Subclass 475 (Skilled — Regional Sponsored) visa; or

                  (d)     a Subclass 487 (Skilled — Regional Sponsored) visa;

                   the applicant has substantially complied with the conditions of that visa.

489.313      (1)   The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4010 and 4020.

                   (2)   If the applicant had turned 18 at the time of application, the applicant satisfies public interest criterion 4019.

                   (3)   If the applicant has not turned 18, the applicant satisfies public interest criteria 4017 and 4018.

                   (4)   If the primary applicant holds a Subclass 489 visa in the Second Provisional Visa stream, the applicant satisfies public interest criterion 4007.

                   (5)   If subclause (4) does not apply, the applicant satisfies public interest criterion 4005.

489.314      The applicant satisfies special return criteria 5001, 5002 and 5010.

489.315      Either:

                   (a)     the applicant holds a valid passport that:

                              (i)   was issued to the applicant by an official source; and

                             (ii)   is in the form issued by the official source; or

                  (b)     it would be unreasonable to require the applicant to hold a passport.

489.4     Circumstances applicable to grant

489.411      The applicant:

                   (a)     may be in or outside Australia when the visa is granted; and

                  (b)     must not be in immigration clearance.

Note   The second instalment of the visa application charge must be paid before the visa can be granted.

489.5     When visa is in effect

489.511      If the applicant satisfied the primary criteria for the grant of a Subclass 489 visa in the First Provisional Visa stream, temporary visa permitting the holder to travel to, enter and remain in Australia for 4 years from the date of grant.

489.512      If the applicant satisfied the primary criteria for the grant of a Subclass 489 visa in the Second Provisional Visa stream, temporary visa permitting the holder to travel to, enter and remain in Australia for 4 years after the date of grant of the provisional visa the applicant held at the time of application.

489.513      If the applicant is a member of the family unit of a person who holds a Subclass 489 visa in the First Provisional Visa stream or the Second Provisional Visa stream, temporary visa permitting the holder to travel to, enter and remain in Australia until the day specified for the applicant who satisfied the primary criteria.

489.514      If the applicant is a member of the family unit of a person who holds:

                   (a)     a Skilled — Independent Regional (Provisional) (Class UX) visa; or

                  (b)     a Skilled — Designated Area-sponsored (Provisional) (Class UZ) visa; or

                   (c)     a Subclass 475 (Skilled — Regional Sponsored) visa; or

                  (d)     a Subclass 487 (Skilled — Regional Sponsored) visa;

                   temporary visa permitting the holder to travel to, enter and remain in Australia until the day specified for the applicant who satisfied the primary criteria for the grant of the visa mentioned in paragraph (a), (b), (c) or (d).

489.6     Conditions

489.611      If the applicant who satisfied the primary criteria for the grant of the visa was nominated by a State or Territory government agency, condition 8539 must be imposed.

489.612      If the applicant who satisfied the primary criteria for the grant of the visa was sponsored by a person, condition 8549 must be imposed.

489.613      (1)   If condition 8539 was imposed on the visa held at the time of application by the applicant who satisfied the primary criteria for the grant of the visa in the Second Provisional Visa stream, condition 8539 must be imposed.

                   (2)   If:

                   (a)     an applicant is granted a Subclass 489 visa on the basis of satisfying the secondary criteria; and

                  (b)     the applicant who satisfied the primary criteria also holds another General Skilled Migration visa on which condition 8539 has been imposed;

                   condition 8539 must be imposed.

489.614      (1)   If condition 8549 was imposed on the visa held at the time of application by the applicant who satisfied the primary criteria for the grant of the visa in the Second Provisional Visa stream, condition 8549 must be imposed.

                   (2)   If:

                   (a)     an applicant is granted a Subclass 489 visa on the basis of satisfying the secondary criteria; and

                  (b)     the applicant who satisfied the primary criteria also holds another General Skilled Migration visa on which condition 8549 has been imposed;

                   condition 8549 must be imposed.

489.615      If the applicant is outside Australia when the visa is granted:

                   (a)     first entry must be made before a date specified by the Minister; and

                  (b)     if the applicant satisfies the secondary criteria for the grant of the visa, condition 8515 may be imposed.

Subclass 570             Independent ELICOS Sector

570.1     Interpretation

570.111      In this Part:

course fees has the same meaning as in Schedule 5A.

course of study means a full‑time registered course of study.

Note   To work out whether a course of study is a principal course, see subregulation 1.40 (2).

full period has the same meaning as in Schedule 5A.

fully funded has the same meaning as in Schedule 5A.

living costs has the same meaning as in Schedule 5A.

travel costs has the same meaning as in Schedule 5A.

Note   foreign country is defined in paragraph 22 (1) (f) of the Acts Interpretation Act 1901 as any country (whether or not an independent sovereign state) outside Australia and the external Territories.

570.2     Primary criteria

Note   The primary criteria must be satisfied by at least one member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria.

570.21       Criteria to be satisfied at time of application

570.211      (1)   If the application is made in Australia, the applicant meets the requirements of subclause (2), (3), (4), (5) or (6).

                   (2)   An applicant meets the requirements of this subclause if the applicant is:

                   (a)     the holder of a visa of one of the following classes:

                              (i)   Border (Temporary) (Class TA);

                             (ii)   Business (Temporary) (Class TB);

                            (iii)   Cultural/Social (Temporary) (Class TE);

                            (iv)   Educational (Temporary) (Class TH);

                             (v)   Electronic Travel Authority (Class UD);

                            (vi)   Expatriate (Temporary) (Class TJ);

                           (vii)   Family Relationship (Temporary) (Class TL);

                          (viii)   Interdependency (Temporary) (Class TM);

                            (ix)   Long Stay (Visitor) (Class TN);

                          (ixa)   Maritime Crew (Temporary) (Class ZM);

                             (x)   Medical Practitioner (Temporary) (Class UE);

                            (xi)   Retirement (Temporary) (Class TQ);

                           (xii)   Short Stay (Visitor) (Class TR);

                          (xiii)   Student (Temporary) (Class TU);

                        (xiiia)   Superyacht Crew (Temporary) (Class UW);

                          (xiv)   Supported Dependant (Temporary) (Class TW);

                           (xv)   Temporary Business Entry (Class UC);

                         (xva)   Tourist (Class TR);

                         (xvb)   Visitor (Class TV);

                          (xvi)   Working Holiday (Temporary) (Class TZ); or

                  (b)     the holder, as the spouse, de facto partner or a dependent relative of a diplomatic or consular representative of a foreign country, of a Diplomatic (Temporary) (Class TF) visa; or

                   (c)     the holder of a special purpose visa; or

                  (d)     the holder of a visa of one of the following subclasses:

                              (i)   Subclass 303 (Emergency (Temporary Visa Applicant));

                             (ii)   Subclass 427 (Domestic Worker (Temporary) — Executive).

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

                   (a)     the applicant is not the holder of a substantive visa; and

                  (b)     the last substantive visa held by the applicant was:

                              (i)   a student visa; or

                             (ii)   a special purpose visa; or

                            (iii)   a Subclass 303 (Emergency (Temporary Visa Applicant)) visa; or

                            (iv)   a Diplomatic (Temporary) (Class TF) visa granted to the holder as the spouse, de facto partner or a dependent relative, of a diplomatic or consular representative of a foreign country; and 

                   (c)     the application is made within 28 days (or within such period specified by Gazette Notice) after:

                              (i)   the day when that last substantive visa ceased to be in effect; or

                             (ii)   if that last substantive visa was cancelled, and the Migration Review Tribunal has made a decision to set aside and substitute the cancellation decision
or the Minister’s decision not to revoke the cancellation — the later of:

                                   (A)   the day when that last substantive visa ceased to be in effect; and

                                    (B)   the day when the applicant is taken, under sections 368C, 368D and 379C of the Act, to have been notified of the Tribunal’s decision; and

                  (d)     the applicant satisfies Schedule 3 criterion 3005.

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

                   (a)     the applicant:

                              (i)   is the holder of a Subclass 560, 562 or 570 visa that is subject to condition 8101; or

                             (ii)   is the holder of a Subclass 572 visa:

                                   (A)   granted on the basis that the applicant proposed to commence, or had commenced, an ELICOS as a principal course; and

                                    (B)   that is subject to condition 8101; and

                  (b)     the application was made on form 157P or 157P (Internet); and

                   (c)     the applicant gives to the Minister evidence that the applicant has commenced an ELICOS.

                   (5)   An applicant meets the requirements of this subclause if:

                   (a)     the applicant:

                              (i)   is the holder of a Subclass 560, 562 or 570 visa; or

                             (ii)   is the holder of a Subclass 572 visa granted on the basis that the applicant proposed to commence, or had commenced, an ELICOS as a principal course; and

                   (c)     the applicant gives to the Minister evidence of an offer of a place with an education provider of an ELICOS other than the education provider of the ELICOS for which the visa held was granted; and

                  (d)     the Minister is satisfied that there are exceptional circumstances justifying the change in enrolment. 

                   (6)   An applicant meets the requirements of this subclause if:

                   (a)     the applicant is the holder of a Subclass 571, 572, 573, 574, 575 or 576 visa; and

                  (b)     the application was made on form 157A or 157A (Internet); and

                   (c)     the applicant gives to the Minister evidence of an offer of a place with an education provider of an ELICOS other than the education provider of the course, or courses, of study for which the visa held was granted; and

                  (d)     the Minister is satisfied that there are exceptional circumstances justifying the change in enrolment.

570.22       Criteria to be satisfied at time of decision

570.221      (1)   Unless, at the time of application, the applicant met the requirements of subclause 570.211 (4) or (5), the applicant satisfies the criteria in clauses 570.222 to 570.234.

                   (2)   If, at the time of application, the applicant met the requirements of subclause 570.211 (4):

                   (a)     the applicant continues to meet the requirements of paragraph 570.211 (4) (a); and

                  (b)     either:

                              (i)   both of the following:

                                   (A)   the Minister has no reason to believe that the applicant is not a genuine student;

                                    (B)   if the applicant had turned 18 at the time
of application, the applicant satisfies paragraph 570.224 (ba); or

                             (ii)   the applicant satisfies the criteria in clauses 570.223 to 570.234.

                   (3)   If, at the time of application, the applicant met the requirements of subclause 570.211 (5):

                   (a)     the applicant continues to meet the requirements of paragraphs 570.211 (5) (a) and (d); and

                  (b)     either:

                              (i)   the Minister has no reason to believe that the applicant is not a genuine student; or

                             (ii)   the applicant satisfies the criteria in clauses 570.222 to 570.234.

570.222      (1)   Except if subclause (2) applies or if the application was made on form 157E, the applicant gives to the Minister a certificate of enrolment relating to the applicant undertaking a full‑time ELICOS (an acceptable ELICOS):

                   (a)     that has been gazetted under regulation 1.40A; and

                  (b)     the provider of which is not a suspended education provider. 

                   (2)   If a failure of electronic transmission has prevented an education provider from sending a certificate of enrolment and the Minister is satisfied that the applicant needs to travel urgently, the applicant gives to the Minister satisfactory evidence that the applicant is enrolled in an acceptable ELICOS.

                   (3)   If the application was made on form 157E, the applicant is enrolled in an acceptable ELICOS.

570.223      (1)   The Minister is satisfied that the applicant is a genuine applicant for entry and stay as a student because:

                   (a)     the Minister is satisfied that the applicant intends genuinely to stay in Australia temporarily, having regard to:

                              (i)   the applicant’s circumstances; and

                             (ii)   the applicant’s immigration history; and

                            (iii)   if the applicant is a minor — the intentions of a parent, legal guardian or spouse of the applicant; and

                            (iv)   any other relevant matter; and

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

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

                   (a)     the applicant gives to the Minister evidence, in accordance with the requirements mentioned in Schedule 5A for Subclass 570 and the assessment level to which the applicant is subject, in relation to:

                              (i)   the applicant’s English language proficiency for the purposes of each ELICOS that the applicant proposes to undertake; and

                             (ii)   the financial capacity of the applicant to undertake each of those ELICOS without contravening any condition of the visa relating to work; and

                            (iii)   other requirements under Schedule 5A; and

                  (b)     the Minister is satisfied that the applicant is a genuine applicant for entry and stay as a student, having regard to:

                              (i)   the stated intention of the applicant to comply with any conditions subject to which the visa is granted; and

                             (ii)   any other relevant  matter; and

                   (c)     the Minister is satisfied that, while the applicant holds the visa, the applicant will have access to the funds demonstrated or declared in accordance with the requirements in Schedule 5A relating to the applicant’s financial capacity.

570.224      The applicant:

                   (a)     satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4012A, 4013, 4014 and 4020; and

                  (b)     if the applicant seeks to stay in Australia for 12 months or more, satisfies public interest criterion 4010; and

                 (ba)     if the applicant had turned 18 at the time of application, satisfies public interest criterion 4019; and

                   (c)     if the applicant is applying outside Australia and the applicant has previously been in Australia, satisfies special return criteria 5001, 5002 and 5010. 

570.225      The applicant gives to the Minister evidence of adequate arrangements in Australia for health insurance during the period of the applicant’s intended stay in Australia.

570.227      If:

                   (a)     the application was made in Australia; and

                  (b)     subject to clause 570.227A, the applicant is subject to the highest assessment level for the relevant course of study; and

                   (c)     at the time of application, the applicant met the requirements of clause 570.211:

                              (i)   as the holder of a visa of one of the following classes:

                                   (A)   Border (Temporary) (Class TA);

                                    (B)   Business (Temporary) (Class TB);

                                    (C)   Cultural/Social (Temporary) (Class TE);

                                   (D)   Educational (Temporary) (Class TH);

                                    (E)   Electronic Travel Authority (Class UD);

                                    (F)   Expatriate (Temporary) (Class TJ);

                                   (G)   Family Relationship (Temporary) (Class TL);

                                   (H)   Interdependency (Temporary) (Class TM);

                                     (I)   Long Stay (Visitor) (Class TN);

                                  (IA)   Maritime Crew (Temporary) (Class ZM);

                                     (J)   Medical Practitioner (Temporary) (Class UE);

                                   (K)   Retirement (Temporary) (Class TQ);

                                    (L)   Short Stay (Visitor) (Class TR);

                                 (LA)   Superyacht Crew (Temporary) (Class UW);

                                   (M)   Supported Dependant (Temporary) (Class TW);

                                   (N)   Temporary Business Entry (Class UC);

                                (NA)   Tourist (Class TR);

                                 (NB)   Visitor (Class TV);

                                   (O)   Working Holiday (Temporary) (Class TZ); or

                             (ii)   as the holder of a special purpose visa; or

                            (iii)   as the holder of a visa of one of the following subclasses:

                                   (A)   Subclass 303 (Emergency (Temporary Visa Applicant));

                                    (B)   Subclass 427 (Domestic Worker (Temporary) — Executive); or

                            (iv)   as a person:

                                   (A)   who was not the holder of a substantive visa; and

                                    (B)   who, immediately before ceasing to hold a substantive visa, was the holder of a visa mentioned in subparagraph (i), (ii) or (iii);

                   the applicant establishes exceptional reasons for the grant of a Subclass 570 visa.

570.227A   For paragraph 570.227 (b), the highest assessment level does not include assessment level 1.

570.228      If the application was made in Australia and, at the time of application, the applicant was in Australia as the spouse, de facto partner or dependent relative of a diplomatic or consular representative of a country other than Australia:

                   (a)     that representative has completed, or is about to complete, an official posting in Australia; and

                  (b)     the Foreign Minister recommends the grant of the visa.

570.229      (1)   If the applicant is subject to assessment level 3, 4 or 5, the aggregate of the period, or periods, of ELICOS that the applicant is seeking to undertake, together with the period, or periods, of any previous ELICOS undertaken as the holder of a Subclass 570, 572, 573, 574, 575 or 576 visa, or any subsequent bridging visa, does not exceed:

                   (a)     for an applicant who is subject to assessment level 3 — 60 weeks; or

                  (b)     for an applicant who is subject to assessment level 4 or 5 — 40 weeks.

                   (2)   If the applicant is subject to assessment level 3, 4 or 5, the aggregate of the period, or periods, of ELICOS that the applicant is seeking to undertake, together with the period, or periods, of any previous ELICOS undertaken as the holder of a Subclass 571 visa, or any subsequent bridging visa, does not exceed:

                   (a)     for an applicant who is subject to assessment level 3 — 60 weeks; or

                  (b)     for an applicant who is subject to assessment level 4 or 5 — 50 weeks.

570.230      If:

                   (a)     the application was made in Australia; and

                  (b)     either:

                              (i)   the applicant is the holder of a student visa that is subject to condition 8535; or

                             (ii)   the last substantive visa held by the applicant was a student visa that was subject to condition 8535; and

                   (c)     the applicant is, or was, provided financial support by the Commonwealth or the government of a foreign country in relation to the student visa;

                   the applicant gives to the Minister evidence, in writing,
that the Commonwealth or the government of the foreign country, as the case requires, does not oppose the applicant undertaking an ELICOS. 

570.230A   If the applicant is an AusAID student or an AusAID recipient, the applicant has the support of the AusAID Minister for the grant of the visa.

570.231      The applicant holds a passport of a kind specified in a Gazette Notice made under regulation 1.40.

570.232      The applicant is enrolled in, or is the subject of a current offer of enrolment in, a course of study that is:

                   (a)     a principal course; and

                  (b)     of a type that was specified for Subclass 570 visas by the Minister in a Gazette Notice:

                              (i)   made under regulation 1.40A; and

                             (ii)   in force at the time the application was made.

570.233      If the applicant is subject to assessment level 2, the Minister is satisfied that the regular income of any individual (including the applicant) providing funds to the applicant was sufficient to accumulate the level of funding being provided by that individual.

570.234      If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

570.235      If the application was made in Australia, the applicant has complied substantially with the conditions that apply or applied to the last of any substantive visas held by the applicant, and to any subsequent bridging visa.

570.3     Secondary criteria

Note   Requirements to be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria.

570.31       Criteria to be satisfied at time of application

570.311      If the application is made outside Australia, the applicant is a member of the family unit of:

                   (a)     a person who is the holder of a Subclass 560 or 562 visa; or

                  (b)     a person who satisfies, or has satisfied, the primary criteria in Subdivision 570.21.

570.312      (1)   If the application is made in Australia, the applicant meets the requirements of subclause (2), (3), (4) or (5).

                   (2)   An applicant meets the requirements of this subclause if the applicant is the holder of:

                   (a)     a visa of one of the following classes:

                              (i)   Border (Temporary) (Class TA);

                             (ii)   Business (Temporary) (Class TB);

                            (iii)   Cultural/Social (Temporary) (Class TE);

                            (iv)   Educational (Temporary) (Class TH);

                             (v)   Electronic Travel Authority (Class UD);

                            (vi)   Expatriate (Temporary) (Class TJ);

                           (vii)   Family Relationship (Temporary) (Class TL);

                          (viii)   Interdependency (Temporary) (Class TM);

                            (ix)   Long Stay (Visitor) (Class TN);

                          (ixa)   Maritime Crew (Temporary) (Class ZM);

                             (x)   Medical Practitioner (Temporary) (Class UE);

                            (xi)   Retirement (Temporary) (Class TQ);

                           (xii)   Short Stay (Visitor) (Class TR);

                          (xiii)   Student (Temporary) (Class TU);

                        (xiiia)   Superyacht Crew (Temporary) (Class UW);

                          (xiv)   Supported Dependant (Temporary) (Class TW);

                           (xv)   Temporary Business Entry (Class UC);

                         (xva)   Tourist (Class TR);

                         (xvb)   Visitor (Class TV);

                          (xvi)   Working Holiday (Temporary) (Class TZ); or

                  (b)     a Diplomatic (Temporary) (Class TF) visa granted to the holder as the spouse, de facto partner or a dependent relative, of a diplomatic or consular representative of a foreign country; or

                   (c)     a special purpose visa; or

                  (d)     a visa of one of the following subclasses:

                              (i)   Subclass 303 (Emergency (Temporary Visa Applicant));

                             (ii)   Subclass 427 (Domestic Worker (Temporary) — Executive).

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

                   (a)     the applicant does not hold a substantive visa; and

                  (b)     the applicant is a member of the family unit of a person who meets the requirements of subclause 570.211 (3); and

                   (c)     the applicant was a member of the family unit of the person at the time that person’s visa ceased to be in effect.

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

                   (a)     the applicant is the holder of a Subclass 560, 563, 570 or 572 visa that is subject to condition 8101; and

                  (b)     for an applicant who is the holder of a Subclass 560, 563 or 570 visa, the applicant:

                              (i)   is a member of the family unit of a person (the primary person) who holds a Subclass 560, 562 or 570 visa; and

                             (ii)   gives to the Minister evidence that the primary person has commenced an ELICOS; and

                   (c)     for an applicant who is the holder of a Subclass 572 visa:

                              (i)   the visa was granted on the basis that the applicant was a member of the family unit of a person (the primary person) who was the holder of a student visa granted on the basis that the primary person proposed to commence, or had commenced, an ELICOS as a principal course; and

                             (ii)   the applicant gives to the Minister evidence that the primary person has commenced an ELICOS; and

                  (d)     the application was made on form 157P or 157P (Internet).

                   (5)   An applicant meets the requirements of this subclause if:

                   (a)     the applicant does not hold a substantive visa; and

                  (b)     the applicant is a member of the family unit of a person:

                              (i)   who is the holder of a Subclass 560, 562 or 570 visa, having satisfied the primary criteria for that visa; or

                             (ii)   who is the holder of a Subclass 572 visa granted on the basis that the person proposed to commence, or had commenced, an ELICOS as a principal course.

570.314      If the applicant is not included in the application under subregulation 2.07AF (3), or the information under subregulation 2.07AF (4), as a member of the family unit of the primary applicant mentioned in those subregulations, the applicant gives to the Minister evidence that the applicant became such a member of the family unit after the decision to grant the Subclass 570 or 572 visa to the primary applicant was made. 

570.315      The applicant is not a secondary exchange student. 

570.32       Criteria to be satisfied at time of decision

570.321      (1)   Unless, at the time of application, the applicant met the requirements of subclause 570.312 (4), the applicant satisfies the criteria in clauses 570.322 to 570.332. 

                   (2)   If, at the time of application, the applicant met the requirements of subclause 570.312 (4):

                   (a)     the applicant continues to meet the requirements of paragraphs 570.312 (4) (a) and (c); and

                  (b)     either:

                              (i)   both of the following:

                                   (A)   the Minister has no reason to believe that the applicant is not a genuine applicant for entry and stay as a member of the family unit of the primary person mentioned in clause 570.322;

                                    (B)   if the applicant had turned 18 at the time of application, the applicant satisfies paragraph 570.323 (b); or

                             (ii)   the applicant satisfies the criteria in clauses 570.322 to 570.332.

570.322      The applicant is a member of the family unit of a person
(the primary person):

                   (a)     who is the holder of a Subclass 560 or 562 visa and who meets one of the following:

                              (i)   the primary person is a citizen of a gazetted country within the meaning of Part 560 as it read immediately before 1 July 2001;

Note   Under former clause 560.111, gazetted country meant a country specified by Gazette Notice for the purpose of Part 560.

                             (ii)   the primary person is undertaking a course of study paid for, wholly or in part, by:

                                   (A)   the Commonwealth or the government of a State or Territory; or

                                    (B)   the government of a foreign country; or

                                    (C)   a multilateral agency;

                            (iii)   the primary person:

                                   (A)   will be, or has been, granted a visa in relation to an ELICOS that is, or to ELICOS that are together, of a duration of 12 months or more; or

                                    (B)   has been lawfully in Australia for 12 months or more; or

                  (b)     who satisfies, or has satisfied, the primary criteria in Subdivisions 570.21 and 570.22 and who meets one of the following:

                              (i)   the primary person is subject to assessment level 1 or 2;

                             (ii)   the primary person is undertaking a course of study paid for, wholly or in part, by:

                                   (A)   the Commonwealth or the government of a State or Territory; or

                                    (B)   the government of a foreign country; or

                                    (C)   a multilateral agency;

                            (iii)   the primary person:

                                   (A)   will be, or has been, granted a visa in relation to an ELICOS that is, or to ELICOS that are together, of a duration of 12 months or more; or

                                    (B)   has been lawfully in Australia for 12 months or more.

570.323      The applicant:

                   (a)     satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4013, 4014 and 4020; and

                  (b)     if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.

570.324      If the applicant seeks to stay in Australia for 12 months or more, the applicant satisfies public interest criterion 4010. 

570.325      If the application is made outside Australia and the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.

570.326      The Minister is satisfied that:

                 (aa)     the applicant intends genuinely to stay in Australia temporarily, having regard to:

                              (i)   the applicant’s circumstances; and

                             (ii)   the applicant’s immigration history; and

                            (iii)   if the applicant is a minor — the intentions of a parent, legal guardian or spouse of the applicant; and

                            (iv)   any other relevant matter; and

                   (a)     the applicant is a genuine applicant for entry and stay as a member of the family unit of the primary person mentioned in clause 570.322; and

                  (b)     that primary person has adequate means to support himself or herself and the members of his or her family unit during the period of the applicant’s intended stay in Australia; and

                   (c)     on the basis of the applicant’s stated intention, the applicant intends to comply with any conditions subject to which the visa is granted; and

                  (d)     if the applicant is required to give evidence in accordance with Schedule 5B — while the applicant holds the visa, the applicant or the primary person will have access to the funds demonstrated or declared in accordance with the requirements in that Schedule.

570.327      The applicant gives to the Minister evidence of adequate arrangements in Australia for health insurance during the period of the applicant’s intended stay in Australia.

570.328      If:

                   (a)     the applicant is a school‑age dependant of the primary person mentioned in clause 570.322; and

                  (b)     the period of stay proposed in the application is more than 3 months;

                   the applicant gives to the Minister evidence that adequate arrangements have been made for the education of the applicant in Australia.

570.329      If the application was made outside Australia and made separately from that of the primary person mentioned in clause 570.322:

                   (a)     the primary person is, or is expected soon to be, in Australia; and

                  (b)     a nomination of the applicant by the primary person, on approved form 919, has been lodged and has been approved by the Minister.

570.330      The applicant gives evidence that there are sufficient funds to meet the travel costs for the applicant:

                   (a)     if the applicant is not in Australia — to Australia, and from Australia; or

                  (b)     if the applicant is in Australia — from Australia.

