Migration Regulations 1994 No. 2681
Contents

Migration Regulations 1994 No. 268	54
Part 1-Preliminary
Division 1.1-Introductory
	1.01	Citation	54
	1.02	Commencement	54
Division 1.2-Interpretation
	1.03	Interpretation	54
	1.04	Adoption	63
	1.05	Balance of family test	64
	1.06	References to classes of visas	64
	1.07	References to subclasses of visas	65
	1.08	Compelling need to work	65
	1.09	Criminal detention	65
	1.10	Labour market requirements	65
	1.11	Main business	66
	1.12	Member of the family unit	66
	1.13	Nominator	66
	1.14	Orphan relative	67
	1.15	Remaining relative	67
Division 1.3-Administration
	1.16	Delegation	68
	1.17	Specification of matters by Gazette Notice	68
	1.18	Approved forms	68
	1.19	Occupations Requiring English List	68
Division 1.4-Sponsorship
	1.20	Sponsorship	68
PART 2-VISAS
Division 2.1-Classes, criteria, conditions etc.
	2.01	Classes of visas (Act, s. 31)	69
	2.02	Subclasses	69
	2.03	Criteria applicable to classes of visas	69
	2.04	Circumstances in which a visa may be granted (Act, s. 40)	70
	2.05	Conditions applicable to visas	70
	2.06	Non-citizens who do not require visas to travel to Australia	71
Division 2.2-Applications
	2.07	Application for visa-general	71
	2.08	Application by newborn child	71
	2.09	Application taken to have been validly made (Act, s. 46 (2))	72
	2.10	Where application must be made	72
	2.11	Special provision for certain applications refused outside Australia	72
	2.12	Certain non-citizens whose applications refused in Australia (Act, s. 48)	73
Division 2.3-Communication between applicant and Minister
	2.13	Communication with Minister	74
	2.14	Where written communication must be sent	74
	2.15	Response to invitation to give information or comments-prescribed periods	75
	2.16	Notification of decision on visa application	76
Division 2.4-Evidence Of Visas
	2.17	Ways of giving evidence of a visa	76
	2.18	Re-evidencing of resident return visas	77
	2.19	Evidence of visa need not be given in certain cases	78
Division 2.5-Bridging Visas
	2.20	Eligible non-citizen (Act, s. 72)	78
	2.21	Most beneficial bridging visas (Act, s. 68 (4) (b) (ii))	79
	2.22	Invalid application for substantive visa	79
	2.23	Further application for bridging visa (Act, s. 74)	80
	2.24	Eligible non-citizen in immigration detention (Act, s. 75)	80
	2.25	Grant of bridging visa E without application	80
Division 2.6-Prescribed qualifications-application of points system
	2.26	Prescribed qualifications and prescribed number of points	80
	.27	Qualification-eligibility of spouse	83
	2.28	Notice of putting application aside	83
	2.29	Interpretation-Schedule 7	83
Division 2.7-Assurances of support
Subdivision 2.7.1-Assurances of support given in relation to applications lodged before 20 December 1991
	2.30	Interpretation	84
	2.31	Form of certain assurances of support	84
	2.32	Duration of assurances of support	84
	2.33	Effect of assurance of support	85
	2.34	Earlier liabilities not affected	85
Subdivision 2.7.2-Assurances of support given in relation to applications lodged after 19 December 1991
	2.35	Interpretation	85
	2.36	Form and duration of assurance of support	85
	2.37	Persons in respect of whom assurance of support may be given	86
	2.38	Liability of person giving assurance of support	86
	2.39	Bond (required assurances)	86
Division 2.8-Special purpose visas
	2.40	Persons having a prescribed status-special purpose visas (Act, s. 33 (2) (a))	87
Division 2.9-Visa cancellation
Subdivision 2.9.1-Cancellation under Subdivision C of Division 3 of Part 2 of the Act
	2.41	Whether to cancel visa-incorrect information or bogus document (Act, s. 109(1) (c))	89
	2.42	Notice of decision to cancel visa under s. 109	90
Subdivision 2.9.2-Cancellation generally
	2.43	Grounds for cancellation of visa (Act, s. 116)	90
	2.44	Invitation to comment-response	90
	2.45	Notification of decision (Act, s. 127)	91
	2.46	Time to respond to notice of cancellation (Act, s. 129 (1) (c))	91
	2.47	Notice of cancellation (Act, s. 129)	91
	2.48	Revocation of cancellation (Act, s. 131 (2))	91
	2.49	Notice of decision whether to revoke cancellation (Act, s. 132)	91
PART 3-IMMIGRATION CLEARANCE AND COLLECTION OF INFORMATION
Division 3.1-Information to be given by arriving persons
	3.01	Provision of information (general requirement)	92
	3.02	Passenger card	93
	3.03	Evidence of identity of arriving person etc. (Act, s. 166)	93
	3.04	Place and time for giving evidence (Act, s. 167)	94
	3.05	Allowed inhabitants of the Protected Zone (Act, s. 168 (2))	94
	3.06	Persons not required to comply with s. 166 of the Act (Act, s. 168 (3))	95
	3.07	Persons taken not to leave Australia (Act, s. 80 (c))	95
	3.08	Offence-failure to complete a passenger card	95
	3.09	Evidence of identity-domestic travel on overseas vessels	95
	3.10	Use of information	96
	3.11	Production of deportee or removee	97
	3.12	Offences by master of vessel	97
Division 3.2-Information about passengers and crew on overseas vessels
	3.13	Interpretation:	97
	3.14	Information about overseas passengers-inbound civilian vessel	97
	3.15	Medical certificate	98
	3.16	Information about overseas passengers-outbound civilian vessel	99
	3.17	Information about crew	99
PART 4-REVIEW OF DECISIONS;
Division 4.1-Review of decisions other than decisions relating to refugee status
	4.01. 	Interpretation	100
	4.02	Application for internal review	100
	4.03	Combined applications for internal review	101
	4.04	Internal review-prescribed fee and waiver	101
	4.05	Refund of fee for internal review	101
	4.06	Review officer's power to give directions	102
	4.07	Notification of decision of review officer	102
	4.08	Response to invitation to give information or comments on internal review of decision-prescribed periods	103
	4.09	IRT-reviewable decisions	104
	4.10	Time for lodgement of application for review by the Tribunal	104
	4.11	Giving the application to the Tribunal	105
	4.12	Combined applications for review by the Tribunal	106
	4.13	Review by the Tribunal-prescribed fee and waiver	107
	4.14	Refund of fee for review by Tribunal	108
	4.15	Tribunal's power to give directions	108
	4.16	Statement about decision under review	109
	4.17	Time limits etc. in relation to other evidence-bridging visa decisions	109
	4.18	Time limits etc. in relation to other evidence-decisions other than bridging visa  decisions	109
	4.19	Summons to attend before Tribunal	109
	4.20	Fees for persons giving evidence	110
	4.21	Number of Senior Members and of members of the Tribunal (Act, s. 394)	110
	4.22	Prescribed allowances-section 398 of the Act	110
	4.23	Expedited review (close family visit visas)	110
	4.24	Expedited review (decision to cancel visa)	111
	4.25	Expedited review (certain applicants in immigration detention)	111
	4.26	Prescribed period for making certain decisions (Act, s. 367)	111
	4.27	Delegation by Secretary	111
Division 4.2-Refugee Review Tribunal and decisions relating to protection visas
Subdivision 4.2.1-Introductory
	4.28	Interpretation	112
Subdivision 4.2.2-Tribunal members
	4.29	Membership	112
	4.30	Remuneration and allowances	112
Subdivision 4.2.3-General
	4.31	Applications	112
	4.32	Notice of lodgment of application-person in immigration detention	113
	4.33	Powers of Tribunal	113
	4.34	Statement about decision under review-number of copies	113
	4.35	Time limit for providing evidence	113
	4.36	Duties, powers and functions of officers of Tribunal	114
	4.37	Fees and allowances for persons giving evidence	114
Division 4.3-Service of documents
	4.38	Interpretation	114
	4.39	Address for service	114
	4.40	Notice of decision of Tribunal	115
	4.41	Service of documents	115
PART 5-MISCELLANEOUS
Division 5.1-Service of documents
	5.01	Interpretation	116
	5.02	Service on a person in immigration detention	116
	5.03	Time of receipt of notice etc. that is sent	116
Division 5.2-Procedure of commissioners and prescribed authorities
	5.04	Power of Commissioner to send for witnesses and documents	117
	5.05	Duty of witness to continue in attendance	117
	5.06	Arrest of witness failing to appear	117
	5.07	Witnesses' fees	117
	5.08	Power to examine on oath or affirmation	118
	5.09	Offences by witnesses	118
	5.10	Statements of person not admissible in evidence against the person	118
	5.11	Representation by counsel etc.	118
	5.12	Offences in relation to Commissioners	118
	5.13	Protection of Commissioners, barristers and witnesses	119
	5.14	Procedure of prescribed authorities	119
Division 5.3-General
	5.15	Behaviour concern non-citizen	119
	5.16	Prescribed diseases-health concern non-citizen (Act, s. 5 (1))	119
	5.17	Prescribed evidence of English language proficiency (Act, s. 5 (2) (b))	120
	5.18	Prescribed laws relating to control of fishing (Act, s. 262 (b))	120
	5.19	Approved appointments (employer nomination)	121
Division 5.4-Prescribed penalties
	5.20	Prescribed penalties (Act, ss. 137, 229 and 230)	122
Division 5.5-Infringement notices
	5.21	Interpretation	122
	5.22	When can an infringement notice be served?	122
	5.23	What must an infringement notice contain?	122
	5.24	Can the time for payment be extended?	123
	5.25	What happens if the prescribed penalty is paid?	123
	5.26	Can an infringement notice be withdrawn?	123
	5.27	Refund of prescribed penalty if notice withdrawn	124
	5.28	Evidence	124
	5.29	Can there be more than one infringement notice for the same offence?	124
	5.30	What if payment is made by cheque?	124
	5.31	Infringement notice not compulsory	124
Division 5.6-Miscellaneous
	5.32	Search warrants (Act, ss. 223 (14) and 251 (4))	125
	5.33	Document for purposes of s.274 (3) (a) of Act	125
	5.34	Offences	125
	5.35	Medical treatment of persons in detention under the Act	125
Division 5.7-Fees
	5.36	Payment of fees in foreign currencies	126
	5.37	Employer nomination fee	126
	5.38	Sponsorship fee	126
	5.39	Refund of fees	127
	5.40	Fee for assessment of a person's work qualifications and experience	127
Schedule 1	Regulations 2.02 and 2.05		128
CLASSES OF VISAS		128
Part 1-Permanent Visas
PART 2-TEMPORARY VISAS (OTHER THAN BRIDGING VISAS)
Part 3-Bridging Visas
SCHEDULE 2		151
	010.1	INTERPRETATION	151
	010.2	PRIMARY CRITERIA	151
	010.21	Criteria to be satisfied at the time of application	151
	010.22	Criteria to be satisfied at the time of decision	152
	010.3	SECONDARY CRITERIA: Nil.	152
	010.4	CIRCUMSTANCES APPLICABLE TO GRANT	152
	010.5 WHEN VISA IS IN EFFECT	152
	010.6	CONDITIONS	153
	010.7	WAY OF GIVING EVIDENCE	153
	SUBCLASS 020-BRIDGING VISA B	153
	INTERPRETATION	153
	020.2	PRIMARY CRITERIA	153
	020.22	Criteria to be satisfied at the time of decision	154
	020.3	SECONDARY CRITERIA: Nil.	154
	020.4	CIRCUMSTANCES APPLICABLE TO GRANT	154
	020.5	WHEN VISA IS IN EFFECT	154
	020.6	CONDITIONS	155
	020.7	WAY OF GIVING EVIDENCE	155
SUBCLASS 030-BRIDGING VISA C
	030.1 INTERPRETATION	155
	030.2 PRIMARY CRITERIA	155
	030.22	Criteria to be satisfied at the time of decision	156
	030.3	SECONDARY CRITERIA: Nil.	156
	030.4	CIRCUMSTANCES APPLICABLE TO GRANT	156
	030.5	WHEN VISA IS IN EFFECT	156
	030.6	CONDITIONS	157
	030.7	WAY OF GIVING EVIDENCE	157
SUBCLASS 040-BRIDGING VISA (PROSPECTIVE APPLICANT)
	040.1 INTERPRETATION	157
	040.2	PRIMARY CRITERIA	157
	040.22	Criteria to be satisfied at time of decision	158
	040.3	SECONDARY CRITERIA: Nil.	158
	040.4	CIRCUMSTANCES APPLICABLE TO GRANT	158
	040.51	WHEN VISA IS IN EFFECT	158
	040.6	CONDITIONS	158
	040.7	WAY OF GIVING EVIDENCE	158
SUBCLASS 041-BRIDGING VISA (NON-APPLICANT)
	041.1	INTERPRETATION	158
	041.2	PRIMARY CRITERIA	159
	041.21	Criteria to be satisfied at time of application	159
	041.22	Criteria to be satisfied at time of decision	159
	041.3	SECONDARY CRITERIA: Nil.	159
	041.4	CIRCUMSTANCES APPLICABLE TO GRANT	159
	041.51	WHEN VISA IS IN EFFECT	159
	041.6	CONDITIONS	159
	041.7	WAY OF GIVING EVIDENCE	159
SUBCLASS 042-BRIDGING VISA (PROSPECTIVE PROTECTION VISA APPLICANT)
	042.1	INTERPRETATION	159
	042.2 PRIMARY CRITERIA	159
	042.21	Criteria to be satisfied at time of application	159
	042.22	Criteria to be satisfied at time of decision	160
	042.3	SECONDARY CRITERIA: Nil.	160
	042.4	CIRCUMSTANCES APPLICABLE TO GRANT	160
	042.51	WHEN VISA IS IN EFFECT	160
	042.6	CONDITIONS	160
	042.7 WAY OF GIVING EVIDENCE	160
SUBCLASS 050-BRIDGING VISA E
	050.1	INTERPRETATION	160
	050.2	PRIMARY CRITERIA	160
	050.21	Criteria to be satisfied at time of application	160
	050.22	Criteria to be met at the time of decision	162
	050.3	SECONDARY CRITERIA: Nil.	162
	050.4	CIRCUMSTANCES APPLICABLE TO GRANT	162
	050.5	WHEN VISA IS IN EFFECT	162
	050.6	CONDITIONS	164
	050.7	WAY OF GIVING EVIDENCE	164
SUBCLASS 100-SPOUSE
	100.1	INTERPRETATION	164
	100.2	PRIMARY CRITERIA	165
	100.21	Criteria to be satisfied at time of application	165
	100.22	Criteria to be satisfied at time of decision	166
	100.3	SECONDARY CRITERIA	166
	100.31	Criteria to be satisfied at time of application	166
	100.32	Criteria to be satisfied at time of decision	167
	100.4	CIRCUMSTANCES APPLICABLE TO GRANT	167
	100.5	WHEN VISA IS IN EFFECT	167
	100.6	CONDITIONS	167
	100.7	WAY OF GIVING EVIDENCE	167
SUBCLASS 101-CHILD
	101.1	INTERPRETATION	167
	101.2	PRIMARY CRITERIA	168
	101.21	Criteria to be satisfied at time of application	168
	101.22	Criteria to be satisfied at time of decision	168
	101.3	SECONDARY CRITERIA	169
	101.32	Criteria to be satisfied at time of decision	169
	101.4	CIRCUMSTANCES APPLICABLE TO GRANT	170
	101.5	WHEN VISA IS IN EFFECT	170
	101.6	CONDITIONS	170
	101.7	WAY OF GIVING EVIDENCE	170
SUBCLASS 102-ADOPTION
	102.1	INTERPRETATION	170
	102.2	PRIMARY CRITERIA	170
	102.21	Criteria to be satisfied at time of application	170
	102.22	Criteria to be satisfied at time of decision	171
	102.3 SECONDARY CRITERIA	172
	102.31	Criteria to be satisfied at time of application	172
	102.32	Criteria to be satisfied at time of decision	172
	102.4	CIRCUMSTANCES APPLICABLE TO GRANT	173
	102.5	WHEN VISA IS IN EFFECT	173
	102.6	CONDITIONS	173
	102.7	WAY OF GIVING EVIDENCE	173
SUBCLASS 103-PARENT
	103.1	INTERPRETATION	173
	103.2	PRIMARY CRITERIA	173
	103.21	Criteria to be satisfied at time of application	173
	103.22	Criteria to be satisfied at time of decision	174
	103.3	SECONDARY CRITERIA	175
	103.31	Criteria to be satisfied at time of application	175
	103.32	Criteria to be satisfied at time of decision	175
	103.4	CIRCUMSTANCES APPLICABLE TO GRANT	176
	103.5	WHEN VISA IS IN EFFECT	176
	103.6	CONDITIONS	176
	103.7	WAY OF GIVING EVIDENCE	176
SUBCLASS 104-PREFERENTIAL FAMILY
	104.1	INTERPRETATION	176
	104.2	PRIMARY CRITERIA	176
	104.21	Criteria to be satisfied at time of application	176
	104.22	Criteria to be satisfied at time of decision	177
	104.3	SECONDARY CRITERIA	178
	104.31	Criteria to be satisfied at time of application	178
	104.32	Criteria to be satisfied at time of decision	178
	104.4	CIRCUMSTANCES APPLICABLE TO GRANT	179
	104.5	WHEN VISA IS IN EFFECT	179
	104.6	CONDITIONS	179
	104.7	WAY OF GIVING EVIDENCE	179
SUBCLASS 105-CONCESSIONAL FAMILY
	105.1	INTERPRETATION	179
	105.2	PRIMARY CRITERIA	180
	105.21	Criteria to be satisfied at time of application	180
	105.22	Criteria to be satisfied at time of decision	180
	105.3	SECONDARY CRITERIA	181
	105.31	Criteria to be satisfied at time of application	181
	105.32	Criteria to be satisfied at time of decision	182
	105.4	CIRCUMSTANCES APPLICABLE TO GRANT	182
	105.5	WHEN VISA IS IN EFFECT	182
	105.6	CONDITIONS	182
	105.7	WAY OF GIVING EVIDENCE	182
SUBCLASS 120-LABOUR AGREEMENT
	120.1	INTERPRETATION	182
	120.2	PRIMARY CRITERIA	183
	120.21	Criteria to be satisfied at time of application	183
	120.22	Criteria to be satisfied at time of decision	183
	120.3	SECONDARY CRITERIA	184
	120.31	Criteria to be satisfied at time of application	184
	120.32	Criteria to be satisfied at time of decision	184
	120.4	CIRCUMSTANCES APPLICABLE TO GRANT	184
	120.5	WHEN VISA IS IN EFFECT	184
	120.6	CONDITIONS	184
	120.7	WAY OF GIVING EVIDENCE	184
SUBCLASS 121-EMPLOYER NOMINATION
	121.1	INTERPRETATION	185
	121.2	PRIMARY CRITERIA	185
	121.21	Criteria to be satisfied at time of application	185
	121.22	Criteria to be satisfied at time of decision	185
	121.3	SECONDARY CRITERIA	186
	121.31	Criteria to be satisfied at time of application	186
	121.32	Criteria to be satisfied at time of decision	187
	121.4	CIRCUMSTANCES APPLICABLE TO GRANT	187
	121.5	WHEN VISA IS IN EFFECT	187
	121.6	CONDITIONS	187
	121.7	WAY OF GIVING EVIDENCE	187
SUBCLASS 124-DISTINGUISHED TALENT (AUSTRALIAN SUPPORT)
	124.1	INTERPRETATION	187
	124.2	PRIMARY CRITERIA	188
	124.21	Criteria to be satisfied at time of application	188
	124.22	Criteria to be satisfied at time of decision	188
	124.3	SECONDARY CRITERIA	189
	124.31	Criteria to be satisfied at time of application	189
	124.4	CIRCUMSTANCES APPLICABLE TO GRANT	189
	124.5	WHEN VISA IS IN EFFECT	189
	124.6	CONDITIONS	189
	124.7	WAY OF GIVING EVIDENCE	190
SUBCLASS 125-DISTINGUISHED TALENT AND SPECIAL SERVICE (INDEPENDENT)
	125.1	INTERPRETATION	190
	125.2	PRIMARY CRITERIA	190
	125.21	Criteria to be satisfied at time of application	190
	125.22	Criteria to be satisfied at time of decision	190
125.3
	125.31	Criteria to be satisfied at time of application	191
	125.32	Criteria to be satisfied at time of decision	191
	125.4	CIRCUMSTANCES APPLICABLE TO GRANT	191
	125.5	WHEN VISA IS IN EFFECT	192
	125.6	CONDITIONS	192
	125.7	WAY OF GIVING EVIDENCE	192
SUBCLASS 126-INDEPENDENT
	126.1	INTERPRETATION	192
	126.2	PRIMARY CRITERIA	192
	126.21	Criteria to be satisfied at time of application	192
	126.22	Criteria to be satisfied at time of decision	192
	126.3	SECONDARY CRITERIA	193
	126.31	Criteria to be satisfied at time of application	193
	126.32	Criteria to be satisfied at time of decision	193
	126.4	CIRCUMSTANCES APPLICABLE TO GRANT	194
	126.5	WHEN VISA IS IN EFFECT	194
	126.6	CONDITIONS	194
	126.7	WAY OF GIVING EVIDENCE	194
SUBCLASS 127-BUSINESS OWNER
	127.1	INTERPRETATION	194
	127.2	PRIMARY CRITERIA	194
	127.21	Criteria to be satisfied at time of application	195
	127.22	Criteria to be satisfied at time of decision	195
	127.3	SECONDARY CRITERIA	196
	127.31	Criteria to be satisfied at time of application	197
	127.32	Criteria to be satisfied at time of decision	197
	127.4	CIRCUMSTANCES APPLICABLE TO GRANT	197
	127.5	WHEN VISA IS IN EFFECT	197
	127.6	CONDITIONS	197
	127.7	WAY OF GIVING EVIDENCE	197
SUBCLASS 128-SENIOR EXECUTIVE
	128.1	INTERPRETATION	197
	128.2	PRIMARY CRITERIA	198
	128.21	 Criteria to be satisfied at time of application	198
	128.22	Criteria to be satisfied at time of decision	198
	128.3	SECONDARY CRITERIA	199
	128.31	Criteria to be satisfied at time of application	199
	128.3	Criteria to be satisfied at time of decision	200
	128.4	CIRCUMSTANCES APPLICABLE TO GRANT	200
	128.5	WHEN VISA IS IN EFFECT	200
	128.6	CONDITIONS	200
	128.7	WAY OF GIVING EVIDENCE	200
	SUBCLASS 129-STATE/TERRITORY SPONSORED BUSINESS OWNER	200
	129.1	INTERPRETATION	200
	129.2	PRIMARY CRITERIA	200
	129.21	Criteria to be satisfied at time of application	200
	129.22	Criteria to be satisfied at time of decision	201
	129.3	SECONDARY CRITERIA	203
	129.31	Criteria to be satisfied at time of application	203
	129.32	Criteria to be satisfied at time of decision	203
	129.4	CIRCUMSTANCES APPLICABLE TO GRANT	203
	129.5	WHEN VISA IS IN EFFECT	203
	129.6	CONDITIONS	203
	129.7	WAY OF GIVING EVIDENCE	203
	SUBCLASS 130-STATE/TERRITORY SPONSORED SENIOR EXECUTIVE	204
	130.1	 INTERPRETATION	204
	130.2	PRIMARY CRITERIA	204