570.331      If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

570.332      (1)   If the applicant:

                   (a)     is a member of the family unit of a person (the primary person) to whom subclause (2) applies; and

                  (b)     was not included in the application for a student visa made by the primary person;

                   the applicant must give evidence, in accordance with Schedule 5B, for the assessment level to which the primary person was subject at the time of the decision in relation to the primary person.

                   (2)   This subclause applies to a primary person who:

                   (a)     is the holder of a Subclass 570 visa, granted on or after 1 December 2003 on the basis of satisfying the primary criteria in Division 570.2; and

                  (b)     was subject to assessment level 2, 3 or 4 at the time of the decision to grant the visa; and

                   (c)     was, at the time of the decision to grant the visa:

                              (i)   fully funded; or

                             (ii)   the subject of an arrangement by which the course fees, living costs and travel costs for the primary person’s full period, assessed for the primary person alone, were to be met by:

                                   (A)   a provincial or state government in a foreign country, with the written support of the government of that country; or

                                    (B)   an organisation specified by the Minister in a Gazette Notice for this paragraph.

                   (3)   If the applicant:

                   (a)     is a member of the family unit of a person (the primary person) to whom subclause (4) applies; and

                  (b)     was not included in the application for a student visa made by the primary person;

                   the Minister must be satisfied that the regular income of any individual (including the applicant) providing funds to the applicant was sufficient to accumulate the level of funding being provided by that individual.

                   (4)   This subclause applies to a primary person who:

                   (a)     is the holder of a Subclass 570 visa, granted on or after 1 December 2003 on the basis of satisfying the primary criteria in Division 570.2; and

                  (b)     was subject to assessment level 2 at the time of the decision to grant the visa; and

                   (c)     was, at the time of the decision to grant the visa:

                              (i)   fully funded; or

                             (ii)   the subject of an arrangement by which the course fees, living costs and travel costs for the primary person’s full period, assessed for the primary person alone, were to be met by:

                                   (A)   a provincial or state government in a foreign country, with the written support of the government of that country; or

                                    (B)   an organisation specified by the Minister in a Gazette Notice for this paragraph.

570.333      If the application was made in Australia, the applicant has complied substantially with the conditions that apply or applied to the last of any substantive visas held by the applicant, and to any subsequent bridging visa.

570.334      The Minister is satisfied that:

                   (a)     the applicant is the holder of a valid passport that:

                              (i)   was issued to the applicant by an official source; and

                             (ii)   is in the form issued by the official source; or

                  (b)     it would be unreasonable to require the applicant to be the holder of a passport.

570.4     Circumstances applicable to grant

570.411      If the application is made outside Australia, the applicant must be outside Australia at the time of grant.

570.412      If the application is made in Australia, the applicant must be in Australia at the time of grant.

570.5     When visa is in effect

570.511      Temporary visa permitting the holder to travel to, enter and remain in Australia:

                   (a)     if the application is made on form 157P or 157P (Internet) — until the date on which the visa held by the applicant at the time of application would have ceased to be in effect; and

                  (b)     otherwise — until a date specified by the Minister.

570.6     Conditions

570.611      If the applicant satisfies the primary criteria:

                   (a)     in all cases, conditions 8105, 8202, 8501, 8516, 8517, 8532 and 8533; and

                  (d)     if the applicant is a citizen of Iran, condition 8204; and

                   (e)     subject to clause 570.612, any 1 or more of conditions 8303, 8523 and 8535 may be imposed.

570.612      If, at the time of application, the applicant was the holder of a Subclass 560, 562, 570, 571, 572, 573, 574, 575 or 576 visa that was subject to condition 8523 and the applicant satisfies the primary criteria, condition 8523.

570.613      (1)   If the applicant:

                   (a)     satisfies the primary criteria; and

                  (b)     is subject to assessment level 3, 4 or 5; and

                   (c)     is seeking to undertake an ELICOS that is, or ELICOS that are together, of 10 months duration or less; and

                  (d)     is not an applicant to whom subclause (2) applies;

                   condition 8534.

                   (2)   If the applicant:

                   (a)     satisfies the primary criteria; and

                  (b)     is subject to assessment level 3; and

                   (c)     gives to the Minister the evidence mentioned in subclause (3);

                   condition 8534 may be imposed.

                   (3)   For subclause (2), the evidence is:

                   (a)     evidence that the applicant has funds from an acceptable source that are sufficient to meet the following expenses for the period of 12 months after the full period:

                              (i)   living costs, within the meaning of subclause 5A104 (1);

                             (ii)   school costs, within the meaning of subclause 5A104 (2); and

                  (b)     evidence that the applicant has a further amount, specified by the Minister in an instrument in writing for this paragraph, in funds from an acceptable source; and

                   (c)     evidence that the regular income of any individual (including the applicant) providing funds to the applicant was sufficient to accumulate the level of funding being provided by that individual.

                   (4)   For paragraphs (3) (a) and (b), the funds must be in addition to the funds for which the applicant provided evidence for subclause 5A208 (1).

                   (5)   If the applicant satisfies the secondary criteria as a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 570 visa that is subject to condition 8534, condition 8534.

                   (6)   In this clause:

funds from an acceptable source has the meaning given by subclause 5A208 (2).

570.614      (1)   If the applicant (the primary applicant) is subject to assessment level 1 or 2 and is seeking to undertake an ELICOS that is, or ELICOS that are together, of 10 months duration or less, condition 8534 may be imposed. 

                   (2)   If the applicant satisfies the secondary criteria as a member of the family unit of the primary applicant, condition 8534 may be imposed. 

570.615      (1)   If the applicant (the primary applicant) is seeking to undertake an ELICOS that is, or ELICOS that are together, of more than 10 months duration, condition 8534 may be imposed. 

                   (2)   If the applicant satisfies the secondary criteria as a member of the family unit of the primary applicant, condition 8534 may be imposed. 

570.616      (1)   If the applicant satisfies the secondary criteria:

                   (a)     in all cases:

                              (i)   conditions 8501 and 8516; and

                             (ii)   condition 8518 (except if the visa is granted to an applicant who has turned 18); and

                  (b)     if the applicant is a citizen of Iran, condition 8204; and

                   (c)     subject to subclause (2), condition 8201 must be imposed if the applicant has turned 18; and

                  (d)     any 1 or more of conditions 8303, 8522 and 8535 may be imposed. 

                   (2)   Condition 8201 is not imposed on a student visa granted to an applicant who has turned 18 if, at the time of the application:

                   (a)     the applicant was the holder of a Subclass 560 visa as a person who satisfied the secondary criteria in Subdivision 560.31 and 560.32; or

                  (b)     the applicant was the holder of a Subclass 563 visa; or

                   (c)     the applicant was:

                              (i)   the holder of a Subclass 570, 571, 572, 573, 574, 575 or 576 visa as a person who satisfied the secondary criteria for the subclass; and

                             (ii)   immediately before being granted the Subclass 570, 571, 572, 573, 574, 575 or 576 visa, the holder of a Subclass 560 or 563 visa that was subject to condition 8101. 

570.617      If the applicant satisfies the secondary criteria, condition 8104.

570.7     Way of giving evidence

570.711      No evidence need be given.

570.712      If evidence is given, to be given by a label affixed to a valid passport.

Subclass 571             Schools Sector

571.1     Interpretation

571.111      In this Part:

course fees has the same meaning as in Schedule 5A.

course of study means:

                   (a)     in relation to a secondary exchange student — a full‑time course of study under a secondary school student exchange program approved by the State or Territory education authority that administers the program; or

                  (b)     in any other case — a full‑time registered course of study.

Note 1   secondary exchange student is defined in regulation 1.03.

Note 2   To work out whether a course of study is a principal course, see subregulation 1.40 (2).

full period has the same meaning as in Schedule 5A.

fully funded has the same meaning as in Schedule 5A.

living costs has the same meaning as in Schedule 5A.

travel costs has the same meaning as in Schedule 5A.

Note   foreign country is defined in paragraph 22 (1) (f) of the Acts Interpretation Act 1901 as any country (whether or not an independent sovereign state) outside Australia and the external Territories.

571.2     Primary criteria

Note   The primary criteria must be satisfied by at least one member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria.

571.21       Criteria to be satisfied at time of application

571.211      (1)   If the application is made in Australia, the applicant meets the requirements of subclause (2), (3), (4) or (6).

                   (2)   An applicant meets the requirements of this subclause if the applicant is:

                   (a)     the holder of a visa of one of the following classes:

                              (i)   Border (Temporary) (Class TA);

                             (ii)   Business (Temporary) (Class TB);

                            (iii)   Cultural/Social (Temporary) (Class TE);

                            (iv)   Educational (Temporary) (Class TH);

                             (v)   Electronic Travel Authority (Class UD);

                            (vi)   Expatriate (Temporary) (Class TJ);

                           (vii)   Family Relationship (Temporary) (Class TL);

                          (viii)   Interdependency (Temporary) (Class TM);

                            (ix)   Long Stay (Visitor) (Class TN);

                          (ixa)   Maritime Crew (Temporary) (Class ZM);

                             (x)   Medical Practitioner (Temporary) (Class UE);

                            (xi)   Retirement (Temporary) (Class TQ);

                           (xii)   Short Stay (Visitor) (Class TR);

                          (xiii)   Student (Temporary) (Class TU);

                        (xiiia)   Superyacht Crew (Temporary) (Class UW);

                          (xiv)   Supported Dependant (Temporary) (Class TW);

                           (xv)   Temporary Business Entry (Class UC);

                         (xva)   Tourist (Class TR);

                         (xvb)   Visitor (Class TV);

                          (xvi)   Working Holiday (Temporary) (Class TZ); or

                  (b)     the holder, as the spouse, de facto partner or a dependent relative of a diplomatic or consular representative of a foreign country, of a Diplomatic (Temporary) (Class TF) visa; or

                   (c)     the holder of a special purpose visa; or

                  (d)     the holder of a visa of one of the following subclasses:

                              (i)   Subclass 303 (Emergency (Temporary Visa Applicant));

                             (ii)   Subclass 427 (Domestic Worker (Temporary) — Executive).

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

                   (a)     the applicant is not the holder of a substantive visa; and

                  (b)     the last substantive visa held by the applicant was:

                              (i)   a student visa; or

                             (ii)   a special purpose visa; or

                            (iii)   a Subclass 303 (Emergency (Temporary Visa Applicant)) visa; or

                            (iv)   a Diplomatic (Temporary) (Class TF) visa granted to the holder as the spouse, de facto partner or a dependent relative, of a diplomatic or consular representative of a foreign country; and

                   (c)     the application is made within 28 days (or within such period specified by Gazette Notice) after:

                              (i)   the day when that last substantive visa ceased to be in effect; or

                             (ii)   if that last substantive visa was cancelled, and the Migration Review Tribunal has made a decision to set aside and substitute the cancellation decision
or the Minister’s decision not to revoke the cancellation — the later of:

                                   (A)   the day when that last substantive visa ceased to be in effect; and

                                    (B)   the day when the applicant is taken, under sections 368C, 368D and 379C of the Act, to have been notified of the Tribunal’s decision; and

                  (d)     the applicant satisfies Schedule 3 criterion 3005.

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

                   (a)     the applicant is the holder of a Subclass 560, 562 or 571 visa that is subject to condition 8101; and

                  (b)     the application was made on form 157P or 157P (Internet); and

                   (c)     the applicant gives to the Minister evidence that the applicant has commenced a course of study for which the visa held was granted.

                   (6)   An applicant meets the requirements of this subclause if:

                   (a)     the applicant is the holder of a Subclass 570, 572, 573, 575 or 576 visa; and

                  (b)     the application was made on form 157A or 157A (Internet); and

                   (c)     except if the applicant is a secondary exchange student, the applicant gives to the Minister evidence of an offer of a place with an education provider of a course of study other than the education provider of a course of study for which the visa held was granted; and

                  (d)     the Minister is satisfied that there are exceptional circumstances justifying the change in enrolment.

571.22       Criteria to be satisfied at time of decision

571.221      (1)   Unless, at the time of application, the applicant met the requirements of subclause 571.211 (4), the applicant satisfies the criteria in clauses 571.222 to 571.236.

                   (2)   If, at the time of application, the applicant met the requirements of subclause 571.211 (4):

                   (a)     the applicant continues to meet the requirements of paragraph 571.211 (4) (a); and

                  (b)     either:

                              (i)   both of the following:

                                   (A)   the Minister has no reason to believe that the applicant is not a genuine student;

                                    (B)   if the applicant had turned 18 at the time
of application, the applicant satisfies paragraph 571.224 (ba); or

                             (ii)   the applicant satisfies the criteria in clauses 571.223 to 571.236.

571.222      (1)   Except if:

                   (a)     subclause (2) applies; or

                  (b)     the application was made on form 157E; or

                   (c)     the applicant is a secondary exchange student;

                   the applicant gives to the Minister a certificate of enrolment relating to the applicant undertaking a course of study the provider of which is not a suspended education provider (an acceptable course).

                   (2)   If a failure of electronic transmission has prevented an education provider from sending a certificate of enrolment and the Minister is satisfied that the applicant needs to travel urgently, the applicant gives to the Minister satisfactory evidence that the applicant is enrolled in an acceptable course.

                   (3)   If the application was made on form 157E, the applicant is enrolled in an acceptable course.

                   (4)   If the applicant is a secondary exchange student, the applicant is enrolled in an acceptable course. 

571.223      (1)   The Minister is satisfied that the applicant is a genuine applicant for entry and stay as a student because:

                   (a)     the Minister is satisfied that the applicant intends genuinely to stay in Australia temporarily, having regard to:

                              (i)   the applicant’s circumstances; and

                             (ii)   the applicant’s immigration history; and

                            (iii)   if the applicant is a minor — the intentions of a parent, legal guardian or spouse of the applicant; and

                            (iv)   any other relevant matter; and

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

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

                   (a)     the applicant gives the Minister evidence in accordance with the requirements mentioned in Schedule 5A for the highest assessment level for the applicant; and

                  (b)     the Minister is satisfied that the applicant is a genuine applicant for entry and stay as a student, having regard to:

                              (i)   the stated intention of the applicant to comply with any conditions subject to which the visa is granted; and

                             (ii)   any other relevant matter; and

                   (c)     the Minister is satisfied that, while the applicant holds the visa, the applicant will have access to the funds demonstrated or declared in accordance with the requirements in Schedule 5A relating to the applicant’s financial capacity.

571.224      The applicant:

                   (a)     satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4012A, 4013, 4014 and 4020; and

                  (b)     if the applicant seeks to stay in Australia for 12 months or more, satisfies public interest criterion 4010; and

                 (ba)     if the applicant had turned 18 at the time of application, satisfies public interest criterion 4019; and

                   (c)     if the applicant is applying outside Australia and the applicant has previously been in Australia, satisfies special return criteria 5001, 5002 and 5010. 

571.225      The applicant gives to the Minister evidence of adequate arrangements in Australia for health insurance during the period of the applicant’s intended stay in Australia.

571.227      If:

                   (a)     the application was made in Australia; and

                  (b)     subject to clause 571.227A, the applicant is subject to the highest assessment level for the relevant course of study; and

                   (c)     at the time of application, the applicant met the requirements of clause 571.211:

                              (i)   as the holder of a visa of one of the following classes:

                                   (A)   Border (Temporary) (Class TA);

                                    (B)   Business (Temporary) (Class TB);

                                    (C)   Cultural/Social (Temporary) (Class TE);

                                   (D)   Educational (Temporary) (Class TH);

                                    (E)   Electronic Travel Authority (Class UD);

                                    (F)   Expatriate (Temporary) (Class TJ);

                                   (G)   Family Relationship (Temporary) (Class TL);

                                   (H)   Interdependency (Temporary) (Class TM);

                                     (I)   Long Stay (Visitor) (Class TN);

                                  (IA)   Maritime Crew (Temporary) (Class ZM);

                                     (J)   Medical Practitioner (Temporary) (Class UE);

                                   (K)   Retirement (Temporary) (Class TQ);

                                    (L)   Short Stay (Visitor) (Class TR);

                                 (LA)   Superyacht Crew (Temporary) (Class UW);

                                   (M)   Supported Dependant (Temporary) (Class TW);

                                   (N)   Temporary Business Entry (Class UC);

                                (NA)   Tourist (Class TR);

                                 (NB)   Visitor (Class TV);

                                   (O)   Working Holiday (Temporary) (Class TZ); or

                             (ii)   as the holder of a special purpose visa; or

                            (iii)   as the holder of a visa of one of the following subclasses:

                                   (A)   Subclass 303 (Emergency (Temporary Visa Applicant));

                                    (B)   Subclass 427 (Domestic Worker (Temporary) — Executive); or

                            (iv)   as a person:

                                   (A)   who was not the holder of a substantive visa; and

                                    (B)   who, immediately before ceasing to hold a substantive visa, was the holder of a visa mentioned in subparagraph (i), (ii) or (iii);

                   the applicant establishes exceptional reasons for the grant of a Subclass 571 visa.

571.227A   For paragraph 571.227 (b), the highest assessment level does not include assessment level 1.

571.228      If the application was made in Australia and, at the time of application, the applicant was in Australia as the spouse, de facto partner or dependent relative of a diplomatic or consular representative of a country other than Australia:

                   (a)     that representative has completed, or is about to complete, an official posting in Australia; and

                  (b)     the Foreign Minister recommends the grant of the visa.

571.229      If:

                   (a)     the application was made in Australia; and

                  (b)     either:

                              (i)   the applicant is the holder of a student visa that is subject to condition 8535; or

                             (ii)   the last substantive visa held by the applicant was a student visa that was subject to condition 8535; and

                   (c)     the applicant is, or was, provided financial support by the Commonwealth or the government of a foreign country in relation to the student visa;

                   the applicant gives to the Minister evidence, in writing, that the Commonwealth or the government of the foreign country, as the case requires, does not oppose the applicant undertaking a course of study. 

571.229A   If the applicant is an AusAID student or an AusAID recipient, the applicant has the support of the AusAID Minister for the grant of the visa.

571.230      The applicant holds a passport of a kind specified in a Gazette Notice made under regulation 1.40.

571.231      If the applicant is subject to assessment level 3, the Minister is satisfied that the applicant is of an age that is appropriate to the entry level for the applicant’s principal course. 

571.232      The applicant is enrolled in, or is the subject of a current offer of enrolment in, a course of study that is:

                   (a)     a principal course; and

                  (b)     of a type that was specified for Subclass 571 visas by the Minister in a Gazette Notice:

                              (i)   made under regulation 1.40A; and

                             (ii)   in force at the time the application was made.

571.233      If the applicant is subject to assessment level 2, the Minister is satisfied that the regular income of any individual (including the applicant) providing funds to the applicant was sufficient to accumulate the level of funding being provided by that individual.

571.234      If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

571.235      (1)   If the applicant is subject to assessment level 3, 4 or 5, the aggregate of the period, or periods, of ELICOS that the applicant is seeking to undertake, together with the period, or periods, of any previous ELICOS undertaken as the holder of a Subclass 570, 572, 573, 574, 575 or 576 visa, or any subsequent bridging visa, does not exceed:

                   (a)     for an applicant who is subject to assessment level 3 — 60 weeks; or

                  (b)     for an applicant who is subject to assessment level 4 or 5 — 40 weeks.

                   (2)   If the applicant is subject to assessment level 3, 4 or 5, the aggregate of the period, or periods, of ELICOS that the applicant is seeking to undertake, together with the period, or periods, of any previous ELICOS undertaken as the holder of a Subclass 571 visa, or any subsequent bridging visa, does not exceed:

                   (a)     for an applicant who is subject to assessment level 3 — 60 weeks; or

                  (b)     for an applicant who is subject to assessment level 4 or 5 — 50 weeks.

571.236      If the applicant is not a secondary exchange student, the year or level of school study that the applicant intends to undertake must not be a year or level that is more than 18 months below a year or level that the applicant has previously undertaken in Australia or another country.

571.237      If the application was made in Australia, the applicant has complied substantially with the conditions that apply or applied to the last of any substantive visas held by the applicant, and to any subsequent bridging visa.

571.3     Secondary criteria

Note   Requirements to be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria.

571.31       Criteria to be satisfied at time of application

571.311      If the application is made outside Australia, the applicant is a member of the family unit of:

                   (a)     a person who is the holder of a Subclass 560 or 562 visa; or

                  (b)     a person who satisfies, or has satisfied, the primary criteria in Subdivision 571.21.

571.312      (1)   If the application is made in Australia, the applicant meets the requirements of subclause (2), (3), (4) or (5).

                   (2)   An applicant meets the requirements of this subclause if the applicant is:

                   (a)     the holder of a visa of one of the following classes:

                              (i)   Border (Temporary) (Class TA);

                             (ii)   Business (Temporary) (Class TB);

                            (iii)   Cultural/Social (Temporary) (Class TE);

                            (iv)   Educational (Temporary) (Class TH);

                             (v)   Electronic Travel Authority (Class UD);

                            (vi)   Expatriate (Temporary) (Class TJ);

                           (vii)   Family Relationship (Temporary) (Class TL);

                          (viii)   Interdependency (Temporary) (Class TM);

                            (ix)   Long Stay (Visitor) (Class TN);

                          (ixa)   Maritime Crew (Temporary) (Class ZM);

                             (x)   Medical Practitioner (Temporary) (Class UE);

                            (xi)   Retirement (Temporary) (Class TQ);

                           (xii)   Short Stay (Visitor) (Class TR);

                          (xiii)   Student (Temporary) (Class TU);

                        (xiiia)   Superyacht Crew (Temporary) (Class UW);

                          (xiv)   Supported Dependant (Temporary) (Class TW);

                           (xv)   Temporary Business Entry (Class UC);

                         (xva)   Tourist (Class TR);

                         (xvb)   Visitor (Class TV);

                          (xvi)   Working Holiday (Temporary) (Class TZ); or

                  (b)     the holder of a Diplomatic (Temporary) (Class TF) visa granted to the holder as the spouse, de facto partner or a dependent relative, of a diplomatic or consular representative of a foreign country; or

                   (c)     the holder of a special purpose visa; or

                  (d)     the holder of a visa of one of the following subclasses:

                              (i)   Subclass 303 (Emergency (Temporary Visa Applicant));

                             (ii)   Subclass 427 (Domestic Worker (Temporary) — Executive).

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

                   (a)     the applicant does not hold a substantive visa; and

                  (b)     the applicant is a member of the family unit of a person who meets the requirements of subclause 571.211 (3); and

                   (c)     the applicant was a member of the family unit of the person at the time that person’s visa ceased to be in effect.

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

                   (a)     the applicant is the holder of a Subclass 560, 563 or 571 visa that is subject to condition 8101; and

                  (b)     the application was made on form 157P or 157P (Internet); and

                   (c)     the applicant is a member of the family unit of a person who is the holder of a Subclass 560, 562 or 571 visa; and

                  (d)     the applicant gives to the Minister evidence that the holder of the Subclass 560, 562 or 571 visa mentioned in paragraph (c) has commenced a course of study.

                   (5)   An applicant meets the requirements of this subclause if:

                   (a)     the applicant does not hold a substantive visa; and

                  (b)     the applicant is a member of the family unit of a person who holds a Subclass 560, 562 or 571 student visa, having satisfied the primary criteria for that visa.

571.314      If the applicant is not included in the application under subregulation 2.07AF (3), or the information under subregulation 2.07AF (4), as a member of the family unit of the primary applicant mentioned in those subregulations, the applicant gives to the Minister evidence that the applicant became such a member of the family unit after the decision to grant the Subclass 571 visa to the primary applicant was made. 

571.32       Criteria to be satisfied at time of decision

571.321      (1)   Unless, at the time of application, the applicant met the requirements of subclause 571.312 (4), the applicant satisfies the criteria in clauses 571.322 to 571.332. 

                   (2)   If, at the time of application, the applicant met the requirements of subclause 571.312 (4):

                   (a)     the applicant continues to meet the requirements of paragraphs 571.312 (4) (a) and (c); and

                  (b)     either:

                              (i)   both of the following:

                                   (A)   the Minister has no reason to believe that the applicant is not a genuine applicant for entry and stay as a member of the family unit of the primary person mentioned in clause 571.322;

                                    (B)   if the applicant had turned 18 at the time
of application, the applicant satisfies paragraph 571.323 (b); or

                             (ii)   the applicant satisfies the criteria in clauses 571.322 to 571.332.

571.322      The applicant is a member of the family unit of a person (the primary person):

                   (a)     who is the holder of a Subclass 560 or 562 visa and who meets one of the following:

                              (i)   the primary person is a citizen of a gazetted country within the meaning of Part 560 as it read immediately before 1 July 2001;

Note   Under former clause 560.111, gazetted country meant a country specified by Gazette Notice for the purpose of Part 560.

                             (ii)   the primary person is undertaking a course of study paid for, wholly or in part, by:

                                   (A)   the Commonwealth or the government of a State or Territory; or

                                    (B)   the government of a foreign country; or

                                    (C)   a multilateral agency;

                            (iii)   the primary person:

                                   (A)   will be, or has been, granted a visa in relation to a course of study that is, or to courses of study that are together, of a duration of 12 months or more; or

                                    (B)   has been lawfully in Australia for 12 months or more; or

                  (b)     who satisfies, or has satisfied, the primary criteria in Subdivisions 571.21 and 571.22 and who meets one of the following:

                              (i)   the primary person is subject to assessment level 1 or 2;

                             (ii)   the primary person is undertaking a course of study paid for, wholly or in part, by:

                                   (A)   the Commonwealth or the government of a State or Territory; or

                                    (B)   the government of a foreign country; or

                                    (C)   a multilateral agency;

                            (iii)   the primary person:

                                   (A)   will be, or has been, granted a visa in relation to a course of study that is, or to courses of study that are together, of a duration of 12 months or more; or

                                    (B)   has been lawfully in Australia for 12 months or more.

571.323      The applicant:

                   (a)     satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4013, 4014 and 4020; and

                  (b)     if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.

571.324      If the applicant seeks to stay in Australia for 12 months or more, the applicant satisfies public interest criterion 4010. 