	130.21	Criteria to be satisfied at time of application	204
	130.22	Criteria to be satisfied at time of decision	205
	130.3	SECONDARY CRITERIA	206
	130.31	Criteria to be satisfied at time of application	206
	130.32	Criteria to be satisfied at time of decision	206
	130.4	CIRCUMSTANCES APPLICABLE TO GRANT	206
	130.5	WHEN VISA IS IN EFFECT	207
	130.6	CONDITIONS	207
	130.7	WAY OF GIVING EVIDENCE	207
	SUBCLASS 150-FORMER CITIZEN	207
	150.1	INTERPRETATION	207
	150.2	PRIMARY CRITERIA	207
	150.21	Criteria to be satisfied at the time of application	207
	150.22	Criteria to be satisfied at time of decision	207
	150.3	SECONDARY CRITERIA	208
	150.31	Criteria to be satisfied at time of application	208
	150.32	Criteria to be satisfied at time of decision.	208
	150.4	CIRCUMSTANCES APPLICABLE TO GRANT	209
	150.5	WHEN VISA IS IN EFFECT	209
	150.6	CONDITIONS	209
	150.7 WAY OF GIVING EVIDENCE	209
	SUBCLASS 151-FORMER RESIDENT	209
	151.1	INTERPRETATION	209
	151.2	PRIMARY CRITERIA	209
	151.21	Criteria to be satisfied at the time of application	209
	151.22	Criteria to be satisfied at time of decision	209
	151.3	SECONDARY CRITERIA	210
	151.31	Criteria to be satisfied at the time of application	210
	151.32	Criteria to be satisfied at the time of decision	210
	151.4	CIRCUMSTANCES APPLICABLE TO THE GRANT	211
	151.5	WHEN VISA IS IN EFFECT	211
	151.6	CONDITIONS	211
	151.7	WAY OF GIVING EVIDENCE	211
	SUBCLASS 152-FAMILY OF NEW ZEALAND CITIZEN	211
	152.1	INTERPRETATION	211
	152.2	PRIMARY CRITERIA	211
	152.21	Criteria to be satisfied at time of application	211
	152.22	Criteria to be satisfied at time of decision	211
	152.3	SECONDARY CRITERIA	212
	152.31	Criteria to be satisfied at time of application	212
	152.32	Criteria to be satisfied at time of decision	212
	152.4	CIRCUMSTANCES APPLICABLE TO GRANT	213
	152.5	WHEN VISA IS IN EFFECT	213
	152.6	CONDITIONS	213
	152.7	WAY OF GIVING EVIDENCE	213
	SUBCLASS 155-FIVE YEAR RETURN	213
	155.1	INTERPRETATION	213
	155.2	PRIMARY CRITERIA	213
	155.21	Criteria to be satisfied at time of application	213
	155.22	Criteria to be satisfied at time of decision	214
	155.3	SECONDARY CRITERIA: Nil.	214
	155.4	CIRCUMSTANCES APPLICABLE TO GRANT	214
	155.5	WHEN VISA IS IN EFFECT	215
	155.6	 CONDITIONS: Nil.	215
	155.7	WAY OF GIVING EVIDENCE	215
	SUBCLASS	156-ONE YEAR RETURN	215
	156.1	INTERPRETATION	215
	156.2	PRIMARY CRITERIA	215
	156.21	Criteria to be satisfied at time of application	215
	156.22	Criteria to be satisfied at time of decision	215
	156.3 SECONDARY CRITERIA: Nil.	215
	156.4	CIRCUMSTANCES APPLICABLE TO GRANT	215
	156.5	WHEN VISA IS IN EFFECT	216
	156.6	CONDITIONS: Nil.	216
	156.7	WAY OF GIVING EVIDENCE	216
	SUBCLASS 157-THREE MONTH RETURN	216
	157.1	INTERPRETATION	216
	157.2	PRIMARY CRITERIA	216
	157.21	Criteria to be satisfied at time of application	216
	157.22	Criteria to be satisfied at time of decision	216
	157.3	SECONDARY CRITERIA: Nil.	216
	157.4	CIRCUMSTANCES APPLICABLE TO GRANT	217
	157.5	WHEN VISA IS IN EFFECT	217
	157.6	CONDITIONS: Nil.	217
	157.7	EVIDENCE OF GRANT	217
	SUBCLASS	159-RESIDENT RETURN	217
	159.1	INTERPRETATION	217
	159.2	PRIMARY CRITERIA	217
	159.21	Criteria to be satisfied at time of application	217
	159.22	Criteria to be satisfied at time of decision	217
	159.3	SECONDARY CRITERIA: Nil.	217
	159.4	CIRCUMSTANCES APPLICABLE TO GRANT	218
	159.5	WHEN VISA IS IN EFFECT	218
	159.6	CONDITIONS	218
	159.7	WAY OF GIVING EVIDENCE	218
	SUBCLASS	200-REFUGEE	218
	200.1	INTERPRETATION	218
	200.2	PRIMARY CRITERIA	218
	200.21	Criteria to be satisfied at time of application	218
	200.22	Criteria to be satisfied at time of decision	218
	200.3	SECONDARY CRITERIA	219
	200.31	Criteria to be satisfied at time of application	219
	200.32	Criteria to be satisfied at time of decision	219
	200.4	CIRCUMSTANCES APPLICABLE TO GRANT	220
	200.5	WHEN VISA IS IN EFFECT	220
	200.6	CONDITIONS	220
	200.7	WAY OF GIVING EVIDENCE	220
	SUBCLASS 201	IN-COUNTRY SPECIAL HUMANITARIAN	220
	201.1	INTERPRETATION	220
	201.2	PRIMARY CRITERIA	220
	201.21	Criteria to be satisfied at time of application	220
	201.22	Criteria to be satisfied at time of decision	220
	201.3	SECONDARY CRITERIA	221
	201.31	Criteria to be satisfied at time of application	221
	201.32	Criteria to be satisfied at time of decision	221
	201.4	CIRCUMSTANCES APPLICABLE TO GRANT	222
	201.5	WHEN VISA IS IN EFFECT	222
	201.6	CONDITIONS	222
	201.7	WAY OF GIVING EVIDENCE	222
	SUBCLASS 202	GLOBAL SPECIAL HUMANITARIAN	222
	202.1	INTERPRETATION	222
	202.2	PRIMARY CRITERIA	222
	202.21	Criteria to be satisfied at time of application	222
	202.22	Criteria to be satisfied at time of decision	222
	202.3	SECONDARY CRITERIA	224
	202.31	Criteria to be satisfied at time of application	224
	202.32	Criteria to be satisfied at time of decision	224
	202.4	 CIRCUMSTANCES APPLICABLE TO GRANT	224
	202.5 WHEN VISA IS IN EFFECT	224
	202.6	CONDITIONS	224
	202.7	WAY OF GIVING EVIDENCE	224
	SUBCLASS 203	EMERGENCY RESCUE	224
	203.1	INTERPRETATION	224
	203.2	PRIMARY CRITERIA	225
	203.21	Criteria to be satisfied at time of application	225
	203.22	Criteria to be satisfied at time of decision	225
	203.3	SECONDARY CRITERIA	226
	203.31	Criteria to be satisfied at time of application	226
	203.32	Criteria to be satisfied at time of decision	226
	203.4	CIRCUMSTANCES APPLICABLE TO GRANT	226
	203.5 WHEN VISA IS IN EFFECT	226
	203.6	CONDITIONS	226
	203.7	WAY OF GIVING EVIDENCE	227
	SUBCLASS 204	WOMAN AT RISK	227
	204.1	INTERPRETATION	227
	204.2	PRIMARY CRITERIA	227
	204.21	Criteria to be satisfied at time of application	227
	204.22 Criteria to be satisfied at time of decision	227
	204.3	SECONDARY CRITERIA	228
	204.31	Criteria to be satisfied at time of application	228
	204.32	Criteria to be satisfied at time of decision	228
	204.4	CIRCUMSTANCES APPLICABLE TO GRANT	228
	204.5 WHEN VISA IS IN EFFECT	229
	204.6 CONDITIONS	229
	204.7	WAY OF GIVING EVIDENCE	229
	SUBCLASS 205-CAMP CLEARANCE	229
	205.1	INTERPRETATION	229
	205.2	PRIMARY CRITERIA	229
	205.21	Criteria to be satisfied at time of application	229
	205.22	Criteria to be satisfied at time of decision	229
	205.3	SECONDARY CRITERIA	230
	205.31	Criteria to be satisfied at the time of application	230
	205.32	Criteria to be satisfied at the time of decision	230
	205.4	CIRCUMSTANCES APPLICABLE TO GRANT	230
	205.5	WHEN VISA IS IN EFFECT	231
	205.6	CONDITIONS	231
	205.7	WAY OF GIVING EVIDENCE	231
	SUBCLASS 208	-EAST TIMORESE IN PORTUGAL	231
	208.1	INTERPRETATION	231
	208.2	PRIMARY CRITERIA	232
	208.21	Criteria to be satisfied at time of application	232
	208.22	Criteria to be satisfied at time of decision	233
	208.3 SECONDARY CRITERIA	233
	208.31	Criteria to be satisfied at the time of application	233
	208.32	Criteria to be satisfied at the time of decision	234
	208.4	CIRCUMSTANCES APPLICABLE TO GRANT	234
	208.5	WHEN VISA IS IN EFFECT	234
	208.6	CONDITIONS	234
	208.7	WAY OF GIVING EVIDENCE	234
	SUBCLASS 209-CITIZENS OF THE FORMER YUGOSLAVIA (DISPLACED PERSONS)	234
	209.1	INTERPRETATION	234
	209.2	PRIMARY CRITERIA	235
	209.21	Criteria to be satisfied at the time of application	235
	209.22	Criteria to be satisfied at time of decision	236
	209.3	SECONDARY CRITERIA	237
	209.31	Criteria to be satisfied at time of application	237
	209.32 Criteria to be satisfied at time of decision	237
	209.4	CIRCUMSTANCES APPLICABLE TO GRANT	237
	209.5	WHEN VISA IS IN EFFECT	238
	209.6	CONDITIONS	238
	209.7	WAY OF GIVING EVIDENCE	238
	SUBCLASS 210-MINORITIES OF FORMER USSR	238
	210.1	INTERPRETATION	238
	210.2	PRIMARY CRITERIA	239
	210.21	Criteria to be satisfied at time of application	239
	210.22	Criteria to be satisfied at time of decision	240
	210.3	SECONDARY CRITERIA	240
	210.31	Criteria to be satisfied at time of application	240
	210.32	Criteria to be satisfied at time of decision	241
	210.4	CIRCUMSTANCES APPLICABLE TO GRANT	241
	210.5	WHEN VISA IS IN EFFECT	241
	210.6	CONDITIONS	241
	210.7	WAY OF GIVING EVIDENCE	241
	SUBCLASS 211-BURMESE IN BURMA	241
	211.1	INTERPRETATION	241
	211.2	PRIMARY CRITERIA	242
	211.21	Criteria to be satisfied at time of application.	242
	211.22	Criteria to be satisfied at time of decision	243
	211.3	SECONDARY CRITERIA	244
	211.31	Criteria to be satisfied at the time of application	244
	211.32	Criteria to be satisfied at the time of decision	244
	211.4	CIRCUMSTANCES APPLICABLE TO GRANT	244
	211.5 WHEN VISA IS IN EFFECT	244
	211.6	CONDITIONS	245
	211.7	WAY OF GIVING EVIDENCE	245
	SUBCLASS 212-SUDANESE	245
	212.1	INTERPRETATION	245
	212.2	PRIMARY CRITERIA	246
	212.21	Criteria to be satisfied at time of application	246
	212.22	Criteria to be satisfied at time of decision	246
	212.3	SECONDARY CRITERIA	247
	212.31	Criteria to be satisfied at time of application	247
	212.32	Criteria to be satisfied at time of decision	247
	212.4	CIRCUMSTANCES APPLICABLE TO GRANT	247
	212.5	WHEN VISA IS IN EFFECT	248
	212.6	CONDITIONS	248
	212.7	WAY OF GIVING EVIDENCE	248
	SUBCLASS 213-BURMESE IN THAILAND	248
	213.1	INTERPRETATION	248
	213.2	PRIMARY CRITERIA	248
	213.21	Criteria to be satisfied at time of application	248
	213.22	Criteria to be satisfied at time of decision	249
	213.3 SECONDARY CRITERIA	249
	213.31	Criteria to be satisfied at the time of application	249
	213.32	Criteria to be satisfied at the time of decision	250
	213.4	CIRCUMSTANCES APPLICABLE TO GRANT	250
	213.5	WHEN VISA IS IN EFFECT	250
	213.6	CONDITIONS	250
	213.7	WAY OF GIVING EVIDENCE	250
	SUBCLASS 214-CAMBODIAN	250
	214.1	INTERPRETATION	250
	214.2	PRIMARY CRITERIA	251
	214.21	Criteria to be satisfied at time of application	251
	214.22	Criteria to be satisfied at time of decision	252
	214.3	SECONDARY CRITERIA	253
	214.31	Criteria to be satisfied at the time of application	253
	214.32	Criteria to be satisfied at the time of decision	253
	214.4	CIRCUMSTANCES APPLICABLE TO GRANT	254
	214.5	WHEN VISA IS IN EFFECT	254
	214.6	CONDITIONS	254
	214.7	WAY OF GIVING EVIDENCE	254
	SUBCLASS 300-PROSPECTIVE MARRIAGE	254
	300.1	INTERPRETATION	254
	300.2	PRIMARY CRITERIA	254
	300.21	Criteria to be satisfied at time of application	254
	300.22	Criteria to be satisfied at time of decision	255
	300.3	SECONDARY CRITERIA	256
	300.31	Criteria to be satisfied at time of application	256
	300.32	Criteria to be satisfied at time of decision	256
	300.4	CIRCUMSTANCES APPLICABLE TO GRANT	256
	300.5	WHEN VISA IS IN EFFECT	256
	300.6	CONDITIONS	256
	300.7	WAY OF GIVING EVIDENCE	257
	SUBCLASS 302-EMERGENCY (PERMANENT VISA APPLICANT)	257
	302.1	INTERPRETATION	257
	302.2 PRIMARY CRITERIA	257
	302.21 Criteria to be satisfied at time of application	257
	302.22 Criteria to be satisfied at time of decision	257
	302.3	SECONDARY CRITERIA	258
	302.31	Criteria to be satisfied at time of application	258
	302.32	Criteria to be satisfied at time of decision	258
	302.4	CIRCUMSTANCES APPLICABLE TO GRANT	258
	302.5	WHEN VISA IS IN EFFECT	258
	302.6	CONDITIONS	258
	302.7	WAY OF GIVING EVIDENCE	259
	SUBCLASS 303-EMERGENCY	259
	303.1	INTERPRETATION	259
	303.2	PRIMARY CRITERIA	259
	303.21	Criteria to be satisfied at time of application	259
	303.22	Criteria to be satisfied at time of decision	259
	303.3	SECONDARY CRITERIA	260
	303.31	Criteria to be satisfied at time of application	260
	303.32	Criteria to be met at time of decision	260
	303.4	CIRCUMSTANCES APPLICABLE TO GRANT	261
	303.5	WHEN VISA IS IN EFFECT	261
	303.6	CONDITIONS	261
	303.7	WAY OF GIVING EVIDENCE	261
	SUBCLASS 305-INTERDEPENDENCY	261
	305.1	INTERPRETATION	261
	305.2	PRIMARY CRITERIA	261
	305.21	Criteria to be satisfied at time of application	261
	305.22	Criteria to be satisfied at time of decision	262
	305.3	SECONDARY CRITERIA	262
	305.31	Criteria to be satisfied at time of application	262
	305.32	Criteria to be satisfied at time of decision	263
	305.4	CIRCUMSTANCES APPLICABLE TO GRANT	263
	305.5 WHEN VISA IS IN EFFECT	263
	305.6	CONDITIONS	263
	305.7 WAY OF GIVING EVIDENCE	263
	SUBCLASS 410-RETIREMENT	263
	410.1	INTERPRETATION	263
	410.2	PRIMARY CRITERIA	263
	410.21	Criteria to be satisfied at time of application	263
	410.22	Criteria to be satisfied at time of decision	264
	410.3	SECONDARY CRITERIA	265
	410.31	Criteria to be satisfied at time of application	265
	410.32	Criteria to be met at time of decision	265
	410.4	CIRCUMSTANCES APPLICABLE TO GRANT	266
	410.5	WHEN VISA IS IN EFFECT	266
	410.6	CONDITIONS	266
	410.7	WAY OF GIVING EVIDENCE	266
	SUBCLASS 411-EXCHANGE	266
	411.1	INTERPRETATION	266
	411.2	PRIMARY CRITERIA	266
	411.21	Criteria to be satisfied at time of application	266
	411.22	Criteria to be satisfied at time of decision	267
	411.3	SECONDARY CRITERIA	268
	411.31	Criteria to be satisfied at time of application	268
	411.32	Criteria to be met at time of decision	268
	411.4	CIRCUMSTANCES APPLICABLE TO GRANT	269
	411.5	WHEN VISA IS IN EFFECT	269
	411.6	CONDITIONS	269
	411.7	WAY OF GIVING EVIDENCE	269
	SUBCLASS 412-INDEPENDENT EXECUTIVE	269
	412.1	INTERPRETATION	269
	412.2	PRIMARY CRITERIA	269
	412.21	Criteria to be satisfied at time of application	269
	412.22	Criteria to be satisfied at time of decision	270
	412.3	SECONDARY CRITERIA	271
	412.31	Criteria to be satisfied at time of application	271
	412.32	Criteria to be met at time of decision	271
	412.4	CIRCUMSTANCES APPLICABLE TO GRANT	271
	412.5	WHEN VISA IS IN EFFECT	272
	412.6	CONDITIONS	272
	412.7	WAY OF GIVING EVIDENCE	272
	SUBCLASS 413-EXECUTIVE	272
	413.1	INTERPRETATION	272
	413.2	PRIMARY CRITERIA	272
	413.21	Criteria to be satisfied at time of application	272
	413.22	Criteria to be satisfied at time of decision	273
	413.3	SECONDARY CRITERIA	274
	413.31	Criteria to be satisfied at time of application	274
	413.32	Criteria to be met at time of decision	275
	413.4	CIRCUMSTANCES APPLICABLE TO GRANT	275
	413.5	WHEN VISA IS IN EFFECT	275
	413.6	CONDITIONS	275
	413.7	WAY OF GIVING EVIDENCE	276
	SUBCLASS 414-SPECIALIST	276
	414.1	INTERPRETATION	276
	414.2	PRIMARY CRITERIA	276
	414.21	Criteria to be satisfied at time of application	276
	414.22	Criteria to be satisfied at time of decision	276
	414.3	SECONDARY CRITERIA	278
	414.31	Criteria to be satisfied at time of application	278
	414.32	Criteria to be met at time of decision	278
	414.4 CIRCUMSTANCES APPLICABLE TO GRANT	279
	414.5	WHEN VISA IS IN EFFECT	279
	414.6	CONDITIONS	279
	414.7	WAY OF GIVING EVIDENCE	279
	SUBCLASS 415-FOREIGN GOVERNMENT AGENCY	279
	415.1	INTERPRETATION	279
	415.2	PRIMARY CRITERIA	279
	415.21	Criteria to be satisfied at time of application	279
	415.22	Criteria to be satisfied at time of decision	280
	415.3	SECONDARY CRITERIA	281
	415.31	Criteria to be satisfied at time of application	281
	415.32	Criteria to be satisfied at time of decision	282
	415.4	CIRCUMSTANCES APPLICABLE TO GRANT	282
	415.5	WHEN VISA IS IN EFFECT	282
	415.6	CONDITIONS	282
	415.7	WAY OF GIVING EVIDENCE	283
	SUBCLASS 416-SPECIAL PROGRAM	283
	416.1	INTERPRETATION	283
	416.2	PRIMARY CRITERIA	283
	416.21	Criteria to be satisfied at time of application	283
	416.22	Criteria to be satisfied at time of decision	283
	416.3	SECONDARY CRITERIA	284
	416.31	Criteria to be satisfied at time of application	284
	416.32	Criteria to be met at time of decision	284
	416.4	CIRCUMSTANCES APPLICABLE TO GRANT	285
	416.5	WHEN VISA IS IN EFFECT	285
	416.6	CONDITIONS	285
	416.7	WAY OF GIVING EVIDENCE	285
	SUBCLASS 417-WORKING HOLIDAY	285
	417.1	INTERPRETATION	285
	417.2	PRIMARY CRITERIA	285
	417.22	Criteria to be satisfied at time of decision	286
	417.3	SECONDARY CRITERIA	287
	417.4	CIRCUMSTANCES APPLICABLE TO GRANT	287
	417.5	WHEN VISA IS IN EFFECT	287
	417.6	CONDITIONS	287
	417.7	WAY OF GIVING EVIDENCE	287
	SUBCLASS 418-EDUCATIONAL	288
	418.1	INTERPRETATION	288
	418.2	PRIMARY CRITERIA	288
	418.21	Criteria to be satisfied at time of application	288
	418.22	Criteria to be satisfied at time of decision	288
	418.3	SECONDARY CRITERIA	290
	418.31	Criteria to be satisfied at time of application	290
	418.32	Criteria to be met at time of decision	290
	418.4	CIRCUMSTANCES APPLICABLE TO GRANT	291
	418.5	WHEN VISA IS IN EFFECT	291
	418.6 CONDITIONS	291
	418.7	WAY OF GIVING EVIDENCE	291
	SUBCLASS 419-VISITING ACADEMIC	291
	419.1	INTERPRETATION	291
	419.2	PRIMARY CRITERIA	291
	419.21	Criteria to be satisfied at time of application	291
	419.22	Criteria to be satisfied at time of decision	292
	419.3	SECONDARY CRITERIA	293
	419.31	Criteria to be satisfied at time of application	293
	419.32	Criteria to be met at time of decision	293
	419.4	CIRCUMSTANCES APPLICABLE TO GRANT	293
	419.5	WHEN VISA IS IN EFFECT	293
	419.6	CONDITIONS	294
	419.7	WAY OF GIVING EVIDENCE	294
	SUBCLASS 420-ENTERTAINMENT	294
	420.1 INTERPRETATION	294
	420.2	PRIMARY CRITERIA	294
	420.21	Criteria to be satisfied at time of application	294
	420.22	Criteria to be satisfied at time of decision	294
	420.3	SECONDARY CRITERIA	296
	420.31	Criteria to be satisfied at time of application	297
	420.32	Criteria to be met at time of decision	297
	420.4	CIRCUMSTANCES APPLICABLE TO GRANT	297
	420.5	WHEN VISA IS IN EFFECT	297
	420.6	CONDITIONS	298
	420.7	WAY OF GIVING EVIDENCE	298
	SUBCLASS 421-SPORT	298
	421.1	INTERPRETATION	298
	421.2	PRIMARY CRITERIA	298
	421.22	Criteria to be satisfied at time of decision	298
	421.3 SECONDARY CRITERIA	301
	421.31	Criteria to be satisfied at time of application	301
	421.32	Criteria to be met at time of decision	301
	421.4	CIRCUMSTANCES APPLICABLE TO GRANT	302
	421.5	WHEN VISA IS IN EFFECT	302
	421.6	CONDITIONS	302
	421.7	WAY OF GIVING EVIDENCE	302
	SUBCLASS 422-MEDICAL PRACTITIONER	302
	422.1	INTERPRETATION	302
	422.2	PRIMARY CRITERIA	302
	422.21	Criteria to be satisfied at time of application	303
	422.22	Criteria to be satisfied at time of decision	303
	422.3	SECONDARY CRITERIA	305
	422.31	Criteria to be satisfied at time of application	305
	422.32	Criteria to be met at time of decision	305
	422.4	CIRCUMSTANCES APPLICABLE TO GRANT	305
	422.5	WHEN VISA IS IN EFFECT	306
	422.6	CONDITIONS	306
	422.7	WAY OF GIVING EVIDENCE	306
	SUBCLASS 423-MEDIA AND FILM STAFF	306
	423.1	INTERPRETATION	306
	423.2	PRIMARY CRITERIA	306
	423.21	Criteria to be satisfied at time of application	306
	423.22	Criteria to be satisfied at time of decision	307
	423.3	SECONDARY CRITERIA	308
	423.31	Criteria to be satisfied at time of application	308
	423.32	Criteria to be met at time of decision	309
	423.4	CIRCUMSTANCES APPLICABLE TO GRANT	309
	423.5	WHEN VISA IS IN EFFECT	309
	423.6	CONDITIONS	309
	423.7	WAY OF GIVING EVIDENCE	309
	SUBCLASS 424-PUBLIC LECTURER	309
	424.1	INTERPRETATION	309
	424.2	PRIMARY CRITERIA	310
	424.21	Criteria to be satisfied at time of application	310
	424.22	Criteria to be satisfied at time of decision	310
	424.3	SECONDARY CRITERIA	311
	424.31	Criteria to be satisfied at time of application	311
	424.32	Criteria to be met at time of decision	312
	424.4	CIRCUMSTANCES APPLICABLE TO GRANT	312
	424.5	WHEN VISA IS IN EFFECT	312
	424.6	CONDITIONS	312
	424.7	WAY OF GIVING EVIDENCE	312
	SUBCLASS 425-FAMILY RELATIONSHIP	313
	425.1	INTERPRETATION	313
	425.2	PRIMARY CRITERIA	313
	425.21	Criteria to be satisfied at time of application	313
	425.22	Criteria to be satisfied at time of decision	313
	425.3	SECONDARY CRITERIA	314
	425.31	Criteria to be satisfied at time of application	314
	425.32	Criteria to be met at time of decision	314
	425.4	CIRCUMSTANCES APPLICABLE TO GRANT	315
	425.5	WHEN VISA IS IN EFFECT	315
	425.6	CONDITIONS	315
	425.7	WAY OF GIVING EVIDENCE	315
	SUBCLASS 426-DOMESTIC WORKER (TEMPORARY)-DIPLOMATIC OR CONSULAR	315
	426.1	INTERPRETATION	315
	426.2	PRIMARY CRITERIA	315
	426.21	Criteria to be satisfied at time of application	315
	426.22	Criteria to be satisfied at time of decision	316
	426.3	SECONDARY CRITERIA	317
	426.31	Criteria to be satisfied at time of application	317
	426.32	Criteria to be satisfied at time of decision	317
	426.4	CIRCUMSTANCES APPLICABLE TO GRANT	317
	426.5	WHEN VISA IS IN EFFECT	318
	426.6	CONDITIONS	318
	426.7	WAY OF GIVING EVIDENCE	318
	SUBCLASS 427-DOMESTIC WORKER (TEMPORARY)-EXECUTIVE	318
	427.1	INTERPRETATION	318
	427.2	PRIMARY CRITERIA	318
	427.21	Criteria to be satisfied at time of application	318
	427.22	Criteria to be satisfied at time of decision	319
	427.3	SECONDARY CRITERIA	320
	427.31	Criteria to be satisfied at time of application	320
	427.32	Criteria to be met at time of decision	320
	427.4	CIRCUMSTANCES APPLICABLE TO GRANT	321
	427.5	WHEN VISA IS IN EFFECT	321
	427.6	CONDITIONS	321
	427.7	WAY OF GIVING EVIDENCE	321
	SUBCLASS 428-RELIGIOUS WORKER	321
	428.1	INTERPRETATION	321
	428.2	PRIMARY CRITERIA	321
	428.21 Criteria to be satisfied at time of application	321
	428.22	Criteria to be satisfied at time of decision	322
	428.3 SECONDARY CRITERIA	323
	428.31	Criteria to be satisfied at time of application	323
	428.32	Criteria to be met at time of decision	323
	428.4	CIRCUMSTANCES APPLICABLE TO GRANT	323
	428.5	WHEN VISA IS IN EFFECT	324
	428.6	CONDITIONS	324
	428.7	WAY OF GIVING EVIDENCE	324
	SUBCLASS 430-SUPPORTED DEPENDENT	324
	430.1	INTERPRETATION	324
	430.2	PRIMARY CRITERIA	324
	430.21	Criteria to be satisfied at time of application	324
	430.22	Criteria to be satisfied at time of decision	325
	430.3	SECONDARY CRITERIA	325
	430.31	Criteria to be satisfied at time of application	325
	430.32	Criteria to be satisfied at time of decision	325
	430.4	CIRCUMSTANCES APPLICABLE TO GRANT	326
	430.5	WHEN VISA IS IN EFFECT	326
	430.6	CONDITIONS	326
	430.7	WAY OF GIVING EVIDENCE	326
	SUBCLASS 432-EXPATRIATE (TEMPORARY)	326
	432.1	INTERPRETATION	326
	432.2	PRIMARY CRITERIA	326
	432.21	Criteria to be satisfied at time of application	326
	432.22	Criteria to be satisfied at time of decision	327
	432.3	SECONDARY CRITERIA	328
	432.31	Criteria to be satisfied at time of application	328
	432.32	Criteria to be satisfied at time of decision	328
	432.4	CIRCUMSTANCES APPLICABLE TO GRANT	328
	432.5	WHEN VISA IS IN EFFECT	329
	432.6 CONDITIONS	329
	432.7	EVIDENCE OF GRANT	329
	SUBCLASS 435-SRI LANKAN (TEMPORARY)	329
	435.1	INTERPRETATION	329
	435.2	PRIMARY CRITERIA	329
	435.21	Criteria to be satisfied at time of application	329
	435.22	Criteria to be satisfied at time of decision	329
	435.4	CIRCUMSTANCES APPLICABLE TO GRANT	330
	435.5	WHEN VISA IS IN EFFECT	330
	435.6	CONDITIONS	330
	435.7	WAY OF GIVING EVIDENCE	330
	SUBCLASS 442-OCCUPATIONAL TRAINEE	330
	442.1	INTERPRETATION	330
	442.2	PRIMARY CRITERIA	330
	442.21	Criteria to be satisfied at time of application	330
	442.22	Criteria to be satisfied at time of decision	331
	442.3	SECONDARY CRITERIA	332
	442.31	Criteria to be satisfied at time of application	332
	442.32	Criteria to be satisfied at time of decision	332
	442.4	CIRCUMSTANCES APPLICABLE TO GRANT	333
	442.5	WHEN VISA IS IN EFFECT	333
	442.6	CONDITIONS	333
	442.7	WAY OF GIVING EVIDENCE	333
	SUBCLASS 443-CITIZENS OF FORMER YUGOSLAVIA	333
	443.1	INTERPRETATION	333
	443.2	PRIMARY CRITERIA	333
	443.21	Criteria to be satisfied at time of application	333
	443.22	Criteria to be satisfied at time of decision	334
	443.3	SECONDARY CRITERIA	334
	443.4	CIRCUMSTANCES APPLICABLE TO GRANT	334
	443.5	WHEN VISA IS IN EFFECT	334
	443.6	CONDITIONS	334
	443.7	WAY OF GIVING EVIDENCE	334
	SUBCLASS 444-SPECIAL CATEGORY	334
	444.1	INTERPRETATION	334
	444.2	PRIMARY CRITERIA	334
	444.21	Criteria to be satisfied at time of application	334
	444.2	Criteria to be satisfied at time of decision	335
	444.3	SECONDARY CRITERIA: Nil.	335
	444.4	CIRCUMSTANCES APPLICABLE TO GRANT	335
	444.5	WHEN VISA IS IN EFFECT	335
	444.6	CONDITIONS: Nil.	335
	444.7	WAY OF GIVING EVIDENCE	335
	SUBCLASS 445-DEPENDENT CHILD	335
	445.1	INTERPRETATION	335
	445.2	PRIMARY CRITERIA	335
	445.21	Criteria to be satisfied at time of application	335
	445.22 Criteria to be satisfied at time of decision	336
	445.3	SECONDARY CRITERIA: Nil.	336
	445.4	CIRCUMSTANCES APPLICABLE TO GRANT	336
	445.5	WHEN A VISA IS IN EFFECT	336
	445.6	CONDITIONS: Nil.	336
	445.7	WAY OF GIVING EVIDENCE	336
	SUBCLASS 446-CONFIRMATORY (TEMPORARY)	336
	446.1	INTERPRETATION	336
	446.2 PRIMARY CRITERIA	336
	446.21	Criteria to be satisfied at time of application	336
	446.22	Criteria to be satisfied at time of decision	337
	446.3	SECONDARY CRITERIA: Nil.	337
	446.4	CIRCUMSTANCES APPLICABLE TO GRANT	337
	446.5	WHEN VISA IS IN EFFECT	337
	446.6	CONDITIONS	337
	446.7	WAY OF GIVING EVIDENCE	337
	SUBCLASS 560-STUDENT	337
	560.1	INTERPRETATION	337
	560.2	PRIMARY CRITERIA	338
	560.21	Criteria to be satisfied at time of application	338
	560.22	Criteria to be satisfied at time of decision	340
	560.3	SECONDARY CRITERIA	343
	560.31	Criteria to be satisfied at time of application	343
	560.32	Criteria to be satisfied at time of decision	344
	560.4	CIRCUMSTANCES APPLICABLE TO GRANT	345
	560.5	WHEN VISA IS IN EFFECT	345
	560.6	CONDITIONS	345
	560.7	WAY OF GIVING EVIDENCE	346
	SUBCLASS 562-IRANIAN POSTGRADUATE STUDENT	347
	562.1	INTERPRETATION	347
	562.2	PRIMARY CRITERIA	347
	562.21	Criteria to be satisfied at time of application	347
	562.22	Criteria to be satisfied at time of decision	347
	562.3	SECONDARY CRITERIA: Nil.	348
	562.4	CIRCUMSTANCES APPLICABLE TO GRANT	348
	562.5	WHEN VISA IS IN EFFECT	348
	562.6	CONDITIONS	348
	562.7	WAY OF GIVING EVIDENCE	348
	SUBCLASS 563-IRANIAN POSTGRADUATE STUDENT DEPENDANT	348
	563.1	INTERPRETATION	348
	563.2	PRIMARY CRITERIA	348
	563.21	Criteria to be satisfied at time of application	348
	563.22	Criteria to be satisfied at time of decision	349
	563.3	SECONDARY CRITERIA: Nil.	349
	563.4	CIRCUMSTANCES APPLICABLE TO GRANT	349
	563.5	WHEN VISA IS IN EFFECT	350
	563.6	CONDITIONS	350
	563. 7	 WAY OF GIVING EVIDENCE	350
	SUBCLASS 661-SPECIAL TOURIST	350
	661.1	INTERPRETATION	350
	661.2	PRIMARY CRITERIA	350
	661.21	Criteria to be satisfied at time of application	350
	661.22	Criteria to be satisfied at time of decision	350
	661.3	SECONDARY CRITERIA: Nil.	351
	661.4	CIRCUMSTANCES APPLICABLE TO GRANT	351
	661.5	WHEN VISA IS IN EFFECT	351
	661.6	CONDITIONS	351
	661.7	WAY OF GIVING EVIDENCE	351
	SUBCLASS 670-TOURIST (SHORT STAY)	351
	670.1	INTERPRETATION	351
	670.2	PRIMARY CRITERIA	351
	670.21	Criteria to be satisfied at time of application	351
	670.22	Criteria to be satisfied at time of decision	352
	670.3	SECONDARY CRITERIA: Nil.	353
	670.4	CIRCUMSTANCES APPLICABLE TO GRANT	353
	670.5	WHEN VISA IS IN EFFECT	353
	670.6	CONDITIONS	354
	670.7	WAY OF GIVING EVIDENCE	354
	SUBCLASS 672-BUSINESS VISITOR (SHORT STAY)	354
	672.1	INTERPRETATION	354
	672.2	PRIMARY CRITERIA	354
	672.21	Criteria to be satisfied at time of application	354
	672.22	Criteria to be satisfied at time of decision	354
	672.3	SECONDARY CRITERIA: Nil.	355
	672.4	CIRCUMSTANCES APPLICABLE TO GRANT	355
	672.5 WHEN VISA IS IN EFFECT	355
	672.6	CONDITIONS	356
	672.7	WAY OF GIVING EVIDENCE	356
	SUBCLASS 673-CLOSE FAMILY VISITOR (SHORT STAY)	356
	673.1	INTERPRETATION	356
	673.2	PRIMARY CRITERIA	356
	673.21	Criteria to be satisfied at time of application	356
	673.22	Criteria to be satisfied at time of decision	357
	673.3	SECONDARY CRITERIA: Nil.	358
	673.4	CIRCUMSTANCES APPLICABLE TO GRANT	358
	673.5	WHEN VISA IS IN EFFECT	358
	673.6	CONDITIONS	359
	673.7	WAY OF GIVING EVIDENCE	359
	SUBCLASS 674-VISITOR OTHER (SHORT STAY)	359
	674.1	INTERPRETATION	359
	674.2	PRIMARY CRITERIA	359
	674.21	Criteria to be satisfied at time of application	359
	674.22	Criteria to be satisfied at time of decision	359
	674.3	SECONDARY CRITERIA: Nil.	360
	674.4	CIRCUMSTANCES APPLICABLE TO GRANT	360
	674.5	WHEN VISA IS IN EFFECT	361
	674.6	CONDITIONS	361
	674.7	WAY OF GIVING EVIDENCE	361
	SUBCLASS 675-MEDICAL TREATMENT (SHORT STAY)	361
	675.1	INTERPRETATION	361
	675.2	PRIMARY CRITERIA	361
	675.21	Criteria to be satisfied at time of application	362
	675.22	Criteria to be satisfied at time of decision	363
	675.3	SECONDARY CRITERIA: Nil.	364
	675.4	CIRCUMSTANCES APPLICABLE TO GRANT	364
	675.5	WHEN VISA IS IN EFFECT	364
	675.6	CONDITIONS	365
	675.7	WAY OF GIVING EVIDENCE	365
	SUBCLASS 680-TOURIST (LONG STAY)	365
	680.1	INTERPRETATION	365
	680.2	PRIMARY CRITERIA	365
	680.21	Criteria to be satisfied at time of application	365
	680.22	Criteria to be satisfied at time of decision	366
	680.3	SECONDARY CRITERIA: Nil.	367
	680.4	CIRCUMSTANCES APPLICABLE TO GRANT	367
	680.5	WHEN VISA IS IN EFFECT	367
	680.6	CONDITIONS	367
	680.7	WAY OF GIVING EVIDENCE	367
	SUBCLASS 682-BUSINESS VISITOR (LONG STAY)	367
	682.1	INTERPRETATION	367
	682.2	PRIMARY CRITERIA	368
	682.21	Criteria to be satisfied at time of application	368
	682.22	Criteria to be satisfied at time of decision	368
	683.3	SECONDARY CRITERIA: Nil.	371
	683.4	CIRCUMSTANCES APPLICABLE TO GRANT	371
	683.5	WHEN VISA IS IN EFFECT	371
	683.6	CONDITIONS	372
	683.7	WAY OF GIVING EVIDENCE	372
	SUBCLASS 684-VISITOR OTHER (LONG STAY)	372
	684.1	INTERPRETATION	372
	684.2	PRIMARY CRITERIA	372
	684.21	Criteria to be satisfied at time of application	372
	684.22	Criteria to be satisfied at time of decision	372
	684.3	SECONDARY CRITERIA: Nil.	373
	684.4	CIRCUMSTANCES APPLICABLE TO GRANT	373
	684.5	WHEN VISA IS IN EFFECT	373
	684.6	CONDITIONS	374
	684.7	WAY OF GIVING EVIDENCE	374
	SUBCLASS 685-MEDICAL TREATMENT (LONG STAY)	374
	685.1	INTERPRETATION	374
	685.2	PRIMARY CRITERIA	374
	685.21	Criteria to be satisfied at time of application	374
	685.22	Criteria to be satisfied at time of decision	376
	685.3	SECONDARY CRITERIA: Nil.	377
	685.4	CIRCUMSTANCES APPLICABLE TO GRANT	377
	685.5	WHEN VISA IS IN EFFECT	378
	685.6	CONDITIONS	378
	685.7	WAY OF GIVING EVIDENCE	378
	SUBCLASS 771-TRANSIT	378
	771.1	INTERPRETATION	378
	771.	PRIMARY CRITERIA	378
	771.21	Criteria to be satisfied at time of application	378
	771.22	Criteria to be satisfied at time of decision	379
	771.3	SECONDARY CRITERIA: Nil.	379
	771.4	CIRCUMSTANCES APPLICABLE TO GRANT	379
	771.5	WHEN VISA IS IN EFFECT	379
	771.6	CONDITIONS	379
	771.7	WAY OF GIVING EVIDENCE	379
	SUBCLASS 773-BORDER	379
	773.1	INTERPRETATION	379
	773.2	PRIMARY CRITERIA	379
	773.21	Criteria to be satisfied at time of application	379
	773.22	Criteria to be satisfied at time of decision	382
	773.3	SECONDARY CRITERIA: Nil.	382
	773.4	CIRCUMSTANCES APPLICABLE TO GRANT	382
	773.5	WHEN VISA IS IN EFFECT	383
	773.6	CONDITIONS	383
	773.7	WAY OF GIVING EVIDENCE	383
	SUBCLASS 800-TERRITORIAL ASYLUM	383
	800.1	INTERPRETATION	383
	800.2	PRIMARY CRITERIA	383
	800.21	Criteria to be satisfied at time of application	383
	800.22	Criteria to be satisfied at time of decision	383
	800.3	SECONDARY CRITERIA	383
	800.31	Criteria to be satisfied at time of application	383
	800.32	Criteria to be satisfied at time of decision	384
	800.4	CIRCUMSTANCES APPLICABLE TO GRANT	384
	800.5	WHEN VISA IS IN EFFECT	384
	800.6	CONDITIONS: Nil.	384
	800.7	WAY OF GIVING EVIDENCE	384
	SUBCLASS 801-SPOUSE	384
	801.1	INTERPRETATION	384
	801.2	PRIMARY CRITERIA	384
	801.21	(No criteria to be satisfied at time of application.]	384
	801.22	Criteria to be satisfied at time of decision	384
	801.3	SECONDARY CRITERIA	386
	801.31	(No criteria to be satisfied at time of application.)	386
	801.32	Criteria to be satisfied at time of decision	386
	801.4	CIRCUMSTANCES APPLICABLE TO GRANT	387
	801.5	WHEN VISA IS IN EFFECT	387
	801.6	CONDITIONS: Nil.	387
	801.7	WAY OF GIVING EVIDENCE	387
	SUBCLASS 802-CHILD	387
	802.1	INTERPRETATION	387
	802.2	PRIMARY CRITERIA	387
	802.21	Criteria to be satisfied at time of application	387
	802.22	Criteria to be satisfied at time of decision	388
	802.3	SECONDARY CRITERIA	388
	802.31	Criteria to be satisfied at time of application	388
	802.32	Criteria to be satisfied at time of decision	388
	802.4	CIRCUMSTANCES APPLICABLE TO GRANT	389
	802.5	WHEN VISA IS IN EFFECT	389
	802.6	CONDITIONS: Nil.	389
	802.7	WAY OF GIVING EVIDENCE	389
	SUBCLASS 804-AGED PARENT	389
	804.1	INTERPRETATION	389
	804.2	PRIMARY CRITERIA	389
	804.21	Criteria to be satisfied at time of application	389
	804.22	Criteria to be satisfied at time of decision	389
	804.3	SECONDARY CRITERIA	390
	804.31	Criteria to be satisfied at time of application	390
	804.32	Criteria to be satisfied at time of decision	390
	804.4	CIRCUMSTANCES APPLICABLE TO GRANT	390
	804.5	WHEN VISA IS IN EFFECT	391
	804.6	CONDITIONS: Nil.	391
	804.7	WAY OF GIVING EVIDENCE	391
	SUBCLASS 805-SKILLED	391
	805.1	INTERPRETATION	391
	805.2	PRIMARY CRITERIA	391
	805.21	Criteria to be satisfied at time of application	391
	805.22	Criteria to be satisfied at time of decision	393
	805.3	SECONDARY CRITERIA	394
	805.31	Criteria to be satisfied at time of application	394
	805.32	Criteria to be satisfied at time of decision	394
	805.4	CIRCUMSTANCES APPLICABLE TO GRANT	394
	805.5	WHEN VISA IS IN EFFECT	395
	805.6	CONDITIONS: Nil.	395
	805.7	WAY OF GIVING EVIDENCE	395
	SUBCLASS 806-FAMILY	395
	806.1	INTERPRETATION	395
	806.2	PRIMARY CRITERIA	395
	806.21	Criteria to be satisfied at time of application	395
	806.22	Criteria to be satisfied at time of decision	395
	806.3	SECONDARY CRITERIA	396
	806.31	Criteria to be satisfied at time of application	396
	806.32	Criteria to be satisfied at time of decision	396
	806.4	CIRCUMSTANCES APPLICABLE TO GRANT	396
	806.5	WHEN VISA IS IN EFFECT	397
	806.6	CONDITIONS: Nil.	397
	806.7	WAY OF GIVING EVIDENCE	397
	SUBCLASS 808-CONFIRMATORY (RESIDENCE)	397
	808.1	INTERPRETATION	397
	808.2	PRIMARY CRITERIA	397
	808.22	Criteria to be satisfied at time of application	397
	808.23	Criteria to be satisfied at time of decision	397
	808.3	SECONDARY CRITERIA: Nil.	398
	808.4	CIRCUMSTANCES APPLICABLE TO GRANT	398
	808.5	WHEN VISA IS IN EFFECT	398
	808.6	CONDITIONS: Nil.	398
	808.7	WAY OF GIVING EVIDENCE	398
	SUBCLASS 814-INTERDEPENDENCY	398
	814.1	INTERPRETATION	398
	814.2	PRIMARY CRITERIA	398
	814.21	(No criteria to be satisfied at time of application)	398
	814.22	Criteria to be satisfied at time of decision	398
	814.3	SECONDARY CRITERIA	399
	814.31	(No criteria to be satisfied at time of application)	399
	814.31	Criteria to be satisfied at time of decision	399
	814.4	CIRCUMSTANCES APPLICABLE TO GRANT	400
	814.5	WHEN VISA IS IN EFFECT	400
	814.6	CONDITIONS: Nil.	400
	814.7	WAY OF GIVING EVIDENCE	400
	SUBCLASS 820-SPOUSE	400
	820.1	INTERPRETATION	400
	820.2	PRIMARY CRITERIA	400
	820.21	Criteria to be satisfied at time of application	400
	820.22	Criteria to be satisfied at time of decision	402
	820.3	SECONDARY CRITERIA	403
	820.3	Criteria to be satisfied at time of application	403
	820.32	Criteria to be satisfied at time of decision	404
	820.4	CIRCUMSTANCES APPLICABLE TO GRANT	404
	820.5	WHEN VISA IS IN EFFECT	404
	820.6	CONDITIONS: Nil.	404
	820.7	WAY OF GIVING EVIDENCE	404
	SUBCLASS 826-INTERDEPENDENCY	404
	826.1	INTERPRETATION	404
	826.2 PRIMARY CRITERIA	405
	826.21	Criteria to be satisfied at time of application	405
	826.22	Criteria to be satisfied at time of decision	406
	826.3	SECONDARY CRITERIA	406
	826.31	Criteria to be satisfied at time of application	406
	826.32	Criteria to be satisfied at time of decision	407
	826.4	CIRCUMSTANCES APPLICABLE TO GRANT	407
	826.5	WHEN VISA IS IN EFFECT	407
	826.6	CONDITIONS: Nil.	407
	826.7	WAY OF GIVING EVIDENCE	407
	SUBCLASS 831-PROSPECTIVE MARRIAGE SPOUSE	408
	831.1	INTERPRETATION	408
	831.2	PRIMARY CRITERIA	408
	831.21	Criteria to be satisfied at time of application	408
	831.22	Criteria to be satisfied at time of decision	408
	831.3	SECONDARY CRITERIA	409
	831.31	Criteria to be satisfied at time of application	409
	831.32	Criteria to be satisfied at time of decision	409
	831.4	CIRCUMSTANCES APPLICABLE TO GRANT	410
	831.5	WHEN VISA IS IN EFFECT	410
	831.6	CONDITIONS: Nil	410
	831.7	WAY OF GIVING EVIDE.NCE	410
	SUBCLASS 832-CLOSE TIES	410
	832.1	INTERPRETATION	410
	832.2	PRIMARY CRITERIA	410
	832.21	Criteria to be satisfied at time of application	410
	832.22	Criteria to be satisfied at time of decision	411
	832.3	SECONDARY CRITERIA	412
	832.31	Criteria to be satisfied at time of application	412
	832.32	Criteria to be satisfied at time of decision	412
	832.4	CIRCUMSTANCES APPLICABLE TO GRANT	412
	832.5	WHEN VISA IS IN EFFECT	412
	832.6	CONDITIONS: Nil.	412
	832.7	WAY OF GIVING EVIDENCE	412
	SUBCLASS 833-CERTAIN UNLAWFUL NON-CITIZENS	413
	833.1	INTERPRETATION	413
	833.2	PRIMARY CRITERIA	413
	833.21	Criteria to be satisfied at time of application	413
	833.22	Criteria to be satisfied at time of decision	413
	833.3	SECONDARY CRITERIA	413
	833.31	Criteria to be satisfied at time of application	413
	833.32 Criteria to be satisfied at time of decision	413
	833.4	CIRCUMSTANCES APPLICABLE TO GRANT	414
	833.5	WHEN VISA IS IN EFFECT	414
	833.6	CONDITIONS: Nil.	414
	833.7	WAY OF GIVING EVIDENCE	414
	SUBCLASS 834-PERMANENT RESIDENT OF NORFOLK ISLAND	414
	834.1	INTERPRETATION	414
	834.2 PRIMARY CRITERIA	414
	834.21	Criteria to be satisfied at time of application	414
	834.22	Criteria to be satisfied at time of decision	414
	834.3	SECONDARY CRITERIA: Nil.	414
	834.4	CIRCUMSTANCES APPLICABLE TO GRANT	415
	834.5	WHEN VISA IS IN EFFECT	415
	834.6	CONDITIONS: Nil.	415
	834.7	WAY OF GIVING EVIDENCE	415
	SUBCLASS 866-PROTECTION (RESIDENCE)	415
	866.1	INTERPRETATION	415
	866.2	PRIMARY CRITERIA	415
	866.21	Criteria to be satisfied at time of application	415
	866.22	Criteria to be satisfied at time of decision	415
	866.3	SECONDARY CRITERIA	416
	866.4	CIRCUMSTANCES APPLICABLE TO GRANT	416
	866.5	WHEN VISA IS IN EFFECT	416
	866.6	CONDITIONS: Nil.	416
	866.7	WAY OF GIVING EVIDENCE	416
	SUBCLASS 995-DIPLOMATIC (TEMPORARY)	416
	995.1	INTERPRETATION	416
	995.2 PRIMARY CRITERIA	416
	995.21	(No criteria to be satisfied at time of application)	416
	995.22	Criteria to be satisfied at time of decision.	416
	995.3 SECONDARY CRITERIA: Nil.	416
	995.4	CIRCUMSTANCES APPLICABLE TO GRANT	416
	995.5	WHEN VISA IS IN EFFECT	416
	995.6	CONDITIONS	417
	995.7	WAY OF GIVING EVIDENCE	417
Schedule 3	Regulation 1.03		417
ADDITIONAL CRITERIA APPLICABLE TO UNLAWFUL NON-CITIZENS AND CERTAIN BRIDGING VISA HOLDERS
Schedule 4	Regulation 1.03		418
PUBLIC INTEREST CRITERIA
Schedule 5	Regulation 1.03		421
SPECIAL RETURN CRITERIA
THE TABLE REFERRED TO IN SUBCLAUSES 5004 (2) AND 5005 (2)
Schedule 6	Regulations 2.26 and 2.27		427
Part 1-Employment Qualification		427
PART 3-LANGUAGE SKILL QUALIFICATION
PART 4-RELATIONSHIP QUALIFICATION	433
PART 5-CITIZENSHIP QUALIFICATION	434
PART 6-SETTLEMENT OF SPONSOR QUALIFICATION	435
PART 7-LOCATION OF SPONSOR QUALIFICATION	437
SCHEDULE 7	437
PART 1-BUSINESS ATTRIBUTES	437
Division 1.1-Applicant's main business or main businesses	437
(Subclass 127 and 129 visas)	437
(Subdivision 1.1.1.‑annual turnover and employee levels	437
Division 1.2-Business employing the applicant
Schedule 8		440
Schedule 9		443
PART 1-PERSONS TO WHOM SPECIAL ARRANGEMENTS APPLY UNDER SECTION 166 OF THE ACT	443
PART 2-PERSONS NOT REQUIRED TO COMPLY WITH SECTION 166 OF THE ACT
PART 3-COUNTRIES WHOSE CITIZENS, WHEN TRANSIT PASSENGERS, ARE NOT REQUIRED TO COMPLY WITH SECTION 166 OF THE ACT		446
Schedule 10		446