571.325      If the application is made outside Australia and the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.

571.326      The Minister is satisfied that:

                 (aa)     the applicant intends genuinely to stay in Australia temporarily, having regard to:

                              (i)   the applicant’s circumstances; and

                             (ii)   the applicant’s immigration history; and

                            (iii)   if the applicant is a minor — the intentions of a parent, legal guardian or spouse of the applicant; and

                            (iv)   any other relevant matter; and

                   (a)     the applicant is a genuine applicant for entry and stay as a member of the family unit of the primary person mentioned in clause 571.322; and

                  (b)     that primary person has adequate means to support himself or herself and the members of his or her family unit during the period of the applicant’s intended stay in Australia; and

                   (c)     on the basis of the applicant’s stated intention, the applicant intends to comply with any conditions subject to which the visa is granted; and

                  (d)     if the applicant is required to give evidence in accordance with Schedule 5B — while the applicant holds the visa, the applicant or the primary person will have access to the funds demonstrated or declared in accordance with the requirements in that Schedule.

571.327      The applicant gives to the Minister evidence of adequate arrangements in Australia for health insurance during the period of the applicant’s intended stay in Australia.

571.328      If:

                   (a)     the applicant is a school‑age dependant of the primary person mentioned in clause 571.322; and

                  (b)     the period of stay proposed in the application is more than 3 months;

                   the applicant gives to the Minister evidence that adequate arrangements have been made for the education of the applicant in Australia.

571.329      If the application was made outside Australia and made separately from that of the primary person mentioned in clause 571.322:

                   (a)     the primary person is, or is expected soon to be, in Australia; and

                  (b)     a nomination of the applicant by the primary person, on approved form 919, has been lodged and has been approved by the Minister.

571.330      The applicant gives evidence that there are sufficient funds to meet the travel costs for the applicant:

                   (a)     if the applicant is not in Australia — to Australia, and from Australia; or

                  (b)     if the applicant is in Australia — from Australia.

571.331      If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

571.332      (1)   If the applicant:

                   (a)     is a member of the family unit of a person (the primary person) to whom subclause (2) applies; and

                  (b)     was not included in the application for a student visa made by the primary person;

                   the applicant must give evidence, in accordance with Schedule 5B, for the assessment level to which the primary person was subject at the time of the decision in relation to the primary person.

                   (2)   This subclause applies to a primary person who:

                   (a)     is the holder of a Subclass 571 visa, granted on or after 1 December 2003 on the basis of satisfying the primary criteria in Division 571.2; and

                  (b)     was subject to assessment level 2, 3 or 4 at the time of the decision to grant the visa; and

                   (c)     was, at the time of the decision to grant the visa:

                              (i)   fully funded; or

                             (ii)   the subject of an arrangement by which the course fees, living costs and travel costs for the primary person’s full period, assessed for the primary person alone, were to be met by:

                                   (A)   a provincial or state government in a foreign country, with the written support of the government of that country; or

                                    (B)   an organisation specified by the Minister in a Gazette Notice for this paragraph.

                   (3)   If the applicant:

                   (a)     is a member of the family unit of a person (the primary person) to whom subclause (4) applies; and

                  (b)     was not included in the application for a student visa made by the primary person;

                   the Minister must be satisfied that the regular income of any individual (including the applicant) providing funds to the applicant was sufficient to accumulate the level of funding being provided by that individual.

                   (4)   This subclause applies to a primary person who:

                   (a)     is the holder of a Subclass 571 visa, granted on or after 1 December 2003 on the basis of satisfying the primary criteria in Division 571.2; and

                  (b)     was subject to assessment level 2 at the time of the decision to grant the visa; and

                   (c)     was, at the time of the decision to grant the visa:

                              (i)   fully funded; or

                             (ii)   the subject of an arrangement by which the course fees, living costs and travel costs for the primary person’s full period, assessed for the primary person alone, were to be met by:

                                   (A)   a provincial or state government in a foreign country, with the written support of the government of that country; or

                                    (B)   an organisation specified by the Minister in a Gazette Notice for this paragraph.

571.333      If the application was made in Australia, the applicant has complied substantially with the conditions that apply or applied to the last of any substantive visas held by the applicant, and to any subsequent bridging visa.

571.334      The Minister is satisfied that:

                   (a)     the applicant is the holder of a valid passport that:

                              (i)   was issued to the applicant by an official source; and

                             (ii)   is in the form issued by the official source; or

                  (b)     it would be unreasonable to require the applicant to be the holder of a passport.

571.4     Circumstances applicable to grant

571.411      If the application is made outside Australia, the applicant must be outside Australia at the time of grant.

571.412      If the application is made in Australia, the applicant must be in Australia at the time of grant.

571.5     When visa is in effect

571.511      Temporary visa permitting the holder to travel to, enter and remain in Australia:

                   (a)     if the application is made on form 157P or 157P (Internet) — until the date on which the visa held by the applicant at the time of application would have ceased to be in effect; and

                  (b)     otherwise — until a date specified by the Minister.

571.6     Conditions

571.611      If the applicant satisfies the primary criteria:

                   (a)     in all cases, conditions 8105, 8202, 8501, 8516, 8517, 8532 and 8533; and

                  (d)     if the applicant is a citizen of Iran, condition 8204; and

                   (e)     subject to clause 571.612, any 1 or more of conditions 8303, 8523, 8534 and 8535 may be imposed.

571.612      If, at the time of application, the applicant was the holder of a Subclass 560, 562, 570, 571, 572, 573, 574, 575 or 576 visa that was subject to condition 8523 and the applicant satisfies the primary criteria, condition 8523.

571.613      (1)   If the applicant satisfies the secondary criteria:

                   (a)     in all cases:

                              (i)   conditions 8501 and 8516; and

                             (ii)   condition 8518 (except if the visa is granted to an applicant who has turned 18); and

                  (b)     if the applicant is a citizen of Iran, condition 8204; and

                   (c)     subject to subclause (2), condition 8201 must be imposed if the applicant has turned 18; and

                  (d)     any 1 or more of conditions 8303, 8522, 8534 and 8535 may be imposed. 

                   (2)   Condition 8201 is not imposed on a student visa granted to an applicant who has turned 18 if, at the time of the application:

                   (a)     the applicant was the holder of a Subclass 560 visa as a person who satisfied the secondary criteria in Subdivisions 560.31 and 560.32; or

                  (b)     the applicant was the holder of a Subclass 563 visa; or

                   (c)     the applicant was:

                              (i)   the holder of a Subclass 570, 571, 572, 573, 574, 575 or 576 visa as a person who satisfied the secondary criteria for the subclass; and

                             (ii)   immediately before being granted the Subclass 570, 571, 572, 573, 574, 575 or 576 visa, the holder of a Subclass 560 or 563 visa that was subject to condition 8101. 

571.614      If the applicant satisfies the secondary criteria, condition 8104.

571.7     Way of giving evidence

571.711      No evidence need be given.

571.712      If evidence is given, to be given by a label affixed to a valid passport.

Subclass 572             Vocational Education and Training Sector

572.1     Interpretation

572.111      In this Part:

course fees has the same meaning as in Schedule 5A.

course of study means a full‑time registered course of study.

Note   To work out whether a course of study is a principal course, see subregulation 1.40 (2).

full period has the same meaning as in Schedule 5A.

fully funded has the same meaning as in Schedule 5A.

living costs has the same meaning as in Schedule 5A.

travel costs has the same meaning as in Schedule 5A.

Note   foreign country is defined in paragraph 22 (1) (f) of the
Acts Interpretation Act 1901 as any country (whether or not an independent sovereign state) outside Australia and the external Territories.

572.2     Primary criteria

Note   The primary criteria must be satisfied by at least one member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria.

572.21       Criteria to be satisfied at time of application

572.211      (1)   If the application is made in Australia, the applicant meets the requirements of subclause (2), (3), (4) or (6).

                   (2)   An applicant meets the requirements of this subclause if the applicant is:

                   (a)     the holder of a visa of one of the following classes:

                              (i)   Border (Temporary) (Class TA);

                             (ii)   Business (Temporary) (Class TB);

                            (iii)   Cultural/Social (Temporary) (Class TE);

                            (iv)   Educational (Temporary) (Class TH);

                             (v)   Electronic Travel Authority (Class UD);

                            (vi)   Expatriate (Temporary) (Class TJ);

                           (vii)   Family Relationship (Temporary) (Class TL);

                          (viii)   Interdependency (Temporary) (Class TM);

                            (ix)   Long Stay (Visitor) (Class TN);

                          (ixa)   Maritime Crew (Temporary) (Class ZM);

                             (x)   Medical Practitioner (Temporary) (Class UE);

                            (xi)   Retirement (Temporary) (Class TQ);

                           (xii)   Short Stay (Visitor) (Class TR);

                          (xiii)   Student (Temporary) (Class TU);

                        (xiiia)   Superyacht Crew (Temporary) (Class UW);

                          (xiv)   Supported Dependant (Temporary) (Class TW);

                           (xv)   Temporary Business Entry (Class UC);

                         (xva)   Tourist (Class TR);

                         (xvb)   Visitor (Class TV);

                          (xvi)   Working Holiday (Temporary) (Class TZ); or

                  (b)     the holder, as the spouse, de facto partner or a dependent relative of a diplomatic or consular representative of a foreign country, of a Diplomatic (Temporary) (Class TF) visa; or

                   (c)     the holder of a special purpose visa; or

                  (d)     the holder of a visa of one of the following subclasses:

                              (i)   Subclass 303 (Emergency (Temporary Visa Applicant));

                             (ii)   Subclass 427 (Domestic Worker (Temporary) — Executive);

                           (iia)   Subclass 485 (Skilled — Graduate);

                            (iii)   Subclass 497 (Graduate — Skilled).

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

                   (a)     the applicant is not the holder of a substantive visa; and

                  (b)     the last substantive visa held by the applicant was:

                              (i)   a student visa; or

                             (ii)   a special purpose visa; or

                            (iii)   a Subclass 303 (Emergency (Temporary Visa Applicant)) visa; or

                            (iv)   a Diplomatic (Temporary) (Class TF) visa granted to the holder as the spouse, de facto partner or a dependent relative, of a diplomatic or consular representative of a foreign country; or

                             (v)   a Subclass 497 (Graduate — Skilled) visa; and

                   (c)     the application is made within 28 days (or within such period specified by Gazette Notice) after:

                              (i)   the day when that last substantive visa ceased to be in effect; or

                             (ii)   if that last substantive visa was cancelled, and the Migration Review Tribunal has made a decision to set aside and substitute the cancellation decision
or the Minister’s decision not to revoke the cancellation — the later of:

                                   (A)   the day when that last substantive visa ceased to be in effect; and

                                    (B)   the day when the applicant is taken, under sections 368C, 368D and 379C of the Act, to have been notified of the Tribunal’s decision; and

                  (d)     the applicant satisfies Schedule 3 criterion 3005.

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

                   (a)     the applicant is the holder of a Subclass 560, 562 or 572 visa that is subject to condition 8101; and

                  (b)     the application was made on form 157P or 157P (Internet); and

                   (c)     the applicant gives to the Minister evidence that the applicant has commenced a course of study for which the visa held was granted.

                   (6)   An applicant meets the requirements of this subclause if:

                   (a)     the applicant is the holder of a Subclass 570, 571, 573, 574, 575 or 576 visa; and

                  (b)     the application was made on form 157A or 157A (Internet); and

                   (c)     the applicant gives to the Minister evidence of an offer of a place with an education provider of a course of study other than the education provider of a course of study for which the visa held was granted; and

                  (d)     the Minister is satisfied that there are exceptional circumstances justifying the change in enrolment.

572.22       Criteria to be satisfied at time of decision

572.221      (1)   Unless, at the time of application, the applicant met the requirements of subclause 572.211 (4), the applicant satisfies the criteria in clauses 572.222 to 572.234.

                   (2)   If, at the time of application, the applicant met the requirements of subclause 572.211 (4):

                   (a)     the applicant continues to meet the requirements of paragraph 572.211 (4) (a); and

                  (b)     either:

                              (i)   both of the following:

                                   (A)   the Minister has no reason to believe that the applicant is not a genuine student;

                                    (B)   if the applicant had turned 18 at the time of application, the applicant satisfies paragraph 572.224 (ba); or

                             (ii)   the applicant satisfies the criteria in clauses 572.223 to 572.234.

572.222      (1)   Except if subclause (2) applies or if the application was made on form 157E, the applicant gives to the Minister a certificate of enrolment relating to the applicant undertaking a course of study the provider of which is not a suspended education provider (an acceptable course).

                   (2)   If a failure of electronic transmission has prevented an education provider from sending a certificate of enrolment and the Minister is satisfied that the applicant needs to travel urgently, the applicant gives to the Minister satisfactory evidence that the applicant is enrolled in an acceptable course. 

                   (3)   If the application was made on form 157E, the applicant is enrolled in an acceptable course.

572.223      (1)   The Minister is satisfied that the applicant is a genuine applicant for entry and stay as a student because:

                   (a)     the Minister is satisfied that the applicant intends genuinely to stay in Australia temporarily, having regard to:

                              (i)   the applicant’s circumstances; and

                             (ii)   the applicant’s immigration history; and

                            (iii)   if the applicant is a minor — the intentions of a parent, legal guardian or spouse of the applicant; and

                            (iv)   any other relevant matter; and

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

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

                   (a)     the applicant gives the Minister evidence in accordance with the requirements mentioned in Schedule 5A for the highest assessment level for the applicant; and

                  (b)     the Minister is satisfied that the applicant is a genuine applicant for entry and stay as a student, having regard to:

                              (i)   the stated intention of the applicant to comply with any conditions subject to which the visa is granted; and

                             (ii)   any other relevant matter; and

                   (c)     the Minister is satisfied that, while the applicant holds the visa, the applicant will have access to the funds demonstrated or declared in accordance with the requirements in Schedule 5A relating to the applicant’s financial capacity.

572.224      The applicant:

                   (a)     satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4012A, 4013, 4014 and 4020; and

                  (b)     if the applicant seeks to stay in Australia for 12 months or more, satisfies public interest criterion 4010; and

                 (ba)     if the applicant had turned 18 at the time of application, satisfies public interest criterion 4019; and

                   (c)     if the applicant is applying outside Australia and the applicant has previously been in Australia, satisfies special return criteria 5001, 5002 and 5010. 

572.225      The applicant gives to the Minister evidence of adequate arrangements in Australia for health insurance during the period of the applicant’s intended stay in Australia.

572.227      If:

                   (a)     the application was made in Australia; and

                  (b)     subject to clause 572.227A, the applicant is subject to the highest assessment level for the relevant course of study; and

                   (c)     at the time of application, the applicant met the requirements of clause 572.211:

                              (i)   as the holder of a visa of one of the following classes:

                                   (A)   Border (Temporary) (Class TA);

                                    (B)   Business (Temporary) (Class TB);

                                    (C)   Cultural/Social (Temporary) (Class TE);

                                   (D)   Educational (Temporary) (Class TH);

                                    (E)   Electronic Travel Authority (Class UD);

                                    (F)   Expatriate (Temporary) (Class TJ);

                                   (G)   Family Relationship (Temporary) (Class TL);

                                   (H)   Interdependency (Temporary) (Class TM);

                                     (I)   Long Stay (Visitor) (Class TN);

                                  (IA)   Maritime Crew (Temporary) (Class ZM);

                                     (J)   Medical Practitioner (Temporary) (Class UE);

                                   (K)   Retirement (Temporary) (Class TQ);

                                    (L)   Short Stay (Visitor) (Class TR);

                                 (LA)   Superyacht Crew (Temporary) (Class UW);

                                   (M)   Supported Dependant (Temporary) (Class TW);

                                   (N)   Temporary Business Entry (Class UC);

                                (NA)   Tourist (Class TR);

                                 (NB)   Visitor (Class TV);

                                   (O)   Working Holiday (Temporary) (Class TZ); or

                             (ii)   as the holder of a special purpose visa; or

                            (iii)   as the holder of a visa of one of the following subclasses:

                                   (A)   Subclass 303 (Emergency (Temporary Visa Applicant));

                                    (B)   Subclass 427 (Domestic Worker (Temporary) — Executive);

                                 (BA)   Subclass 485 (Skilled — Graduate);

                                    (C)   Subclass 497 (Graduate — Skilled); or

                            (iv)   as a person:

                                   (A)   who was not the holder of a substantive visa; and

                                    (B)   who, immediately before ceasing to hold a substantive visa, was the holder of a visa mentioned in subparagraph (i), (ii) or (iii);

                   the applicant establishes exceptional reasons for the grant of a Subclass 572 visa.

572.227A   For paragraph 572.227 (b), the highest assessment level does not include assessment level 1.

572.228      If the application was made in Australia and, at the time of application, the applicant was in Australia as the spouse, de facto partner or dependent relative of a diplomatic or consular representative of a country other than Australia:

                   (a)     that representative has completed, or is about to complete, an official posting in Australia; and

                  (b)     the Foreign Minister recommends the grant of the visa.

572.229      If:

                   (a)     the application was made in Australia; and

                  (b)     either:

                              (i)   the applicant is the holder of a student visa that is subject to condition 8535; or

                             (ii)   the last substantive visa held by the applicant was a student visa that was subject to condition 8535; and

                   (c)     the applicant is, or was, provided financial support by the Commonwealth or the government of a foreign country in relation to the student visa;

                   the applicant gives to the Minister evidence, in writing, that the Commonwealth or the government of the foreign country, as the case requires, does not oppose the applicant undertaking a course of study. 

572.229A   If the applicant is an AusAID student or an AusAID recipient, the applicant has the support of the AusAID Minister for the grant of the visa.

572.230      The applicant holds a passport of a kind specified in a Gazette Notice made under regulation 1.40.

572.231      The applicant is enrolled in, or is the subject of a current offer of enrolment in, a course of study that is:

                   (a)     a principal course; and

                  (b)     of a type that was specified for Subclass 572 visas by the Minister in a Gazette Notice:

                              (i)   made under regulation 1.40A; and

                             (ii)   in force at the time the application was made.

572.232      If the applicant is subject to assessment level 2, the Minister is satisfied that the regular income of any individual (including the applicant) providing funds to the applicant was sufficient to accumulate the level of funding being provided by that individual.

572.233      If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

572.234      (1)   If the applicant is subject to assessment level 3, 4 or 5, the aggregate of the period, or periods, of ELICOS that the applicant is seeking to undertake, together with the period, or periods, of any previous ELICOS undertaken as the holder of a Subclass 570, 572, 573, 574, 575 or 576 visa, or any subsequent bridging visa, does not exceed:

                   (a)     for an applicant who is subject to assessment level 3 — 60 weeks; or

                  (b)     for an applicant who is subject to assessment level 4 or 5 — 40 weeks.

                   (2)   If the applicant is subject to assessment level 3, 4 or 5, the aggregate of the period, or periods, of ELICOS that the applicant is seeking to undertake, together with the period, or periods, of any previous ELICOS undertaken as the holder of a Subclass 571 visa, or any subsequent bridging visa, does not exceed:

                   (a)     for an applicant who is subject to assessment level 3 — 60 weeks; or

                  (b)     for an applicant who is subject to assessment level 4 or 5 — 50 weeks.

572.235      If the application was made in Australia, the applicant has complied substantially with the conditions that apply or applied to the last of any substantive visas held by the applicant, and to any subsequent bridging visa.

572.3     Secondary criteria

Note   Requirements to be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria.

572.31       Criteria to be satisfied at time of application

572.311      If the application is made outside Australia, the applicant is a member of the family unit of:

                   (a)     a person who is the holder of a Subclass 560 or 562 visa; or

                  (b)     a person who satisfies, or has satisfied, the primary criteria in Subdivision 572.21.

572.312      (1)   If the application is made in Australia, the applicant meets the requirements of subclause (2), (3), (4) or (5).

                   (2)   An applicant meets the requirements of this subclause if the applicant is:

                   (a)     the holder of a visa of one of the following classes:

                              (i)   Border (Temporary) (Class TA);

                             (ii)   Business (Temporary) (Class TB);

                            (iii)   Cultural/Social (Temporary) (Class TE);

                            (iv)   Educational (Temporary) (Class TH);

                             (v)   Electronic Travel Authority (Class UD);

                            (vi)   Expatriate (Temporary) (Class TJ);

                           (vii)   Family Relationship (Temporary) (Class TL);

                          (viii)   Interdependency (Temporary) (Class TM);

                            (ix)   Long Stay (Visitor) (Class TN);

                          (ixa)   Maritime Crew (Temporary) (Class ZM);

                             (x)   Medical Practitioner (Temporary) (Class UE);

                            (xi)   Retirement (Temporary) (Class TQ);

                           (xii)   Short Stay (Visitor) (Class TR);

                          (xiii)   Student (Temporary) (Class TU);

                        (xiiia)   Superyacht Crew (Temporary) (Class UW);

                          (xiv)   Supported Dependant (Temporary) (Class TW);

                           (xv)   Temporary Business Entry (Class UC);

                         (xva)   Tourist (Class TR);

                         (xvb)   Visitor (Class TV);

                          (xvi)   Working Holiday (Temporary) (Class TZ); or

                  (b)     the holder of a Diplomatic (Temporary) (Class TF) visa granted to the holder as the spouse, de facto partner or a dependent relative, of a diplomatic or consular representative of a foreign country; or

                   (c)     the holder of a special purpose visa; or

                  (d)     the holder of a visa of one of the following subclasses:

                              (i)   Subclass 303 (Emergency (Temporary Visa Applicant));

                             (ii)   Subclass 427 (Domestic Worker (Temporary) — Executive); or

                           (iia)   Subclass 485 (Skilled — Graduate);

                            (iii)   Subclass 497 (Graduate — Skilled).

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

                   (a)     the applicant does not hold a substantive visa; and

                  (b)     the applicant is a member of the family unit of a person who meets the requirements of subclause 572.211 (3); and

                   (c)     the applicant was a member of the family unit of the person at the time that person’s visa ceased to be in effect.

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

                   (a)     the applicant is the holder of a Subclass 560, 563 or 572 visa that is subject to condition 8101; and

                  (b)     the application was made on form 157P or 157P (Internet); and

                   (c)     the applicant is a member of the family unit of a person who is the holder of a Subclass 560, 562 or 572 visa; and

                  (d)     the applicant gives to the Minister evidence that the holder of the Subclass 560, 562 or 572 visa mentioned in paragraph (c) has commenced a course of study.

                   (5)   An applicant meets the requirements of this subclause if:

                   (a)     the applicant does not hold a substantive visa; and

                  (b)     the applicant is a member of the family unit of a person who holds a Subclass 560, 562 or 572 student visa, having satisfied the primary criteria for that visa.

572.314      If the applicant is not included in the application under subregulation 2.07AF (3), or the information under subregulation 2.07AF (4), as a member of the family unit of the primary applicant mentioned in those subregulations, the applicant gives to the Minister evidence that the applicant became such a member of the family unit after the decision to grant the Subclass 572 visa to the primary applicant was made. 

572.315      The applicant is not a secondary exchange student.

572.32       Criteria to be satisfied at time of decision

572.321      (1)   Unless, at the time of application, the applicant met the requirements of subclause 572.312 (4), the applicant satisfies the criteria in clauses 572.322 to 572.332. 

                   (2)   If, at the time of application, the applicant met the requirements of subclause 572.312 (4):

                   (a)     the applicant continues to meet the requirements of paragraphs 572.312 (4) (a) and (c); and

                  (b)     either:

                              (i)   both of the following:

                                   (A)   the Minister has no reason to believe that the applicant is not a genuine applicant for entry and stay as a member of the family unit of the primary person mentioned in clause 572.322;

                                    (B)   if the applicant had turned 18 at the time of application, the applicant satisfies paragraph 572.323 (b); or

                             (ii)   the applicant satisfies the criteria in clauses 572.322 to 572.332.

572.322      The applicant is a member of the family unit of a person (the primary person):

                   (a)     who is the holder of a Subclass 560 or 562 visa and who meets one of the following:

                              (i)   the primary person is a citizen of a gazetted country within the meaning of Part 560 as it read immediately before 1 July 2001;

Note   Under former clause 560.111, gazetted country meant a country specified by Gazette Notice for the purpose of Part 560.

                             (ii)   the primary person is undertaking a course of study paid for, wholly or in part, by:

                                   (A)   the Commonwealth or the government of a State or Territory; or

                                    (B)   the government of a foreign country; or

                                    (C)   a multilateral agency;

                            (iii)   the primary person:

                                   (A)   will be, or has been, granted a visa in relation to a course of study that is, or to courses of study that are together, of a duration of 12 months or more; or

                                    (B)   has been lawfully in Australia for 12 months or more; or

                  (b)     who satisfies, or has satisfied, the primary criteria in Subdivisions 572.21 and 572.22 and who meets one of the following:

                              (i)   the primary person is subject to assessment level 1 or 2;

                             (ii)   the primary person is undertaking a course of study paid for, wholly or in part, by:

                                   (A)   the Commonwealth or the government of a State or Territory; or

                                    (B)   the government of a foreign country; or

                                    (C)   a multilateral agency;

                            (iii)   the primary person:

                                   (A)   will be, or has been, granted a visa in relation to a course of study that is, or to courses of study that are together, of a duration of 12 months or more; or

                                    (B)   has been lawfully in Australia for 12 months or more.

572.323      The applicant:

                   (a)     satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4013, 4014 and 4020; and

                  (b)     if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.

572.324      If the applicant seeks to stay in Australia for 12 months or more, the applicant satisfies public interest criterion 4010. 

572.325      If the application is made outside Australia and the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.

572.326      The Minister is satisfied that:

                 (aa)     the applicant intends genuinely to stay in Australia temporarily, having regard to:

                              (i)   the applicant’s circumstances; and

                             (ii)   the applicant’s immigration history; and

                            (iii)   if the applicant is a minor — the intentions of a parent, legal guardian or spouse of the applicant; and

                            (iv)   any other relevant matter; and

                   (a)     the applicant is a genuine applicant for entry and stay as a member of the family unit of the primary person mentioned in clause 572.322; and

                  (b)     that primary person has adequate means to support himself or herself and the members of his or her family unit during the period of the applicant’s intended stay in Australia; and

                   (c)     on the basis of the applicant’s stated intention, the applicant intends to comply with any conditions subject to which the visa is granted; and

                  (d)     if the applicant is required to give evidence in accordance with Schedule 5B — while the applicant holds the visa, the applicant or the primary person will have access to the funds demonstrated or declared in accordance with the requirements in that Schedule.

572.327      The applicant gives to the Minister evidence of adequate arrangements in Australia for health insurance during the period of the applicant’s intended stay in Australia.

572.328      If:

                   (a)     the applicant is a school‑age dependant of the primary person mentioned in clause 572.322; and

                  (b)     the period of stay proposed in the application is more than 3 months;

                   the applicant gives to the Minister evidence that adequate arrangements have been made for the education of the applicant in Australia.

572.329      If the application was made outside Australia and made separately from that of the primary person mentioned in clause 572.322:

                   (a)     the primary person is, or is expected soon to be, in Australia; and

                  (b)     a nomination of the applicant by the primary person, on approved form 919, has been lodged and has been approved by the Minister.

572.330      The applicant gives evidence that there are sufficient funds to meet the travel costs for the applicant:

                   (a)     if the applicant is not in Australia — to Australia, and from Australia; or

                  (b)     if the applicant is in Australia — from Australia.

572.331      If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

572.332      (1)   If the applicant:

                   (a)     is a member of the family unit of a person (the primary person) to whom subclause (2) applies; and

                  (b)     was not included in the application for a student visa made by the primary person;

                   the applicant must give evidence, in accordance with Schedule 5B, for the assessment level to which the primary person was subject at the time of the decision in relation to the primary person.

                   (2)   This subclause applies to a primary person who:

                   (a)     is the holder of a Subclass 572 visa, granted on or after 1 December 2003 on the basis of satisfying the primary criteria in Division 572.2; and

                  (b)     was subject to assessment level 2, 3 or 4 at the time of the decision to grant the visa; and

                   (c)     was, at the time of the decision to grant the visa:

                              (i)   fully funded; or

                             (ii)   the subject of an arrangement by which the course fees, living costs and travel costs for the primary person’s full period, assessed for the primary person alone, were to be met by:

                                   (A)   a provincial or state government in a foreign country, with the written support of the government of that country; or

                                    (B)   an organisation specified by the Minister in a Gazette Notice for this paragraph.

                   (3)   If the applicant:

                   (a)     is a member of the family unit of a person (the primary person) to whom subclause (4) applies; and

                  (b)     was not included in the application for a student visa made by the primary person;

                   the Minister must be satisfied that the regular income of any individual (including the applicant) providing funds to the applicant was sufficient to accumulate the level of funding being provided by that individual.

                   (4)   This subclause applies to a primary person who:

                   (a)     is the holder of a Subclass 572 visa, granted on or after 1 December 2003 on the basis of satisfying the primary criteria in Division 572.2; and

                  (b)     was subject to assessment level 2 at the time of the decision to grant the visa; and

                   (c)     was, at the time of the decision to grant the visa:

                              (i)   fully funded; or

                             (ii)   the subject of an arrangement by which the course fees, living costs and travel costs for the primary person’s full period, assessed for the primary person alone, were to be met by:

                                   (A)   a provincial or state government in a foreign country, with the written support of the government of that country; or

                                    (B)   an organisation specified by the Minister in a Gazette Notice for this paragraph.

572.333      If the application was made in Australia, the applicant has complied substantially with the conditions that apply or applied to the last of any substantive visas held by the applicant, and to any subsequent bridging visa.

572.334      The Minister is satisfied that:

                   (a)     the applicant is the holder of a valid passport that:

                              (i)   was issued to the applicant by an official source; and

                             (ii)   is in the form issued by the official source; or

                  (b)     it would be unreasonable to require the applicant to be the holder of a passport.

572.4     Circumstances applicable to grant

572.411      If the application is made outside Australia, the applicant must be outside Australia at the time of grant.

572.412      If the application is made in Australia, the applicant must be in Australia at the time of grant.

572.5     When visa is in effect

572.511      Temporary visa permitting the holder to travel to, enter and remain in Australia:

                   (a)     if the application is made on form 157P or 157P (Internet) — until the date on which the visa held by the applicant at the time of application would have ceased to be in effect; and

                  (b)     otherwise — until a date specified by the Minister.

572.6     Conditions

572.611      If the applicant satisfies the primary criteria:

                   (a)     in all cases, conditions 8105, 8202, 8501, 8516, 8517, 8532 and 8533; and

                  (d)     if the applicant is a citizen of Iran, condition 8204; and

                   (e)     subject to clause 572.612, any 1 or more of conditions 8303, 8523 and 8535 may be imposed.

572.612      If, at the time of application, the applicant was the holder of a Subclass 560, 562, 570, 571, 572, 573, 574, 575 or 576 visa that was subject to condition 8523 and the applicant satisfies the primary criteria, condition 8523.

572.613      (1)   If the applicant:

                   (a)     satisfies the primary criteria; and

                  (b)     is subject to assessment level 3, 4 or 5; and

                   (c)     is seeking to undertake a course of study that is, or courses of study that are together, of 10 months duration or less; and

                  (d)     is not an applicant to whom subclause (2) applies;

                   condition 8534.

                   (2)   If the applicant:

                   (a)     satisfies the primary criteria; and

                  (b)     is subject to assessment level 3; and

                   (c)     gives to the Minister the evidence mentioned in subclause (3);

                   condition 8534 may be imposed.

                   (3)   For subclause (2), the evidence is:

                   (a)     evidence that the applicant has funds from an acceptable source that are sufficient to meet the following expenses for the period of 12 months after the full period:

                              (i)   living costs, within the meaning of subclause 5A104 (1);

                             (ii)   school costs, within the meaning of subclause 5A104 (2); and

                  (b)     evidence that the applicant has a further amount, specified by the Minister in an instrument in writing for this paragraph, in funds from an acceptable source; and

                   (c)     evidence that the regular income of any individual (including the applicant) providing funds to the applicant was sufficient to accumulate the level of funding being provided by that individual.

                   (4)   For paragraphs (3) (a) and (b), the funds must be in addition to the funds for which the applicant provided evidence for subclause 5A408 (1).

                   (5)   If the applicant satisfies the secondary criteria as a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 572 visa that is subject to condition 8534, condition 8534.

                   (6)   In this clause:

funds from an acceptable source has the meaning given by subclause 5A408 (2).

572.614      (1)   If the applicant (the primary applicant) is subject to assessment level 1 or 2 and is seeking to undertake a course of study that is, or courses of study that are together, of 10 months duration or less, condition 8534 may be imposed. 

                   (2)   If the applicant satisfies the secondary criteria as a member of the family unit of the primary applicant, condition 8534 may be imposed. 

572.615      (1)   If the applicant (the primary applicant) is seeking to undertake a course of study that is, or courses of study that are together, of more than 10 months duration, condition 8534 may be imposed. 

                   (2)   If the applicant satisfies the secondary criteria as a member of the family unit of the primary applicant, condition 8534 may be imposed. 

572.616      (1)   If the applicant satisfies the secondary criteria:

                   (a)     in all cases:

                              (i)   conditions 8501 and 8516; and

                             (ii)   condition 8518 (except if the visa is granted to an applicant who has turned 18); and

                  (b)     if the applicant is a citizen of Iran, condition 8204; and

                   (c)     subject to subclause (2), condition 8201 must be imposed if the applicant has turned 18; and

                  (d)     any 1 or more of conditions 8303, 8522 and 8535 may be imposed. 

                   (2)   Condition 8201 is not imposed on a student visa granted to an applicant who has turned 18 if, at the time of the application:

                   (a)     the applicant was the holder of a Subclass 560 visa as a person who satisfied the secondary criteria in Subdivisions 560.31 and 560.32; or

                  (b)     the applicant was the holder of a Subclass 563 visa; or

                   (c)     the applicant was:

                              (i)   the holder of a Subclass 570, 571, 572, 573, 574, 575 or 576 visa as a person who satisfied the secondary criteria for the subclass; and

                             (ii)   immediately before being granted the Subclass 570, 571, 572, 573, 574, 575 or 576 visa, the holder of a Subclass 560 or 563 visa that was subject to condition 8101. 

572.617      If the applicant satisfies the secondary criteria, condition 8104.

572.7     Way of giving evidence

572.711      No evidence need be given.

572.712      If evidence is given, to be given by a label affixed to a valid passport.

Subclass 573             Higher Education Sector

573.1     Interpretation and preliminary

573.111      In this Part:

course fees has the same meaning as in Schedule 5A.

course of study means a full‑time registered course of study.

Note   To work out whether a course of study is a principal course, see subregulation 1.40 (2).

educational business partner, in relation to an eligible education provider, means an education provider specified as an educational business partner in an instrument made under clause 573.112.

eligible education provider means an education provider specified as an eligible education provider in an instrument made under clause 573.112.

eligible higher degree student means an applicant for a Subclass 573 visa in relation to whom the following apply:

                   (a)     the applicant is enrolled in a principal course of study for the award of:

                              (i)   a bachelor’s degree; or

                             (ii)   a masters degree by coursework;

                  (b)     the principal course of study is provided by an eligible education provider;

                   (c)     if the applicant proposes to undertake another course of study before, and for the purposes of, the principal course of study:

                              (i)   the applicant is also enrolled in that course; and

                             (ii)   that course is provided by the eligible education provider or an educational business partner of the eligible education provider.

full period has the same meaning as in Schedule 5A.

fully funded has the same meaning as in Schedule 5A.

living costs has the same meaning as in Schedule 5A.

travel costs has the same meaning as in Schedule 5A.

Note   foreign country is defined in paragraph 22 (1) (f) of the
Acts Interpretation Act 1901 as any country (whether or not an independent sovereign state) outside Australia and the external Territories.

573.112      For this Part, the Minister may, by instrument in writing:

                   (a)     specify an education provider as an eligible education provider; and

                  (b)     specify one or more other education providers as educational business partners of the education provider mentioned in paragraph (a).

573.2     Primary criteria

Note   The primary criteria must be satisfied by at least one member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria.

573.21       Criteria to be satisfied at time of application

573.211      (1)   If the application is made in Australia, the applicant meets the requirements of subclause (2), (3), (4) or (6).

                   (2)   An applicant meets the requirements of this subclause if the applicant is:

                   (a)     the holder of a visa of one of the following classes:

                              (i)   Border (Temporary) (Class TA);

                             (ii)   Business (Temporary) (Class TB);

                            (iii)   Cultural/Social (Temporary) (Class TE);

                            (iv)   Educational (Temporary) (Class TH);

                             (v)   Electronic Travel Authority (Class UD);

                            (vi)   Expatriate (Temporary) (Class TJ);

                           (vii)   Family Relationship (Temporary) (Class TL);

                          (viii)   Interdependency (Temporary) (Class TM);

                            (ix)   Long Stay (Visitor) (Class TN);

                          (ixa)   Maritime Crew (Temporary) (Class ZM);

                             (x)   Medical Practitioner (Temporary) (Class UE);

                            (xi)   Retirement (Temporary) (Class TQ);

                           (xii)   Short Stay (Visitor) (Class TR);

                          (xiii)   Student (Temporary) (Class TU);

                        (xiiia)   Superyacht Crew (Temporary) (Class UW);

                          (xiv)   Supported Dependant (Temporary) (Class TW);

                           (xv)   Temporary Business Entry (Class UC);

                         (xva)   Tourist (Class TR);

                         (xvb)   Visitor (Class TV);

                          (xvi)   Working Holiday (Temporary) (Class TZ); or

                  (b)     the holder, as the spouse, de facto partner or a dependent relative of a diplomatic or consular representative of a foreign country, of a Diplomatic (Temporary) (Class TF) visa; or

                   (c)     the holder of a special purpose visa; or

                  (d)     the holder of a visa of one of the following subclasses:

                              (i)   Subclass 303 (Emergency (Temporary Visa Applicant));

                             (ii)   Subclass 427 (Domestic Worker (Temporary) — Executive);

                           (iia)   Subclass 485 (Skilled — Graduate);

                            (iii)   Subclass 497 (Graduate — Skilled).

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

                   (a)     the applicant is not the holder of a substantive visa; and

                  (b)     the last substantive visa held by the applicant was:

                              (i)   a student visa; or

                             (ii)   a special purpose visa; or

                            (iii)   a Subclass 303 (Emergency (Temporary Visa Applicant)) visa; or

                            (iv)   a Diplomatic (Temporary) (Class TF) visa granted to the holder as the spouse, de facto partner or a dependent relative, of a diplomatic or consular representative of a foreign country; or

                             (v)   a Subclass 497 (Graduate — Skilled) visa; and 

                   (c)     the application is made within 28 days (or within such period specified by Gazette Notice) after:

                              (i)   the day when that last substantive visa ceased to be in effect; or

                             (ii)   if that last substantive visa was cancelled, and the Migration Review Tribunal has made a decision to set aside and substitute the cancellation decision
or the Minister’s decision not to revoke the cancellation — the later of:

                                   (A)   the day when that last substantive visa ceased to be in effect; and

                                    (B)   the day when the applicant is taken, under sections 368C, 368D and 379C of the Act, to have been notified of the Tribunal’s decision; and

                  (d)     the applicant satisfies Schedule 3 criterion 3005. 

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

                   (a)     the applicant is the holder of:

                              (i)   a Subclass 560, 562 or 573 visa that is subject to condition 8101; or

                             (ii)   a Subclass 574 visa that is subject to condition 8101 and was granted on the basis that the applicant proposed to commence, or had commenced, as a principal course, a course of study for the award of a masters degree by coursework; and

                  (b)     the application was made on form 157P or 157P (Internet); and

                   (c)     the applicant gives to the Minister evidence that the applicant has commenced a course of study for which the visa held was granted.

                   (6)   An applicant meets the requirements of this subclause if:

                   (a)     the applicant is the holder of a Subclass 570, 571, 572, 574, 575 or 576 visa; and

                  (b)     the application was made on form 157A or 157A (Internet); and

                   (c)     the applicant gives to the Minister evidence of an offer of a place with an education provider of a course of study other than the education provider of a course of study for which the visa held was granted; and

                  (d)     the Minister is satisfied that there are exceptional circumstances justifying the change in enrolment.

573.212      If the applicant is an eligible higher degree student, the applicant must have a confirmation of enrolment in each course of study for which the applicant is an eligible higher degree student.

573.22       Criteria to be satisfied at time of decision

573.221      (1)   Unless, at the time of application, the applicant met the requirements of subclause 573.211 (4), the applicant satisfies the criteria in clauses 573.222 to 573.234.

                   (2)   If, at the time of application, the applicant met the requirements of subclause 573.211 (4):

                   (a)     the applicant continues to meet the requirements of paragraph 573.211 (4) (a); and

                  (b)     either:

                              (i)   both of the following:

                                   (A)   the Minister has no reason to believe that the applicant is not a genuine student;

                                    (B)   if the applicant had turned 18 at the time of application, the applicant satisfies paragraph 573.224 (ba); or

                             (ii)   the applicant satisfies the criteria in clauses 573.223 to 573.234.

573.222      (1)   Except if subclause (2) applies or if the application was made on form 157E, the applicant gives to the Minister a certificate of enrolment relating to the applicant undertaking a course of study the provider of which is not a suspended education provider (an acceptable course).

                   (2)   If a failure of electronic transmission has prevented an education provider from sending a certificate of enrolment and the Minister is satisfied that the applicant needs to travel urgently, the applicant gives to the Minister satisfactory evidence that the applicant is enrolled in an acceptable course.

                   (3)   If the application was made on form 157E, the applicant is enrolled in an acceptable course. 

573.223      (1)   The Minister is satisfied that the applicant is a genuine applicant for entry and stay as a student because:

                   (a)     the Minister is satisfied that the applicant intends genuinely to stay in Australia temporarily, having regard to:

                              (i)   the applicant’s circumstances; and

                             (ii)   the applicant’s immigration history; and

                            (iii)   if the applicant is a minor — the intentions of a parent, legal guardian or spouse of the applicant; and

                            (iv)   any other relevant matter; and

                  (b)     the applicant meets the requirements of subclause (1A) or (2).

                   (1A)   If the applicant is an eligible higher degree student who has a confirmation of enrolment in each course of study for which the applicant is an eligible higher degree student:

                   (a)     the applicant gives the Minister evidence that the applicant has:

                              (i)   a level of English language proficiency that satisfies the applicant’s eligible education provider; and

                             (ii)   educational qualifications required by the eligible education provider; and

                  (b)     the Minister is satisfied that the applicant is a genuine applicant for entry and stay as a student, having regard to:

                              (i)   the stated intention of the applicant to comply with any conditions subject to which the visa is granted; and

                             (ii)   any other relevant matter; and

                   (c)     the Minister is satisfied that, while the applicant holds the visa, the applicant will have sufficient funds to meet:

                              (i)   the costs and expenses required to support the applicant during the proposed stay in Australia; and

                             (ii)   the costs and expenses required to support each member (if any) of the applicant’s family unit.

                   (2)   If the applicant is not an eligible higher degree student, or does not have a confirmation of enrolment in each course of study for which the applicant is an eligible higher degree student:

                   (a)     the applicant gives the Minister evidence in accordance with the requirements mentioned in Schedule 5A for the highest assessment level for the applicant; and

                  (b)     the Minister is satisfied that the applicant is a genuine applicant for entry and stay as a student, having regard to:

                              (i)   the stated intention of the applicant to comply with any conditions subject to which the visa is granted; and

                             (ii)   any other relevant matter; and

                   (c)     the Minister is satisfied that, while the applicant holds the visa, the applicant will have access to the funds demonstrated or declared in accordance with the requirements in Schedule 5A relating to the applicant’s financial capacity.

573.224      The applicant:

                   (a)     satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4012A, 4013, 4014 and 4020; and

                  (b)     if the applicant seeks to stay in Australia for 12 months or more, satisfies public interest criterion 4010; and

                 (ba)     if the applicant had turned 18 at the time of application, satisfies public interest criterion 4019; and

                   (c)     if the applicant is applying outside Australia and the applicant has previously been in Australia, satisfies special return criteria 5001, 5002 and 5010. 

573.225      The applicant gives to the Minister evidence of adequate arrangements in Australia for health insurance during the period of the applicant’s intended stay in Australia.

573.227      If:

                   (a)     the application was made in Australia; and

                  (b)     subject to clause 573.227A, the applicant is subject to the highest assessment level for the relevant course of study; and

                   (c)     at the time of application, the applicant met the requirements of clause 573.211:

                              (i)   as the holder of a visa of one of the following classes:

                                   (A)   Border (Temporary) (Class TA);

                                    (B)   Business (Temporary) (Class TB);

                                    (C)   Cultural/Social (Temporary) (Class TE);

                                   (D)   Educational (Temporary) (Class TH);

                                    (E)   Electronic Travel Authority (Class UD);

                                    (F)   Expatriate (Temporary) (Class TJ);

                                   (G)   Family Relationship (Temporary) (Class TL);

                                   (H)   Interdependency (Temporary) (Class TM);

                                     (I)   Long Stay (Visitor) (Class TN);

                                  (IA)   Maritime Crew (Temporary) (Class ZM);

                                     (J)   Medical Practitioner (Temporary) (Class UE);

                                   (K)   Retirement (Temporary) (Class TQ);

                                    (L)   Short Stay (Visitor) (Class TR);

                                 (LA)   Superyacht Crew (Temporary) (Class UW);

                                   (M)   Supported Dependant (Temporary) (Class TW);

                                   (N)   Temporary Business Entry (Class UC);

                                (NA)   Tourist (Class TR);

                                 (NB)   Visitor (Class TV);

                                   (O)   Working Holiday (Temporary) (Class TZ); or

                             (ii)   as the holder of a special purpose visa; or

                            (iii)   as the holder of a visa of one of the following subclasses:

                                   (A)   Subclass 303 (Emergency (Temporary Visa Applicant));

                                    (B)   Subclass 427 (Domestic Worker (Temporary) — Executive);

                                 (BA)   Subclass 485 (Skilled — Graduate);

                                    (C)   Subclass 497 (Graduate — Skilled); or

                            (iv)   as a person:

                                   (A)   who was not the holder of a substantive visa; and

                                    (B)   who, immediately before ceasing to hold a substantive visa, was the holder of a visa mentioned in subparagraph (i), (ii) or (iii);

                   the applicant establishes exceptional reasons for the grant of a Subclass 573 visa.

573.227A   For paragraph 573.227 (b), the highest assessment level does not include assessment level 1.

573.228      If the application was made in Australia and, at the time of application, the applicant was in Australia as the spouse, de facto partner or dependent relative of a diplomatic or consular representative of a country other than Australia:

                   (a)     that representative has completed, or is about to complete, an official posting in Australia; and

                  (b)     the Foreign Minister recommends the grant of the visa.

573.229      If:

                   (a)     the application was made in Australia; and

                  (b)     either:

                              (i)   the applicant is the holder of a student visa that is subject to condition 8535; or

                             (ii)   the last substantive visa held by the applicant was a student visa that was subject to condition 8535; and

                   (c)     the applicant is, or was, provided financial support by the Commonwealth or the government of a foreign country in relation to the student visa;

                   the applicant gives to the Minister evidence, in writing, that the Commonwealth or the government of the foreign country, as the case requires, does not oppose the applicant undertaking a course of study. 

573.229A   If the applicant is an AusAID student or an AusAID recipient, the applicant has the support of the AusAID Minister for the grant of the visa.

573.230      The applicant holds a passport of a kind specified in an instrument made under regulation 1.40.

573.231      If the applicant is not an eligible higher degree student, or does not have a confirmation of enrolment in each course of study for which the applicant is an eligible higher degree student:

                   (a)     the applicant is enrolled in, or is the subject of a current offer of enrolment in, a course of study that is a principal course; and

                  (b)     the principal course is of a type that was specified for Subclass 573 visas by the Minister in an instrument:

                              (i)   made under regulation 1.40A; and

                             (ii)   in force at the time the application was made.

573.232      If the applicant is subject to assessment level 2, the Minister is satisfied that the regular income of any individual (including the applicant) providing funds to the applicant was sufficient to accumulate the level of funding being provided by that individual.

573.233      If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

573.234      (1)   If the applicant is subject to assessment level 3, 4 or 5, the aggregate of the period, or periods, of ELICOS that the applicant is seeking to undertake, together with the period, or periods, of any previous ELICOS undertaken as the holder of a Subclass 570, 572, 573, 574, 575 or 576 visa, or any subsequent bridging visa, does not exceed:

                   (a)     for an applicant who is subject to assessment level 3 — 60 weeks; or

                  (b)     for an applicant who is subject to assessment level 4 or 5 — 40 weeks.

                   (2)   If the applicant is subject to assessment level 3, 4 or 5, the aggregate of the period, or periods, of ELICOS that the applicant is seeking to undertake, together with the period, or periods, of any previous ELICOS undertaken as the holder of a Subclass 571 visa, or any subsequent bridging visa, does not exceed:

                   (a)     for an applicant who is subject to assessment level 3 — 60 weeks; or

                  (b)     for an applicant who is subject to assessment level 4 or 5 — 50 weeks.

573.235      If the application was made in Australia, the applicant has complied substantially with the conditions that apply or applied to the last of any substantive visas held by the applicant, and to any subsequent bridging visa.

573.3     Secondary criteria

Note   Requirements to be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria.

573.31       Criteria to be satisfied at time of application

573.311      If the application is made outside Australia, the applicant is a member of the family unit of:

                   (a)     a person who is the holder of a Subclass 560 or 562 visa; or

                  (b)     a person who satisfies, or has satisfied, the primary criteria in Subdivision 573.21.

573.312      (1)   If the application is made in Australia, the applicant meets the requirements of subclause (2), (3), (4) or (5).

                   (2)   An applicant meets the requirements of this subclause if the applicant is:

                   (a)     the holder of a visa of one of the following classes:

                              (i)   Border (Temporary) (Class TA);

                             (ii)   Business (Temporary) (Class TB);

                            (iii)   Cultural/Social (Temporary) (Class TE);

                            (iv)   Educational (Temporary) (Class TH);

                             (v)   Electronic Travel Authority (Class UD);

                            (vi)   Expatriate (Temporary) (Class TJ);

                           (vii)   Family Relationship (Temporary) (Class TL);

                          (viii)   Interdependency (Temporary) (Class TM);

                            (ix)   Long Stay (Visitor) (Class TN);

                          (ixa)   Maritime Crew (Temporary) (Class ZM);

                             (x)   Medical Practitioner (Temporary) (Class UE);

                            (xi)   Retirement (Temporary) (Class TQ);

                           (xii)   Short Stay (Visitor) (Class TR);

                          (xiii)   Student (Temporary) (Class TU);

                        (xiiia)   Superyacht Crew (Temporary) (Class UW);

                          (xiv)   Supported Dependant (Temporary) (Class TW);

                           (xv)   Temporary Business Entry (Class UC);

                         (xva)   Tourist (Class TR);

                         (xvb)   Visitor (Class TV);

                          (xvi)   Working Holiday (Temporary) (Class TZ); or

                  (b)     the holder of a Diplomatic (Temporary) (Class TF) visa granted to the holder as the spouse, de facto partner or
a dependent relative, of a diplomatic or consular representative of a foreign country; or

                   (c)     the holder of a special purpose visa; or

                  (d)     the holder of a visa of one of the following subclasses:

                              (i)   Subclass 303 (Emergency (Temporary Visa Applicant));

                             (ii)   Subclass 427 (Domestic Worker (Temporary) — Executive); or

                           (iia)   Subclass 485 (Skilled — Graduate);

                            (iii)   Subclass 497 (Graduate — Skilled).

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

                   (a)     the applicant does not hold a substantive visa; and

                  (b)     the applicant is a member of the family unit of a person who meets the requirements of subclause 573.211 (3); and

                   (c)     the applicant was a member of the family unit of the person at the time that person’s visa ceased to be in effect.

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

                   (a)     the applicant is the holder of a Subclass 560, 563, 573 or 574 visa that:

                              (i)   for a holder of a Subclass 574 visa — was granted on the basis that:

                                   (A)   the applicant was a member of the family unit of a person (the primary person) who satisfied the primary criteria in Division 574.2; and

                                    (B)   the primary person proposed to commence, or had commenced, as a principal course, a course of study for the award of a masters degree by coursework; and

                             (ii)   for all holders — is subject to condition 8101 or 8104; and

                  (b)     the application was made on form 157P or 157P (Internet); and

                   (c)     the applicant is a member of the family unit of a person who is the holder of a Subclass 560, 562, 573 or 574 visa; and

                  (d)     the applicant gives to the Minister evidence that the holder of the Subclass 560, 562, 573 or 574 visa mentioned in paragraph (c) has commenced a course of study.