READER'S GUIDE

WARNING:	 THIS GUIDE IS NOT A SUBSTITUTE FOR THE REGULATIONS. IT DOES NOT HAVE THE FORCE OF LAW.

This is a Reader's Guide to the Migration Regulations (the Regulations) which operate from 1 September 1994. It is a Guide to the concepts behind migration legislation, the terminology used and where to find things in the new regulations. 

This Guide comprises: 

•	a general introduction 

•	details of important changes made to migration law on 1 September 1994 

•	answers to some important questions 

•	details about the structure of the regulations

1	INTRODUCTION

Migration law establishes the legal principles which govern the lawful entry to and stay in Australia for non‑citizens. These principles are set out in the Migration Act 1958 (the Act) while the Regulations set out matters of detail, including the procedures and criteria which must be met.

The Commonwealth Department responsible for administering the Act and Regulations is the Department of Immigration and Ethnic Affairs. The Department produces policy guidance in companion documents to the Act and the Regulations called the Procedures Advice Manual (PAM3) and Migration Series Instructions (MSIs). They provide detailed guidance on interpreting the Regulations. PAM3 may be purchased from the Australian Government Publishing Service bookshops, and individual MSIs from Departmental offices.

In almost all cases applications for a visa need to be made using the relevant approved form. There are indexes of classes and subclasses following this Guide which will assist in identifying which visas may be applied for. New application forms were introduced on 1 September 1994. It is important that these forms are used in making an application for a visa and that they are completed according to directions. Failure to complete the application form correctly may result in delays in processing an application.

Where an application for a visa is made overseas, applications generally need to be made to an Australian mission. The visa will be granted if the legal requirements for the grant of the visa are satisfied. The visa will allow the non-citizen to travel to, enter and remain in Australia for a prescribed period. Certain conditions may be imposed on the grant of a visa and these may relate to employment, study, or the period within which a person may travel to, enter and/or remain in Australia. Evidence of the visa is generally in the form of a visa label which is placed in the passport.

Upon arrival in Australia, all persons must pass through immigration clearance. This normally involves producing a completed passenger card and, in the case of non‑citizens, their passport containing evidence of their visa. Australian citizens must evidence their citizenship ‑ this is most conveniently done by producing their Australian passports.

Where an application is made in Australia, applications for a visa may be made at an office of the Department in Australia. For example, a person who is visiting family in Australia for a holiday and who wishes to stay for a longer period would need to apply for another visa for that further period,

A non‑citizen in Australia whose visa ceases becomes unlawful, and is therefore subject to detention and removal from Australia.

2 	CHANGES

Overview

On 1 September 1994 major amendments to the Act came into effect. These amendments brought about changes to the law and policy underlying migration processes. The Regulations provide the details of those changes. Some of the more significant changes are set out below.

	(a)	the legal basis of entry to and stay in Australia and the status under the Act of non‑citizens has been simplified:

	• the visa has replaced the entry permit and entry visa as the sole authority to travel to, enter and/or remain in Australia. 
	• non‑citizens without a visa are unlawful and must be detained.

	(b)	a system of bridging visas has been created to allow non‑citizens to maintain lawful status in specified circumstances:

	a bridging visa is a temporary visa which provides lawful status to a non‑citizen who would otherwise be unlawful, eg, during the processing of an application for a substantive visa, or while arrangements are made to leave Australia, or during other times when the non‑citizen does not have a visa and the Department considers that it is not appropriate to detain the person.

	(c)	a legislative basis has been provided for immigration clearance procedures.

	(d)	codes of procedure relating to the making of certain decisions under the Act have been established:

	the Act provides for codes of procedure governing decisions on applications and decisions to cancel visas. The Regulations provide the details of the codes. The codified procedures are drawn from the rules of natural justice. The codes set out the process that decision makers are required to follow in making a decision. They are designed to provide decision makers with clear guidance on how to make fair decisions. The codes also apply to decisions of a review officer.

Some changes in terms

The following terms and concepts, relevant to the law before 1 September 1994, no longer apply:

Entry Permit	replaced by visa
Entry visa	replaced by visa
Travel‑only visa	replaced by visa
Exempt Non‑citizens	replaced mainly by special category and special purpose visas
Period of grace	no longer relevant
Prohibited entrant	replaced by unlawful non‑citizen
Prohibited person	replaced by unlawful non‑citizen
Unprocessed person	replaced by unlawful non‑citizen
Properly endorsed valid	no longer relevant
entry permit/entry visa
Section 20 Notice	no longer relevant

Some pre‑ 1 September terms have been replaced by new terms with some changes in meaning:

custody	replaced by immigration detention (which also covers non‑citizens on vessels in some cases)

illegal entrant	replaced by unlawful non‑citizen (a non‑citizen in Australia who does not hold a visa in effect. In practice many persons who were illegal entrants will not become unlawful non‑citizens because they will hold bridging visas)

deportation (of illegal entrants)	replaced by removal (a new scheme for removal of non‑citizens with no permission to be in Australia.

	The term "deportation" is retained for criminal and security deportations of visa holders (as they are not unlawful non‑citizens))

Other important terms

Lawful non‑citizen: a non‑citizen in Australia who holds a visa which is in effect and which allows the non‑citizen to remain in Australia.

Substantive visa: this is a new term. A substantive visa is a visa (whether permanent or temporary) other than a bridging visa or criminal justice visa. A criminal justice visa is a visa only granted in relation to the administration of certain criminal justice proceedings. (This Guide does not deal with issues relevant to criminal justice visas).

Permanent visa: a visa which gives the visa holder permission to remain in Australia indefinitely. This permission may carry with it a permission to travel to and enter Australia. If it does, the permission to remain in Australia is subject to the requirement that the person be in Australia at the time of the grant of the visa or have entered Australia within the period allowed for travel and entry. Classes of permanent visas are set out in the Act and in Part 1 of Schedule 1 of the Regulations.

Temporary visa: a visa which is granted subject to various conditions and gives permission to remain in Australia for a limited period of time. This visa may also give permission to travel to and enter Australia during a particular period and to remain for a specified period only if entry is made within the period allowed for travel and entry. The classes of temporary visa are listed in the Act and in Parts 2 and 3 of Schedule 1 of the Regulations.

Transitional visa: the term transitional is used to identify applications which were made before 1 September 1994. Visas and entry permits granted before that date were converted automatically to transitional visas. Applications which were unresolved on that date will result in the grant of transitional visas if successful. The visa typically confers the same rights and is subject to the same conditions as the relevant visa or entry permit previously held or applied for.

Visa Class / Visa Subclass:	an application must be made for a class of visa. Classes of visa are provided for by the Act and by the Regulations. In the Regulations classes are defined in Schedule 1 and comprise one or more subclasses. A subclass contains a set of criteria prescribed in Schedule 2 in the form of a 'recipe card'. An application for a visa of a particular class thus entitles the applicant to be considered against the criteria for all the subclasses within that class. A decision to grant a visa of a class signifies that the requirements for the grant of a visa of that class have been met. Where there is more than one subclass in the class this means that the requirements of at least one subclass have been met. A decision to refuse to grant a visa of a class means that the requirements for the grant of a visa of that class have not been met.

Valid application for a visa:	where an application is required to be made for the grant of a visa the application must be a valid application. If it is not a valid application then the application cannot be considered. For most cases Schedule 1 sets out requirements that need to be satisfied for an application to be valid. These include the payment of the required fee and the making of the application on the approved form.

Migration zone: for the purpose of the Regulations, the migration zone is equated to Australia. The term "migration zone" is a technical term defined in the Act. Broadly speaking, it covers the land mass of Australia and certain offshore Territories and installations; but not the territorial sea or the airspace above Australia.

3 	ANSWERS TO SOME QUESTIONS

This part of the Guide seeks to answer the following general questions that a reader may have regarding his or her personal circumstances.

(1) 	How do I know if I am a "lawful non‑citizen"?

Lawful non‑citizens hold a visa which gives permission to remain in Australia. If you are unsure of your status you should seek advice from the Department. In most cases your status will be clear from the visa evidence in your passport.

(2) 	What is a visa and when do I need one?

Subject to one limited exception, all non‑citizens in Australia need to hold a visa in effect that allows the holder to remain in Australia.

From 1 September 1994 the visa is the only form of permission for non‑citizens to travel to and enter, or to remain in Australia. The main purpose of a visa is to give visa holders legal permission to remain in Australia either temporarily or permanently. Your visa may also include permission to travel to and enter Australia. International airlines will not normally carry passengers who are not Australian or New Zealand citizens to Australia if they do not have appropriate visas, because the airlines face penalties if they do.

Citizens of New Zealand and permanent residents of Norfolk Island who meet certain requirements do not need visas to travel to Australia but require visas to remain in Australia.

(3) 	What happens if my visa expires?

A non‑citizen in Australia whose visa ceases becomes unlawful and so is liable for detention and removal from Australia. If you become unlawful and come to the notice of the Department you will not necessarily be immediately detained-you may be able to be granted a bridging visa.

You should also be aware that by becoming unlawful your right to apply for or be granted a visa may be restricted.

(4) 	Can I hold more than one visa at a time?

It is possible to hold more than one visa at a time provided that only one of those visas is in effect. If you hold a substantive visa and a bridging visa at the same time the bridging visa will not be in effect while your substantive visa is in effect. You cannot hold more than one substantive visa at the same time. If a new substantive visa is granted any existing substantive visa that you hold will cease. If you do not hold a substantive visa but hold more than one bridging visa only the most beneficial bridging visa will be in effect.

(5) 	If I need a visa can I be granted it without applying for it?

The general rule is that a visa cannot be granted unless an application has been made, but there are exceptions to this rule. The following groups of people are taken by the Regulations to be granted a visa without having to apply for the visa:

•	certain persons are "taken to hold" special purpose visas for the time that they come within the scope of the Regulations. Groups covered include ship and airline crews, official guests of the Australian Government, and certain specified military personnel.

•	certain unlawful non‑citizens who are incapable of making a valid application for a visa (eg a child) are eligible for the grant of a Bridging E visa in limited circumstances.

•	a child born in Australia to a temporary visa holder is taken to have been granted the same class of visa as held by the child's parent or parents. A child born in Australia to a permanent visa holder is an Australian citizen.

•	non‑citizens in Australia on 1 September 1994 who had unresolved applications for an entry permit on that date hold a bridging visa from that date. This maintains the lawful status of holders during the processing of their applications.

•	non‑citizens in Australia on 1 September 1994 who held entry permits or entry visas on that date hold a transitional visa.

The Act provides that certain ex‑citizens and long time residents of Australia hold visas.

(6) 	How do I apply for a visa?

If you are one of the vast majority of non‑citizens who do not come within one of the groups of people listed in question 5 above you will need to apply for a visa. In most cases you will need to apply on the approved form. New forms were introduced on 1 September and it is most important that you use the new form.

Some people are exempt from completing an approved form because they are deemed by the regulations to be an applicant for a visa. They include:

•	a child born between the time of an application and the time of decision on an application. The birth of the child is a change of circumstance which must be notified on an approved form.

•	in limited circumstances non‑citizens in Australia who make an invalid application for a substantive visa are taken to have applied for a Bridging D visa.

•	non‑citizens who were in Australia on 1 September 1994 and had unresolved applications for an entry permit on that date are taken to be applicants for a transitional visa.

You should be aware that if you are in Australia and do not hold a substantive visa and a decision is made to refuse to grant you a visa then restrictions do apply to your future right to make further applications for the grant of a visa. You will only be entitled to apply for a prescribed class of visa. If the decision to refuse to grant you a visa related to an application by you for a protection visa, additional limitations apply to any further protection visa application you may make.

(7) 	Can I apply for more than one visa at a time?

Nothing prevents you from applying for more than one visa at a time. You will need to comply, in respect of each application, with all the requirements for the making of applications. This will usually involve you paying a separate fee for each application.

(8) 	What will a visa application cost?

The fees applicable (if any) for an application for each class of visa are set out in Schedule 1. Depending upon the class of visa for which you apply, you may also need to pay an additional fee for such things as an assessment of occupational qualifications.

(9) 	Do I need to advise the Department if I change my address?

You must tell the Department where you intend to live while your application is being processed. If you will be changing your address for more than 14 days you must tell the Department your new address and how long you intend to be there. A form is available for this purpose.

(10)	What do I do if my circumstances change?

You have an obligation to notify the Department in writing if any of the information that is included in or with your application form (or provided later in support of your application) changes. This obligation applies whether you are in Australia or overseas. If your application was made in Australia your obligation applies only to changes in circumstances before the visa is granted. If your application was made outside Australia the obligation to advise of changes of circumstances continues after the grant of the visa.

The information that you provide to the Department will be used when considering whether to grant or refuse to grant you a visa. If you fail to notify the Department of a change in your circumstances any visa that is granted to you may be cancelled before or after you have arrived in Australia.

(11)	How do I communicate with the Department regarding my application?

You are normally expected to communicate in writing.

The Act sets out certain procedures that must be followed for communications between the applicant and the Minister or the Department regarding an application for a visa. The Regulations provide details regarding the procedures.

You should note that the Department can specify times allowed for responses to requests for further information or comments and requests to attend an interview.

It is not an offence to fail to respond as required. However, if you fail to do so this may be to your detriment as the decision maker will not have the benefit of the additional information you have been asked to provide to assist in the decision making process.

(12)	Will I receive evidence of my visa if my application is successful?

The most common way in which evidence of the grant of the visa is given is by placing a visa label in your passport. In some cases no evidence of the grant of the visa is required to be given.

(13)	What will my visa permit me to do?

The visa permits the holder to travel to and enter Australia, and/or to remain in Australia. Holders of permanent visas are permitted to remain in Australia indefinitely. Holders of temporary visas are permitted to remain for the specified period. The period varies depending on the class of visa.

Your visa may be granted subject to certain conditions which will govern what you are entitled to do as the holder of the visa and may also require you to do certain things for your visa to remain in effect (eg. travel to Australia within a certain time).

(14)	If I am granted a bridging visa can I remain in Australia permanently?

The grant of a bridging visa will not permit you to remain in Australia permanently. It will maintain your lawful status in certain situations, for example during the processing of your application for a substantive visa.

If you wish to remain permanently you will need to apply for and be granted a substantive visa which allows you to remain permanently.

(15)	Can I apply for permission to work?

If you held a substantive visa at the time of application for another substantive visa, the bridging visa granted to you will normally continue the permission to work conditions of the visa you held. If the visa you held did not permit work you will not be entitled under the bridging visa to engage in work.

If you do not have permission to work or if you only have a restricted permission to work, you may be able to apply for another bridging visa with permission to work.

(16)	Will my visa cease when I leave Australia?

Your visa may cease when you leave Australia. If you intend to return to Australia you should check before you leave Australia whether your visa will permit you to return, and the time limit for returning to Australia that applies in your case.

(17)		Am I required to provide information and documents to the Department when I arrive in Australia or leave Australia?

Subject to limited exceptions every non‑citizen who arrives in Australia must pass through immigration clearance. In most cases you will need to produce a completed passenger card and provide evidence of your status. You would normally do this by producing the passport which contains evidence of your visa.

A non‑citizen who reaches Australia without a visa will be required to leave Australia immediately unless he or she is eligible to apply for a limited number of classes of visa that can be applied for on arrival.

(18)	What happens to my visa if my passport is lost or stolen?

If you lose a passport this does not affect the visa granted to you. Your passport contains evidence of the grant of the visa rather than the visa itself. The visa is the permission that is given to you to travel to, enter and/or remain in Australia.

You should obtain a new passport from the country that issued it and present the new passport at a Departmental office for re‑evidencing of the visa. There is a fee for re‑evidencing some visas.

(19)	Can I appeal the decision to refuse to grant a visa or to cancel a visa?

Yes in most cases. When you are notified of a decision to refuse to grant or to cancel a visa you will also be advised as to whether you may seek a review of the decision made. Depending on the nature of the decision, any right of review you have will be to the Migration Internal Review Office, the Immigration Review Tribunal, the Refugee Review Tribunal or the Administrative Appeals Tribunal. The review in each case will be a review of the merits of the decision.

If this review is unsuccessful it is possible to seek review of that decision by the Federal Court. Part 8 of the Act is relevant for this purpose. The review by the Court is not a review of the merits of the decision. It is a review of the lawfulness of the decision making process.

4	THE STRUCTURE OF THE REGULATIONS

This part of the Guide provides a brief explanation of the structure of the Regulations. The Regulations are divided into five parts and ten schedules. If you want information regarding your eligibility for the grant of a visa you will find that Schedules 1 and 2 provide the most useful starting point.

A brief description of each Part and Schedule follows:

Part 1 ‑ Preliminary

This contains an extensive list of interpretation provisions. These are words and phrases which are given a specific meaning by the Regulations. Wherever these appear within the Regulations they have that meaning ‑ unless in any particular regulation or groups of regulations another meaning is specifically given to the word or phrase. To understand the Regulations you must keep these meanings in mind.

Also included in this Part are provisions relating to the administration of the Regulations. The relevant regulations authorise the delegation of powers vested in the Minister and the Secretary, allow for the approval of forms and allow for specification of matters by Gazette Notice.

Part 2 ‑ Visas

This Part contains provisions which deal with the relationship between classes and subclasses. In particular this Part covers Classes of visas, and Criteria and Conditions [Division 2.1], Applications [Division 2.2], Communications between the applicant and the Minister [Division 2.3], Evidence of visas [Division 2.4], Bridging visas [Division 2.5], Prescribed qualifications ‑ the application of the Points Test [Division 2.6], Assurances of Support [Division 2.7], Special Purpose Visas [Division 2.8] and Visa Cancellation [Division 2.9].

Part 3 ‑ Immigration clearance and collection of information

This Part is not about visas. It sets out the information and documentation that must be provided by:

•	persons arriving in and leaving Australia; 

•	persons undertaking domestic travel on an overseas vessel; and 

•	the master of a vessel regarding passengers and crew.

Part 4 ‑ Review of Decisions

Most decisions concerning the grant, refusal or cancellation of a visa in Australia are reviewable by the Migration Internal Review Office, the Immigration Review Tribunal, the Refugee Review Tribunal or the Administrative Appeals Tribunal [Parts 5‑8 of the Act and Part 4 of the Regulations refers]. The letter that notifies you of such a decision will contain details of your review rights, if any, including the name of the review authority and the time limit for making a review application. It is important that you act promptly because there are strict time limits for making review applications.

Part 5 ‑ Miscellaneous

Part 5 of the Regulations contains a wide variety of provisions. Some of these regulations, such as those which deal with the service of documents and with fees, are relevant to all visas.

Schedule 1

Schedule 1 sets out the various classes of visa that are prescribed in the Regulations. It is divided into three parts dealing with permanent visas, temporary visas and bridging visas. Within each part of the Schedule, the classes of visa in each of these broad categories are set out in alphabetic order. An index of the classes of visa set out in Schedule 1 is also included in the Regulations.

Each class of visa has a name and a unique two letter alphabetic code. This code is used for administrative purposes only.

Schedule 1 prescribes the approved form on which an application for each class must be made, the applicable fee (if any) and other requirements regarding when an application can be combined, and where the application must be made and where the applicant must be at the time of application. Each subclass has a 3-digit subclass number. For example, subclass 124 is the Distinguished Talent (Australian Support) subclass.

Schedule 2

This Schedule is divided into the various subclasses that are prescribed in Schedule 1. Each subclass is identified by a unique 3‑digit numeric code (eg 124) and a descriptive label. The subclasses appear in numeric order.

All the subclasses in Schedule 2 are organised in a standard way ("xxx" represents the 3‑digit numeric code for the subclass (eg 124.1, 124.2, and so on)).

•	xxx.1 Interpretation. This includes any words that have a special meaning that is limited to the subclass. General words and phrases are in Part 1.

•	xxx.2 Primary criteria. These criteria apply to an applicant for a visa. Each applicant needs to satisfy the primary criteria unless they are a member of the family unit of a person who satisfies the primary criteria. Depending on the subclass, there may be some criteria that must be satisfied at the time of application and other criteria that must be satisfied at the time of decision.

		Criteria are either spelled out in full or are listed as 4‑digit code numbers that start with 3, 4 or 5 (eg 3002, 4006, 5009). The text for such criteria are then set out in full in other schedules. The first digit indicates where the criteria is to be found eg; 3002 is in Schedule 3.

•	xxx.3 Secondary criteria. These criteria must be satisfied by applicants who are the members of the family unit of a person who satisfies the primary criteria. The term 'member of the family unit' is defined in regulation 1.12 in Part 1 of the Regulations. Depending on the subclass, there may be some secondary criteria that must be satisfied at the time of application and other criteria that must be satisfied at the time of decision. Criteria are either spelled out in full or are listed by code number in the same way as in xxx.2. Every applicant must satisfy the primary criteria if a subclass does not provide for secondary criteria.

•	xxx.4 Circumstances applicable to grant. This will list any special circumstances that must be satisfied at the time when a visa is granted. For example, it may be a requirement that the applicant be in Australia but not be in immigration detention at the time that the visa is granted. If the circumstances set out are not satisfied the visa cannot be granted.

•	xxx. 5 When visa is in effect. This provides details about the period of time the visa permits a person to remain in Australia and about the period during which the holder may travel to and enter Australia.

•	xxx.6 Conditions. Visas may be granted subject to conditions. Conditions are either set out in full or are listed as 4‑digit numbers that start with 8. Where a condition is listed by number this is a reference to a condition explained in Schedule 8. Some conditions must be imposed for certain subclasses, and some conditions may be imposed at the discretion of the Minister or delegate. A .condition cannot be imposed on a visa of a particular subclass if, it is not listed in the appropriate part of Schedule 2 for that subclass.

•	xxx.7 Way of giving evidence. This describes the way of giving evidence of the grant of a visa in relation to the subclass. This is normally by placing a visa label in the non‑citizen's passport.

Schedule 3 ‑ Additional Criteria

This Schedule sets out the complete text for the additional criteria that may be applicable to unlawful non‑citizens and certain bridging visa holders. Each criterion in Schedule 3 has a unique 4‑digit number that starts with 3. A criterion that is listed in this Schedule only applies to a subclass in Schedule 2 if its 4‑digit number appears in that subclass. 

Schedule 4 ‑ Public Interest Criteria 

This Schedule sets out the various prescribed public interest criteria. The criteria include matters such as the applicant's character, health, and potential to overstay, and have been set so that any non‑citizen wishing to enter Australia must meet certain general standards in accord with the national interest of the Australian community. These criteria apply whether the noncitizen wishes to enter Australia for a long or short stay. Each criterion in Schedule 4 has a unique 4‑digit number that starts with 4. A public interest criterion that is set out in this Schedule only applies to a subclass in Schedule 2 if its 4‑digit number appears in that subclass.

Schedule 5 ‑ Special Return Criteria

This Schedule sets out the additional criteria that certain persons must satisfy before they will be granted permission to travel to Australia. The criteria specifies that in certain circumstances individuals must have applied for a visa only after a set period has elapsed after leaving Australia. Each criterion in Schedule 5 has a unique 4‑digit number that starts with 5. A special return criterion that is set out in this schedule only applies to a subclass in Schedule 2 if its 4‑digit number appears in that subclass.

Schedule 6 ‑ General Points Test ‑ Qualifications and Points

	Concessional Family (Migrant) and Independent (Migrant) visas cannot be granted unless the applicant scores a certain number of points when assessed against the general points test. Schedule 6 sets out the details of this test.

The calculation of the points score is governed by Division 2.6 of the Regulations. The operation of the general points test is controlled by sections 92‑96 of the Act. The relevant applicable pass mark and applicable pool mark is Gazetted from time to time.

Schedule 7 ‑ Business Skills Points Test ‑ Attributes and Points

A Business Skills (Migrant) visa cannot be granted unless the applicant scores a certain number of points when assessed against the business skills points test. Schedule 7 sets out the details of this test.

The calculation of the business skills points score is governed by clause xxx.222 in each of subclasses 127, 128, 129 and 130 in Schedule 2. The relevant business skills pass mark is Gazetted from time to time.

Schedule 8 ‑ Visa Conditions

Schedule 8 sets out the conditions which may be imposed on a visa.

Each condition in Schedule 8 has a unique 4‑digit number that starts with 8. A condition that is set out in this Schedule only applies to a subclass in Schedule 2 if its 4‑digit number appears in that subclass.

Schedule 9

This Schedule is relevant to the obligation to provide information and documentation under section 166 of the Act. This section provides that all persons arriving in Australia may be required to show a clearance officer evidence of their identity and give such information as the regulations require.

Schedule 10

This Schedule contains prescribed forms (notices, warrants etc) used under the Regulations. It is not concerned with forms for the applications for a visa - these are approved forms and are set out in Schedule 1.