                   (5)   An applicant meets the requirements of this subclause if:

                   (a)     the applicant does not hold a substantive visa; and

                  (b)     the applicant is a member of the family unit of a person (the primary person) who:

                              (i)   holds a Subclass 560, 562 or 573 visa, having satisfied the primary criteria for that visa; or

                             (ii)   holds a Subclass 574 visa that was granted on the basis that the primary person proposed to commence, or had commenced, as a principal course, a course of study for the award of a masters degree by coursework.

573.314      If the applicant is not included in the application under subregulation 2.07AF (3), or the information under subregulation 2.07AF (4), as a member of the family unit of the primary applicant mentioned in those subregulations, the applicant gives to the Minister evidence that the applicant became such a member of the family unit after the decision to grant the Subclass 573 or 574 visa to the primary applicant was made. 

573.32       Criteria to be satisfied at time of decision

573.321      (1)   Unless, at the time of application, the applicant met the requirements of subclause 573.312 (4), the applicant satisfies the criteria in clauses 573.322 to 573.332. 

                   (2)   If, at the time of application, the applicant met the requirements of subclause 573.312 (4):

                   (a)     the applicant continues to meet the requirements of paragraphs 573.312 (4) (a) and (c); and

                  (b)     either:

                              (i)   both of the following:

                                   (A)   the Minister has no reason to believe that the applicant is not a genuine applicant for entry and stay as a member of the family unit of the primary person mentioned in clause 573.322;

                                    (B)   if the applicant had turned 18 at the time of application, the applicant satisfies paragraph 573.323 (b); or

                             (ii)   the applicant satisfies the criteria in clauses 573.322 to 573.332.

573.322      The applicant is a member of the family unit of a person (the primary person):

                   (a)     who is the holder of a Subclass 560 or 562 visa and who meets one of the following:

                              (i)   the primary person is a citizen of a gazetted country within the meaning of Part 560 as it read immediately before 1 July 2001;

Note   Under former clause 560.111, gazetted country meant a country specified by Gazette Notice for the purpose of Part 560.

                             (ii)   the primary person is undertaking a course of study paid for, wholly or in part, by:

                                   (A)   the Commonwealth or the government of a State or Territory; or

                                    (B)   the government of a foreign country; or

                                    (C)   a multilateral agency;

                            (iii)   the primary person:

                                   (A)   will be, or has been, granted a visa in relation to a course of study that is, or to courses of study that are together, of a duration of 12 months or more; or

                                    (B)   has been lawfully in Australia for 12 months or more; or

                  (b)     who satisfies, or has satisfied, the primary criteria in Subdivisions 573.21 and 573.22 and who meets one of the following:

                              (i)   the primary person is subject to assessment level 1 or 2;

                            (ia)   the primary person is an eligible higher degree student;

                             (ii)   the primary person is undertaking a course of study paid for, wholly or in part, by:

                                   (A)   the Commonwealth or the government of a State or Territory; or

                                    (B)   the government of a foreign country; or

                                    (C)   a multilateral agency;

                            (iii)   the primary person:

                                   (A)   will be, or has been, granted a visa in relation to a course of study that is, or to courses of study that are together, of a duration of 12 months or more; or

                                    (B)   has been lawfully in Australia for 12 months or more.

573.323      The applicant:

                   (a)     satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4013, 4014 and 4020; and

                  (b)     if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.

573.324      If the applicant seeks to stay in Australia for 12 months or more, the applicant satisfies public interest criterion 4010. 

573.325      If the application is made outside Australia and the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.

573.326      The Minister is satisfied that:

                 (aa)     the applicant intends genuinely to stay in Australia temporarily, having regard to:

                              (i)   the applicant’s circumstances; and

                             (ii)   the applicant’s immigration history; and

                            (iii)   if the applicant is a minor — the intentions of a parent, legal guardian or spouse of the applicant; and

                            (iv)   any other relevant matter; and

                   (a)     the applicant is a genuine applicant for entry and stay as a member of the family unit of the primary person mentioned in clause 573.322; and

                  (b)     that primary person has adequate means to support himself or herself and the members of his or her family unit during the period of the applicant’s intended stay in Australia; and

                   (c)     on the basis of the applicant’s stated intention, the applicant intends to comply with any conditions subject to which the visa is granted; and

                  (d)     if the applicant is required to give evidence in accordance with Schedule 5B — while the applicant holds the visa, the applicant or the primary person will have access to the funds demonstrated or declared in accordance with the requirements in that Schedule.

573.327      The applicant gives to the Minister evidence of adequate arrangements in Australia for health insurance during the period of the applicant’s intended stay in Australia.

573.328      If:

                   (a)     the applicant is a school‑age dependant of the primary person mentioned in clause 573.322; and

                  (b)     the period of stay proposed in the application is more than 3 months;

                   the applicant gives to the Minister evidence that adequate arrangements have been made for the education of the applicant in Australia.

573.329      If the application was made outside Australia and made separately from that of the primary person mentioned in clause 573.322:

                   (a)     the primary person is, or is expected soon to be, in Australia; and

                  (b)     a nomination of the applicant by the primary person, on approved form 919, has been lodged and has been approved by the Minister.

573.330      The applicant gives evidence that there are sufficient funds to meet the travel costs for the applicant:

                   (a)     if the applicant is not in Australia — to Australia, and from Australia; or

                  (b)     if the applicant is in Australia — from Australia.

573.331      If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

573.332      (1)   If the applicant:

                   (a)     is a member of the family unit of a person (the primary person) to whom subclause (2) applies; and

                  (b)     was not included in the application for a student visa made by the primary person;

                   the applicant must give evidence, in accordance with Schedule 5B, for the assessment level to which the primary person was subject at the time of the decision in relation to the primary person.

                   (2)   This subclause applies to a primary person who:

                   (a)     is:

                              (i)   the holder of a Subclass 573 visa, granted on or after 1 December 2003 on the basis of satisfying the primary criteria in Division 573.2; or

                             (ii)   the holder of a Subclass 574 visa, granted:

                                   (A)   on or after 1 December 2003; and

                                    (B)   on the basis of satisfying the primary criteria in Division 574.2; and

                                    (C)   on the basis that the primary person proposed to commence, or had commenced, as a principal course, a course of study for the award of a masters degree by coursework; and

                  (b)     was subject to assessment level 2, 3 or 4 at the time of the decision to grant the visa; and

                   (c)     was, at the time of the decision to grant the visa:

                              (i)   fully funded; or

                             (ii)   the subject of an arrangement by which the course fees, living costs and travel costs for the primary person’s full period, assessed for the primary person alone, were to be met by:

                                   (A)   a provincial or state government in a foreign country, with the written support of the government of that country; or

                                    (B)   an organisation specified by the Minister in a Gazette Notice for this paragraph.

                   (3)   If the applicant:

                   (a)     is a member of the family unit of a person (the primary person) to whom subclause (4) applies; and

                  (b)     was not included in the application for a student visa made by the primary person;

                   the Minister must be satisfied that the regular income of any individual (including the applicant) providing funds to the applicant was sufficient to accumulate the level of funding being provided by that individual.

                   (4)   This subclause applies to a primary person who:

                   (a)     is:

                              (i)   the holder of a Subclass 573 visa, granted on or after 1 December 2003 on the basis of satisfying the primary criteria in Division 573.2; or

                             (ii)   the holder of a Subclass 574 visa, granted:

                                   (A)   on or after 1 December 2003; and

                                    (B)   on the basis of satisfying the primary criteria in Division 574.2; and

                                    (C)   on the basis that the primary person proposed to commence, or had commenced, as a principal course, a course of study for the award of a masters degree by coursework; and

                  (b)     was subject to assessment level 2 at the time of the decision to grant the visa; and

                   (c)     was, at the time of the decision to grant the visa:

                              (i)   fully funded; or

                             (ii)   the subject of an arrangement by which the course fees, living costs and travel costs for the primary person’s full period, assessed for the primary person alone, were to be met by:

                                   (A)   a provincial or state government in a foreign country, with the written support of the government of that country; or

                                    (B)   an organisation specified by the Minister in a Gazette Notice for this paragraph.

573.333      If the application was made in Australia, the applicant has complied substantially with the conditions that apply or applied to the last of any substantive visas held by the applicant, and to any subsequent bridging visa.

573.334      The Minister is satisfied that:

                   (a)     the applicant is the holder of a valid passport that:

                              (i)   was issued to the applicant by an official source; and

                             (ii)   is in the form issued by the official source; or

                  (b)     it would be unreasonable to require the applicant to be the holder of a passport.

573.4     Circumstances applicable to grant

573.411      If the application is made outside Australia, the applicant must be outside Australia at the time of grant.

573.412      If the application is made in Australia, the applicant must be in Australia at the time of grant.

573.5     When visa is in effect

573.511      Temporary visa permitting the holder to travel to, enter and remain in Australia:

                   (a)     if the application is made on form 157P or 157P (Internet) — until the date on which the visa held by the applicant at the time of application would have ceased to be in effect; and

                  (b)     otherwise — until a date specified by the Minister.

573.6     Conditions

573.611      If the applicant satisfies the primary criteria:

                   (a)     in all cases, conditions 8105, 8202, 8501, 8516, 8517, 8532 and 8533; and

                  (d)     if the applicant is a citizen of Iran, condition 8203; and

                   (e)     subject to clause 573.612, any 1 or more of conditions 8303, 8523 and 8535 may be imposed.

573.612      If, at the time of application, the applicant was the holder of a Subclass 560, 562, 570, 571, 572, 573, 574, 575 or 576 visa that was subject to condition 8523 and the applicant satisfies the primary criteria, condition 8523.

573.613      (1)   If the applicant:

                   (a)     satisfies the primary criteria; and

                  (b)     is subject to assessment level 3, 4 or 5; and

                   (c)     is seeking to undertake a course of study that is, or courses of study that are together, of 10 months duration or less; and

                  (d)     is not an applicant to whom subclause (2) applies;

                   condition 8534.

                   (2)   If the applicant:

                   (a)     satisfies the primary criteria; and

                  (b)     is subject to assessment level 3; and

                   (c)     gives to the Minister the evidence mentioned in subclause (3);

                   condition 8534 may be imposed.

                   (3)   For subclause (2), the evidence is:

                   (a)     evidence that the applicant has funds from an acceptable source that are sufficient to meet the following expenses for the period of 12 months after the full period:

                              (i)   living costs, within the meaning of subclause 5A104 (1);

                             (ii)   school costs, within the meaning of subclause 5A104 (2); and

                  (b)     evidence that the applicant has a further amount, specified by the Minister in an instrument in writing for this paragraph, in funds from an acceptable source; and

                   (c)     evidence that the regular income of any individual (including the applicant) providing funds to the applicant was sufficient to accumulate the level of funding being provided by that individual.

                   (4)   For paragraphs (3) (a) and (b), the funds must be in addition to the funds for which the applicant provided evidence for subclause 5A508 (1).

                   (5)   If the applicant satisfies the secondary criteria as a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 573 visa that is subject to condition 8534, condition 8534.

                   (6)   In this clause:

funds from an acceptable source has the meaning given by subclause 5A508 (2).

573.614      (1)   If the applicant (the primary applicant) is subject to assessment level 1 or 2 and is seeking to undertake a course of study that is, or courses of study that are together, of 10 months duration or less, condition 8534 may be imposed. 

                   (2)   If the applicant satisfies the secondary criteria as a member of the family unit of the primary applicant, condition 8534 may be imposed. 

573.615      (1)   If the applicant (the primary applicant) is seeking to undertake a course of study that is, or courses of study that are together, of more than 10 months duration, condition 8534 may be imposed. 

                   (2)   If the applicant satisfies the secondary criteria as a member of the family unit of the primary applicant, condition 8534 may be imposed. 

573.616      (1)   If the applicant satisfies the secondary criteria:

                   (a)     in all cases:

                              (i)   conditions 8501 and 8516; and

                             (ii)   condition 8518 (except if the visa is granted to an applicant who has turned 18); and

                  (b)     if the applicant is a citizen of Iran, condition 8204; and

                   (c)     subject to subclause (2), condition 8201 must be imposed if the applicant has turned 18; and

                  (d)     any 1 or more of conditions 8303, 8522 and 8535 may be imposed. 

                   (2)   Condition 8201 is not imposed on a student visa granted to an applicant who has turned 18 if, at the time of the application:

                   (a)     the applicant was the holder of a Subclass 560 visa as a person who satisfied the secondary criteria in Subdivisions 560.31 and 560.32; or

                  (b)     the applicant was the holder of a Subclass 563 visa; or

                   (c)     the applicant was:

                              (i)   the holder of a Subclass 570, 571, 572, 573, 574, 575 or 576 visa as a person who satisfied the secondary criteria for the subclass; and

                             (ii)   immediately before being granted the Subclass 570, 571, 572, 573, 574, 575 or 576 visa, the holder of a Subclass 560 or 563 visa that was subject to condition 8101. 

573.617      If the applicant satisfies the secondary criteria, condition 8104.

573.7     Way of giving evidence

573.711      No evidence need be given.

573.712      If evidence is given, to be given by a label affixed to a valid passport.

Subclass 574             Postgraduate Research Sector

574.1     Interpretation and preliminary

574.111      In this Part:

course fees has the same meaning as in Schedule 5A.

course of study means a full‑time registered course of study.

Note   To work out whether a course of study is a principal course, see subregulation 1.40 (2).

educational business partner, in relation to an eligible education provider, means an education provider specified as an educational business partner in an instrument made under clause 574.112.

eligible education provider means an education provider specified as an eligible education provider in an instrument made under clause 574.112.

eligible higher degree student means an applicant for a Subclass 574 visa in relation to whom the following apply:

                   (a)     the applicant is enrolled in a principal course of study for the award of:

                              (i)   a masters degree by research; or

                             (ii)   a doctoral degree;

                  (b)     the principal course of study is provided by an eligible education provider;

                   (c)     if the applicant proposes to undertake another course of study before, and for the purposes of, the principal course of study:

                              (i)   the applicant is also enrolled in that course; and

                             (ii)   that course is provided by the eligible education provider or an educational business partner of the eligible education provider.

full period has the same meaning as in Schedule 5A.

fully funded has the same meaning as in Schedule 5A.

living costs has the same meaning as in Schedule 5A.

travel costs has the same meaning as in Schedule 5A.

Note   foreign country is defined in paragraph 22 (1) (f) of the
Acts Interpretation Act 1901 as any country (whether or not an independent sovereign state) outside Australia and the external Territories.

574.112      For this Part, the Minister may, by instrument in writing:

                   (a)     specify an education provider as an eligible education provider; and

                  (b)     specify one or more other education providers as educational business partners of the education provider mentioned in paragraph (a).

574.2     Primary criteria

Note   The primary criteria must be satisfied by at least one member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria.

574.21       Criteria to be satisfied at time of application

574.211      (1)   If the application is made in Australia, the applicant meets the requirements of subclause (2), (3),  (4) or (6).

                   (2)   An applicant meets the requirements of this subclause if the applicant is:

                   (a)     the holder of a visa of one of the following classes:

                              (i)   Border (Temporary) (Class TA);

                             (ii)   Business (Temporary) (Class TB);

                            (iii)   Cultural/Social (Temporary) (Class TE);

                            (iv)   Educational (Temporary) (Class TH);

                             (v)   Electronic Travel Authority (Class UD);

                            (vi)   Expatriate (Temporary) (Class TJ);

                           (vii)   Family Relationship (Temporary) (Class TL);

                          (viii)   Interdependency (Temporary) (Class TM);

                            (ix)   Long Stay (Visitor) (Class TN);

                          (ixa)   Maritime Crew (Temporary) (Class ZM);

                             (x)   Medical Practitioner (Temporary) (Class UE);

                            (xi)   Retirement (Temporary) (Class TQ);

                           (xii)   Short Stay (Visitor) (Class TR);

                          (xiii)   Student (Temporary) (Class TU);

                        (xiiia)   Superyacht Crew (Temporary) (Class UW);

                          (xiv)   Supported Dependant (Temporary) (Class TW);

                           (xv)   Temporary Business Entry (Class UC);

                         (xva)   Tourist (Class TR);

                         (xvb)   Visitor (Class TV);

                          (xvi)   Working Holiday (Temporary) (Class TZ); or

                  (b)     the holder, as the spouse, de facto partner or a dependent relative of a diplomatic or consular representative of a foreign country, of a Diplomatic (Temporary) (Class TF) visa; or

                   (c)     the holder of a special purpose visa; or

                  (d)     the holder of a visa of one of the following subclasses:

                              (i)   Subclass 303 (Emergency (Temporary Visa Applicant));

                             (ii)   Subclass 427 (Domestic Worker (Temporary) — Executive);

                           (iia)   Subclass 485 (Skilled — Graduate);

                            (iii)   Subclass 497 (Graduate — Skilled).

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

                   (a)     the applicant is not the holder of a substantive visa; and

                  (b)     the last substantive visa held by the applicant was:

                              (i)   a student visa; or

                             (ii)   a special purpose visa; or

                            (iii)   a Subclass 303 (Emergency (Temporary Visa Applicant)) visa; or

                            (iv)   a Diplomatic (Temporary) (Class TF) visa granted to the holder as the spouse, de facto partner or a dependent relative, of a diplomatic or consular representative of a foreign country; or

                             (v)   a Subclass 497 (Graduate — Skilled) visa; and

                   (c)     the application is made within 28 days (or within such period specified by Gazette Notice) after:

                              (i)   the day when that last substantive visa ceased to be in effect; or

                             (ii)   if that last substantive visa was cancelled, and the Migration Review Tribunal has made a decision to set aside and substitute the cancellation decision
or the Minister’s decision not to revoke the cancellation — the later of:

                                   (A)   the day when that last substantive visa ceased to be in effect; and

                                    (B)   the day when the applicant is taken, under sections 368C, 368D and 379C of the Act, to have been notified of the Tribunal’s decision; and

                  (d)     the applicant satisfies Schedule 3 criterion 3005.

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

                   (a)     the applicant is the holder of a Subclass 560, 562 or 574 visa that is subject to condition 8101; and

                  (b)     the application was made on form 157P or 157P (Internet); and

                   (c)     the applicant gives to the Minister evidence that the applicant has commenced a course of study for which the visa held was granted.

                   (6)   An applicant meets the requirements of this subclause if:

                   (a)     the applicant is the holder of a Subclass 570, 571, 572, 573, 575 or 576 visa; and

                  (b)     the application was made on form 157A or 157A (Internet); and

                   (c)     the applicant gives to the Minister evidence of an offer of a place with an education provider of a course of study other than the education provider of a course of study for which the visa held was granted; and

                  (d)     the Minister is satisfied that there are exceptional circumstances justifying the change in enrolment.

574.212      If the applicant is an eligible higher degree student, the applicant must have a confirmation of enrolment in each course of study for which the applicant is an eligible higher degree student.

574.22       Criteria to be satisfied at time of decision

574.221      (1)   Unless, at the time of application, the applicant met the requirements of subclause 574.211 (4), the applicant satisfies the criteria in clauses 574.223 to 574.234.

                   (2)   If, at the time of application, the applicant met the requirements of subclause 574.211 (4):

                   (a)     the applicant continues to meet the requirements of paragraph 574.211 (4) (a); and

                  (b)     either:

                              (i)   both of the following:

                                   (A)   the Minister has no reason to believe that the applicant is not a genuine student;

                                    (B)   if the applicant had turned 18 at the time of application, the applicant satisfies paragraph 574.224 (ba); or

                             (ii)   the applicant satisfies the criteria in clauses 574.223 to 574.234.

574.222      (1)   Except if subclause (2), (3) or (3A) applies or if the application was made on form 157E, the applicant gives to the Minister a certificate of enrolment relating to the applicant undertaking a course of study the provider of which is not a suspended education provider (an acceptable course).

                   (2)   If a failure of electronic transmission has prevented an education provider from sending a certificate of enrolment and the Minister is satisfied that the applicant needs to travel urgently, the applicant gives to the Minister satisfactory evidence that the applicant is enrolled in an acceptable course.

                   (3)   If the application was made in Australia and, at the time of application, the applicant was the holder of a Subclass 560 or 562 visa, the applicant satisfies the Minister that, in connection with a course of study or with a matter arising from the course, the relevant educational institution requires the applicant to remain in Australia during the marking of a postgraduate thesis.

                   (3A)   If the application was made in Australia and, at the time of application, the applicant was the holder of a Subclass 574 visa (the current visa):

                   (a)     the applicant satisfies the Minister that, in connection with a course of study or with a matter arising from the course, the relevant educational institution requires the applicant to remain in Australia during the marking of a postgraduate thesis; and

                  (b)     either:

                              (i)   the applicant has held the current visa, or a combination of the current visa and 1 or more other Subclass 560 or 574 visas, on that basis for a continuous period of 6 months or less; or

                             (ii)   the applicant has held the current visa, or a combination of the current visa and 1 or more other Subclass 560 or 574 visas, on that basis for more than 6 months and there are exceptional circumstances justifying the grant of the visa.

                   (4)   If the application was made on form 157E, the applicant is enrolled in an acceptable course.

574.223      (1)   The Minister is satisfied that the applicant is a genuine applicant for entry and stay as a student because:

                   (a)     the Minister is satisfied that the applicant intends genuinely to stay in Australia temporarily, having regard to:

                              (i)   the applicant’s circumstances; and

                             (ii)   the applicant’s immigration history; and

                            (iii)   if the applicant is a minor — the intentions of a parent, legal guardian or spouse of the applicant; and

                            (iv)   any other relevant matter; and

                  (b)     the applicant meets the requirements of subclause (1A) or subclause (2).

                   (1A)   If the applicant is an eligible higher degree student who has a confirmation of enrolment in each course of study for which the applicant is an eligible higher degree student:

                   (a)     the applicant gives the Minister evidence that the applicant has:

                              (i)   a level of English language proficiency that satisfies the applicant’s eligible education provider; and

                             (ii)   educational qualifications required by the eligible education provider; and

                  (b)     the Minister is satisfied that the applicant is a genuine applicant for entry and stay as a student, having regard to:

                              (i)   the stated intention of the applicant to comply with any conditions subject to which the visa is granted; and

                             (ii)   any other relevant matter; and

                   (c)     the Minister is satisfied that, while the applicant holds the visa, the applicant will have sufficient funds to meet:

                              (i)   the costs and expenses required to support the applicant during the proposed stay in Australia; and

                             (ii)   the costs and expenses required to support each member (if any) of the applicant’s family unit.

                   (2)   If the applicant is not an eligible higher degree student, or does not have a confirmation of enrolment in each course of study for which the applicant is an eligible higher degree student:

                   (a)     the applicant gives the Minister evidence in accordance with the requirements mentioned in Schedule 5A for the highest assessment level for the applicant; and

                  (b)     the Minister is satisfied that the applicant is a genuine applicant for entry and stay as a student, having regard to:

                              (i)   the stated intention of the applicant to comply with any conditions subject to which the visa is granted; and

                             (ii)   any other relevant matter; and

                   (c)     the Minister is satisfied that, while the applicant holds the visa, the applicant will have access to the funds demonstrated or declared in accordance with the requirements in Schedule 5A relating to the applicant’s financial capacity.

574.224      The applicant:

                   (a)     satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4012A, 4013, 4014 and 4020; and

                  (b)     if the applicant seeks to stay in Australia for 12 months or more, satisfies public interest criterion 4010; and

                 (ba)     if the applicant had turned 18 at the time of application, satisfies public interest criterion 4019; and

                   (c)     if the applicant is applying outside Australia and the applicant has previously been in Australia, satisfies special return criteria 5001, 5002 and 5010. 

574.225      The applicant gives to the Minister evidence of adequate arrangements in Australia for health insurance during the period of the applicant’s intended stay in Australia.

574.227      If:

                   (a)     the application was made in Australia; and

                  (b)     subject to clause 574.227A, the applicant is subject to the highest assessment level for the relevant course of study; and

                   (c)     at the time of application, the applicant met the requirements of clause 574.211:

                              (i)   as the holder of a visa of one of the following classes:

                                   (A)   Border (Temporary) (Class TA);

                                    (B)   Business (Temporary) (Class TB);

                                    (C)   Cultural/Social (Temporary) (Class TE);

                                   (D)   Educational (Temporary) (Class TH);

                                    (E)   Electronic Travel Authority (Class UD);

                                    (F)   Expatriate (Temporary) (Class TJ);

                                   (G)   Family Relationship (Temporary) (Class TL);

                                   (H)   Interdependency (Temporary) (Class TM);

                                     (I)   Long Stay (Visitor) (Class TN);

                                  (IA)   Maritime Crew (Temporary) (Class ZM);

                                     (J)   Medical Practitioner (Temporary) (Class UE);

                                   (K)   Retirement (Temporary) (Class TQ);

                                    (L)   Short Stay (Visitor) (Class TR);

                                 (LA)   Superyacht Crew (Temporary) (Class UW);

                                   (M)   Supported Dependant (Temporary) (Class TW);

                                   (N)   Temporary Business Entry (Class UC);

                                (NA)   Tourist (Class TR);

                                 (NB)   Visitor (Class TV);

                                   (O)   Working Holiday (Temporary) (Class TZ); or

                             (ii)   as the holder of a special purpose visa; or

                            (iii)   as the holder of a visa of one of the following subclasses:

                                   (A)   Subclass 303 (Emergency (Temporary Visa Applicant));

                                    (B)   Subclass 427 (Domestic Worker (Temporary) — Executive);

                                 (BA)   Subclass 485 (Skilled — Graduate);

                                    (C)   Subclass 497 (Graduate — Skilled); or

                            (iv)   as a person:

                                   (A)   who was not the holder of a substantive visa; and

                                    (B)   who, immediately before ceasing to hold a substantive visa, was the holder of a visa mentioned in subparagraph (i), (ii) or (iii);

                   the applicant establishes exceptional reasons for the grant of a Subclass 574 visa.

574.227A   For paragraph 574.227 (b), the highest assessment level does not include assessment level 1.

574.228      If the application was made in Australia and, at the time of application, the applicant was in Australia as the spouse, de facto partner or dependent relative of a diplomatic or consular representative of a country other than Australia:

                   (a)     that representative has completed, or is about to complete, an official posting in Australia; and

                  (b)     the Foreign Minister recommends the grant of the visa.

574.229      If:

                   (a)     the application was made in Australia; and

                  (b)     either:

                              (i)   the applicant is the holder of a student visa that is subject to condition 8535; or

                             (ii)   the last substantive visa held by the applicant was a student visa that was subject to condition 8535; and

                   (c)     the applicant is, or was, provided financial support by the Commonwealth or the government of a foreign country in relation to the student visa;

                   the applicant gives to the Minister evidence, in writing, that the Commonwealth or the government of the foreign country, as the case requires, does not oppose the applicant undertaking a course of study. 

574.229A   If the applicant is an AusAID student or an AusAID recipient, the applicant has the support of the AusAID Minister for the grant of the visa.

574.230      The applicant holds a passport of a kind specified in an instrument made under regulation 1.40.

574.231      If the applicant is not an eligible higher degree student, or does not have a confirmation of enrolment in each course of study for which the applicant is an eligible higher degree student:

                   (a)     the applicant is enrolled in, or is the subject of a current offer of enrolment in, a course of study that is a principal course; and

                  (b)     the principal course is of a type that was specified for Subclass 574 visas by the Minister in an instrument:

                              (i)   made under regulation 1.40A; and

                             (ii)   in force at the time the application was made.

574.232      If the applicant is subject to assessment level 2, the Minister is satisfied that the regular income of any individual (including the applicant) providing funds to the applicant was sufficient to accumulate the level of funding being provided by that individual.

574.233      If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

574.234      (1)   If the applicant is subject to assessment level 3, 4 or 5, the aggregate of the period, or periods, of ELICOS that the applicant is seeking to undertake, together with the period, or periods, of any previous ELICOS undertaken as the holder of a Subclass 570, 572, 573, 574, 575 or 576 visa, or any subsequent bridging visa, does not exceed:

                   (a)     for an applicant who is subject to assessment level 3 — 60 weeks; or

                  (b)     for an applicant who is subject to assessment level 4 or 5 — 40 weeks.

                   (2)   If the applicant is subject to assessment level 3, 4 or 5, the aggregate of the period, or periods, of ELICOS that the applicant is seeking to undertake, together with the period, or periods, of any previous ELICOS undertaken as the holder of a Subclass 571 visa, or any subsequent bridging visa, does not exceed:

                   (a)     for an applicant who is subject to assessment level 3 — 60 weeks; or

                  (b)     for an applicant who is subject to assessment level 4 or 5 — 50 weeks.

574.235      If the application was made in Australia, the applicant has complied substantially with the conditions that apply or applied to the last of any substantive visas held by the applicant, and to any subsequent bridging visa.

574.3     Secondary criteria

Note   Requirements to be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria.

574.31       Criteria to be satisfied at time of application

574.311      If the application is made outside Australia, the applicant is a member of the family unit of:

                   (a)     a person who is the holder of a Subclass 560 or 562 visa; or

                  (b)     a person who satisfies, or has satisfied, the primary criteria in Subdivision 574.21.

574.312      (1)   If the application is made in Australia, the applicant meets the requirements of subclause (2), (3), (4) or (5).

                   (2)   An applicant meets the requirements of this subclause if the applicant is:

                   (a)     the holder of a visa of one of the following classes:

                              (i)   Border (Temporary) (Class TA);

                             (ii)   Business (Temporary) (Class TB);

                            (iii)   Cultural/Social (Temporary) (Class TE);

                            (iv)   Educational (Temporary) (Class TH);

                             (v)   Electronic Travel Authority (Class UD);

                            (vi)   Expatriate (Temporary) (Class TJ);

                           (vii)   Family Relationship (Temporary) (Class TL);

                          (viii)   Interdependency (Temporary) (Class TM);

                            (ix)   Long Stay (Visitor) (Class TN);

                          (ixa)   Maritime Crew (Temporary) (Class ZM);

                             (x)   Medical Practitioner (Temporary) (Class UE);

                            (xi)   Retirement (Temporary) (Class TQ);

                           (xii)   Short Stay (Visitor) (Class TR);

                          (xiii)   Student (Temporary) (Class TU);

                        (xiiia)   Superyacht Crew (Temporary) (Class UW);

                          (xiv)   Supported Dependant (Temporary) (Class TW);

                           (xv)   Temporary Business Entry (Class UC);

                         (xva)   Tourist (Class TR);

                         (xvb)   Visitor (Class TV);

                          (xvi)   Working Holiday (Temporary) (Class TZ); or

                  (b)     the holder of a Diplomatic (Temporary) (Class TF) visa granted to the holder as the spouse, de facto partner or a dependent relative, of a diplomatic or consular representative of a foreign country; or

                   (c)     the holder of a special purpose visa; or

                  (d)     the holder of a visa of one of the following subclasses:

                              (i)   Subclass 303 (Emergency (Temporary Visa Applicant));

                             (ii)   Subclass 427 (Domestic Worker (Temporary) — Executive); or

                           (iia)   Subclass 485 (Skilled — Graduate);

                            (iii)   Subclass 497 (Graduate — Skilled).

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

                   (a)     the applicant does not hold a substantive visa; and

                  (b)     the applicant is a member of the family unit of a person who meets the requirements of subclause 574.211 (3); and

                   (c)     the applicant was a member of the family unit of the person at the time that person’s visa ceased to be in effect.

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

                   (a)     the applicant is the holder of a Subclass 560, 563 or 574 visa that is subject to condition 8101 or 8104; and

                  (b)     the application was made on form 157P or 157P (Internet); and

                   (c)     the applicant is a member of the family unit of a person who is the holder of a Subclass 560, 562 or 574 visa; and

                  (d)     the applicant gives to the Minister evidence that the holder of the Subclass 560, 562 or 574 visa mentioned in paragraph (c) has commenced a course of study.

                   (5)   An applicant meets the requirements of this subclause if:

                   (a)     the applicant does not hold a substantive visa; and

                  (b)     the applicant is a member of the family unit of a person who holds a Subclass 560, 562 or 574 student visa, having satisfied the primary criteria for that visa.

574.314      If the applicant is not included in the application under subregulation 2.07AF (3), or the information under subregulation 2.07AF (4), as a member of the family unit of the primary applicant mentioned in those subregulations, the applicant gives to the Minister evidence that the applicant became such a member of the family unit after the decision to grant the Subclass 574 visa to the primary applicant was made. 

574.32       Criteria to be satisfied at time of decision

574.321      (1)   Unless, at the time of application, the applicant met the requirements of subclause 574.312 (4), the applicant satisfies the criteria in clauses 574.322 to 574.332. 

                   (2)   If, at the time of application, the applicant met the requirements of subclause 574.312 (4):

                   (a)     the applicant continues to meet the requirements of paragraphs 574.312 (4) (a) and (c); and

                  (b)     either:

                              (i)   both of the following:

                                   (A)   the Minister has no reason to believe that the applicant is not a genuine applicant for entry and stay as a member of the family unit of the primary person mentioned in clause 574.322;

                                    (B)   if the applicant had turned 18 at the time of application, the applicant satisfies paragraph 574.323 (b); or

                             (ii)   the applicant satisfies the criteria in clauses 574.322 to 574.332.

574.322      The applicant is a member of the family unit of a person (the primary person):

                   (a)     who is the holder of a Subclass 560 or 562 visa and who meets one of the following:

                              (i)   the primary person is a citizen of a gazetted country within the meaning of Part 560 as it read immediately before 1 July 2001;

Note   Under former clause 560.111, gazetted country meant a country specified by Gazette Notice for the purpose of Part 560.

                             (ii)   the primary person is undertaking a course of study paid for, wholly or in part, by:

                                   (A)   the Commonwealth or the government of a State or Territory; or

                                    (B)   the government of a foreign country; or

                                    (C)   a multilateral agency;

                            (iii)   the primary person:

                                   (A)   will be, or has been, granted a visa in relation to a course of study that is, or to courses
of study that are together, of a duration of 12 months or more; or

                                    (B)   has been lawfully in Australia for 12 months or more; or

                  (b)     who satisfies, or has satisfied, the primary criteria in Subdivisions 574.21 and 574.22 and who meets one of the following:

                              (i)   the primary person is subject to assessment level 1 or 2;

                            (ia)   the primary person is an eligible higher degree student;

                             (ii)   the primary person is undertaking a course of study paid for, wholly or in part, by:

                                   (A)   the Commonwealth or the government of a State or Territory; or

                                    (B)   the government of a foreign country; or

                                    (C)   a multilateral agency;

                            (iii)   the primary person:

                                   (A)   will be, or has been, granted a visa in relation to a course of study that is, or to courses of study that are together, of a duration of 12 months or more; or

                                    (B)   has been lawfully in Australia for 12 months or more.

574.323      The applicant:

                   (a)     satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4013, 4014 and 4020; and

                  (b)     if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.

574.324      If the applicant seeks to stay in Australia for 12 months or more, the applicant satisfies public interest criterion 4010. 

574.325      If the application is made outside Australia and the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.

574.326      The Minister is satisfied that:

                 (aa)     the applicant intends genuinely to stay in Australia temporarily, having regard to:

                              (i)   the applicant’s circumstances; and

                             (ii)   the applicant’s immigration history; and

                            (iii)   if the applicant is a minor — the intentions of a parent, legal guardian or spouse of the applicant; and

                            (iv)   any other relevant matter; and

                   (a)     the applicant is a genuine applicant for entry and stay as a member of the family unit of the primary person mentioned in clause 574.322; and

                  (b)     that primary person has adequate means to support himself or herself and the members of his or her family unit during the period of the applicant’s intended stay in Australia; and

                   (c)     on the basis of the applicant’s stated intention, the applicant intends to comply with any conditions subject to which the visa is granted; and

                  (d)     if the applicant is required to give evidence in accordance with Schedule 5B — while the applicant holds the visa, the applicant or the primary person will have access to the funds demonstrated or declared in accordance with the requirements in that Schedule.

574.327      The applicant gives to the Minister evidence of adequate arrangements in Australia for health insurance during the period of the applicant’s intended stay in Australia.

574.328      If:

                   (a)     the applicant is a school‑age dependant of the primary person mentioned in clause 574.322; and

                  (b)     the period of stay proposed in the application is more than 3 months;

                   the applicant gives to the Minister evidence that adequate arrangements have been made for the education of the applicant in Australia.

574.329      If the application was made outside Australia and made separately from that of the primary person mentioned in clause 574.322:

                   (a)     the primary person is, or is expected soon to be, in Australia; and

                  (b)     a nomination of the applicant by the primary person, on approved form 919, has been lodged and has been approved by the Minister.

574.330      The applicant gives evidence that there are sufficient funds to meet the travel costs for the applicant:

                   (a)     if the applicant is not in Australia — to Australia, and from Australia; or

                  (b)     if the applicant is in Australia — from Australia.

574.331      If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

574.332      (1)   If the applicant:

                   (a)     is a member of the family unit of a person (the primary person) to whom subclause (2) applies; and

                  (b)     was not included in the application for a student visa made by the primary person;

                   the applicant must give evidence, in accordance with Schedule 5B, for the assessment level to which the primary person was subject at the time of the decision in relation to the primary person.

                   (2)   This subclause applies to a primary person who:

                   (a)     is the holder of a Subclass 574 visa, granted on or after 1 December 2003 on the basis of satisfying the primary criteria in Division 574.2; and

                  (b)     was subject to assessment level 2, 3 or 4 at the time of the decision to grant the visa; and

                   (c)     was, at the time of the decision to grant the visa:

                              (i)   fully funded; or

                             (ii)   the subject of an arrangement by which the course fees, living costs and travel costs for the primary person’s full period, assessed for the primary person alone, were to be met by:

                                   (A)   a provincial or state government in a foreign country, with the written support of the government of that country; or

                                    (B)   an organisation specified by the Minister in a Gazette Notice for this paragraph; or

                            (iii)   the holder of an International Postgraduate Research Scholarship funded by the Commonwealth Government.

                   (3)   If the applicant:

                   (a)     is a member of the family unit of a person (the primary person) to whom subclause (4) applies; and

                  (b)     was not included in the application for a student visa made by the primary person;

                   the Minister must be satisfied that the regular income of any individual (including the applicant) providing funds to the applicant was sufficient to accumulate the level of funding being provided by that individual.

                   (4)   This subclause applies to a primary person who:

                   (a)     is the holder of a Subclass 574 visa, granted on or after 1 December 2003 on the basis of satisfying the primary criteria in Division 574.2; and

                  (b)     was subject to assessment level 2 at the time of the decision to grant the visa; and

                   (c)     was, at the time of the decision to grant the visa:

                              (i)   fully funded; or

                             (ii)   the subject of an arrangement by which the course fees, living costs and travel costs for the primary person’s full period, assessed for the primary person alone, were to be met by:

                                   (A)   a provincial or state government in a foreign country, with the written support of the government of that country; or

                                    (B)   an organisation specified by the Minister in a Gazette Notice for this paragraph; or

                            (iii)   the holder of an International Postgraduate Research Scholarship funded by the Commonwealth Government.

574.333      If the application was made in Australia, the applicant has complied substantially with the conditions that apply or applied to the last of any substantive visas held by the applicant, and to any subsequent bridging visa.

574.334      The Minister is satisfied that:

                   (a)     the applicant is the holder of a valid passport that:

                              (i)   was issued to the applicant by an official source; and

                             (ii)   is in the form issued by the official source; or

                  (b)     it would be unreasonable to require the applicant to be the holder of a passport.

574.4     Circumstances applicable to grant

574.411      If the application is made outside Australia, the applicant must be outside Australia at the time of grant.

574.412      If the application is made in Australia, the applicant must be in Australia at the time of grant.

574.5     When visa is in effect

574.511      Temporary visa permitting the holder to travel to, enter and remain in Australia:

                   (a)     if the application is made on form 157P or 157P (Internet) — until the date on which the visa held by the applicant at the time of application would have ceased to be in effect; and

                  (b)     otherwise — until a date specified by the Minister.

574.6     Conditions

574.611      If the applicant satisfies the primary criteria:

                   (a)     in all cases, conditions 8105, 8202, 8501, 8516, 8517, 8532 and 8533; and

                  (d)     if the applicant is a citizen of Iran, condition 8203; and

                   (e)     subject to clause 574.612, any 1 or more of conditions 8303, 8523 and 8535 may be imposed.

574.612      If, at the time of application, the applicant was the holder of a Subclass 560, 562, 570, 571, 572, 573, 574, 575 or 576 visa that was subject to condition 8523 and the applicant satisfies the primary criteria, condition 8523.

574.613      (1)   If the applicant:

                   (a)     satisfies the primary criteria; and

                  (b)     is subject to assessment level 3, 4 or 5; and

                   (c)     is seeking to undertake a course of study that is, or courses of study that are together, of 10 months duration or less; and

                  (d)     is not an applicant to whom subclause (2) applies;

                   condition 8534.

                   (2)   If the applicant:

                   (a)     satisfies the primary criteria; and

                  (b)     is subject to assessment level 3; and

                   (c)     gives to the Minister the evidence mentioned in subclause (3);

                   condition 8534 may be imposed.

                   (3)   For subclause (2), the evidence is:

                   (a)     evidence that the applicant has funds from an acceptable source that are sufficient to meet the following expenses for the period of 12 months after the full period:

                              (i)   living costs, within the meaning of subclause 5A104 (1);

                             (ii)   school costs, within the meaning of subclause 5A104 (2); and

                  (b)     evidence that the applicant has a further amount, specified by the Minister in an instrument in writing for this paragraph, in funds from an acceptable source; and

                   (c)     evidence that the regular income of any individual (including the applicant) providing funds to the applicant was sufficient to accumulate the level of funding being provided by that individual.

                   (4)   For paragraphs (3) (a) and (b), the funds must be in addition to the funds for which the applicant provided evidence for subclause 5A608 (1).

                   (5)   If the applicant satisfies the secondary criteria as a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 574 visa that is subject to condition 8534, condition 8534.

                   (6)   In this clause:

funds from an acceptable source has the meaning given by subclause 5A608 (2).

574.613A   (1)   If the applicant (the primary applicant) is seeking to undertake a course of study that has been gazetted for subregulation 1.44 (2) and the applicant did not provide evidence of English language proficiency otherwise required under clause 5A604 or 5A607 of Schedule 5A, condition 8534. 

                   (2)   If the applicant satisfies the secondary criteria as a member of the family unit of the primary applicant, condition 8534. 

574.614      (1)   If the applicant (the primary applicant) is subject to assessment level 1 or 2 and is seeking to undertake a course of study that is, or courses of study that are together, of 10 months duration or less, condition 8534 may be imposed. 

                   (2)   If the applicant satisfies the secondary criteria as a member of the family unit of the primary applicant, condition 8534 may be imposed. 

574.615      (1)   If the applicant (the primary applicant) is seeking to undertake a course of study that is, or courses of study that are together, of more than 10 months duration, condition 8534 may be imposed. 

                   (2)   If the applicant satisfies the secondary criteria as a member of the family unit of the primary applicant, condition 8534 may be imposed. 

574.616      (1)   If the applicant satisfies the secondary criteria:

                   (a)     in all cases:

                              (i)   conditions 8501 and 8516; and

                             (ii)   condition 8518 (except if the visa is granted to an applicant who has turned 18); and

                  (b)     if the applicant is a citizen of Iran, condition 8204; and

                   (c)     subject to subclause (2), condition 8201 must be imposed if the applicant has turned 18; and

                   (e)     any 1 or more of conditions 8303, 8522 and 8535 may be imposed. 

                   (2)   Condition 8201 is not imposed on a student visa granted to an applicant who has turned 18 if, at the time of the application:

                   (a)     the applicant was the holder of a Subclass 560 visa as a person who satisfied the secondary criteria in Subdivisions 560.31 and 560.32; or

                  (b)     the applicant was the holder of a Subclass 563 visa; or

                   (c)     the applicant was:

                              (i)   the holder of a Subclass 570, 571, 572, 573, 574, 575 or 576 visa as a person who satisfied the secondary criteria for the subclass; and

                             (ii)   immediately before being granted the Subclass 570, 571, 572, 573, 574, 575 or 576 visa, the holder of a Subclass 560 or 563 visa that was subject to condition 8101. 

574.617      If the applicant satisfies the secondary criteria, condition 8104.

574.7     Way of giving evidence

574.711      No evidence need be given.

574.712      If evidence is given, to be given by a label affixed to a valid passport.

Subclass 575             Non‑Award Sector

575.1     Interpretation and preliminary

575.111      In this Part:

course fees has the same meaning as in Schedule 5A.

course of study means a full‑time registered course of study.

Note 1   non‑award course is defined in regulation 1.03.

Note 2   To work out whether a course of study is a principal course, see subregulation 1.40 (2).

eligible education provider means an education provider specified as an eligible education provider in an instrument made under clause 575.112.

eligible university exchange student means an applicant for a Subclass 575 visa in relation to whom the following apply:

                   (a)     the applicant is enrolled in a full-time course of study that is not leading to an award;

                  (b)     the course of study is not an ELICOS;

                   (c)     the course of study is provided by an eligible education provider;

                  (d)     the course of study is part of:

                              (i)   a formal exchange program; or

                             (ii)   a study abroad program.

full period has the same meaning as in Schedule 5A.

fully funded has the same meaning as in Schedule 5A.

living costs has the same meaning as in Schedule 5A.

travel costs has the same meaning as in Schedule 5A.

Note   foreign country is defined in paragraph 22 (1) (f) of the
Acts Interpretation Act 1901 as any country (whether or not an independent sovereign state) outside Australia and the external Territories.

575.112      For this Part, the Minister may, by instrument in writing, specify an education provider as an eligible education provider.

575.2     Primary criteria

Note   The primary criteria must be satisfied by at least one member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria.

575.21       Criteria to be satisfied at time of application

575.211      (1)   If the application is made in Australia, the applicant meets the requirements of subclause (2), (3), (4) or (6).

                   (2)   An applicant meets the requirements of this subclause if the applicant is:

                   (a)     the holder of a visa of one of the following classes:

                              (i)   Border (Temporary) (Class TA);

                             (ii)   Business (Temporary) (Class TB);

                            (iii)   Cultural/Social (Temporary) (Class TE);

                            (iv)   Educational (Temporary) (Class TH);

                             (v)   Electronic Travel Authority (Class UD);

                            (vi)   Expatriate (Temporary) (Class TJ);

                           (vii)   Family Relationship (Temporary) (Class TL);

                          (viii)   Interdependency (Temporary) (Class TM);

                            (ix)   Long Stay (Visitor) (Class TN);

                          (ixa)   Maritime Crew (Temporary) (Class ZM);

                             (x)   Medical Practitioner (Temporary) (Class UE);

                            (xi)   Retirement (Temporary) (Class TQ);

                           (xii)   Short Stay (Visitor) (Class TR);

                          (xiii)   Student (Temporary) (Class TU);

                        (xiiia)   Superyacht Crew (Temporary) (Class UW);

                          (xiv)   Supported Dependant (Temporary) (Class TW);

                           (xv)   Temporary Business Entry (Class UC);

                         (xva)   Tourist (Class TR);

                         (xvb)   Visitor (Class TV);

                          (xvi)   Working Holiday (Temporary) (Class TZ); or

                  (b)     the holder, as the spouse, de facto partner or a dependent relative of a diplomatic or consular representative of a foreign country, of a Diplomatic (Temporary) (Class TF) visa; or

                   (c)     the holder of a special purpose visa; or

                  (d)     the holder of a visa of one of the following subclasses:

                              (i)   Subclass 303 (Emergency (Temporary Visa Applicant));

                             (ii)   Subclass 427 (Domestic Worker (Temporary) — Executive).

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

                   (a)     the applicant is not the holder of a substantive visa; and

                  (b)     the last substantive visa held by the applicant was:

                              (i)   a student visa; or

                             (ii)   a special purpose visa; or

                            (iii)   a Subclass 303 (Emergency (Temporary Visa Applicant)) visa; or

                            (iv)   a Diplomatic (Temporary) (Class TF) visa granted to the holder as the spouse, de facto partner or a dependent relative, of a diplomatic or consular representative of a foreign country; and

                   (c)     the application is made within 28 days (or within such period specified by Gazette Notice) after:

                              (i)   the day when that last substantive visa ceased to be in effect; or

                             (ii)   if that last substantive visa was cancelled, and the Migration Review Tribunal has made a decision to set aside and substitute the cancellation decision
or the Minister’s decision not to revoke the cancellation — the later of:

                                   (A)   the day when that last substantive visa ceased to be in effect; and

                                    (B)   the day when the applicant is taken, under sections 368C, 368D and 379C of the Act, to have been notified of the Tribunal’s decision; and

                  (d)     the applicant satisfies Schedule 3 criterion 3005.

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

                   (a)     the applicant is the holder of a Subclass 560, 562 or 575 visa that is subject to condition 8101; and

                  (b)     the application was made on form 157P or 157P (Internet); and

                   (c)     the applicant gives to the Minister evidence that the applicant has commenced a course of study.

                   (6)   An applicant meets the requirements of this subclause if:

                   (a)     the applicant is the holder of a Subclass 570, 571, 572, 573, 574 or 576 visa; and

                  (b)     the application was made on form 157A or 157A (Internet); and

                   (c)     the applicant gives to the Minister evidence of an offer of a place with an education provider of a course of study other than the education provider of a course for which the visa held was granted; and

                  (d)     the Minister is satisfied that there are exceptional circumstances justifying the change in enrolment.

575.212      If the applicant is an eligible university exchange student, the applicant must have a confirmation of enrolment in the course of study for which the applicant is an eligible university exchange student.

575.22       Criteria to be satisfied at time of decision

575.221      (1)   Unless, at the time of application, the applicant met the requirements of subclause 575.211 (4), the applicant satisfies the criteria in clauses 575.222 to 575.234.

                   (2)   If, at the time of application, the applicant met the requirements of subclause 575.211 (4):

                   (a)     the applicant continues to meet the requirements of paragraph 575.211 (4) (a); and

                  (b)     either:

                              (i)   both of the following:

                                   (A)   the Minister has no reason to believe that the applicant is not a genuine student;

                                    (B)   if the applicant had turned 18 at the time of application, the applicant satisfies paragraph 575.224 (ba); or

                             (ii)   the applicant satisfies the criteria in clauses 575.223 to 575.234.

575.222      (1)   Except if subclause (2) applies or if the application was made on form 157E, the applicant gives to the Minister a certificate of enrolment relating to the applicant undertaking a course of study the provider of which is not a suspended education provider (an acceptable course).

                   (2)   If a failure of electronic transmission has prevented an education provider from sending a certificate of enrolment and the Minister is satisfied that the applicant needs to travel urgently, the applicant gives to the Minister satisfactory evidence that the applicant is enrolled in an acceptable course.

                   (3)   If the application was made on form 157E, the applicant is enrolled in an acceptable course.

575.223      (1)   The Minister is satisfied that the applicant is a genuine applicant for entry and stay as a student because:

                   (a)     the Minister is satisfied that the applicant intends genuinely to stay in Australia temporarily, having regard to:

                              (i)   the applicant’s circumstances; and

                             (ii)   the applicant’s immigration history; and

                            (iii)   if the applicant is a minor — the intentions of a parent, legal guardian or spouse of the applicant; and

                            (iv)   any other relevant matter; and

                  (b)     the applicant meets the requirements of subclause (1A) or (2).

                   (1A)   If the applicant is an eligible university exchange student who has a confirmation of enrolment in the course of study for which the applicant is an eligible university exchange student:

                   (a)     the applicant gives the Minister evidence that the applicant has:

                              (i)   a level of English language proficiency that satisfies the applicant’s eligible education provider; and

                             (ii)   educational qualifications required by the eligible education provider; and

                  (b)     the Minister is satisfied that the applicant is a genuine applicant for entry and stay as a student, having regard to:

                              (i)   the stated intention of the applicant to comply with any conditions subject to which the visa is granted; and

                             (ii)   any other relevant matter; and

                   (c)     the Minister is satisfied that, while the applicant holds the visa, the applicant will have sufficient funds to meet:

                              (i)   the costs and expenses required to support the applicant during the proposed stay in Australia; and

                             (ii)   the costs and expenses required to support each member (if any) of the applicant’s family unit.