CLASSES OF VISAS

PERMANENT VISAS

CLASS

Adoption (Migrant) (Class AA)
Burmese in Burma (Special Assistance) (Class AB)
Burmese in Thailand (Special Assistance) (Class AC)
Business Skills (Migrant) (Class AD)
Cambodian (Special Assistance) (Class AE)
Camp Clearance (Migrant) (Class AF)
Change in Circumstances (Residence) (Class AG)
Child (Migrant) (Class AH)
Citizens of Former Yugoslavia (Special Assistance) (Class AI)
Concessional Family (Migrant) (Class AJ)
Confirmatory (Residence) (Class AK)
Distinguished Talent (Migrant) (Class AL)
East Timorese in Portugal (Special Assistance) (Class AM)
Employer Nomination (Migrant) (Class AN)
Family (Residence) (Class AO)
Family of NZ Citizen (Migrant) (Class AP)
Former Citizen (Migrant) (Class AQ)
Former Resident (Migrant) (Class AR)
General (Residence) (Class AS)
Independent (Migrant) (Class AT)
Labour Agreement (Migrant) (Class AU)
Minorities of Former USSR (Special Assistance) (Class AV)
Norfolk Island Permanent Resident (Residence) (Class AW)
Parent (Migrant) (Class AX)
Preferential Relative (Migrant) (Class AY)
Protection (Class AZ)
Refugee and Humanitarian (Migrant) (Class BA)
Return (Residence) (Class BB)
Spouse (Migrant) (Class BC)
Sudanese (Special Assistance) (Class BD)
Territorial Asylum (Residence) (Class BE)

TEMPORARY VISAS

Border (Temporary) (Class TA) 
Business (Temporary) (ClassTB) 
Citizens of Former Yugoslavia (Temporary) (Class TC) 
Confirmatory (Temporary) (Class TD) 
Cultural/Social (Temporary) (Class TE) 
Diplomatic (Temporary) (Class TF) 
Domestic Worker (Temporary) (Class TG) 
Educational (Temporary) (Class TH) 
Emergency (Temporary) (Class TI) 
Expatriate (Temporary) (Class TJ) 
Extended Eligibility (Temporary) (Class TK) 
Family Relationship (Temporary) (Class TL) 
Interdependency (Temporary) (Class TM) 
Long Stay (Visitor) (Class TN) 
Prospective Marriage (Temporary) (Class TO) 
Resident Return (Temporary) (Class TP) 
Retirement (Temporary) (Class TQ) 
Short Stay (Visitor) (Class TR) 
Special Category (Temporary) (Class TY) 
Special Tourist (Visitor) (Class TS) 
Sri Lankan (Temporary) (Class TT) 
Student (Temporary) (Class TU) 
Supported Dependent (Temporary) (Class TW) 
Transit (Temporary) (Class TX) 
Working Holiday (Temporary) (Class TZ)

BRIDGING VISAS

Bridging A (Class WA) 
Bridging B (Class WB) 
Bridging C (Class WC) 
Bridging D (Class WD) 
Bridging E (Class WE)

ALPHABETICAL LIST OF SUBCLASSES

SUBCLASS TITLE

Adoption (102)
Aged Parent (804)
Border (773)
Bridging (Class A) (010)
Bridging (Class B) (020)
Bridging (Class C) (030)
Bridging (Prospective Applicant) (040)
Bridging (Non‑Applicant) (041)
Bridging (Prospective Protection Visa Applicant) (042)
Bridging (Class EAA) (050)
Burmese in Thailand (213)
Burmese (211)
Business (Long stay) (682)
Business Visitor (short stay) (672)
Business Owner (127)
Cambodian (214)
Camp Clearance (205)
Certain Unlawful Non‑Citizens (833)
Child (802)
Child (101)
Citizens of the Former Yugoslavia ‑ Displaced Persons (209)
Citizens of Former Yugoslavia (443)
Close Family (short stay) (673)
Close Ties (832)
Close Family (Long stay) (683)
Concessional Family (105)
Confirmatory (808)
Confirmatory (446)
Dependent Child (445)
Diplomatic or Consular (426)
Diplomatic (995)
Distinguished Talent (Australian Support) (124)
Distinguished Talent and Special Service (independent) (125)
East Timorese in Portugal (208)
Educational (418)
Emergency (Permanent Visa Applicant) (302)
Emergency Rescue (203)
Emergency (Temporary Visa Applicant) (303)
Employer Nomination Scheme (121)
Entertainment (420)
Exchange (411)
Executive (413)
Expatriate (432)
Family of New Zealand Citizen (152)
Family Relationship (425)
Family (806)
Five Year Return (155)
Foreign Government Agency (415)
Former Citizen (150)
Former Resident (151)
Global Special Humanitarian (202)
In‑Country Special Humanitarian (201)
Independent (126)
Independent Executive (412)
Interdependency (305)
Interdependency (826)
Interdependency (814)
Iranian Postgraduate (562)
Iranian Postgraduate Student Dependant (563)
Labour Agreement (120)
Media and Film Staff (423)
Medical Treatment (Long stay) (685)
Medical Treatment (short stay) (675)
Medical Practitioner (422)
Minorities of Former USSR (210)
Norfolk Island (834)
Occupational Trainee (442)
One Year Return (156)
Overseas Executive (427)
Parent (103)
Preferential Family (104)
Prospective Marriage Spouse (831)
Prospective Marriage (300)
Protection (866)
Public Lecturer (424)
Refugee (200)
Religious Worker (428)
Resident Return (159)
Retirement (410)
Senior Executive (128)
Skilled (805)
Special Category (444)
Special Tourist (661)
Special Program (416)
Specialist (414)
Sport (421)
Spouse (801)
Spouse (820)
Spouse (100)
Sri Lankan (435)
State/Territory Sponsored Business Owner (129)
State/Territory Sponsored Senior Executive (130)
Student (560)
Sudanese (212)
Supported Dependent (430)
Territorial (800)
Three Month Return (157)
Tourist (Long Stay) (680)
Tourist (Short Stay) (670)
Transit (771)
Visiting Academic (419)
Visitor Other (Long Stay) (684)
Visitor Other (Short Stay) (674)
Woman at Risk (204)
Working Holiday (417)

NUMERICAL LIST OF SUBCLASSES

SUBCLASS	SUBCLASS TITLE

010	Class A
020	Class B
030	Class C
040	Prospective Applicant
041	Non‑applicant
042	Prospective Protection Visa Applicant
050	Subclass EAA
100	Spouse
101	Child
102	Adoption
103	Parent
104	Preferential Family
105	Concessional Family
120	Labour Agreement
121	Employer Nomination Scheme
124	Distinguished Talent (Australian Support)
125	Distinguished Talent and Special Service (Independent)
126	Independent
127	Business Owner
128	Senior Executive
129	State/Territory Sponsored Business Owner
130	State/Territory Sponsored Senior Executive
150	Former Citizen
151	Former Resident
152	Family of New Zealand Citizen
155	Five year return
156	One year return
157	Three month return
159	Resident return
200	Refugee
201	In‑country Special Humanitarian
202	Global Special Humanitarian
203	Emergency Rescue
204	Woman at Risk
205	Camp Clearance
208	East Timorese in Portugal
209	Citizens of the Former Yugoslavia ‑ Displaced Persons
210	Minorities of Former USSR
211	Burmese
212	Sudanese
213	Burmese in Thailand
214	Cambodian
300	Prospective marriage
302	Emergency (Permanent Visa Applicant)
303	Emergency (Temporary Visa Applicant)
305	Interdependency
410	Retirement
411	Exchange
412	Independent Executive
413	Executive
414	Specialist
415	Foreign government agency
416	Special Program
417	Working holiday
418	Educational
419	Visiting academic
420	Entertainment
421	Sport
422	Medical Practitioner
423	Media and Film Staff
424	Public Lecturer
425	Family Relationship
426	Diplomatic or Consular
427	Overseas executive
428	Religious Worker
430	Supported Dependent
432	Expatriate
435	Sri Lankan
442	Occupational Trainee
443	Citizens of former Yugoslavia
444	Special Category
445	Dependent Child
446	Confirmatory
560	Student
562	Iranian Postgraduate
563	562 Dependant
661	Special tourist
670	Tourist (short stay)
672	Business visitor (short stay)
673	Close family (short stay)
674	Other (short stay)
675	Medical treatment (short stay)
680	Tourist (Long stay)
682	Business (Long stay)
683	Close family (Long stay)
684	Other (Long stay)
685	Medical treatment (Long stay)
771	Transit
773	Border
800	Territorial
801	Spouse
802	Child
804	Aged Parent
805	Skilled
806	Family
808	Confirmatory
814	Interdependency
820	Spouse
826	Interdependency
831	Prospective Marriage Spouse
832	Close Ties
833	Certain Unlawful Non‑Citizens
834	Norfolk Is
866	Protection
995	Diplomatic

DEFINED TERMS

This list includes all the terms defined in either section 5 of the Migration Act 1958 or regulation 1.03. Definitions of terms in the Migration Act apply to the Regulations unless the term is specifically redefined in the Regulations. Some terms may be defined in particular provisions for the purposes of that provision or a small group of provisions (e.g., a single Part of the Regulations) only; those items are not included in this list. Note also that there are definitions in the Acts Interpretation Act 1901 which apply both to the Migration Act and the Regulations.

The list refers to the primary definition only; in some cases the primary definition is only a reference to a longer definition elsewhere in the Migration Act or Regulations (e.g., “balance of family test" is defined in regulation 1.03, but the definition in regulation 1.03 is only a reference to a long definition which makes up regulation 1.05).

TERM	WHERE DEFINED

AAT (Administrative Appeals Tribunal) Act	Act, s.442
AAT Act	Act, s.380
absorbed person visa	Act, s.5(1)
ACCESS test	regulation 1.03
adjacent area	Act, s.5(1)
administration of criminal justice	Act, s. 142
adoption	regulation 1.03
adoptive parent	regulations, Sched 2, subclass 102
adult child	regulations, Sched 2, subclass 804
adverse security assessment	Act, s.202(6)
aged dependent relative	regulation 1.03
aged parent	Act, s.5(1)
aged parent	regulation 1.03
AIDAB (Australian International Development Assistance Bureau) regulation 1.03
airline crew member	regulation 1.03
airline positioning crew member	regulation 1.03
allowed inhabitant of the Protected Zone	Act, s.5(1)
applicable form	Act, s.97
applicable pass mark	Act, s.5(1)
applicable pool mark	Act, s. 5 (1)
applicable priority mark	Act, s.5(1)
appropriate regional authority	regulation 1.03
approved appointment	regulation 1.03
approved form	regulation 1.03
approved form	Act, s.5(1)
area in the vicinity of the Protected Zone	Act, s.5(1)
Area A of the Zone of Cooperation	Act, s.5(1)
Arts Minister	regulations, Sched 2, subclass 420
Asia‑Pacific forces member	regulation 1.03
assessed score	Act, s.5(1)
assisted student	regulation 1.03
associate diploma	regulation 2.26(5)
assurance of support	regulation 1.03
assurance of support	regulation 2.30
assurance of support	regulation 2.35
AUD (Australian dollars)	regulation 5.36
AUD	regulation 1.03
Australia	Act, s. 142
Australian seabed	Act, s.5(1)
Australian sea installation	Act, s. 5 (1)
Australian passport	Act, s.5(1)
Australian permanent resident	regulation 1.03
Australian permanent resident	Act, s.337
Australian. resources installation	Act, s.5(1)
Australian waters	Act, s.5(1)
authorised officer	regulation 5.21
authorised officer	Act, s.5(1)
authorised officer	regulation 1.03
authorised official	Act, s. 142
authorising notice	Act, s.224(6)
award course	regulation 1.03
balance of family test	regulation 1.03
behaviour concern non‑citizen	Act, s.5(1)
Board	Act, s.275
boarding pass	regulation 3.09
boat	Act, s. 177
bogus document	Act, s.97
bogus document	regulation 1.03
bridging visa	Act, s.5(1)
brought into physical contact	Act, s. 5(1)
business skills points test	regulation 1.03
business visa	Act, s. 134(10)
business visa	Act, s.137
business visa	regulation 5.21
bypass immigration clearance	Act, s.5(1)
cancellation review applicant	Act, s.275
cancellation review application	Act, s.275
cancelled visa	Act, s. 140(3) (a)
carrier	Act, s.207
category A course	regulation 1.03
category A student	regulation 1.03
category B course	regulation 1.03
category B student	regulation 1.03
CER (Closer Economic Relations)	regulation 5.36
certificate or advanced certificate	regulation 2.26(5)
certified printout	Act, s.5(1)
child for adoption	regulations, Sched 2, subclass 102
clearance officer	Act, s. 165
clearance officer	regulation 1.03
close relative	regulation 1.03
coastal area	Act, s.5(1)
combined application for internal review	regulation 4.03
combined primary application	regulation 4.03
commencement	Act, s. 177
Commissioner	regulation 1.03
Commonwealth country	regulation 1.03
Commonwealth forces member	regulation 1.03
company	Act, s.337
compelling need to work	regulation 1.03
condition	regulation 1.03
continental shelf	Act, s.5(1)
controller	Act, s.207
Coral Sea area	Act, s.5(1)
costs	Act, s.207
court	regulations, Sched 2, subclass 820
court	Act, s.223(20)
court	Act, s.222(9)
court	Act, s.377(8)
crime	Act, s.5(1)
criminal detention	regulation 1.03
criminal justice certificate	Act, s.142
criminal justice entry certificate	Act, s.142
criminal justice entry visa	Act, s.142
criminal justice stay certificate	Act, s.142
criminal justice stay visa	Act, s.142
criminal justice stay warrant	Act, s.142
criminal justice visa	Act, s.142
criminal justice visa	Act, s.5(1)
criterion	Act, s.238
current employer	regulations, Sched 2, subclass 426
custody	regulation 1.03
custody transfer time	Act, s.254(2)
daily maintenance amount	Act, s.207
data base	Act, s.5(1)
date of latest entry	regulations, Sched 2, subclass 674
date of latest entry	regulations, Sched 2, subclass 675
date of latest entry	regulations, Sched 2, subclass 670
date of latest entry	regulations, Sched 2, subclass 673
debt	Act, s.264(1)
debtor	Act, s.264(1)
decision	Act, s.500(7)
degree	regulation 2.26(5)
departure prohibition order	Act, s.5(1)
dependent child	regulation 1.03
dependent	regulation 1.03
deportation	Act, s.5(1)
deportation order	Act, s.5(1)
deportee	Act, s.5(1)
designated person	Act, s. 177
detain	Act, s. 5(1)
detainee	regulation 5.35
detainee	Act, s. 5 (1)
diploma	regulation 2.26(5)
diplomatic or consular representative	Act, s. 5 (1)
Education	regulation 1.03
Education Minister	regulation 1.03
eligible business	Act, s. 134(10)
eligible business	regulation 1.03
eligible New Zealand citizen	regulation 1.03
eligible non‑citizen	Act, s.72
enter	Act, s. 5(1)
enter Australia	Act, s. 5(1)
entered	Act, s.5(1)
entrance applicant	Act, s.275
entrance application	Act, s.275
entry	Act, s. 5(1)
entry application	Act, s.177
entry permit	regulation 1.03
entry visa	regulation 1.03
environment related activity	Act, s. 5(1)
ex‑citizen visa	Act, s. 5(1)
exchange student	regulation 1.03
Federal Court	Act, s. 5(1)
fiscal year	regulation 1.03
Foreign Affairs	regulation 1.03
foreign armed forces dependant	regulation 1.03
foreign government agency	regulations, Sched 2, subclass 415
Foreign Minister	regulation 1.03
foreign naval forces member	regulation 1.03
formal course	regulation 1.03
future debtor	Act, s.267(1)
garnishee debtor	Act, s.265(1)
Gazette Notice	regulation 1.03
gazetted country	regulations, Sched 2, subclass 560
guardian	regulation 1.03
guest of Government	regulation 1.03
health concern non‑citizen	Act, s. 5(1)
health criterion	Act, s. 5(1)
highly skilled person	regulation 5.19(3)
holder	Act, s.5(1)
home country	regulation 1.03
identity document	Act, s. 5(1)
IELTS test (International English Language Testing System)	regulation 1.03
Immigration	regulation 1.03
immigration advisory service	Act, s.468(3)
immigration advisory service	Act, s.404(3)
immigration case	Act, s.275
immigration cleared	Act, s. 5(1)
immigration detention	Act, s.5(1)
Immigration Review Tribunal	Act, s.5(1)
in Australia	regulation 1.03
in immigration clearance	Act, s.5(1)
infringement notice	regulation 5.21
inhabitant of the Protected Zone	Act, s.5(1)
initial review decision	Act, s.413(1)(c)(iii)(A)
installation	Act, s.5(1)
intended spouse	regulations, Sched 2, subclass 100
interdependency relationship	Act, s.238
internally‑reviewable decision	Act, s.5(1)
international air carrier	Act, s.504(6)
international air carrier	regulation 1.03
IRT (Immigration Review Tribunal) ‑ reviewable decision	Act, s.5(1)
judicial review application	Act, s.413(1)(c)(iv)(B)
judicially‑reviewable decision	Act, s.5(1)
judicially reviewable decision	Act, s.474
labour agreement	regulation 1.03
labour market requirements	regulation 1.03
lawful non‑citizen	Act, s.5(1)
lawyer	Act, s.275
leave Australia	Act, s.5(1)
lodge an address for service	regulation 4.39
main business	regulation 1.03
major business	regulations, Sched 2, subclass 128
major business	regulations, Sched 2, subclass 130
marital relationship	regulation 1.03
master	Act, s.5(1)
medical treatment	regulation 5.35
member	Act, s.337
member	Act, s.383
member	Act, s.410
member	Act, s.445
member of a consular post	Act, s.280(7)
member of a diplomatic mission	Act, s.280(7)
member of an office of an international organisation	Act, s.280(7)
member of the crew	Act, s.5(1)
member of the crew	regulation 1.03
member of the family unit	Act, s. 134(10)
member of the family unit	regulation 1.03
member of the family unit	regulation 1.03
member of the Royal Family	regulation 1.03
member of the Royal party	regulation 1.03
migrant centres	Act, s.272(1)
migration procedure	Act, s.275
migration proceedings	Act, s.271(4)
migration zone	Act, s.5(1)
Migration (1959) Regulations	regulation 1.03
Migration (1989) Regulations	regulation 1.03
Migration (1993) Regulations	regulation 1.03
movement records	Act, s.5(1)
natural resources	Act, s.5(1)
near relative	regulations, Sched 2, subclass 209
nominated	Act, s.337
nominating spouse	regulations, Sched 2, subclass 801
nominating spouse	regulations, Sched 2, subclass 831
nominating spouse	regulations, Sched 2, subclass 820
nominator	regulations, Sched 2, subclass 814
non‑award course	regulation 1.03
non‑citizen	Act, s.5(1)
non‑disclosable information	Act, s.5(1)
non‑formal course	regulation 1.03
non‑formal course student	regulation 1.03
non‑military ship	regulation 1.03
NOOSR (National Office of Overseas Skills Recognition)	regulation 1.03
normal terminating event	Act, s.405(8)
normal terminating event	Act, s.469(9)
notified data base	Act, s.5(1)
notified detainee	Act, s.224(6)
Occupational English Test	regulation 1.03
occupational trainee	regulation 1.03
Occupations Requiring English Test	regulation 1.03
offence	regulation 5.21
offence against this Act	Act, s.5(1)
officer	regulation 3.01
officer	regulation 3.09
officer	Act, s.5(1)
official	Act, s.275
official	Act, s.84(6)
old visa	Act, s.5(1)
on‑port	Act, s. 165
Organisation	Act, s.202(6)
orphan relative	regulation 1.03
other visa	Act, s. 140(3) (c)
outside Australia	regulation 1.03
overseas passenger	regulation 1.03
overseas vessel	Act, s. 165
overseas vessel	regulation 3.09
overseas voyage	regulation 1.03
ownership interest	Act, s. 134(10)
ownership interest	regulation 1.03
paid immigration assistance	Act, s.275
parent parole	regulation 1.03
parliamentarian	Act, s.275
Part 5 reviewable decision	Act, s.337
particular date	Act, s.82(1)
passenger card	regulation 1.03
passenger card	Act, s.97
passport	Act, s.5(1)
periodic detention	regulation 1.03
permanent entry permit	regulation 1.03
permanent entry visa	regulation 1.03
permanent resident	Act, s.204(2)
permanent visa	Act, s.5(1)
points system	regulation 1.03
port	Act, s. 5(1)
PRC (People's Republic of China)	regulation 1.03
pre‑cleared flight	Act, s. 5(1)
predecessor class	regulations, Sched 2, subclass 560
preliminary visa	Act, s.238
prescribed	Act, s. 5(1)
prescribed	Act, s.93(2)
prescribed form	regulation 1.03
prescribed penalty	regulation 5.21
presiding member	Act, s.337
Principal Member	Act, s.337
Principal Member	Act, s.410
principal visa	regulations, Sched 2, subclass 302
principal visa	regulations, Sched 2, subclass 303
printout	Act, s. 5(1)
priority occupation	regulation 2.26(5)
proclaimed airport	Act, s.5(1)
proclaimed port	Act, s. 5(1)
produce	Act, s.377(8)
produce	Act, s.439(8)
professional‑equivalent occupation	regulation 2.26(5)
prohibited non‑citizen	regulation 1.03
property	Act, s.222(9)
prospective adoptive parent	regulations, Sched 2, subclass 102
prospective spouse	regulations, Sched 2, subclass 300
protected area	Act, s. 5(1)
Protected Zone	Act, s.5(1)
public interest criterion	regulation 1.03
questioning detention	Act, s. 5(1)
reactivated bridging visa	Act, s.68 (1)(4)
Refugee Review Tribunal	Act, s. 5(1)
Refugees Convention	regulations, Sched 2, subclass 866
Refugees Convention	Act, s. 5(1)
Refugees Protocol	Act, s. 5(1)
refused immigration clearance	Act, s.5(1)
Register	Act, s.275
registered agent	Act, s.275
registered course	regulation 1.03
Registrar	Act, s.337
Registrar	Act, s.41 0
registration application	Act, s.275
registration application fee	Act, s.275
relative	regulation 1.03
relevant Australian authority	regulation 2.26(5)
relevant information	Act s. 120
relevant information	Act s.57
relevant visa	regulation 2.35
remain in Australia	Act, s. 5(1)
remaining criteria	regulations, Sched 2, subclass 446
remaining criteria	regulations, Sched 2, subclass 302
remaining criteria	regulations, Sched 2, subclass 303
remaining relative	regulation 1.03
remove	Act, s. 5(1)
remove	Act, s. 5(1)
renewal fee	Act, s.275
required assurance	regulation 2.35
resources installation	Act, s. 5(1)
resumption day	Act, s.84(1)
return visa	Act, s.134(10)
review authority	Act, s.275
review authority	regulation 1.03
review officer	Act, s.337
RRT (Refugee Review Tribunal) ‑reviewable decision	Act, s. 5 (1)
Schedule 3 criterion	regulation 1.03
school‑age dependant	regulation 1.03
score	Act, s. 5(1)
sea installation	Act, s. 5(1)
Sea Installations Act	Act, s. 5(1)
Secretary	Act, s. 5(1)
security assessment	Act, s.202(6)
senior office	Act, s.405(8)
Senior Member	Act, s.337
sentenced to imprisonment	Act, s. 5(1)
SES (Senior Executive Service) office	Act, s.463(4)
SES office	Act, s.399(5)
settled	regulation 1.03
SOFA (Status of Forces Agreement) forces civilian component member
	regulation 1.03
SOFA forces member	regulation 1.03
special category visa	Act, s. 5(1)
special need relative	regulation 1.03
special purpose visa	Act, s. 5(1)
special return criterion	regulation 1.03
specified period	Act, s.28
sponsor	regulation 1.03
sponsored	Act, s.337
sponsorship	regulation 1.03
spouse	regulation 1.03
State	Act, s. 142
stay visa	Act, s.238
subsidised student	regulation. 1.03
substantive visa	Act, s.5(1)
suspect	Act, s.250(1)
technical‑equivalent occupation	regulation 2.26(5)
temporary entry permit	regulation 1.03
temporary visa	Act, s. 5(1)
Territory	Act, s. 5(1)
the Act	regulation 1.03
the Australian relative	regulations, Sched 2, subclass 104
the child	regulations, Sched 2, subclass 103
the current course	regulations, Sched 2, subclass 560
the parties	regulations, Sched 2, subclass 300
the principal person	regulations, Sched 2, subclass 560
ticket	Act, s. 5 (1 )
Torres Strait Treaty	Act, s. 5(1)
tourism	regulation 1.03
trade certificate	regulation 2.26(5)
traditional activities	Act, s. 5(1)
traditional inhabitants	Act, s. 5(1)
trainees	regulation 1.03
transit passenger	regulation 1.03
Tribunal	Act, s.410
Tribunal	Act, s.202(6)
Tribunal	Act, s.337
Tribunal office	Act, s.473(2)
type A circumstances	regulations, Sched 2, subclass 560
type B circumstances	regulations, Sched 2, subclass 560
unlawful non‑citizen	Act, s. 5(1)
usual occupation	regulation 2.26(5)
usual occupation	regulations, Sched 2, subclass 105
usual occupation	regulations, Sched 2, subclass 126
valuables	Act, s.223(20)
vessel	Act, s. 5(1)
visa	Act, s. 5(1)
visa applicant	Act, s. 5(1)
visa holder	Act, s. 5(1)
visa period	Act, s. 5(1)
visa tax	Act, s. 5(1)
work	regulation 1.03
work	Act, s.160(3)
working age	regulation 1.03
working age parent	regulation 1.03
working day	Act, s.5(1)

Migration Regulations 1994 No. 268

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Migration Act 1958.