                   (2)   If the applicant is not an eligible university exchange student, or does not have a confirmation of enrolment in the course of study for which the applicant is an eligible university exchange student:

                   (a)     the applicant gives the Minister evidence in accordance with the requirements mentioned in Schedule 5A for the highest assessment level for the applicant; and

                  (b)     the Minister is satisfied that the applicant is a genuine applicant for entry and stay as a student, having regard to:

                              (i)   the stated intention of the applicant to comply with any conditions subject to which the visa is granted; and

                             (ii)   any other relevant matter; and

                   (c)     the Minister is satisfied that, while the applicant holds the visa, the applicant will have access to the funds demonstrated or declared in accordance with the requirements in Schedule 5A relating to the applicant’s financial capacity.

575.224      The applicant:

                   (a)     satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4012A, 4013, 4014 and 4020; and

                  (b)     if the applicant seeks to stay in Australia for 12 months or more, satisfies public interest criterion 4010; and

                 (ba)     if the applicant had turned 18 at the time of application, satisfies public interest criterion 4019; and

                   (c)     if the applicant is applying outside Australia and the applicant has previously been in Australia, satisfies special return criteria 5001, 5002 and 5010. 

575.225      The applicant gives to the Minister evidence of adequate arrangements in Australia for health insurance during the period of the applicant’s intended stay in Australia.

575.227      If:

                   (a)     the application was made in Australia; and

                  (b)     subject to clause 575.227A, the applicant is subject to the highest assessment level for the relevant course of study; and

                   (c)     at the time of application, the applicant met the requirements of clause 575.211:

                              (i)   as the holder of a visa of one of the following classes:

                                   (A)   Border (Temporary) (Class TA);

                                    (B)   Business (Temporary) (Class TB);

                                    (C)   Cultural/Social (Temporary) (Class TE);

                                   (D)   Educational (Temporary) (Class TH);

                                    (E)   Electronic Travel Authority (Class UD);

                                    (F)   Expatriate (Temporary) (Class TJ);

                                   (G)   Family Relationship (Temporary) (Class TL);

                                   (H)   Interdependency (Temporary) (Class TM);

                                     (I)   Long Stay (Visitor) (Class TN);

                                  (IA)   Maritime Crew (Temporary) (Class ZM);

                                     (J)   Medical Practitioner (Temporary) (Class UE);

                                   (K)   Retirement (Temporary) (Class TQ);

                                    (L)   Short Stay (Visitor) (Class TR);

                                 (LA)   Superyacht Crew (Temporary) (Class UW);

                                   (M)   Supported Dependant (Temporary) (Class TW);

                                   (N)   Temporary Business Entry (Class UC);

                                (NA)   Tourist (Class TR);

                                 (NB)   Visitor (Class TV);

                                   (O)   Working Holiday (Temporary) (Class TZ); or

                             (ii)   as the holder of a special purpose visa; or

                            (iii)   as the holder of a visa of one of the following subclasses:

                                   (A)   Subclass 303 (Emergency (Temporary Visa Applicant));

                                    (B)   Subclass 427 (Domestic Worker (Temporary) — Executive); or

                            (iv)   as a person:

                                   (A)   who was not the holder of a substantive visa; and

                                    (B)   who, immediately before ceasing to hold a substantive visa, was the holder of a visa mentioned in subparagraph (i), (ii) or (iii);

                   the applicant establishes exceptional reasons for the grant of a Subclass 575 visa.

575.227A   For paragraph 575.227 (b), the highest assessment level does not include assessment level 1.

575.228      If the application was made in Australia and, at the time of application, the applicant was in Australia as the spouse, de facto partner or dependent relative of a diplomatic or consular representative of a country other than Australia:

                   (a)     that representative has completed, or is about to complete, an official posting in Australia; and

                  (b)     the Foreign Minister recommends the grant of the visa.

575.229      If:

                   (a)     the application was made in Australia; and

                  (b)     either:

                              (i)   the applicant is the holder of a student visa that is subject to condition 8535; or

                             (ii)   the last substantive visa held by the applicant was a student visa that was subject to condition 8535; and

                   (c)     the applicant is, or was, provided financial support by the Commonwealth or the government of a foreign country in relation to the student visa;

                   the applicant gives to the Minister evidence, in writing, that the Commonwealth or the government of the foreign country, as the case requires, does not oppose the applicant undertaking a full‑time non‑award course. 

575.229A   If the applicant is an AusAID student or an AusAID recipient, the applicant has the support of the AusAID Minister for the grant of the visa.

575.230      The applicant holds a passport of a kind specified in a Gazette Notice made under regulation 1.40.

575.231      If the applicant is not an eligible university exchange student, or does not have a confirmation of enrolment in the course
of study for which the applicant is an eligible university exchange student:

                   (a)     the applicant is enrolled in, or is the subject of a current offer of enrolment in, a course of study that is a principal course; and

                  (b)     the principal course is of a type that was specified for Subclass 575 visas by the Minister in an instrument:

                              (i)   made under regulation 1.40A; and

                             (ii)   in force at the time the application was made.

575.232      If the applicant is subject to assessment level 2, the Minister is satisfied that the regular income of any individual (including the applicant) providing funds to the applicant was sufficient to accumulate the level of funding being provided by that individual.

575.233      If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

575.234      (1)   If the applicant is subject to assessment level 3, 4 or 5, the aggregate of the period, or periods, of ELICOS that the applicant is seeking to undertake, together with the period, or periods, of any previous ELICOS undertaken as the holder of a Subclass 570, 572, 573, 574, 575 or 576 visa, or any subsequent bridging visa, does not exceed:

                   (a)     for an applicant who is subject to assessment level 3 — 60 weeks; or

                  (b)     for an applicant who is subject to assessment level 4 or 5 — 40 weeks.

                   (2)   If the applicant is subject to assessment level 3, 4 or 5, the aggregate of the period, or periods, of ELICOS that the applicant is seeking to undertake, together with the period, or periods, of any previous ELICOS undertaken as the holder of a Subclass 571 visa, or any subsequent bridging visa, does not exceed:

                   (a)     for an applicant who is subject to assessment level 3 — 60 weeks; or

                  (b)     for an applicant who is subject to assessment level 4 or 5 — 50 weeks.

575.235      If the application was made in Australia, the applicant has complied substantially with the conditions that apply or applied to the last of any substantive visas held by the applicant, and to any subsequent bridging visa.

575.3     Secondary criteria

Note   Requirements to be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria.

575.31       Criteria to be satisfied at time of application

575.311      If the application is made outside Australia, the applicant is a member of the family unit of:

                   (a)     a person who is the holder of a Subclass 560 or 562 visa; or

                  (b)     a person who satisfies, or has satisfied, the primary criteria in Subdivision 575.21.

575.312      (1)   If the application is made in Australia, the applicant meets the requirements of subclause (2), (3), (4) or (5).

                   (2)   An applicant meets the requirements of this subclause if the applicant is the holder of:

                   (a)     a visa of one of the following classes:

                              (i)   Border (Temporary) (Class TA);

                             (ii)   Business (Temporary) (Class TB);

                            (iii)   Cultural/Social (Temporary) (Class TE);

                            (iv)   Educational (Temporary) (Class TH);

                             (v)   Electronic Travel Authority (Class UD);

                            (vi)   Expatriate (Temporary) (Class TJ);

                           (vii)   Family Relationship (Temporary) (Class TL);

                          (viii)   Interdependency (Temporary) (Class TM);

                            (ix)   Long Stay (Visitor) (Class TN);

                          (ixa)   Maritime Crew (Temporary) (Class ZM);

                             (x)   Medical Practitioner (Temporary) (Class UE);

                            (xi)   Retirement (Temporary) (Class TQ);

                           (xii)   Short Stay (Visitor) (Class TR);

                          (xiii)   Student (Temporary) (Class TU);

                        (xiiia)   Superyacht Crew (Temporary) (Class UW);

                          (xiv)   Supported Dependant (Temporary) (Class TW);

                           (xv)   Temporary Business Entry (Class UC);

                         (xva)   Tourist (Class TR);

                         (xvb)   Visitor (Class TV);

                          (xvi)   Working Holiday (Temporary) (Class TZ); or

                  (b)     a Diplomatic (Temporary) (Class TF) visa granted to the holder as the spouse, de facto partner, or a dependent relative, of a diplomatic or consular representative of a foreign country; or

                   (c)     a special purpose visa; or

                  (d)     a visa of one of the following subclasses:

                              (i)   Subclass 303 (Emergency (Temporary Visa Applicant));

                             (ii)   Subclass 427 (Domestic Worker (Temporary) — Executive).

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

                   (a)     the applicant does not hold a substantive visa; and

                  (b)     the applicant is a member of the family unit of a person who meets the requirements of subclause 575.211 (3); and

                   (c)     the applicant was a member of the family unit of the person at the time that person’s visa ceased to be in effect.

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

                   (a)     the applicant is the holder of a Subclass 560, 563 or 575 visa that is subject to condition 8101; and

                  (b)     the application was made on form 157P or 157P (Internet); and

                   (c)     the applicant is a member of the family unit of a person who is the holder of a Subclass 560, 562 or 575 visa; and

                  (d)     the applicant gives to the Minister evidence that the holder of the Subclass 560, 562 or 575 visa mentioned in paragraph (c) has commenced a course of study.

                   (5)   An applicant meets the requirements of this subclause if:

                   (a)     the applicant does not hold a substantive visa; and

                  (b)     the applicant is a member of the family unit of a person who holds a Subclass 560, 562 or 575 student visa, having satisfied the primary criteria for that visa.

575.314      If the applicant is not included in the application under subregulation 2.07AF (3), or the information under subregulation 2.07AF (4), as a member of the family unit of the primary applicant mentioned in those subregulations, the applicant gives to the Minister evidence that the applicant became such a member of the family unit after the decision to grant the Subclass 575 visa to the primary applicant was made. 

575.315      The applicant is not a secondary exchange student.

575.32       Criteria to be satisfied at time of decision

575.321      (1)   Unless, at the time of application, the applicant met the requirements of subclause 575.312 (4), the applicant satisfies the criteria in clauses 575.322 to 575.332. 

                   (2)   If, at the time of application, the applicant met the requirements of subclause 575.312 (4):

                   (a)     the applicant continues to meet the requirements of paragraphs 575.312 (4) (a) and (c); and

                  (b)     either:

                              (i)   both of the following:

                                   (A)   the Minister has no reason to believe that the applicant is not a genuine applicant for entry and stay as a member of the family unit of the primary person mentioned in clause 575.322;

                                    (B)   if the applicant had turned 18 at the time of application, the applicant satisfies paragraph 575.323 (b); or

                             (ii)   the applicant satisfies the criteria in clauses 575.322 to 575.332.

575.322      The applicant is a member of the family unit of a person (the primary person):

                   (a)     who is the holder of a Subclass 560 or 562 visa and who meets one of the following:

                              (i)   the primary person is a citizen of a gazetted country within the meaning of Part 560 as it read immediately before 1 July 2001;

Note   Under former clause 560.111, gazetted country meant a country specified by Gazette Notice for the purpose of Part 560.

                             (ii)   the primary person is undertaking a course of study paid for, wholly or in part, by:

                                   (A)   the Commonwealth or the government of a State or Territory; or

                                    (B)   the government of a foreign country; or

                                    (C)   a multilateral agency;

                            (iii)   the primary person:

                                   (A)   will be, or has been, granted a visa in relation to a course of study that is, or to courses of study that are together, of a duration of 12 months or more; or

                                    (B)   has been lawfully in Australia for 12 months or more; or

                  (b)     who satisfies, or has satisfied, the primary criteria in Subdivisions 575.21 and 575.22 and who meets one of the following:

                              (i)   the primary person is subject to assessment level 1 or 2;

                            (ia)   the primary person is an eligible university exchange student;

                             (ii)   the primary person is undertaking a course of study paid for, wholly or in part, by:

                                   (A)   the Commonwealth or the government of a State or Territory; or

                                    (B)   the government of a foreign country; or

                                    (C)   a multilateral agency;

                            (iii)   the primary person:

                                   (A)   will be, or has been, granted a visa in relation to a course of study that is, or to courses of study that are together, of a duration of 12 months or more; or

                                    (B)   has been lawfully in Australia for 12 months or more.

575.323      The applicant:

                   (a)     satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4013, 4014 and 4020; and

                  (b)     if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.

575.324      If the applicant seeks to stay in Australia for 12 months or more, the applicant satisfies public interest criterion 4010. 

575.325      If the application is made outside Australia and the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.

575.326      The Minister is satisfied that:

                 (aa)     the applicant intends genuinely to stay in Australia temporarily, having regard to:

                              (i)   the applicant’s circumstances; and

                             (ii)   the applicant’s immigration history; and

                            (iii)   if the applicant is a minor — the intentions of a parent, legal guardian or spouse of the applicant; and

                            (iv)   any other relevant matter; and

                   (a)     the applicant is a genuine applicant for entry and stay as a member of the family unit of the primary person mentioned in clause 575.322; and

                  (b)     that primary person has adequate means to support himself or herself and the members of his or her family unit during the period of the applicant’s intended stay in Australia; and

                   (c)     on the basis of the applicant’s stated intention, the applicant intends to comply with any conditions subject to which the visa is granted; and

                  (d)     if the applicant is required to give evidence in accordance with Schedule 5B — while the applicant holds the visa, the applicant or the primary person will have access to the funds demonstrated or declared in accordance with the requirements in that Schedule.

575.327      The applicant gives to the Minister evidence of adequate arrangements in Australia for health insurance during the period of the applicant’s intended stay in Australia.

575.328      If:

                   (a)     the applicant is a school‑age dependant of the primary person mentioned in clause 575.322; and

                  (b)     the period of stay proposed in the application is more than 3 months;

                   the applicant gives to the Minister evidence that adequate arrangements have been made for the education of the applicant in Australia.

575.329      If the application was made outside Australia and made separately from that of the primary person mentioned in clause 575.322:

                   (a)     the primary person is, or is expected soon to be, in Australia; and

                  (b)     a nomination of the applicant by the primary person, on approved form 919, has been lodged and has been approved by the Minister.

575.330      The applicant gives evidence that there are sufficient funds to meet the travel costs for the applicant:

                   (a)     if the applicant is not in Australia — to Australia, and from Australia; or

                  (b)     if the applicant is in Australia — from Australia.

575.331      If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

575.332      (1)   If the applicant:

                   (a)     is a member of the family unit of a person (the primary person) to whom subclause (2) applies; and

                  (b)     was not included in the application for a student visa made by the primary person;

                   the applicant must give evidence, in accordance with Schedule 5B, for the assessment level to which the primary person was subject at the time of the decision in relation to the primary person.

                   (2)   This subclause applies to a primary person who:

                   (a)     is the holder of a Subclass 575 visa, granted on or after 1 December 2003 on the basis of satisfying the primary criteria in Division 575.2; and

                  (b)     was subject to assessment level 2, 3 or 4 at the time of the decision to grant the visa; and

                   (c)     was, at the time of the decision to grant the visa:

                              (i)   fully funded; or

                             (ii)   the subject of an arrangement by which the course fees, living costs and travel costs for the primary person’s full period, assessed for the primary person alone, were to be met by:

                                   (A)   a provincial or state government in a foreign country, with the written support of the government of that country; or

                                    (B)   an organisation specified by the Minister in a Gazette Notice for this paragraph.

                   (3)   If the applicant:

                   (a)     is a member of the family unit of a person (the primary person) to whom subclause (4) applies; and

                  (b)     was not included in the application for a student visa made by the primary person;

                   the Minister must be satisfied that the regular income of any individual (including the applicant) providing funds to the applicant was sufficient to accumulate the level of funding being provided by that individual.

                   (4)   This subclause applies to a primary person who:

                   (a)     is the holder of a Subclass 575 visa, granted on or after 1 December 2003 on the basis of satisfying the primary criteria in Division 575.2; and

                  (b)     was subject to assessment level 2 at the time of the decision to grant the visa; and

                   (c)     was, at the time of the decision to grant the visa:

                              (i)   fully funded; or

                             (ii)   the subject of an arrangement by which the course fees, living costs and travel costs for the primary person’s full period, assessed for the primary person alone, were to be met by:

                                   (A)   a provincial or state government in a foreign country, with the written support of the government of that country; or

                                    (B)   an organisation specified by the Minister in a Gazette Notice for this paragraph.

575.333      If the application was made in Australia, the applicant has complied substantially with the conditions that apply or applied to the last of any substantive visas held by the applicant, and to any subsequent bridging visa.

575.334      The Minister is satisfied that:

                   (a)     the applicant is the holder of a valid passport that:

                              (i)   was issued to the applicant by an official source; and

                             (ii)   is in the form issued by the official source; or

                  (b)     it would be unreasonable to require the applicant to be the holder of a passport.

575.4     Circumstances applicable to grant

575.411      If the application is made outside Australia, the applicant must be outside Australia at the time of grant.

575.412      If the application is made in Australia, the applicant must be in Australia at the time of grant.

575.5     When visa is in effect

575.511      Temporary visa permitting the holder to travel to, enter and remain in Australia:

                   (a)     if the application is made on form 157P or 157P (Internet) — until the date on which the visa held by the applicant at the time of application would have ceased to be in effect; and

                  (b)     otherwise — until a date specified by the Minister.

575.6     Conditions

575.611      If the applicant satisfies the primary criteria:

                   (a)     in all cases, conditions 8105, 8202, 8501, 8516, 8517, 8532 and 8533; and

                  (d)     if the applicant is a citizen of Iran, condition 8204; and

                   (e)     subject to clause 575.612, any 1 or more of conditions 8303, 8523 and 8535 may be imposed.

575.612      If, at the time of application, the applicant was the holder of a Subclass 560, 562, 570, 571, 572, 573, 574, 575 or 576 visa that was subject to condition 8523 and the applicant satisfies the primary criteria, condition 8523.

575.613      (1)   If the applicant:

                   (a)     satisfies the primary criteria; and

                  (b)     is subject to assessment level 3, 4 or 5; and

                   (c)     is seeking to undertake a course of study that is, or courses of study that are together, of 10 months duration or less; and

                  (d)     is not an applicant to whom subclause (2) applies;

                   condition 8534.

                   (2)   If the applicant:

                   (a)     satisfies the primary criteria; and

                  (b)     is subject to assessment level 3; and

                   (c)     gives to the Minister the evidence mentioned in subclause (3);

                   condition 8534 may be imposed.

                   (3)   For subclause (2), the evidence is:

                   (a)     evidence that the applicant has funds from an acceptable source that are sufficient to meet the following expenses for the period of 12 months after the full period:

                              (i)   living costs, within the meaning of subclause 5A104 (1);

                             (ii)   school costs, within the meaning of subclause 5A104 (2); and

                  (b)     evidence that the applicant has a further amount, specified by the Minister in an instrument in writing for this paragraph, in funds from an acceptable source; and

                   (c)     evidence that the regular income of any individual (including the applicant) providing funds to the applicant was sufficient to accumulate the level of funding being provided by that individual.

                   (4)   For paragraphs (3) (a) and (b), the funds must be in addition to the funds for which the applicant provided evidence for subclause 5A708 (1).

                   (5)   If the applicant satisfies the secondary criteria as a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 575 visa that is subject to condition 8534, condition 8534.

                   (6)   In this clause:

funds from an acceptable source has the meaning given by subclause 5A708 (2).

575.614      (1)   If the applicant (the primary applicant) is subject to assessment level 1 or 2 and is seeking to undertake a course of study that is, or courses of study that are together, of 10 months duration or less, condition 8534 may be imposed. 

                   (2)   If the applicant satisfies the secondary criteria as a member of the family unit of the primary applicant, condition 8534 may be imposed. 

575.615      (1)   If the applicant (the primary applicant) is seeking to undertake a course of study that is, or courses of study that are together, of more than 10 months duration, condition 8534 may be imposed. 

                   (2)   If the applicant satisfies the secondary criteria as a member of the family unit of the primary applicant, condition 8534 may be imposed. 

575.616      (1)   If the applicant satisfies the secondary criteria:

                   (a)     in all cases:

                              (i)   conditions 8501 and 8516; and

                             (ii)   condition 8518 (except if the visa is granted to an applicant who has turned 18); and

                  (b)     if the applicant is a citizen of Iran, condition 8204; and

                   (c)     subject to subclause (2), condition 8201 must be imposed if the applicant has turned 18; and

                  (d)     any 1 or more of conditions 8303, 8522 and 8535 may be imposed. 

                   (2)   Condition 8201 is not imposed on a student visa granted to an applicant who has turned 18 if, at the time of the application:

                   (a)     the applicant was the holder of a Subclass 560 visa
as a person who satisfied the secondary criteria in Subdivisions 560.31 and 560.32; or

                  (b)     the applicant was the holder of a Subclass 563 visa; or

                   (c)     the applicant was:

                              (i)   the holder of a Subclass 570, 571, 572, 573, 574, 575 or 576 visa as a person who satisfied the secondary criteria for the subclass; and

                             (ii)   immediately before being granted the Subclass 570, 571, 572, 573, 574, 575 or 576 visa, the holder of a Subclass 560 or 563 visa that was subject to condition 8101. 

575.617      If the applicant satisfies the secondary criteria, condition 8104.

575.7     Way of giving evidence

575.711      No evidence need be given.

575.712      If evidence is given, to be given by a label affixed to a valid passport.

Subclass 576             AusAID or Defence Sector

576.1     Interpretation

576.111      In this Part:

course of study means a full‑time course of study or training under a scholarship scheme or training program approved by the AusAID Minister or the Defence Minister.

travel costs has the same meaning as in Schedule 5A.

Note   foreign country is defined in paragraph 22 (1) (f) of the
Acts Interpretation Act 1901 as any country (whether or not an independent sovereign state) outside Australia and the external Territories.

576.2     Primary criteria

Note   The primary criteria must be satisfied by at least one member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria.

576.21       Criteria to be satisfied at time of application

576.211      (1)   If the application is made in Australia, the applicant meets the requirements of subclause (2), (3), or (4).

                   (2)   An applicant meets the requirements of this subclause if the applicant is:

                   (a)     the holder of a visa of one of the following classes:

                              (i)   Border (Temporary) (Class TA);

                             (ii)   Business (Temporary) (Class TB);

                            (iii)   Cultural/Social (Temporary) (Class TE);

                            (iv)   Educational (Temporary) (Class TH);

                             (v)   Electronic Travel Authority (Class UD);

                            (vi)   Expatriate (Temporary) (Class TJ);

                           (vii)   Family Relationship (Temporary) (Class TL);

                          (viii)   Interdependency (Temporary) (Class TM);

                            (ix)   Long Stay (Visitor) (Class TN);

                          (ixa)   Maritime Crew (Temporary) (Class ZM);

                             (x)   Medical Practitioner (Temporary) (Class UE);

                            (xi)   Retirement (Temporary) (Class TQ);

                           (xii)   Short Stay (Visitor) (Class TR);

                          (xiii)   Student (Temporary) (Class TU);

                        (xiiia)   Superyacht Crew (Temporary) (Class UW);

                          (xiv)   Supported Dependant (Temporary) (Class TW);

                           (xv)   Temporary Business Entry (Class UC);

                         (xva)   Tourist (Class TR);

                         (xvb)   Visitor (Class TV);

                          (xvi)   Working Holiday (Temporary) (Class TZ); or

                  (b)     the holder, as the spouse, de facto partner or a dependent relative of a diplomatic or consular representative of a foreign country, of a Diplomatic (Temporary) (Class TF) visa; or

                   (c)     the holder of a special purpose visa; or

                  (d)     the holder of a visa of one of the following subclasses:

                              (i)   Subclass 303 (Emergency (Temporary Visa Applicant));

                             (ii)   Subclass 427 (Domestic Worker (Temporary) — Executive).

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

                   (a)     the applicant is not the holder of a substantive visa; and

                  (b)     the last substantive visa held by the applicant was:

                              (i)   a student visa; or

                             (ii)   a special purpose visa; or

                            (iii)   a Subclass 303 (Emergency (Temporary Visa Applicant)) visa; or

                            (iv)   a Diplomatic (Temporary) (Class TF) visa granted to the holder as the spouse, de facto partner or a dependent relative, of a diplomatic or consular representative of a foreign country; and

                   (c)     the application is made within 28 days (or within such period specified by Gazette Notice) after:

                              (i)   the day when that last substantive visa ceased to be in effect; or

                             (ii)   if that last substantive visa was cancelled, and the Migration Review Tribunal has made a decision to set aside and substitute the cancellation decision
or the Minister’s decision not to revoke the cancellation — the later of:

                                   (A)   the day when that last substantive visa ceased to be in effect; and

                                    (B)   the day when the applicant is taken, under sections 368C, 368D and 379C of the Act, to have been notified of the Tribunal’s decision; and

                  (d)     the applicant satisfies Schedule 3 criterion 3005.

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

                   (a)     the applicant is the holder of a Subclass 560, 562 or 576 visa that is subject to condition 8101; and

                  (b)     the application was made on form 157P or 157P (Internet); and

                   (c)     the applicant gives to the Minister evidence that the applicant has commenced a course of study or training for which the visa held was granted; and

                  (d)     the applicant has the support of the AusAID Minister or the Defence Minister for the grant of the visa. 

576.22       Criteria to be satisfied at time of decision

576.221      (1)   Unless, at the time of application, the applicant met the requirements of subclause 576.211 (4), the applicant satisfies the criteria in clauses 576.222 to 576.232.

                   (2)   If, at the time of application, the applicant met the requirements of subclause 576.211 (4):

                   (a)     the applicant continues to meet the requirements of paragraph 576.211 (4) (a); and

                  (b)     either:

                              (i)   both of the following:

                                   (A)   the Minister has no reason to believe that the applicant is not a genuine student;

                                    (B)   if the applicant had turned 18 at the time
of application, the applicant satisfies paragraph 576.223 (ba); or

                             (ii)   the applicant satisfies the criteria in clauses 576.222 to 576.232.

576.222      (1)   The Minister is satisfied that the applicant is a genuine applicant for entry and stay as a student because:

                   (a)     the Minister is satisfied that the applicant intends genuinely to stay in Australia temporarily, having regard to:

                              (i)   the applicant’s circumstances; and

                             (ii)   the applicant’s immigration history; and

                            (iii)   if the applicant is a minor — the intentions of a parent, legal guardian or spouse of the applicant; and

                            (iv)   any other relevant matter; and

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

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

                   (a)     the applicant gives to the Minister evidence, in accordance with the requirements mentioned in Schedule 5A for Subclass 576 and the assessment level to which the applicant is subject, in relation to:

                              (i)   the applicant’s English language proficiency for the purposes of each course of study that the applicant proposes to undertake; and

                             (ii)   the financial capacity of the applicant to undertake each of those courses of study without contravening any condition of the visa relating to work; and

                            (iii)   other requirements under Schedule 5A; and

                  (b)     the Minister is satisfied that the applicant is a genuine applicant for entry and stay as a student, having regard to:

                              (i)   the stated intention of the applicant to comply with any conditions subject to which the visa is granted; and

                             (ii)   any other relevant matter; and

                   (c)     the Minister is satisfied that, while the applicant holds the visa, the applicant will have access to the funds demonstrated or declared in accordance with the requirements in Schedule 5A relating to the applicant’s financial capacity.

576.223      The applicant:

                   (a)     satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4013, 4014 and 4020; and

                  (b)     if the applicant seeks to stay in Australia for 12 months or more, satisfies public interest criterion 4010; and

                 (ba)     if the applicant had turned 18 at the time of application, satisfies public interest criterion 4019; and

                   (c)     if the applicant is applying outside Australia and the applicant has previously been in Australia, satisfies special return criteria 5001, 5002 and 5010. 

576.224      The applicant gives to the Minister evidence of adequate arrangements in Australia for health insurance during the period of the applicant’s intended stay in Australia.

576.226      If the application was made in Australia and, at the time of application, the applicant was in Australia as the spouse, de facto partner or dependent relative of a diplomatic or consular representative of a country other than Australia:

                   (a)     that representative has completed, or is about to complete, an official posting in Australia; and

                  (b)     the Foreign Minister recommends the grant of the visa.

576.227      If:

                   (a)     the application was made in Australia; and

                  (b)     either:

                              (i)   the applicant is the holder of a student visa that is subject to condition 8535; or

                             (ii)   the last substantive visa held by the applicant was a student visa that was subject to condition 8535; and

                   (c)     the applicant is, or was, provided financial support by the Commonwealth or the government of a foreign country in relation to the student visa;

                   the applicant gives to the Minister evidence, in writing, that the Commonwealth or the government of the foreign country, as the case requires, does not oppose the applicant undertaking a course of study. 

576.228      The applicant holds a passport of a kind specified in a Gazette Notice made under regulation 1.40.

576.229      The applicant has the support of the AusAID Minister or the Defence Minister for the grant of the visa. 

576.230      If the applicant is subject to assessment level 2, the Minister is satisfied that the regular income of any individual (including the applicant) providing funds to the applicant was sufficient to accumulate the level of funding being provided by that individual.

576.231      If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

576.232      (1)   If the applicant is subject to assessment level 5, the aggregate of the period, or periods, of ELICOS that the applicant is seeking to undertake, together with the period, or periods, of any previous ELICOS undertaken as the holder of a Subclass 570, 572, 573, 574, 575 or 576 visa, or any subsequent bridging visa, does not exceed 40 weeks.

                   (2)   If the applicant is subject to assessment level 5, the aggregate of the period, or periods, of ELICOS that the applicant is seeking to undertake, together with the period, or periods, of any previous ELICOS undertaken as the holder of a Subclass 571 visa, or any subsequent bridging visa, does not exceed 50 weeks.

576.233      If the application was made in Australia, the applicant has complied substantially with the conditions that apply or applied to the last of any substantive visas held by the applicant, and to any subsequent bridging visa.

576.3     Secondary criteria

Note   Requirements to be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria.

576.31       Criteria to be satisfied at time of application

576.311      If the application is made outside Australia, the applicant is a member of the family unit of:

                   (a)     a person who is the holder of a Subclass 560 or 562 visa; or

                  (b)     a person who satisfies, or has satisfied, the primary criteria in Subdivision 576.21.

576.312      (1)   If the application is made in Australia, the applicant meets the requirements of subclause (2), (3), (4) or (5).

                   (2)   An applicant meets the requirements of this subclause if the applicant is the holder of:

                   (a)     a visa of one of the following classes:

                              (i)   Border (Temporary) (Class TA);

                             (ii)   Business (Temporary) (Class TB);

                            (iii)   Cultural/Social (Temporary) (Class TE);

                            (iv)   Educational (Temporary) (Class TH);

                             (v)   Electronic Travel Authority (Class UD);

                            (vi)   Expatriate (Temporary) (Class TJ);

                           (vii)   Family Relationship (Temporary) (Class TL);

                          (viii)   Interdependency (Temporary) (Class TM);

                            (ix)   Long Stay (Visitor) (Class TN);

                          (ixa)   Maritime Crew (Temporary) (Class ZM);

                             (x)   Medical Practitioner (Temporary) (Class UE);

                            (xi)   Retirement (Temporary) (Class TQ);

                           (xii)   Short Stay (Visitor) (Class TR);

                          (xiii)   Student (Temporary) (Class TU);

                        (xiiia)   Superyacht Crew (Temporary) (Class UW);

                          (xiv)   Supported Dependant (Temporary) (Class TW);

                           (xv)   Temporary Business Entry (Class UC);

                         (xva)   Tourist (Class TR);

                         (xvb)   Visitor (Class TV);

                          (xvi)   Working Holiday (Temporary) (Class TZ); or

                  (b)     a Diplomatic (Temporary) (Class TF) visa granted to the holder as the spouse, de facto partner or a dependent relative, of a diplomatic or consular representative of a foreign country; or

                   (c)     a special purpose visa; or

                  (d)     a visa of one of the following subclasses:

                              (i)   Subclass 303 (Emergency (Temporary Visa Applicant));

                             (ii)   Subclass 427 (Domestic Worker (Temporary) — Executive).

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

                   (a)     the applicant does not hold a substantive visa; and

                  (b)     the applicant is a member of the family unit of a person who meets the requirements of subclause 576.211 (3); and

                   (c)     the applicant was a member of the family unit of the person at the time that person’s visa ceased to be in effect.

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

                   (a)     the applicant is the holder of a Subclass 560, 563 or 576 visa that is subject to condition 8101 or 8104; and

                  (b)     the application was made on form 157P or 157P (Internet); and

                   (c)     the applicant is a member of the family unit of a person who is the holder of a Subclass 560, 562 or 576 visa; and

                  (d)     the applicant gives to the Minister evidence that the holder of the Subclass 560, 562 or 576 visa mentioned in paragraph (c) has commenced a course of study. 

                   (5)   An applicant meets the requirements of this subclause if:

                   (a)     the applicant does not hold a substantive visa; and

                  (b)     the applicant is a member of the family unit of a person who holds a Subclass 560, 562 or 576 student visa, having satisfied the primary criteria for that visa.

576.314      If the applicant is not included in the application under subregulation 2.07AF (3), or the information under subregulation 2.07AF (4), as a member of the family unit of the primary applicant mentioned in those subregulations, the applicant gives to the Minister evidence that the applicant became such a member of the family unit after the decision to grant the Subclass 576 visa to the primary applicant was made. 

576.32       Criteria to be satisfied at time of decision

576.321      (1)   Unless, at the time of application, the applicant met the requirements of subclause 576.312 (4), the applicant satisfies the criteria in clauses 576.322 to 576.333. 

                   (2)   If, at the time of application, the applicant met the requirements of subclause 576.312 (4):

                   (a)     the applicant continues to meet the requirements of paragraphs 576.312 (4) (a) and (c); and

                  (b)     either:

                              (i)   both of the following:

                                   (A)   the Minister has no reason to believe that the applicant is not a genuine applicant for entry and stay as a member of the family unit of the primary person mentioned in clause 576.322;

                                    (B)   if the applicant had turned 18 at the time of application, the applicant satisfies paragraph 576.323 (b); or

                             (ii)   the applicant satisfies the criteria in clauses 576.322 to 576.333.

576.322      The applicant is a member of the family unit of a person (the primary person) who:

                   (a)     is the holder of a Subclass 560, 562 or 576 visa; and

                  (b)     had the support of the AusAID Minister or the Defence Minister for the grant of that visa. 

576.323      The applicant:

                   (a)     satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4013, 4014 and 4020; and

                  (b)     if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.

576.324      If the applicant seeks to stay in Australia for 12 months or more, the applicant satisfies public interest criterion 4010. 

576.325      If the application is made outside Australia and the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.

576.325A   The Minister is satisfied that the applicant intends genuinely to stay in Australia temporarily, having regard to:

                   (a)     the applicant’s circumstances; and

                  (b)     the applicant’s immigration history; and

                   (c)     if the applicant is a minor — the intentions of a parent, legal guardian or spouse of the applicant; and

                  (d)     any other relevant matter.

576.327      The applicant gives to the Minister evidence of adequate arrangements in Australia for health insurance during the period of the applicant’s intended stay in Australia.

576.328      If:

                   (a)     the applicant is a school‑age dependant of the primary person mentioned in clause 576.322; and

                  (b)     the period of stay proposed in the application is more than 3 months;

                   the applicant gives to the Minister evidence that adequate arrangements have been made for the education of the applicant in Australia.

576.329      If the application was made outside Australia and made separately from that of the primary person mentioned in clause 576.322, the primary person is, or is expected soon to be, in Australia. 

576.330      The Minister is satisfied that there are sufficient funds to meet the travel costs for the applicant:

                   (a)     if the applicant is not in Australia — to Australia, and from Australia; or

                  (b)     if the applicant is in Australia — from Australia.

576.331      If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

576.332      The applicant has the support of the AusAID Minister or the Defence Minister for the grant of the visa. 

576.333      (1)   If:

                   (a)     the applicant is a member of the family unit of a person (the primary person) who is the holder of a Subclass 576 visa, granted on or after 1 December 2003 on the basis of satisfying the primary criteria in Subdivision 576.21; and

                  (b)     the primary person was subject to assessment level 2 at the time of the decision to grant the visa; and

                   (c)     the applicant was not included in the application for a student visa made by the primary person;

                   the applicant must give evidence in accordance with Schedule 5B for assessment level 2.

                   (2)   If the applicant meets subclause (1), the Minister must also be satisfied that:

                   (a)     the regular income of any individual (including the applicant) providing funds to the applicant was sufficient to accumulate the level of funding being provided by that individual; and

                  (b)     while the applicant holds the visa, the applicant or the primary person will have access to the funds demonstrated or declared in accordance with the requirements in Schedule 5B.

576.334      If the application was made in Australia, the applicant has complied substantially with the conditions that apply or applied to the last of any substantive visas held by the applicant, and to any subsequent bridging visa.

576.335      The Minister is satisfied that:

                   (a)     the applicant is the holder of a valid passport that:

                              (i)   was issued to the applicant by an official source; and

                             (ii)   is in the form issued by the official source; or

                  (b)     it would be unreasonable to require the applicant to be the holder of a passport.

576.4     Circumstances applicable to grant

576.411      If the application is made outside Australia, the applicant must be outside Australia at the time of grant.

576.412      If the application is made in Australia, the applicant must be in Australia at the time of grant.

576.5     When visa is in effect

576.511      Temporary visa permitting the holder to travel to, enter and remain in Australia:

                   (a)     if the application is made on form 157P or 157P (Internet) — until the date on which the visa held by the applicant at the time of application would have ceased to be in effect; and

                  (b)     otherwise — until a date specified by the Minister.

576.6     Conditions

576.611      If the applicant satisfies the primary criteria:

                   (a)     in all cases, conditions 8105, 8202, 8501, 8516, 8517, 8533 and 8535; and

                   (c)     if the applicant is a citizen of Iran, condition 8203; and

                  (d)     subject to clause 576.612, 1 or both of conditions 8303 and 8523 may be imposed.

576.612      If, at the time of application, the applicant was the holder of a Subclass 560, 562, 570, 571, 572, 573, 574, 575 or 576 visa that was subject to condition 8523 and the applicant satisfies the primary criteria, condition 8523.

576.613      (1)   If the applicant satisfies the secondary criteria:

                   (a)     in all cases:

                              (i)   conditions 8501 and 8516; and

                             (ii)   condition 8518 (except if the visa is granted to an applicant who has turned 18); and

                  (b)     if the applicant is a citizen of Iran, condition 8204; and

                   (c)     subject to subclause (2), condition 8201 must be imposed if the applicant has turned 18; and

                  (d)     any 1 or more of conditions 8303, 8522, 8534 and 8535 may be imposed. 

                   (2)   Condition 8201 is not imposed on a student visa granted to an applicant who has turned 18 if, at the time of the application:

                   (a)     the applicant was the holder of a Subclass 560 visa as a person who satisfied the secondary criteria in Subdivisions 560.31 and 560.32; or

                  (b)     the applicant was the holder of a Subclass 563 visa; or

                   (c)     the applicant was:

                              (i)   the holder of a Subclass 570, 571, 572, 573, 574, 575 or 576 visa as a person who satisfied the secondary criteria for the subclass; and

                             (ii)   immediately before being granted the Subclass 570, 571, 572, 573, 574, 575 or 576 visa, the holder of a Subclass 560 (as a person who satisfied the secondary criteria for the subclass) or 563 visa that was subject to condition 8101. 

576.614      If the applicant satisfies the secondary criteria, condition 8104.

576.7     Way of giving evidence

576.711      No evidence need be given.

576.712      If evidence is given, to be given by a label affixed to a valid passport.

Subclass 580             Student Guardian

580.1     Interpretation

580.111      In this Part:

acceptable individual means one or more of the following:

                   (a)     the applicant;

                  (b)     the applicant’s spouse or de facto partner;

                   (c)     the nominating student;

                  (d)     the nominating student’s spouse or de facto partner;

                   (e)     a parent of the nominating student;

                   (f)     a grandparent of the nominating student;

                  (g)     a brother or sister of the nominating student;

                  (h)     an aunt or uncle of the nominating student, if the aunt or uncle is usually resident in Australia and is:

                              (i)   an Australian citizen; or

                             (ii)   an Australian permanent resident; or

                            (iii)   an eligible New Zealand citizen.

acceptable non‑profit organisation means an organisation that:

                   (a)     operates on a non‑profit basis; and

                  (b)     is actively and lawfully operating in Australia or overseas; and

                   (c)     has funds that are, or an income that is, sufficient to provide the financial support that it proposes to provide.

family applicant, for an applicant, means a member of the applicant’s family unit who is a visa applicant seeking to satisfy secondary criteria in relation to the applicant.

financial institution means a body corporate that, as part of its normal activities:

                   (a)     takes money on deposit and makes advances of money; and

                  (b)     does so under a regulatory regime, governed by the central bank (or its equivalent) of the country in which it operates, that the Minister is satisfied provides effective prudential assurance.

first 12 months, for an applicant, means the period that:

                   (a)     begins:

                              (i)   if the application is made outside Australia — on the day of the applicant’s expected arrival in Australia; or

                             (ii)   if the application is made in Australia — on the day that the visa is expected to be granted to the applicant; and

                  (b)     ends on the earlier of the following:

                              (i)   the day 12 months after the beginning of the period;

                             (ii)   the last day of the applicant’s proposed stay in Australia.

first 18 months, for an applicant, means the period that:

                   (a)     begins:

                              (i)   if the application is made outside Australia — on the day of the applicant’s expected arrival in Australia; or

                             (ii)   if the application is made in Australia — on the day that the visa is expected to be granted to the applicant; and

                  (b)     ends on the earlier of the following:

                              (i)   the day 18 months after the beginning of the period;

                             (ii)   the last day of the applicant’s proposed stay in Australia.

first 24 months, for an applicant, means the period that:

                   (a)     begins:

                              (i)   if the application is made outside Australia — on the day of the applicant’s expected arrival in Australia; or

                             (ii)   if the application is made in Australia — on the day that the visa is expected to be granted to the applicant; and

                  (b)     ends on the earlier of the following:

                              (i)   the day 24 months after the beginning of the period;

                             (ii)   the last day of the applicant’s proposed stay in Australia.

full period, for an applicant, means the period that:

                   (a)     begins:

                              (i)   if the application is made outside Australia — on the day of the applicant’s expected arrival in Australia; or

                             (ii)   if the application is made in Australia — on the day that the visa is expected to be granted to the applicant; and

                  (b)     ends on the last day of the applicant’s proposed stay in Australia.

living costs, for an applicant for a visa, means an amount worked out as follows:

                   (a)     for the applicant — an amount specified by the
Minister in an instrument in writing for this paragraph (the basic rate); and

                  (b)     if the applicant has a dependent child who is a family applicant — 20% of the basic rate; and

                   (c)     if the applicant has any further dependent children who are family applicants — 15% of the basic rate for each such child.

money deposit means a money deposit with a financial institution.

nominating student, for an applicant, means a person who:

                   (a)     nominates the applicant on form 157N; and

                  (b)     at the time of decision for the applicant, holds a student visa that was granted on the basis that the person met the primary criteria for the grant of the student visa; and

                   (c)     if, at the time of decision for an applicant, there is more than 1 person who meets the requirements of paragraphs (a) and (b) — is the person mentioned in a written communication given to the Minister by the applicant in accordance with Division 2.3.

scholarship means a scholarship that:

                   (a)     is awarded to a student by his or her education provider or proposed education provider; and

                  (b)     is awarded on the basis of merit and an open selection process; and

                   (c)     is awarded to a student who is enrolled in a course leading to a Certificate IV qualification or a higher qualification; and

                  (d)     is awarded to the greater of:

                              (i)   not more than 10% of overseas students in a course intake; and

                             (ii)   not more than 3 overseas students in a course intake.

travel costs, for an applicant, means the sum of costs for each of the applicant and any family applicant:

                   (a)     if the applicant or family applicant is not in Australia when the application is made — of travelling to Australia; and

                  (b)     of returning to the applicant’s home country at the end of his or her stay.

580.112      In subclause 580.226 (3):

funds from an acceptable source means one or more of the following:

                   (a)     a money deposit that an acceptable individual has held for at least the 3 months immediately before the date of the application;

                  (b)     a loan from a financial institution made to, and held in the name of, an acceptable individual;

                   (c)     a loan from the government of the home country of the applicant or of the nominating student;

                  (d)     a scholarship awarded to the nominating student by his or her education provider or proposed education provider;

                   (e)     financial support from:

                              (i)   the Commonwealth Government, or the government of a State or Territory; or

                             (ii)   the government of a foreign country; or

                            (iii)   unless the nominating student holds a Subclass 570 (Independent ELICOS Sector) visa — a corporation that:

                                   (A)   conducts commercial activities outside the country in which it is based; and

                                    (B)   employs the nominating student in a role in relation to which the nominating student’s principal course is directly relevant; or

                            (iv)               a multilateral agency; or

                             (v)   a provincial or state government in a foreign country, provided with the written support of the government of that country; or

                            (vi)   an organisation specified by the Minister in an instrument in writing for this subparagraph; or

                           (vii)   an acceptable non‑profit organisation.

580.113      In subclause 580.226 (4):

funds from an acceptable source means one or more of the following:

                   (a)     a money deposit that the applicant or an individual who is providing support to the applicant has held for at least the 3 months immediately before the date of the application;

                  (b)     a loan from a financial institution made to, and held in the name of, the applicant or of an individual who is providing support to the applicant;

                   (c)     a loan from the government of the home country of the applicant or of the nominating student;

                  (d)     a scholarship awarded to the nominating student by his or her education provider or proposed education provider;

                   (e)     financial support from:

                              (i)   the Commonwealth Government, or the government of a State or Territory; or

                             (ii)   the government of a foreign country; or

                            (iii)   a corporation that:

                                   (A)   conducts commercial activities outside the country in which it is based; and

                                    (B)   employs the nominating student in a role in relation to which the nominating student’s principal course is directly relevant; or

                            (iv)               a multilateral agency; or

                             (v)   a provincial or state government in a foreign country, provided with the written support of the government of that country; or

                            (vi)   an organisation specified by the Minister in an instrument in writing for this subparagraph; or

                           (vii)   an acceptable non‑profit organisation.

580.114      In subclauses 580.226 (5) and (6):

                   funds from an acceptable source does not include the value of an item of property.

Note   Assessment level, AusAID Minister, AusAID recipient, AusAID student, Australian permanent resident, custody, Defence Minister, education provider, eligible New Zealand citizen, home country and relative are defined in regulation 1.03. Member of the family unit is defined in regulation 1.12.

580.2     Primary criteria

Note   The primary criteria must be satisfied by at least one member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria.

580.21       Criteria to be satisfied at time of application

580.211      (1)   If the application is made in Australia, the applicant meets the requirements of subclause (2) or (3).

                   (2)   An applicant meets the requirements of this subclause if the applicant is:

                   (a)     the holder of a visa of one of the following classes:

                              (i)   Border (Temporary) (Class TA);

                             (ii)   Business (Temporary) (Class TB);

                            (iii)   Cultural/Social (Temporary) (Class TE);

                            (iv)   Educational (Temporary) (Class TH);

                             (v)   Electronic Travel Authority (Class UD);

                            (vi)   Expatriate (Temporary) (Class TJ);

                           (vii)   Family Relationship (Temporary) (Class TL);

                          (viii)   Interdependency (Temporary) (Class TM);

                            (ix)   Long Stay (Visitor) (Class TN);

                          (ixa)   Maritime Crew (Temporary) (Class ZM);

                             (x)   Medical Practitioner (Temporary) (Class UE);

                            (xi)   Retirement (Temporary) (Class TQ);

                           (xii)   Short Stay (Visitor) (Class TR);

                          (xiii)   Student (Temporary) (Class TU);

                        (xiiia)   Superyacht Crew (Temporary) (Class UW);

                          (xiv)   Supported Dependant (Temporary) (Class TW);

                           (xv)   Temporary Business Entry (Class UC);

                         (xva)   Tourist (Class TR);

                         (xvb)   Visitor (Class TV);

                          (xvi)   Working Holiday (Temporary) (Class TZ); or

                  (b)     the holder of a Diplomatic (Temporary) (Class TF) visa granted to the holder as the spouse, de facto partner or a dependent relative, of a diplomatic or consular representative of a foreign country; or

                   (c)     the holder of a special purpose visa; or

                  (d)     the holder of a visa of one of the following subclasses:

                              (i)   Subclass 303 (Emergency (Temporary Visa Applicant));

                             (ii)   Subclass 427 (Domestic Worker (Temporary) — Executive);

                            (iii)   Subclass 497 (Graduate — Skilled).

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

                   (a)     the applicant is not the holder of a substantive visa; and

                  (b)     the last substantive visa held by the applicant was:

                              (i)   a Subclass 580 (Student Guardian) visa; or

                             (ii)   a special purpose visa; or

                            (iii)   a Subclass 303 (Emergency (Temporary Visa Applicant)) visa; or

                            (iv)   a Diplomatic (Temporary) (Class TF) visa granted to the holder as the spouse, de facto partner or a dependent relative, of a diplomatic or consular representative of a foreign country; and

                   (c)     the application is made within 28 days (or within such period specified by Gazette Notice) after:

                              (i)   the day when that last substantive visa ceased to be in effect; or

                             (ii)   if that last substantive visa was cancelled, and the Migration Review Tribunal has made a decision
to set aside and substitute the cancellation decision — the later of:

                                   (A)   the day when that last substantive visa ceased to be in effect; and

                                    (B)   the day when the applicant is taken, under sections 368C, 368D and 379C of the Act, to have been notified of the Tribunal’s decision; and

                  (d)     the applicant satisfies Schedule 3 criterion 3005.

580.22       Criteria to be satisfied at time of decision

580.222      (1)   The applicant meets the requirements of subclause (2), (3) or (4).

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

                   (a)     the nominating student has not turned 18; and

                  (b)     the applicant is able to:

                              (i)   provide appropriate accommodation and support for the nominating student; and

                             (ii)   provide for the general welfare of the nominating student; and

                   (c)     the applicant is either:

                              (i)   a parent of the nominating student or a person who has custody of the nominating student; or

                             (ii)   a person who:

                                   (A)   is a relative of the nominating student; and

                                    (B)   has turned 21; and

                  (d)     if subparagraph (c) (ii) applies — the nomination of the applicant is supported in writing by:

                              (i)   a parent of the nominating student; or

                             (ii)   a person who has custody of the nominating student.

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

                   (a)     the nominating student has turned 18; and

                  (b)     the Minister is satisfied that there are exceptional reasons why the nominating student needs the applicant to reside with the nominating student in Australia; and

                   (c)     the applicant is able to:

                              (i)   provide appropriate accommodation and support for the nominating student; and

                             (ii)   provide for the general welfare of the nominating student; and

                  (d)     the applicant is a person who:

                              (i)   is a relative of the nominating student; and

                             (ii)   has turned 21.

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

                   (a)     the Minister is satisfied that the grant of the visa to the applicant will significantly benefit the relationship between the government of Australia and the government of a foreign country; and

                  (b)     the applicant has turned 21; and

                   (c)     if the nominating student has not turned 18 — the nomination of the applicant is supported in writing by:

                              (i)   a parent of the nominating student; or

                             (ii)   a person who has custody of the nominating student.

580.223      (1)   The applicant meets the requirements of subclauses (2), (3) and (4).

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

                   (a)     the Minister is satisfied that the applicant has a genuine intention to reside in Australia with the nominating student; and

                  (b)     the Minister is satisfied that the nominating student has a genuine intention to reside in Australia with the applicant; and

                   (c)     the Minister is satisfied that, unless the applicant
meets the requirements of subclause 580.222 (4), the nominating student does not intend to reside in Australia with:

                              (i)   a holder of a Subclass 580 visa other than the applicant; or

                             (ii)   a parent of the nominating student, or a person who has custody of the nominating student, other than the applicant; and

Note   If the applicant meets the requirements of subclause 580.222 (4), the nominating student may intend to reside with 1 or more holders of a Subclass 580 visa in addition to the applicant.

                  (d)     unless:

                              (i)   the applicant satisfies subclause 580.222 (4); or

                             (ii)   the Minister has, under subclause (2A), waived the requirement in this paragraph;

                            each member of the family unit of the applicant has turned 6; and

                   (e)     the Minister is satisfied that the applicant has made appropriate arrangements, for the period of the applicant’s proposed stay in Australia, for the accommodation, support and general welfare of each member of the applicant’s family unit:

                              (i)   who has not turned 18; and

                             (ii)   who does not hold a student visa.

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