Dated 21 July 1994
BILL HAYDEN
Governor-General
By His Excellency’s Command,

NICK BOLKUS
Minister for Immigration and Ethnic Affairs
Part 1-Preliminary
Division 1.1-Introductory
1.01	Citation
		These Regulations may be cited as the Migration Regulations.
1.02	Commencement
		These Regulations commence on 1 September 1994.
Division 1.2-Interpretation
[NOTE:	This Division sets out definitions that apply to the Regulations as a whole. Elsewhere in the Regulations there may be definitions that have more limited application. A term defined in section 5 of the Act has the same meaning in the Regulations, in the absence of a contrary intention. An index of all the terms defined either in section 5 or in regulation 1.03 is set out in the list of Defined Terms at the front of the Regulations.]
1.03	Interpretation
		In these Regulations, unless the contrary intention appears:
"ACCESS test" means the Australian Assessment of Communicative English Skills test;
"adoption" has the meaning set out in regulation 1.04;
[NOTE:	"adopt" and "adopted" have corresponding meanings: see Acts Interpretation Act 1901, section 18A.]
"aged dependent relative", in relation to a person who is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen, means a relative who:
	(a)	has never married, or is widowed, divorced or formally separated from his or her spouse; and
	(b)	has been dependent on that person for a reasonable period, and remains so dependent; and
	(c)	is old enough to be granted an age pension under the Social Security Act 1991;
"aged parent" means a parent who is old enough to be granted an age pension under the Social Security Act 1991;
"AIDAB" means the Australian International Development Assistance Bureau within Foreign Affairs;
"airline crew member" means a person who:
	(a)	is employed by an international air carrier as an aircrew member; and
	(b)	travels to Australia in the course of his or her employment as a crew member on an aircraft; and
	(c)	who will depart Australia in the course of his or her employment as a member of the crew of, or a passenger on, an aircraft;
"airline positioning crew member" means a person who:
	(a)	is employed by an international air carrier as an aircrew member; and
	(b)	travels to Australia in the course of his or her employment as a passenger on an aircraft; and
	(c)	who will depart Australia as a member of the crew of an aircraft;
"appropriate regional authority", in relation to a State or Territory and applications for visas of a particular class, means a Department or authority of that State or Territory that is specified by Gazette Notice, for the purposes of these Regulations, in relation to the grant of visas of that class;
"approved appointment" means an appointment that, under subregulation 5.16 (1), is an approved appointment for the purpose of these Regulations;
"approved form" means a form approved by the Minister under section 495 of the Act or regulation 1.18, and a reference to an approved form by number is a reference to the form so approved and numbered;
"Asia-Pacific forces member" means a person who:
	(a)	is a member of the armed forces of Brunei, Fiji, Malaysia, Thailand or Tonga; and
	(b)	is travelling to Australia, or is in Australia, in the course of his or her duty; and
	(c)	holds military identity documents and movement orders issued from an official source of the relevant country;
"assisted student" means a student under:
	(a)	the Subsidised Overseas Students Program administered by Education; or
	(b)	a scholarship scheme, or a training program, that is approved by AIDAB;
"assurance of support", in relation to an application for the grant of a visa, means an assurance of support under Division 2.7;
"AUD", in relation to an amount of money, means Australian dollars;
"Australian permanent resident" means a non-citizen who, being usually resident in Australia, is the holder of a permanent visa;
"authorised officer" means an officer authorised by the Secretary for the purposes of the provision in which it occurs;
"award course" means a course of education or training leading to:
	(a)	the completion of a primary or secondary education program; or
	(b)	a degree, diploma, trade certificate or other formal award;
"balance of family test" has the meaning set out in regulation 1.05;
"bogus document" has the same meaning as in section 97 of the Act;
[NOTE:	The definition is:
"'bogus document', in relation to a person, means a document that the Minister reasonably suspects is a document that:
	(a)	purports to have been, but was not, issued in respect of the person; or 
	(b)	is counterfeit or has been altered by a person who does not have authority to do so; or
	(c)	was obtained because of a false or misleading statement, whether or not made knowingly;".]
"business skills points test" means the test set out in Schedule 7;
"category A course", in relation to the holder of a visa or entry permit granted before 1 September 1994, means a course of education or training that:
	(a)	is offered by an institution or other body or person in Australia that is a registered provider, for the purposes of the Education Services for Overseas Students (Registration of Providers and Financial Regulation) Act 1991, of that course in the State or Territory in which that person is undertaking, or proposes to undertake, it; and
	(b)	is either:
	(i)	a course of primary or secondary education; or
	(ii)	a post-secondary course (having as an entry requirement the successful completion of Year 12 studies or the equivalent) leading to the award of a degree, diploma (including an associate diploma and a graduate diploma) or graduate certificate or to an equivalent award;
"category A student" means a student who, immediately before 1 September 1994, held a Class 560 (student (category A)) entry permit granted under the Migration (1993) Regulations or a student (Category A) (code number 560) entry permit granted under the Migration (1989) Regulations;
"category B course", in relation to the holder of a visa or entry permit granted before 1 September 1994, means a course of education or training that:
	(a)	is offered by an institution or other body or person in Australia that is a registered provider, for the purposes of the Education Services for Overseas Students (Registration of Providers and Financial Regulation) Act 1991, of that course in the State or Territory in which that person is undertaking, or proposes to undertake, it; and
	(b)	is not a category A course;
"category B student" means a student who, immediately before 1 September 1994, held a Class 561 (student (category B)) entry permit granted under the Migration (1993) Regulations or a student (category B) (code number 561) entry permit under the Migration (1989) Regulations;
"clearance officer" has the meaning given by section 165 of the Act;
[NOTE:	the definition is:
"'clearance officer' means an officer, or other person, authorised by the Minister to perform duties for the purposes of (Division 5 of Part 2 of the Act)".]
"close relative", in relation to a person, means:
	(a)	the spouse of the person; or
	(b)	a child, adopted child, parent, brother or sister of the person; or
	(c)	a step-child, adopted step-child, step-parent, step-brother or step-sister of the person;
"Commissioner" means a Commissioner appointed under section 203 of the Act;
"Commonwealth country" means each of the following countries:
	(a)	Antigua;
	(b)	Bahamas;
	(c)	Barbados;
	(d)	Belize;
	(e)	Canada;
	(f)	Grenada;
	(g)	Jamaica;
	(h)	Mauritius;
	(j)	New Zealand;
	(k)	Papua New Guinea;
	(l)	Saint Lucia;
	(m)	Saint Vincent and the Grenadines;
	(n)	Solomon Islands;
	(p)	St Christopher and Nevis;
	(q)	Tuvalu;
	(r)	the United Kingdom of Great Britain and Northern Ireland;
"Commonwealth forces member" means a person who:
	(a)	is a member of the armed forces of a Commonwealth country; and
	(b)	is travelling to Australia in the course of his or her duty; and
	(c)	holds military identity documents and movement orders issued from an official source of the relevant country;
"compelling need to work" has the meaning set out in regulation 1.08;
"condition" means a condition set out in a clause of Schedule 8, and a reference to a condition by number is a reference to the condition set out in the clause so numbered in that Schedule;
"criminal detention" has the meaning set out in regulation 1.09;
"custody", in relation to a child, means:
	(a)	the right to have the daily care and control of the child; and
	(b)	the right and responsibility to make decisions concerning the daily care and control of the child;
"dependent", in relation to a person, means wholly or substantially dependent on another person for financial, psychological or physical support;
"dependent child" means the natural or adopted child of a person (other than a child who is a spouse or engaged to be married), being a child:
	(a)	who:
	(i)	has not turned 18; and
	(ii)	is wholly or substantially in the daily care and control of that person; or
	(b)	who:
	(i)	has turned 18; and
	(ii)	is dependent on that person; or
	(c)	who is wholly or substantially incapacitated for work because of a disability of a kind referred to in paragraphs (a) to (g) of the definition of "disability" in subsection 4 (1) of the Disability Discrimination Act 1992;
"Education" means the Department of Employment, Education and Training;
"Education Minister" means the Minister for Employment, Education and Training;
"eligible business" has the meaning given to it in subsection 134 (10) of the Act;
"eligible New Zealand citizen" means a New Zealand citizen who:
	(a)	is the holder of a special category visa; and
	(b)	is usually resident in Australia; and
	(c)	at the time of his or her last entry to Australia, would have satisfied public interest criteria 4001 to 4004 and 4007 to 4009;
"entry permit" has the meaning given by subsection 4 (1) of the Act as in force immediately before 1 September 1994, and includes an entry visa operating as an entry permit;
"entry visa" has the meaning given by subsections 4 (1) and 17 (5) of the Act as in force immediately before 1 September 1994;
"exchange student" means an overseas secondary school student participating in a secondary school student exchange program approved by:
	(a)	the State or Territory education authority that administers the program; and
	(b)	the Education Minister;
"fiscal year", in relation to a business, means:
	(a)	if there is applicable to the business by law an accounting period of 12 months-that period; or
	(b)	in any other case-a period of 12 months approved by the Minister in writing for that business;
"Foreign Affairs" means the Department of Foreign Affairs and Trade;
"foreign armed forces dependant" means a person who:
	(a)	is the spouse of, or a dependent relative of:
	(i)	an Asia-Pacific forces member; or
	(ii)	a Commonwealth forces member; or
	(iii)	a SOFA forces member; or
	(iv)	a SOFA forces civilian component member; and
	(b)	holds a valid national passport and a certificate that he or she is the spouse, or a dependent relative, of a person referred to in subparagraph (a) (i), (ii), (iii) or (iv); and
	(c)	is accompanying or joining a person of that kind;
[NOTE:	Under section 10 of the Australian Citizenship Act 1948, a child born in Australia on or after 26 January 1949 but before 20 August 1986 acquired Australian citizenship by birth. A child born in Australia on or after 20 August 1986 acquired Australian citizenship by birth only if one or both of the parents was an Australian citizen or Australian permanent resident. For details see s. 10 of that Act.]
"foreign naval forces member" means a person who forms part of the complement of a ship of the regular armed forces of a foreign government and is on board the ship;
"Foreign Minister" means the Minister for Foreign Affairs;
"formal course", in relation to the holder of a visa or entry permit granted before 1 February 1991, means:
	(a)	a course of study at a primary or secondary school approved, or within a class of schools approved, by the Education Minister in writing for the purposes of the definition of "formal course" in subregulation 2 (1) of the Migration (1989) Regulations; or
	(b)	any course of study approved in writing by the Education Minister as a formal course for the purposes of that definition; or
	(c)	a course of study at a technical and further education institution, or at a higher education institution, leading to a formal award such as a degree or diploma;
"Gazette Notice" means:
	(a)	a notice in the Gazette by the Minister that is authorised by the Act; or
	(b)	a notice under regulation 1.17;
"guardian", in relation to a child, means a person who:
	(a)	has responsibility for the long-term welfare of the child; and
	(b)	has, in relation to the child, all the powers, rights and duties that are vested by law or custom in the guardian of a child, other than:
	(i)	the right to have the daily care and control of the child; and
	(ii)	the right and responsibility to make decisions concerning the daily care and control of the child;
"guest of Government" means:
	(a)	an official guest of the Australian government; or
	(b)	a spouse or dependent relative of a person referred to in paragraph (a) who is accompanying that person; and includes:
	(c)	a member of the personal or official staff of a guest of Government, being a member who is accompanying that guest; and
	(d)	a media representative accompanying the official party of a guest of Government;
"home country", in relation to a person, means:
	(a)	the country of which the person is a citizen; or
	(b)	if the person is not usually resident in that country, the country of which the person is usually a resident;
"IELTS test" means the International English Language Testing System test;
"Immigration" means the Department of Immigration and Ethnic Affairs;
"international air carrier" has the meaning given by subsection 504 (6) of the Act;
"in Australia" means in the migration zone;
"labour agreement" means:
	(a)	a formal agreement entered into between the Minister, or the Education Minister, and a person or organisation in Australia under which an employer is authorised to recruit persons (other than the holders of permanent visas) to be employed by that employer in Australia; or
	(b)	a formal agreement entered into between the Minister and a sporting organisation under which the sporting organisation is authorised to recruit persons (other than the holders of permanent visas) to take part in the sporting activities of the sporting organisation, whether as employees or otherwise;
"labour market requirements" has the meaning set out in regulation 1.10;
"main business" has the meaning set out in regulation 1.11;
"marital relationship" includes a de facto relationship;
"member of the crew", in relation to a non-military ship, means:
	(a)	a person who is articled crew; or
	(b)	a person who is not articled crew but is employed on the ship under contract and is included in the crew list or the supernumerary crew list of the ship; or
	(c)	if the ship is a ship of the kind described in paragraph (b) of the definition of "non-military ship"-a person who is employed in scientific research conducted on or from the ship;
"member of the family unit" has the meaning set out in regulation 1.12;
"member of the Royal Family" means a member of the Queen's immediate family;
"member of the Royal party" includes:
	(a)	a member of the personal staff of the Queen who is accompanying Her Majesty in Australia; and
	(b)	a member of the personal staff of a member of the Royal Family, being a staff member who is accompanying that member of the Royal Family in Australia; and
	(c)	a media representative accompanying the official party of the Queen or of a member of the Royal Family in Australia; and
	(d)	a person who is accompanying the Queen or a member of the Royal Family in Australia as a member of the official party of the Queen or the member of the Royal Family;
"Migration (1959) Regulations" means the Regulations comprising Statutory Rules 1959 No. 35 and those Regulations as amended from time to time;
"Migration (1989) Regulations" means the Regulations comprising Statutory Rules 1989 No. 365 and those Regulations as amended from time to time;
"Migration (1993) Regulations" means the Regulations comprising Statutory Rules 1992 No. 367 and those Regulations as amended from time to time;
[NOTE:	The Migration (1993) Regulations are listed in full in Part 1 of the Schedule to the Migration Reform (Transitional Provisions) Regulations. They are repealed by regulation 42 of those Regulations but continue to apply to certain matters.]
"nominator" has the meaning given by regulation 1.13;
"non-award course" means a course of education or training that is not an award course;
"non-formal course", in relation to the holder of a visa or entry permit granted before 1 February 1991, means a course of study or training other than a formal course;
"non-formal course student", in relation to a visa or entry permit granted before 1 February 1991, means a person granted entry to Australia to attend a full-time non-formal course of study;
"non-military ship" means:
	(a)	a ship that is engaged in:
	(i)	commercial trade; or
	(ii)	the carriage of passengers for reward; or
	(b)	a ship that is owned and operated by a foreign government for the purposes of scientific research; or
	(c)	has been accorded public vessel status by Foreign Affairs; or
	(d)	a ship:
	(i)	that is being imported into Australia; and
	(ii)	of which the master has not entered into an agreement with the crew under the Navigation Act 1912;
"NOOSR" means the National Office of Overseas Skills Recognition within Education;
"occupational trainee" means a person who is in Australia as the holder of a Subclass 442 (Occupational Trainee) visa;
"Occupational English Test" means an Occupational English Test conducted by the National Language and Literacy Institute of Australia;
"Occupations Requiring English List" means the list mentioned in regulation 1.19;
"orphan relative" has the meaning set out in regulation 1.14;
"outside Australia" means outside the migration zone;
"overseas passenger" means:
	(a)	in relation to a vessel arriving at a port in Australia in the course of, or at the conclusion of, an overseas voyage-a passenger:
	(i)	who:
	(A)	was on board the vessel when it left a place outside Australia at the commencement of, or during the course of, the voyage; and
	(B)	whose journey in the vessel ends in Australia; or
	(ii)	who:
	(A)	was on board the vessel when it left a place outside Australia at the commencement of, or during the course of, the voyage; and
	(B)	intends to journey in the vessel to a place outside Australia; and
	(b)	in relation to a vessel leaving a port in Australia and bound for or calling at a place outside Australia-a passenger on board the vessel who:
	(i)	joined the vessel at a port in Australia; and
	(ii)	intends to journey in the vessel to or beyond that place outside Australia;
[NOTE:	Under the Act, "vessel" includes an aircraft, and "port" includes an airport.]
"overseas voyage", in relation to a vessel, means a voyage that commenced at, or during which the vessel called at, a place outside Australia;
"ownership interest" has the meaning given to it in subsection 134 (10) of the Act;
"parent" includes an adoptive parent and a step-parent;
"parole" means conditional release from prison before the completion of a sentence of imprisonment;
"passenger card" means a card of the kind referred to in section 506 of the Act;
"periodic detention" means a system of restriction of liberty by which periods at liberty alternate with periods in prison, and includes the systems of intermittent imprisonment known as day release and weekend release;
"permanent entry permit" means an entry permit that had effect without limitation as to time;
"permanent entry visa" means an entry visa that operated as, or was capable of operating as, a permanent entry permit;
"points system" means the system of assessment under Subdivision B of Division 3 of Part 2 of the Act;
"PRC" means the People's Republic of China;
"prescribed form" means a form set out in Schedule 10, and a reference to a prescribed form by number is a reference to the form so numbered in that Schedule;
"prohibited non-citizen" means a person who, on or before 18 December 1989, was a prohibited non-citizen within the meaning of the Act as in force at that time;
"public interest criterion" means a criterion set out in a clause of Schedule 4, and a reference to a public interest criterion by number is a reference to the criterion set out in the clause so numbered in that Schedule;
"registered course" means a course of education or training offered by an institution, body or person that is registered as a provider under section 5 of the Education Services for Overseas Students (Registration of Providers and Financial Regulation) Act 1991;
[NOTE:	A current list of registered courses appears in the Commonwealth Register of Institutions and Courses for Overseas Students kept under section 5 of the Education Services for Overseas Students (Registration of Providers and Financial Regulation) Act 1991.]
"relative", in relation to a person, means:
	(a)	in the case of an applicant for a Subclass 305 (Interdependency (Temporary)) visa, a Subclass 826 (Extended Eligibility (Interdependency)) visa, a Subclass 814 (Interdependency (Permanent)) visa, a Subclass 200 (Refugee) visa or a Protection (Class AZ) visa:
	(i)	a close relative; or
	(ii)	a grandparent, grandchild, aunt, uncle, niece or nephew, or a step-grandparent, step-grandchild, step-aunt, step-uncle, step-niece or step-nephew; or
	(iii)	a first or second cousin; or
	(b)	in any other case:
	(i)	a close relative; or
	(ii)	a grandparent, grandchild, aunt, uncle, niece or nephew, or a step-grandparent, step-grandchild, step-aunt, step-uncle, step-niece or step-nephew;
[NOTE:	"Close relative" is defined in this regulation: see above.]
"remaining relative" has the meaning set out in regulation 1.15;
"review authority" means:
	(a)	a person who is a review officer for the purposes of Part 5 of the Act; and
	(b)	the Immigration Review Tribunal; and for the purposes of Parts 010, 020, 030, 040, 041, 042 and 050 of Schedule 2, includes the Refugee Review Tribunal;
"Schedule 3 criterion" means a criterion set out in a clause of Schedule 3, and a reference to a Schedule 3 criterion by number is a reference to the criterion set out in the clause so numbered in that Schedule;
"school-age dependant", in relation to a person, means a member of the family unit of the person who has turned 5, but has not turned 19;
"settled", in relation to an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen, means lawfully resident in Australia for a reasonable period;
"SOFA forces civilian component member" means a person who:
	(a)	is, for the purposes of a Status of Forces Agreement between Australia and Papua New Guinea, Singapore or the United States of America, a member of the civilian component of the armed forces of one of those countries; and
	(b)	holds a national passport that is in force and a certificate that he or she is a member of the civilian component of the armed forces of the relevant country;
"SOFA forces member" means a person who:
	(a)	is, for the purposes of a Status of Forces Agreement between Australia and Papua New Guinea, Singapore or the United States of America, a member of the armed forces of one of those countries; and
	(b)	holds military identity documents and movement orders issued from an official source of the relevant country;
"special need relative", in relation to an Australian citizen usually resident in Australia, an Australian permanent resident usually resident in Australia or an eligible New Zealand citizen, means a relative who is willing and able to provide substantial and continuing assistance to the citizen or resident if:
	(a)	the citizen or resident has a permanent or long-term need for assistance because of death, disability, prolonged illness or other serious circumstances affecting the citizen or resident personally, or a member of his or her family unit; and
	(b)	the assistance cannot reasonably be obtained from:
	(i)	any other relative of the citizen or resident, being a relative who is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen; or
	(ii)	welfare, hospital, nursing or community services in Australia;
"special return criterion" means a criterion set out in a clause of Schedule 5, and a reference to a special return criterion by number is a reference to the criterion set out in the clause so numbered in that Schedule;
"sponsor" has the meaning given by regulation 1.20;
"sponsorship" means an undertaking of the kind referred to in regulation 1.20 to sponsor an applicant;
"spouse" means:
	(a)	a person who has entered into a marriage recognised as valid for the purposes of the Act, if:
	(i)	the marriage has not been ended by divorce or the death of one of the parties; and
	(ii)	the parties are not living separately and apart on a permanent basis; or
	(b)	a de facto spouse;
"subsidised student" means a student enrolled in a course of study in respect of which the student is subsidised under the Subsidised Overseas Student Program administered by Education;
"temporary entry permit" means an entry permit whose effect was subject to a limitation as to time;
"the Act" means the Migration Act 1958;
"tourism" means participation in activities of a recreational nature including amateur sporting activities, informal study courses, relaxation, sightseeing and travel;
"trainee", in the case of a visa or entry permit granted before 1 February 1991, means a person:
	(a)	in respect of whom the Education Minister has approved participation in occupational training in Australia; and
	(b)	who has been granted a visa or an entry permit to enable such participation;
"transit passenger" means a person who:
	(a)	enters Australia by aircraft; and
	(b)	holds a confirmed onward booking to leave Australia to travel to a third country on the same or another aircraft within 8 hours of the person's arrival in Australia; and
	(c)	is a citizen of a country listed in Part 3 of Schedule 9; and
	(d)	holds documentation necessary to enter the country of his or her destination;
"work" means an activity that, in Australia, normally attracts remuneration;
"working age" means:
	(a)	in the case of a female, under 60 years of age; and
	(b)	in the case of a male, under 65 years of age;
"working age parent" means a parent other than an aged parent.
[NOTE:	"aged parent" is defined in this regulation.]
1.04	Adoption
	(1)	A person (in this regulation called "the adoptee") is taken to have been adopted by a person (in this regulation called "the adopter") if, before the adoptee attained the age of 18 years, the adopter assumed a parental role in relation to the adoptee under:
	(a)	formal adoption arrangements made in accordance with, or recognised under, the law of a State or Territory of Australia relating to the adoption of children; or
	(b)	formal adoption arrangements made in accordance with the law of another country, being arrangements under which the persons who were recognised by law as the parents of the adoptee before those arrangements took effect ceased to be so recognised and the adopter became so recognised; or
	(c)	other arrangements entered into outside Australia that, under subregulation (2), are taken to be in the nature of adoption.
	(2)	For the purposes of paragraph (1) (c), arrangements are taken to be in the nature of adoption if:
	(a)	the arrangements were made in accordance with the usual practice, or a recognised custom, in the culture or cultures of the adoptee and the adopter; and
	(b)	the child-parent relationship between the adoptee and the adopter is significantly closer than any such relationship between the adoptee and any other person or persons, having regard to the nature and duration of the arrangements; and
	(c)	the Minister is satisfied that:
	(i)	formal adoption of the kind referred to in paragraph (1) (b):
	(A)	was not available under the law of the place where the arrangements were made; or
	(B)	was not reasonably practicable in the circumstances; and
	(ii)	the arrangements have not been contrived to circumvent Australian migration requirements.
1.05	Balance of family test
	(1)	For the purposes of this regulation:
	(a)	a person is a child of another person ("the parent") if the person is a child, adopted child or step-child of:
	(i)	the parent; or
	(ii)	any spouse or former spouse of the parent; and
	(b)	if the whereabouts of a child of the parent are unknown, the child is taken to be resident in the usual country of residence of the parent.
	(2)	A parent satisfies the balance of family test if:
	(a)	each of the children of the parent is either:
	(i)	lawfully and permanently resident in Australia; or
	(ii)	a person who is:
	(A)	the holder of a special category visa; and
	(B)	usually resident in Australia; or
	(b)	the number of children of the parent who are lawfully and permanently resident in Australia or are holders of special category visas usually resident in Australia is:
	(i)	greater than, or equal to, the total number of children of the parent who are resident overseas; or
	(ii)	greater than the greatest number of children of the parent who are resident in any single overseas country.
	(3)	In applying the balance of family test, no account is to be taken of children of the parent if they are:
	(a)	children removed by court order, by adoption or by operation of law (other than in consequence of marriage) from the exclusive custody of the parent; or
	(b)	children resident in a country where the children suffer persecution or abuse of human rights and it is not possible to reunite the children and the parent in another country; or
	(c)	children who are:
	(i)	resident in a refugee camp operated by the United Nations High Commissioner for Refugees or by the government of Hong Kong; and
	(ii)	registered by the Commissioner as refugees.
1.06	References to classes of visas
		A class of visas may be referred to :
	(a)	in the case of a class of visas referred to in Schedule 1- by the code allotted to the class in the heading of the item in Schedule 1 that relates to that class of visas; or
	(b)	in the case of a transitional visa, by the following codes:
	(i)	transitional (permanent): BF;
	(ii)	transitional (temporary): UA.
[NOTE:	For example, Cultural/Social (Temporary) Class may be referred to as Class TE.]
1.07	References to subclasses of visas
	(1)	A reference to a visa of a particular subclass (for example, "a visa of Subclass 414") is a reference to a visa granted on satisfaction of the criteria set out in the Part of Schedule 2 that bears the number of the subclass.
	(2)	A reference to an applicant for a visa of a particular subclass is a reference to an applicant who applies for a visa of a class that may, under Schedule 1, be granted on satisfaction of the criteria set out in the Part of Schedule 2 that bears the number of the subclass.
1.08	Compelling need to work
		For the purposes of these Regulations, a non-citizen has a compelling need to work if and only if:
	(a)	he or she is in financial hardship; or
	(b)	he or she:
	(i)	is nominated by an employer in respect of an approved appointment (within the meaning of regulation 5.19); and
	(ii)	appears to the Minister, on the basis of information contained in the application, to meet the criteria in clause 805.213 of Schedule 2; or
	(c)	he or she:
	(i)	is an applicant for a Business (Temporary) (Class TB) visa; and
	(ii)	has been sponsored by an employer in relation to that application; and
	(iii)	appears, on the basis of that application, to meet the criteria for that visa.
1.09	Criminal detention
		For the purposes of these Regulations, a person is in criminal detention if he or she is:
	(a)	serving a term of imprisonment (including  periodic detention) following conviction for an offence; or
	(b)	in prison on remand; but not if he or she is:
	(c)	subject to a community service order; or
	(d)	on parole after serving part of a term of imprisonment; or
	(e)	on bail awaiting trial.
1.10	Labour market requirements
		An application for a visa meets labour market requirements if the Minister is satisfied that:
	(a)	the application is in accordance with a labour agreement; or
	(b)	in respect of the employment to which the application relates:
	(i)	no Australian citizen or Australian permanent resident is readily available who has suitable qualifications and experience; and
	(ii)	if appropriate-relevant employer and employee organisations have been consulted.
1.11	Main business
	(1)	For the purposes of these Regulations and subject to subregulation (2), a business is a main business in relation to an applicant for a visa if:
	(a)	the applicant has, or has had, an ownership interest in the business; and
	(b)	the applicant maintains, or has maintained, direct and continuous involvement in management of the business from day to day and in making decisions affecting the overall direction and performance of the business; and
	(c)	the value of the applicant's ownership interest, or the total value of the ownership interests of the applicant and the applicant's spouse, in the business is or was at least 10% of the total value of the business.
	(2)	If an applicant has, or has had, an ownership interest in more than 1 business that would, except for this subregulation, be a main business in relation to the applicant, the applicant must not nominate more than 2 of those businesses as main businesses.
1.12	Member of the family unit
	(1)	Subject to subregulation (2), a person is a member of the family unit of another person (in this subregulation called "the family head") if the person is:
	(a)	a spouse of the family head, where the relationship is a genuine and continuing relationship;
	(b)	a dependent child of the family head or of a spouse of the family head; or
	(c)	a dependent child of a dependent child of the family head or of a spouse of the family head; or
	(d)	a relative of the family head or of a spouse of the family head who:
	(i)	does not have a surviving spouse or any other relative (other than the family head) able to care for that relative in the relevant country; and
	(ii)	is usually resident in the family head's household; and
	(iii)	is dependent on the family head; or
	(e)	a relative of the family head or of a spouse of the family head who:
	(i)	has never married or is widowed, divorced or separated; and
	(ii)	is usually resident in the family head's household; and
	(iii)	is dependent on the family head.
	(2)	A person is a member of the family unit of an applicant for a Student (Temporary) (Class TU) visa:
	(a)	a spouse of the applicant; or
	(b)	a dependent child of the applicant or of that spouse who is unmarried and has not turned 18; or
	(c)	a person who has entered into an agreement to marry the applicant if the applicant and that person intend that the marriage is to take place not later than 3 months after the entry of the person to Australia.
1.13	Nominator
		For the purposes of these Regulations, "nominator", in relation to an applicant for a visa, means:
	(a)	a person who puts forward, on the relevant approved form, the name of the applicant as an applicant for a visa of a particular class; but does not include:
	(b)	a person who proposes another person as an applicant for a Subclass 202 (Global Humanitarian) visa; or
	(c)	a person or body who gives an undertaking of a kind referred to in Part 208, 209, 210, 211, 212, 213 or 214 of Schedule 2.
1.14	Orphan relative
		An applicant for a visa is an orphan relative of another person who is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen if:
	(a)	the applicant:
	(i)	has not turned 18; and
	(ii)	is unmarried; and
	(iii)	is a relative of that other person; and
	(b)	the applicant cannot be cared for by either parent because each of them is either dead, permanently incapacitated or of unknown whereabouts; and
	(c)	it is in the best interests of the applicant if he or she settles with that other person in Australia.
1.15	Remaining relative
	(1)	An applicant for a visa is a remaining relative if the applicant has a relative who:
	(a)	is:
	(i)	a brother, sister or parent; or
	(ii)	a step-brother, step-sister or step-parent;
of the applicant; and
	(b)	is:
	(i)	an Australian citizen; or
	(ii)	an Australian permanent resident; or
	(iii)	an eligible New Zealand citizen; and
	(c)	is usually resident in Australia;
unless the applicant is disqualified under subregulation (2).
	(2)	An applicant is disqualified if:
	(a)	the applicant or the spouse (if any) of the applicant:
	(i)	usually resides in the same country, not being Australia, as an overseas near relative; or
	(ii)	has had contact with an overseas near relative during a reasonable period preceding the application; or
	(b)	the applicant and the spouse (if any) of the applicant together have more than 3 overseas near relatives; or
	(c)	the applicant is a child who:
	(i)	has not turned 18; and
	(ii)	has been adopted by an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen (in this paragraph called "the adoptive parent") while overseas;
but, at the time of the application, the adoptive parent has not been residing overseas for a period of at least 12 months.
	(3)	In this regulation, "overseas near relative" means a person who is:
	(a)	a parent, brother, sister or non-dependent child; or
	(b)	a step-parent, step-brother, step-sister or non-dependent step-child;
of the applicant or of the spouse (if any) of the applicant but is not a relative of a kind referred to in subregulation (1).
Division 1.3-Administration
1.16	Delegation
	(1)	The Minister may, by writing signed by the Minister, delegate to an officer any of the Minister's powers under these Regulations, other than this power of delegation.
	(2)	The Secretary may, by writing signed by the Secretary, delegate to an officer any of the Secretary's powers under these Regulations, other than this power of delegation.
1.17	Specification of matters by Gazette Notice
		The Minister may, by notice published in the Gazette, specify matters required by individual provisions of these Regulations to be specified for the purposes of those provisions.
1.18	Approved forms
		The Minister may, in writing, approve forms for:
	(a)	use in making an application for a visa; or
	(b)	any other purpose authorised or required by these Regulations.
1.19	Occupations Requiring English List
		The Minister may publish by Gazette Notice a list of occupations requiring proficiency in English of at least the standard required for the award of 15 points under Part 3 of Schedule 6.
[NOTE:	Part 3 of Schedule 6 deals with the award of points on the basis of an applicant's language skills.]
Division 1.4-Sponsorship
1.20	Sponsorship
	(1)	For the purposes of these Regulations, "sponsor", in relation to an applicant for a visa, means a person who undertakes the obligations of a sponsor in relation to the applicant, but does not include:
	(a)	a person who proposes another person as an applicant for a Subclass 202 (Global Humanitarian) visa; or
	(b)	a person or body who gives an undertaking of a kind referred to in Part 208, 209, 210, 211, 212, 213 or 214 of Schedule 2.
	(2)	The obligations of a sponsor in relation to an applicant for a visa are the following:
	(a)	if the application is for a permanent visa (other than a Subclass 129 (State/Territory Sponsored Business Owner) or Subclass 130 (State/Territory Sponsored Senior Executive) visa)-the sponsor undertakes to assist the applicant, to the extent necessary, financially and in respect of accommodation, during the period of 12 months immediately following the applicant's entry into Australia under that visa;
	(b)	if the application is for a temporary visa-the sponsor accepts responsibility for:
	(i)	all financial obligations to the Commonwealth incurred by the applicant arising out of the applicant's stay in Australia; and
	(ii)	compliance by the applicant with all relevant legislation and awards in relation to any employment entered into by the applicant in Australia; and
	(iii)	unless the Minister otherwise decides, compliance by the applicant with the conditions under which the applicant was allowed to enter Australia.
	(3)	A person who has been approved by the Minister as the sponsor of an applicant for a visa must enter into the sponsorship by completing the relevant approved form and give it to the Minister not later than a reasonable period after the Minister approves the person as a sponsor.
PART 2-VISAS
Division 2.1-Classes, criteria, conditions etc.
2.01	Classes of visas (Act, s. 31)
		For the purposes of section 31 of the Act, the prescribed classes of visas are:
	(a)	such classes (other than those created by the Act) as are set out in the respective items in Schedule 1; and
	(b)	the following classes:
	(i)	transitional (permanent); and
	(ii)	transitional (temporary).
[NOTE:	For the classes created by the Act, see ss. 32 to 38.]
2.02	Subclasses
	(1)	Schedule 2 is divided into Parts, each identified by the word "Subclass" followed by a 3-digit number (being the number of the subclass of visa to which the Part relates) and the title of the subclass.
	(2)	For the purposes of this Part and Schedules 1 and 2, a Part of Schedule 2 is relevant to a particular class of visa if the Part of Schedule 2 is listed under the subitem "Subclasses" in the item in Schedule 1 that refers to that class of visa.
2.03	Criteria applicable to classes of visas
	(1)	For the purposes of subsection 31 (3) of the Act (which deals with criteria for the grant of a visa), the prescribed criteria for the grant to a person of a visa of a particular class are:
	(a)	the primary criteria set out in a relevant Part of Schedule 2; or
	(b)	if a relevant Part of Schedule 2 sets out secondary criteria, those secondary criteria.
	(2)	If a criterion in Schedule 2 refers to a criterion in Schedule 3, 4 or 5 by number, a criterion so referred to must be satisfied by an applicant as if it were set out at length in the first-mentioned criterion.
	(3)	If a criterion in Schedule 2 specifies that a person is to be the holder of, or have held, a visa of a particular class or subclass, that criterion is taken to be satisfied:
	(a)	if:
	(i)	before 1 September 1994, the person held a visa or entry permit that was granted under the Migration (1993) Regulations, the Migration (1989) Regulations or the Act as in force before 19 December 1989; and
	(ii)	the criteria that were applicable to, or the grounds for the grant of, that visa or entry permit are the same in effect as the criteria applicable to the new visa; and
	(iii)	the visa or entry permit was continued in force as a transitional visa on 1 September 1994 by the Migration Reform (Transitional Provisions) Regulations; or
	(b)	if:
	(i)	before 1 September 1994, the person applied for a visa or entrypermit under the Migration (1993) Regulations, the Migration (1989) Regulations or the Act as in force before 19 December 1989; and
	(ii)	the criteria that were applicable to, or the grounds for the grant of, that visa or entry permit are the same in effect as the criteria applicable to the new visa; and
	(iii)	either:
	(A)	in the case of an application made before 19 December 1989-the Minister had not made a decision on the application; or
	(B)	in any other case-the application had not been finally determined;
before 1 September 1994; and
	(iv)	on or after 1 September 1994 the person was granted a transitional visa under the Migration Reform (Transitional Provisions) Regulations on the basis that he or she had satisfied the criteria, or the grounds, applicable to the visa or entry permit referred to in subparagraph (i).
2.04	Circumstances in which a visa may be granted (Act, s. 40)
		For the purposes of section 40 of the Act, and subject to these Regulations, the only circumstances in which a visa of a particular class may be granted to a person who has satisfied the criteria in a relevant Part of Schedule 2 are the circumstances set out in that Part of Schedule 2.
2.05	Conditions applicable to visas
	(1)	For the purposes of subsection 41 (1) of the Act (which deals with conditions that apply to a visa), the conditions to which a visa is subject are the conditions (if any) set out in, or referred to in, the Part of Schedule 2 that relates to visas of the subclass in which the visa is included.
	(2)	For the purposes of subsection 41 (3) of the Act (which deals with conditions that may be imposed on a visa), the conditions that the Minister may impose on a visa are the conditions (if any) referred to as being conditions that may be imposed in the Part of Schedule 2 that relates to visas of the subclass in which the visa is included.
	(3)	For the purposes of subsection 29 (2) and (3) of the Act (which deal with the period during which the holder of a visa may travel to, enter and remain in Australia), the limits on the period within which a person may:
	(a)	remain in Australia; or
	(b)	travel to, enter, and remain in Australia;
as the case requires, under the authority of a visa of a particular subclass are specified in the relevant Part of Schedule 2.
2.06	Non-citizens who do not require visas to travel to Australia
		For the purposes of subsection 42 (3) of the Act (which deals with the classes of person who may travel to Australia without a visa that is in effect), the following classes of non-citizens are prescribed:
	(a)	New Zealand citizens who hold and produce New Zealand passports that are in force;
	(b)	non-citizens who hold and produce passports that are in force and are endorsed with an authority to reside indefinitely  on Norfolk Island.
Division 2.2-Applications
2.07	Application for visa-general
	(1)	For the purposes of sections 45 and 46 of the Act (dealing with application for a visa), if an application is required for a particular class of visa, the following matters are set out in the relevant Part of Schedule 1:
	(a)	the approved form (if any) to be completed by an applicant;
	(b)	the fee (if any) payable on an application;
	(c)	other matters relating to the application.
	(2)	A fee is not payable on an application for a visa if:
	(a)	the application is combined with another application in a way permitted by:
	(i)	the relevant item in Schedule 1; or
	(ii)	regulation 2.08; and
	(b)	the fee (if any) has been paid on that other application.
	(3)	An applicant must complete an approved form in accordance with any directions on it.
2.08	Application by newborn child
	(1)	 If:
	(a)	a non-citizen applies for a visa; and
	(b)	after the application is made but before it is decided, a child is born to the non-citizen;
then:
	(c)	the child is taken to have applied for a visa of the same class at the time he or she was born; and
	(d)	the child's application is taken to be combined with the non-citizen's application.
	(2)	Despite any provision in Schedule 2, a child referred to in subregulation (1):
	(a)	must satisfy the criteria to be satisfied at the time of decision; and
	(b)	at the time of decision must satisfy a criterion (if any) applicable at the time of application that an applicant must be sponsored, nominated or proposed.
2.09	Application taken to have been validly made (Act, s. 46 (2))
		For the purposes of subsection 46 (2) of the Act (which deals with the circumstances in which an application is valid):
	(a)	all classes of visas that may be applied for in Australia are prescribed; and
	(b)	the application is taken to have been validly made if made in the circumstances set out in paragraph 2.22 (c).
2.10	Where application must be made
	(1)	An application for a visa must be made:
	(a)	in the case of an application to be made outside Australia:
	(i)	at a diplomatic, consular or migration office maintained by or on behalf of the Commonwealth outside Australia; or
	(ii)	if the application is for a Long Stay (Visitor) (Class TN), Short Stay (Visitor) (Class TR) or Special Tourist (Visitor) (Class TS) visa-at an office of a visa application agency approved in writing for that purpose by the Minister; or
	(b)	in the case of an application to be made in Australia:
	(i)	if the applicant is in Australia-subject to subregulations (2) and (3), at an office of Immigration in the State or Territory in which the applicant is at the time of application; or
	(ii)	if the applicant is not in Australia-at any office of Immigration in Australia.
	(2)	An applicant who is in New South Wales may make his or her application at the regional office of Immigration in the Australian Capital Territory.
	(3)	An unlawful non-citizen who is located by an officer of Immigration may apply for a bridging visa directly to that officer.
	(4)	For the purposes of subregulation (1), an office occupied by an officer of Immigration at an airport or a detention centre is an office of Immigration.
2.11	Special provision for certain applications refused outside Australia
	(1)	If:
	(a)	a non-citizen has made an application (in this regulation called "the first application") outside Australia for a visa; and
	(b)	the visa has been refused; and
	(c)	it appears to the Minister, on the basis of the information available to the Minister, that, if the non-citizen had applied for a visa of a different class, the visa would be likely to have been granted;
the Minister may invite the non-citizen to make an application (in this regulation called "the further application") for a visa of that class.
	(2)	An invitation made under subregulation (1) is to be for:
	(a)	if the visa originally applied for was a permanent visa-a permanent visa; or
	(b)	if the visa originally applied for was a temporary visa-a temporary visa;
except that:
	(c)	if the visa originally applied for was a Prospective Marriage (Temporary) (Class TO) visa, the Minister may invite the applicant to make a further application for a Spouse (Migrant) (Class BC) visa; and
	(d)	if the visa originally applied for was a Spouse (Migrant) (Class BC) visa, the Minister may invite the applicant to make a further application for a Prospective Marriage (Temporary) (Class TO) visa.
	(3)	A review authority is not to invite a further application under subregulation (1).
	(4)	The non-citizen must make the further application within 28 days (or, if the Minister in the circumstances of the case so decides, 70 days) after the day on which the non-citizen is notified of the invitation to make that application.
	(5)	If the Minister invites a non-citizen to make a further application, the fee payable on that application is the amount (if any) by which the fee payable on the further application is greater than the fee paid on the first application.
	(6)	If the Minister invites a non-citizen to make a further application, and the fee payable on an application for the class applied for under the further application is less than the fee paid on the first application, the non-citizen is not entitled to a refund of the difference.
2.12	Certain non-citizens whose applications refused in Australia (Act, s. 48)
	(1)	For the purposes of section 48 of the Act (which limits further applications by a person whose visa has been cancelled, or whose application for a visa has been refused) the following classes of visas are prescribed:
	(a)	Change in Circumstances (Residence) (Class AG);
	(b)	Citizens of former Yugoslavia (Temporary) (Class TC);
	(c)	subject to subregulation (2), Protection (Class AZ);
	(d)	Sri Lankan (Temporary) (Class TT);
	(e)	Territorial Asylum (Residence) (Class BE);
	(f)	Border (Temporary) (Class TA);
	(g)	Special Category (Temporary) (Class TY);
	(h)	Bridging A (Class WA);
	(j)	Bridging B(Class WB);
	(k)	Bridging C (Class WC);
	(l)	Bridging D (Class WD);
	(m)	Bridging E (Class WE).
	(2)	If a person has previously applied for a Protection (Class AZ) visa and the application has been finally determined, paragraph (1) (c) applies to him or her if and only if:
	(a)	he or she proposes to make a further application for a visa of that class; and
	(b)	in the new application for a visa of that class, he or she:
	(i)	makes a new claim under the Refugees Convention (as amended by the Refugees Protocol); or
	(ii)	provides new evidence relating to a previously considered claim under the Refugees Convention (as amended by the Refugees Protocol); or
	(iii)	provides new information about the country from which the person claims to be a refugee under the Refugees Convention (as amended by the Refugees Protocol), and the new information indicates that there has been a change in conditions in that country of a kind that enhances the person's chances of making a successful claim under the Refugees Convention (as amended by the Refugees Protocol).
Division 2.3-Communication between applicant and Minister
2.13	Communication with Minister
	(1)	For the purposes of section 52 of the Act (which deals with the way in which an applicant or interested person must communicate with the Minister), an applicant or interested person must communicate with the Minister about a visa application in the way provided by this regulation.
	(2)	Except as provided by subregulation (3), the communication must be in writing.
	(3)	The communication may be oral if it is:
	(a)	a communication about an application for a bridging visa; or
	(b)	an enquiry about the stage reached in the consideration of a visa application.
	(4)	A written communication must include:
	(a)	the applicant's full name, as set out in the application; and
	(b)	the applicant's date of birth; and
	(c)	either:
	(i)	the Immigration file number, if that number has previously been given to the applicant in writing; or
	(ii)	if subparagraph (i) does not apply-the number of the receipt issued by Immigration when the application was given to the Minister; and
	(d)	if the application was made outside Australia, the name of the office at which the application was given to the Minister.
	(5)	A document accompanying a written communication must be:
	(a)	the original; or
	(b)	a copy of the original certified in writing to be a true copy by:
	(i)	a Justice of the Peace; or
	(ii)	a Commissioner for Declarations; or
	(iii)	a person before whom a statutory declaration may be made under the Statutory Declarations Act 1959; or
	(iv)	if the copy is to be certified in a place outside Australia-a person who is the equivalent of a Justice of the Peace or Commissioner for Declarations in that place.
[NOTE:	This regulation is subject to sections 56 and 58 of the Act, which provide that the Minister may specify the way in which additional information or comments about an application may be given by an applicant. If the Minister specifies a way in which further information or comments must be given for the purposes of either of those sections, the information or comments must be given in that way. Regulation 2.13 then does not apply.]
2.14	Where written communication must be sent
		For the purposes of section 52 of the Act (which deals with the way in which an applicant or interested person must communicate with the Minister), a written communication to the Minister about an application must be sent to or left at:
	(a)	the office at which the application was given to the Minister; or
	(b)	if the Minister has notified the applicant in writing of another office in substitution for that office-that other office.
2.15	Response to invitation to give information or comments-prescribed periods
	(1)	For the purposes of subsection 58 (2) of the Act (which deals with invitations to make comments or give further information), and subject to subregulation (2), the prescribed period for giving additional information or comments in response to an invitation is:
	(a)	in the case of an application for a substantive visa that was made by an applicant who is in immigration detention-3 working days after the applicant is notified of the invitation; or
	(b)	in the case of an application made by an applicant who is in Australia, other than a person referred to in paragraph (a):
	(i)	in the case of an application for a Long Stay (Visitor) (Class TN) or Short Stay (Visitor) (Class TR) visa-7 days after the applicant is notified of the invitation; or
	(ii)	in any other case-28 days after the applicant is notified of the invitation; or
	(c)	in the case of an application made by an applicant who is not in Australia:
	(i)	28 days; or
	(ii)	if the Minister so decides in the circumstances of the case-70 days;
after the applicant is notified of the invitation.
	(2)	Subregulation (1) does not apply to a request for information or comments to be obtained from a third party regarding the following matters:
	(a)	the applicant's health;
	(b)	the satisfaction by the applicant of public interest criteria;
	(c)	the satisfaction of criteria relating to the applicant's capacity to communicate in English;
	(d)	assessment of the applicant's skills or qualifications.
	(3)	For the purposes of paragraph 58 (3) (b) of the Act (which deals with the time in which an interview is to take place), the prescribed period is:
	(a)	in the case of an application for a substantive visa that was made by an applicant who is in immigration detention-3 working days after the applicant is notified of the invitation; or
	(b)	in the case of an application made by an applicant who is in Australia, other than a person referred to in paragraph (a):
	(i)	in the case of an application for a Long Stay (Visitor) (Class TN) or Short Stay (Visitor) (Class TR) visa-7 days after the applicant is notified of the invitation; or
	(ii)	in any other case-28 days after the applicant is notified of the invitation; or
	(c)	in the case of an application made by an applicant who is not in Australia:
	(i)	28 days; or
	(ii)	if the Minister so decides in the circumstances of the case-70 days;
after the applicant is notified of the invitation.
	(4)	For the purposes of subsection 58 (4) or (5) of the Act (dealing with extending the period to respond to an invitation or attend for interview), the prescribed further period is:
	(a)	if the applicant is in immigration detention-2 working days; or
	(b)	if the applicant is in Australia but is not in immigration detention-7 days; or
	(c)	if the applicant is not in Australia:
	(i)	7 days; or
	(ii)	if the Minister so decides in the circumstances of the case-28 days;
after the applicant is notified of the invitation.
2.16	Notification of decision on visa application
	(1)	For the purposes of subsection 66 (1) of the Act (dealing with giving notice of decisions), the Minister is to notify an applicant of a decision to grant or refuse a visa:
	(a)	if the decision is to grant the visa:
	(i)	if under these Regulations evidence of that visa must be given to the applicant in a particular way-by giving the applicant evidence of the visa in that way; or
	(ii)	if under these Regulations no evidence of the visa need be given to the applicant-by telling the applicant orally that the visa has been granted; or
	(b)	in the case of a bridging visa granted at the same time as a substantive visa-by giving the applicant evidence of the substantive visa; or
	(c)	by sending a notice of the decision to, or leaving a notice of the decision at, the last address given to the Minister by the applicant under section 53 of the Act (which deals with what an applicant must tell the Minister); or
	(d)	by handing a notice of the decision to the applicant or a person specified by the applicant under subsection 53 (4) of the Act.
	(2)	If 2 or more applicants have combined their applications in a way permitted by Schedule 1, the Minister need notify only 1 of those applicants of the Minister's decisions on those applications.
[NOTE:	The matters that the notice must include are set out in s. 66 (2) of the Act.]
Division 2.4-Evidence Of Visas
2.17	Ways of giving evidence of a visa
	(1)	For the purposes of subsection 71 (1) of the Act (which deals with giving evidence of the grant of a visa), evidence of a visa that has been granted to a non-citizen may be given:
	(a)	in the way (if any) specified in the relevant Part of Schedule 2 for a visa of that subclass; or
	(b)	if the relevant Part of Schedule 2 does not specify a way of giving evidence-by:
	(i)	a label that is affixed to the non-citizen's passport by an officer; or
	(ii)	an imprint that is stamped in the non-citizen's passport by an officer; or
	(iii)	a document that is given to the non-citizen by an officer.
	(2)	Evidence of the grant of a substantive visa (other than a transitional visa) that is given by means of a visa label must include:
	(a)	a statement of the period for which the visa is in effect; and
	(b)	a statement of the class and the subclass to which the visa belongs; and
	(c)	if the visa allows the holder to travel to and enter Australia-a statement of that fact.
	(3)	In a statement for the purposes of paragraph (2) (b):
	(a)	the class to which a visa belongs may be identified by the 2-letter code specified in the heading of the relevant Part of Schedule 1; and
	(b)	the subclass to which a visa belongs may be identified by the 3-digit code of the relevant Part of Schedule 2.
	(4)	Every document of the kind referred to in subparagraph (1) (b) (iii) must be uniquely identified (for example, by a distinctive number).
	(5)	If the Minister has given to a non-citizen to whom a visa has been granted a written statement of the conditions (if any) to which the grant of the visa is subject, it is not necessary for the evidence of the visa to set out those conditions.
	(6)	If evidence of the grant of a visa (other than a visa of a class referred to in regulation 2.18) to a non-citizen has been given to the non-citizen, and then lost or destroyed, replacement evidence:
	(a)	may be given to the non-citizen in the way referred to in paragraph (1) (a) or any of the ways set out in paragraph (1) (b); and
	(b)	must include:
	(i)	a statement of the period for which the visa is in effect; and
	(ii)	a statement of the class and the subclass to which the visa belongs; and
	(iii)	if the evidence is in the form referred to in subparagraph (1) (b) (i) and the visa allows the holder to travel to and enter Australia-a statement of that fact.
2.18	Re-evidencing of resident return visas
	(1)	If:
	(a)	evidence of a resident return visa has been given in a passport; and
	(b)	either:
	(i)	the evidence, or the passport, has been damaged, defaced, lost,
stolen or destroyed, or otherwise cannot, for good reason, be presented for travel purposes; or
	(ii)	the passport has expired, or has been cancelled, or is no longer applicable to that person;
the person to whom the visa was granted may apply to the Minister for evidence of the visa to be given to the person in a passport of that person.
	(2)	An application must be in accordance with approved form 786.
	(3)	The fee payable on an application is:
	(a)	if the application is made in Australia-$50; or
	(b)	if the application is made outside Australia-$60.
	(4)	In this regulation, "resident return visa" means:
	(a)	a Return (Residence) (Class BB) visa; or
	(b)	a Resident Return (Temporary) (Class TP) visa; or
	(c)	a Group 1.4 (resident return (permanent entry) or class 159 (resident return (F)) visa granted under the Migration (1993) Regulations that is continued in force under the Migration Reform (Transitional Provisions) Regulations as a transitional (temporary) or transitional (permanent) visa, as the case requires; or
	(d)	a visa of one of the following classes granted under the Migration (1989) Regulations:
	(i)	return visa, class A (code number 154);
	(ii)	return visa, class B (code number 155);
	(iii)	return visa, class C (code number 156);
	(iv)	return visa, class D (code number 157);
	(v)	return visa, class E (code number 158);
	(vi)	return visa, class F (code number 159);
that is continued in force under the Migration Reform (Transitional Provisions) Regulations as a transitional (temporary) or transitional (permanent) visa, as the case requires; or
	(e)	a transitional (permanent) visa that is taken to have been granted under regulation 8 of the Migration Reform (Transitional Provisions) Regulations.
2.19	Evidence of visa need not be given in certain cases
		No evidence of the grant of a visa need be given:
	(a)	if the relevant Part of Schedule 2 so provides; or
	(b)	if the relevant Part of Schedule 2 requires the evidence to be placed in a passport, and the holder of the visa:
	(i)	does not produce a passport to an officer; or
	(ii)	produces to an officer a document that the Minister has directed, under subsection 71 (3) of the Act, is not to be taken to be a passport for the purposes of the clause of Schedule 2 under which evidence is to be given of the visa;
until the holder produces a passport to an officer.
[NOTE:	Under subsection 71 (3) of the Act, the Minister may declare that a specified document is not to be taken to be a passport for the purposes of a provision of the Regulations that provides that evidence of a visa may be given by endorsing a valid passport or other valid travel document.]
Division 2.5-Bridging Visas
2.20	Eligible non-citizen (Act, s. 72)
	(1)	For the purposes of the definition of "eligible non-citizen" in section 72 of the Act (which deals with persons eligible to be granted a bridging visa), the classes of persons described in subregulation (2) to (5) are prescribed.
	(2)	This subregulation applies to a non-citizen who, before 1 September 1994:
	(a)	was in custody under Division 4B of Part 2 of the Act as in force immediately before 1 September 1994; and
	(b)	was released from custody on expiry of a period referred to in subsection 54Q (1) or (2) of that Act (which deals with the release of designated persons from custody); and
	(c)	has not departed Australia since being released from custody; and
	(d)	has not subsequently been granted a visa or entry permit.
	(3)	This subregulation applies to a non-citizen:
	(a)	who is, or has been, in immigration detention under Division 6 of Part 2 of the Act (which deals with the immigration detention of designated persons); and
	(b)	in respect of whom the period mentioned in subsection 182 (1) or (2) of the Act expires on or after 1  September 1994; from the day 2 working days before the expiry of the period mentioned in whichever of those subsections applies to the non-citizen.
	(4)	This subregulation applies to a non-citizen:
	(a)	who is:
	(i)	in immigration detention under Division 6 of Part 2 of the Act; and
	(ii)	the spouse of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen and the Minister is satisfied that the relationship is genuine and continuing; and
	(iii)	nominated by the Australian citizen, Australian permanent resident or eligible New Zealand citizen referred to in subparagraph (ii); or
	(b)	who is a member of the family unit of a person referred to in paragraph (a).
	(5)	This subregulation applies to a non-citizen:
	(a)	who is in immigration detention under Division 6 of Part 2 of the Act; and
	(b)	who has not turned 18; and
	(c)	in respect of whom a child welfare authority of a State or Territory has certified that release from detention is in the best interests of the non-citizen; and
	(d)	in respect of whom the Minister is satisfied that:
	(i)	arrangements have been made between the non-citizen and an Australian citizen, Australian permanent resident or eligible New Zealand citizen for the care and welfare of the non-citizen; and
	(ii)	those arrangements are in the best interests of the non-citizen; and
	(iii)	the grant of a visa to the non-citizen would not prejudice the rights and interests of any person who has, or may reasonably be expected to have, custody or guardianship of, or access to, the non-citizen.
2.21	Most beneficial bridging visas (Act, s. 68 (4) (b) (ii))
	(1)	For the purposes of subparagraph 68 (4) (b) (ii) of the Act (which deals with the order in which bridging visas are reactivated), if a non-citizen holds more than 1 bridging visa, the bridging visa that is the most beneficial is to be determined as set out in this regulation.
	(2)	The order of classes from most beneficial to least beneficial is:
	(a)	Bridging B visa (Class WB);
	(b)	Bridging A visa (Class WA);
	(c)	Bridging C visa (Class WC);
	(d)	Bridging D visa (Class WD);
	(e)	Bridging E visa (Class WE).
	(3)	A bridging visa of Class WA, WB or WC that confers an unlimited right to work is taken to be more beneficial than another bridging visa of the same class that confers a limited right to work, and a bridging visa of one of those classes that confers a limited right to work is taken to be more beneficial than one of the same class that confers no right to work.
	(4)	A bridging visa of Class WA, WB or WC is taken to be more beneficial than another bridging visa of the same class that is subject to the same work conditions if the first-mentioned visa was granted before the second-mentioned visa.
2.22	Invalid application for substantive visa
		A non-citizen is taken to have applied for a Bridging D (Class WD) visa if:
	(a)	the non-citizen is in Australia but is not in immigration detention; and
	(b)	he or she applies for a substantive visa of a class that may be granted in Australia; and;
	(c)	the application:
	(i)	is given to the Minister in a way other than by personal attendance at an office of Immigration; and
	(ii)	is invalid as an application for a substantive visa of that class.
2.23	Further application for bridging visa (Act, s. 74)
		For the purposes of subsection 74 (2) of the Act (which deals with a further application for a bridging visa), the prescribed circumstances are that the Minister is satisfied that, although the non-citizen has not made a further application for a Bridging E visa (Class WE) after being refused a visa of that class, the non-citizen now satisfies the criteria for the grant of a visa of that class.
2.24	Eligible non-citizen in immigration detention (Act, s. 75)
	(1)	For the purposes of paragraph 75 (1) (a) (which deals with the class of bridging visa that may be granted to a non-citizen in immigration detention), the prescribed class of bridging visa is bridging E (Class WE).
	(2)	For the purposes of paragraph 75 (1) (b) of the Act (which deals with the time in which the Minister must make a decision), the prescribed period is 2 working days.
[NOTE:	The prescribed conditions for the purposes of section 75 are set out in clause 050.612 in Schedule 2.]
2.25	Grant of bridging visa E without application
		If:
	(a)	a non-citizen:
	(i)	is incapable, by reason of total or partial loss of mental
function, of making an application; or
	(ii)	is illiterate; or
	(iii)	is below the age of majority; or
	(iv)	has not sufficient command of English to permit him or her to make a valid application; or
	(v)	is in criminal detention; or
	(vi)	refuses to make a valid application; and
	(b)	the Minister is satisfied that the non-citizen meets the criteria for a Class WE visa;
then, despite anything in Schedule 2, the Minister may grant the non-citizen a Bridging visa Class WE.
Division 2.6-Prescribed qualifications-application of points system
2.26	Prescribed qualifications and prescribed number of points
	(1)	For the purposes of subsection 93 (1) of the Act (which deals with determination of an applicant's points score):
	(a)	each qualification specified in column 2 of an item in Part 1, 2, 4, 5, 6, or 7 of Schedule 6 is prescribed as a qualification in relation to an applicant for a Subclass 105 (Concessional Family) visa; and
	(b)	each qualification specified in column 2 of an item in Part 1, 2, or 3 of Schedule 6 is prescribed as a qualification in relation to an applicant for a Subclass 126 (Independent) visa.
	(2)	In relation to a prescribed qualification specified in Column 2 of an item in Schedule 6, the number of points specified in Column 3 of that item is prescribed.
	(3)	For the purposes of subsection 93 (1) of the Act (which deals with determination of an applicant's points score), the Minister:
	(a)	is not to give an applicant a prescribed number of points for more than one prescribed qualification in each Part of Schedule 6; and
	(b)	is to give the applicant only the number of points applicable to the prescribed qualification that meets the applicant's circumstances and for which the prescribed number of points is the highest for any such prescribed qualification; and
	(c)	is to deduct 10 points from the total number of points otherwise obtained by an applicant if the usual occupation of the applicant is that of medical practitioner (including specialist medical practitioner).
	(4)	If:
	(a)	an applicant cannot provide the evidence that is required by an item in Part 3 of Schedule 6; and
	(b)	the Minister determines that it is not reasonably practicable for the applicant to sit for an ACCESS test or an IELTS test;
the Minister may determine that the applicant has a level of English proficiency equivalent to that mentioned in an item in that Part.
	(5)	In Part 1 of Schedule 6:
"associate diploma" means:
	(a)	a formal educational qualification awarded by an Australian educational institution as an associate diploma for which:
	(i)	the entry level to the course leading to the qualification is satisfactory completion of year 12 in the Australian school system or of equivalent schooling; and
	(ii)	2 years of full-time study, or the equivalent period of part-time study, is required; or
	(b)	a formal educational qualification that is of an equivalent standard awarded by an educational institution outside Australia;
"certificate or advanced certificate" means:
	(a)	a formal educational qualification awarded by an Australian educational institution as a certificate or advanced certificate for which:
	(i)	in the case of a qualification that is an advanced certificate-the entry level to the course leading to the qualification is completion of year 10 in the Australian school system or of equivalent schooling; and
	(ii)	in any case-for which 1 year of full-time study, or the equivalent period of part-time study, is required; or
	(b)	a formal educational qualification that is of an equivalent standard awarded by an educational institution outside Australia;
"degree" means:
	(a)	a formal educational qualification awarded by an Australian educational institution as a degree or a postgraduate diploma for which:
	(i)	the entry level to the course leading to the qualification is:
	(A)	in the case of a bachelor's degree-satisfactory completion of year 12 in the Australian school system or of equivalent schooling; and
	(B)	in the case of a master's degree-satisfactory completion of a bachelor's degree awarded at an Australian tertiary educational institution or of an equivalent award; and
	(C)	in the case of a doctoral degree-satisfactory completion of a bachelor's degree awarded with honours, or a master's degree, at an Australian tertiary educational institution or of an equivalent award; and
	(D)	in the case of a postgraduate diploma-satisfactory completion of a bachelor's degree or diploma awarded at an Australian tertiary educational institution or of an equivalent award; and
	(ii)	in the case of a bachelor's degree, not less than 3 years of full-time study, or the equivalent period of part-time study, is required; or
	(b)	a formal educational qualification that is of an equivalent standard awarded by an educational institution outside Australia;
"diploma" means:
	(a)	a formal educational qualification awarded by an Australian educational institution as a diploma for which:
	(i)	the entry level to the course leading to the qualification is satisfactory completion of year 12 in the Australian school system or of equivalent schooling; and
	(ii)	3 years of full-time study, or the equivalent period of part-time study, is required; or
	(b)	a formal educational qualification that is of an equivalent standard awarded by an educational institution outside Australia;
"professional-equivalent occupation" means an occupation specified by Gazette Notice as a professional-equivalent occupation;
"priority occupation" means an occupation specified by Gazette Notice as a priority occupation;
"relevant Australian authority" means:
	(a)	NOOSR, or any body authorised in writing by NOOSR to assess educational qualifications or work experience on behalf of NOOSR; or
	(b)	the Department of Industrial Relations; or
	(c)	if the circumstances of a case preclude an authority referred to in paragraph (a) or (b) from making an assessment, the Minister;
"technical-equivalent occupation" means an occupation specified by Gazette Notice as a  technical-equivalent occupation;
"trade certificate" means:
	(a)	an Australian trade qualification obtained as a result of the completion of 4 years of an indentured apprenticeship that involves:
	(i)	part-time formal training at a technical college or a college of technical and further education; and
	(ii)	employment within the meaning of:
	(A)	an industrial award under a law of the Commonwealth or of a State or Territory; or
	(B)	a law of a State or Territory dealing with commercial or industrial training; or
	(b)	a qualification obtained outside Australia that is of an equivalent standard;
"usual occupation" means an occupation that the applicant has engaged in for gain or reward for a continuous period of at least 6 months during the period of 2 years immediately preceding the relevant application for a visa.
	(6)	In Part 4 of Schedule 6:
	(a)	a reference to adoption is a reference to an adoption occurring before the person adopted turned 18; and
	(b)	a reference to a step-relationship is a reference to a step-relationship where the applicant and the relevant step-relative of the applicant:
	(i)	have been members of the same family unit for a reasonable period; and
	(ii)	are members of the same family unit at the time of the relevant application.
.27	Qualification-eligibility of spouse
2	If:
	(a)	an applicant to whom regulation 2.26 applies does not receive the qualifying score under that regulation; and
	(b)	the spouse of the applicant is an applicant for a visa of the same class;
the applicant is taken to have received the qualifying score if the sum of:
	(c)	the points which the spouse could receive under Parts 1 and 2 of Schedule 6; and
	(d)	the points which the first-mentioned applicant receives under Parts 4, 5, 6 and 7 of Schedule 6;
is equal to, or exceeds, the qualifying score.
2.28	Notice of putting application aside
	(1)	If the Minister puts an application aside under paragraph 94 (3) (a) of the Act, he or she must notify the applicant in writing that he or she has done so.
	(2)	A notification under subregulation (1) must set out:
	(a)	the decision of the Minister; and
	(b)	the reason for the decision; and
	(c)	that the decision can be reviewed; and
	(d)	the time in which an application for review may be made; and
	(e)	who can apply for the review; and
	(f)	where the application for review can be made.
2.29	Interpretation-Schedule 7
		In Schedule 7:
	(a)	a reference to an applicant for a Subclass 127 visa is a reference to an applicant for a Business Skills (Migrant) (Class AD) visa who:
	(i)	is a person of the kind referred to in clause 127.211 of Schedule 2; and
	(ii)	has not submitted a notification of the kind referred to in subclause 129.215 (2) of Schedule 2 from the appropriate regional authority;
	(b)	a reference to an applicant for a Subclass 128 visa is a reference to an applicant for a visa of that class who:
	(i)	is a person of the kind referred to in clause 128.212 of Schedule 2; and
	(ii)	has not submitted a notification of the kind referred to in subclause 130.213 (2) of Schedule 2 from the appropriate regional authority;
	(c)	a reference to an applicant for a Subclass 129 visa is a reference to an applicant for a Business Skills (Migrant) (Class AD) visa who:
	(i)	is a person of the kind referred to in clause 129.211 of Schedule 2; and
	(ii)	has submitted a notification of the kind referred to in subclause 129.215 (2) of Schedule 2 from the appropriate regional authority;
	(d)	a reference to an applicant for a Subclass 130 visa is a reference to an applicant for a visa of that class who:
	(i)	is a person of the kind referred to in clause 130.212 of Schedule 2; and
	(ii)	has submitted a notification of the kind referred to in subclause 130.213 (2) of Schedule 2 from the appropriate regional authority.
Division 2.7-Assurances of support
Subdivision 2.7.1-Assurances of support given in relation to applications lodged before 20 December 1991
2.30	Interpretation
		In this Subdivision:
"assurance of support" means:
	(a)	an assurance of support given under the Migration (1989) Regulations, the Migration (1993) Regulations or these Regulations in relation to an application lodged before 20 December 1991; or
	(b)	a maintenance guarantee that:
	(i)	was given on or before 18 December 1989 under regulations that were in force under the Act or under any of the Acts repealed by the Act; and
	(ii)	is expressed, or otherwise purports, to have effect after 19 December 1991.
2.31	Form of certain assurances of support
		An assurance of support given under this Subdivision must be in the form approved by the Minister.
2.32	Duration of assurances of support
		An assurance of support that:
	(a)	was given under the Migration (1989) Regulations before 20 December 1991 and, at the end of 19 December 1991, had been in force for less than 2 years; or
	(b)	was given under Division 1 of Part 6 of the Migration (1989) Regulations on or after 20 December 1991; or
	(c)	was given under Division 1 of Part 5 of the Migration (1993) Regulations; or
	(d)	is given under this Subdivision; ceases to have effect at the end of 2 years after:
	(e)	the day when the applicant enters Australia; or
	(f)	the grant of the relevant visa; or
	(g)	if he or she is granted an entry permit before 1 September 1994, the grant of that entry permit; whichever happens latest.
2.33	Effect of assurance of support
		If, while an assurance of support has effect after 19 December 1991 in respect of a person, that person has received support in the form of:
	(a)	a job search allowance payable under Part 2.11 of the Social Security Act 1991; or
	(b)	a newstart allowance payable under Part 2.12 of that Act; or
	(c)	a special benefit payable under Part 2.15 of that Act;
an amount equal to the value of the support provided (less any amount paid in respect of the support by or on behalf of that person to the Commonwealth) is a debt due and payable to the Commonwealth by the person who gave the assurance, and may be recovered by action in a Court of competent jurisdiction.
2.34	Earlier liabilities not affected
		Nothing in this Subdivision affects any liability incurred under, or in respect of, an assurance of support before 20 December 1991.
Subdivision 2.7.2-Assurances of support given in relation to applications lodged after 19 December 1991
2.35	Interpretation
		In this Subdivision:
"assurance of support" means an assurance of support that is given in relation to an application lodged after 19 December 1991;
"required assurance" means an assurance of support that is an unconditional requirement prescribed in Schedule 2 for the grant of a visa;
"relevant visa", in relation to an assurance of support, means:
	(a)	the visa for the grant of which the giving of the assurance of support was required; or
	(b)	the entry permit or entry visa for the grant of which under the Migration (1989) Regulations or the Migration (1993) Regulations the giving of the assurance of support was required; or
	(c)	the entry permit the grant of which on entry under the Migration (1989) Regulations or the Migration (1993) Regulations was a consequence of the grant of a travel-only visa for the grant of which the giving of the assurance of support was required.
2.36	Form and duration of assurance of support
	(1)	An assurance of support:
	(a)	must be on the approved form; and
	(b)	has effect in respect of a person for the period of 2 years beginning on the day when that person enters Australia or is granted the relevant visa, whichever happens later.
	(2)	A required assurance is taken not to have been given unless the bond (if any) required by regulation 2.39 in relation to it has been lodged.
2.37	Persons in respect of whom assurance of support may be given
	(1)	Subject to subregulation (2), a person must not give assurances of support having effect at the same time in respect of more than 2 persons.
	(2)	A person does not count for the purposes of subregulation (1) if that person:
	(a)	has not turned 18; and
	(b)	is included in an assurance of support given in respect of another person.
2.38	Liability of person giving assurance of support
	(1)	If a person receives a payment in the form of:
	(a)	a job search allowance payable under Part 2.11 of the Social Security Act 1991; or
	(b)	a newstart allowance payable under Part 2.12 of that Act; or
	(c)	a special benefit payable under Part 2.15 of that Act;
and an assurance of support has effect in respect of the person when he or she receives the payment, the person who gave the assurance is liable, subject to this regulation, to pay to the Commonwealth the amount of the payment.
	(2)	A person is not liable to pay an amount that would otherwise be payable under subregulation (1) in respect of a required assurance until the Commonwealth has taken all reasonable steps to enforce the bond lodged in respect of the assurance.
	(3)	An amount payable under subregulation (1) is reduced by:
	(a)	any amount obtained by the Commonwealth under the bond that has not been applied to reduce a person's liability to the Commonwealth; and
	(b)	any amount paid to the Commonwealth in respect of the payment.
2.39	Bond (required assurances)
	(1)	A person who gives a required assurance in respect of an applicant for a visa who has turned 18 must lodge with the Minister a bond in accordance with this regulation.
	(2)	The bond must be lodged before a decision is made on the application to which the required assurance relates.
	(3)	The bond must be in a form approved by the Minister that secures the payment to the Commonwealth, on demand, of any amount (up to the amount of the bond) due to the Commonwealth under regulation 2.38 in respect of:
	(a)	the applicant; and
	(b)	if the assurance has effect also in relation to a person who has not turned 18, that person.
	(4)	The amount of a bond is:
	(a)	unless paragraph (b) applies-$3,500; or
	(b)	if the application to which the assurance relates is dependent on the holding by, or grant to, another person of a visa of the same class as that sought in the application-$1,500.
Division 2.8-Special purpose visas
2.40	Persons having a prescribed status-special purpose visas (Act, s. 33 (2) (a))
[Persons who hold prescribed status]
	(1)	For the purposes of paragraph 33 (2) (a) of the Act (which deals with persons who are taken to have been granted special purpose visas), and subject to this regulation, each non-citizen who is included in one of the following classes of person has a prescribed status:
	(a)	members of the Royal Family;
	(b)	members of the Royal party;
	(c)	guests of Government;
	(d)	SOFA forces members;
	(e)	SOFA forces civilian component members;
	(f)	Asia-Pacific forces members;
	(g)	Commonwealth forces members;
	(h)	foreign armed forces dependants;
	(j)	foreign naval forces members;
	(k)	members of the crew of non-military ships;
	(l)	airline positioning crew members;
	(m)	airline crew members;
	(n)	transit passengers;
	(p)	persons visiting Macquarie Island;
	(q)	children born in Australia:
	(i)	of a mother who at the time of the birth holds a special purpose visa, if only the mother is in Australia at that time; or
	(ii)	to parents both of whom, at the time of the birth, hold special purpose visas, if at that time both parents are in Australia.
[NOTE:	the terms used in paragraphs (1) (a) to (n) are defined in regulation 1.03.]
[Armed forces members]
	(2)	A person included in a class of persons specified in paragraph (1) (d), (e), (f), (g) or (j) has a prescribed status only while he or she is not absent without leave.
[Armed forces dependants]
	(3)	A person included in a class of persons specified in paragraph (1) (h) has a prescribed status only while the person of whom he or she is a spouse, or on whom he or she is dependent, is not absent without leave.
[Persons must not work in Australia]
	(4)	A person included in a class of persons specified in paragraph (1) (d), (e), (f), (g), (j), (k), (l) or (m) has a prescribed status only while he or she does not perform work in Australia (other than work of a kind that he or she normally performs during the course of his or her duties as a person of a kind referred to in the relevant paragraph).
[Foreign naval forces members)
	(5)	A person included in a class of persons specified in paragraph (1) (j) has a prescribed status if and only if the vessel on which he or she enters the migration zone has the prior approval of the Australian government to do so.
[Crew on visiting non-military ships]
	(6)	A person included in a class of persons specified in paragraph (1) (k) has a prescribed status if and only if the ship of whose crew he or she is a member:
	(a)	enters Australia at:
	(i)	a proclaimed port; or
	(ii)	a port other than a proclaimed port, if permission for it to do so has been given in advance by the Australian Customs Service under section 58 of the Customs Act 1901;
	(b)	will depart Australia to a place outside Australia during the course of the voyage.
[Crew members who sign off ships]
	(7)	A person included in a class of persons specified in paragraph (1) (k) who has signed off the ship of whose crew he or she is a member has a prescribed status:
	(a)	if and only if the master, owner, agent or charterer of the ship provides a letter of guarantee that the person will leave Australia within 30 days after signing off; and
	(b)	only for the shorter of the following periods:
	(i)	the period specified in the letter of guarantee as the period within which he or she will leave Australia;
	(ii)	30 days after he or she signs off the ship.
[Crew members of imported ships]
	(8)	A person included in a class of persons specified in paragraph (1) (k) who is a member of the crew of a ship being imported into Australia has a prescribed status for a period of 5 working days after an agreement is made between the person and the ship's master under section 46 of the Navigation Act 1912.
[Positioning aircrew members]
	(9)	A person included in a class of persons specified in paragraph (1) (l) has a prescribed status for the period of 5 working days beginning when he or she disembarks from the aircraft on which he or she travelled to Australia if and only if he or she:
	(a)	holds a passport that is in force; and
	(b)	carries a letter from his or her employer certifying aircrew status and setting out the purpose of the person's travel to Australia and the arrangements for the person to leave Australia.
[Operational aircrew members]
	(10)	A person included in a class of persons specified in paragraph (1) (m) has a prescribed status for the period of 5 working days beginning when he or she disembarks from the aircraft on which he or she travelled to Australia if and only if he or she:
	(a)	holds a current identity document as an air crew member issued by the air carrier by which he or she is employed; and
	(b)	is included in a list of the crew (being a list that gives the name, date of birth and sex of each crew member) that is signed on behalf of the air carrier and given to an officer.
[Transit passengers]
	(11)	A person included in a class of persons specified in paragraph (1) (n) has a prescribed status only while he or she remains in the airport transit lounge.
[Macquarie Island visitors]
	(12)	A person included in a class of persons specified in paragraph (1) (p) has a prescribed status:
	(a)	only while he or she remains on Macquarie Island; and
	(b)	only if the Secretary of the Department of the Environment and Land Management of the State of Tasmania has granted written permission in advance for the person to visit that Island.
[Children born in Australia]
	(13)	A person included in a class of persons specified in paragraph (1) (q) has a prescribed status:
	(a)	in the case of a child referred to in subparagraph (1) (q) (i)-until the child's mother ceases to have a prescribed status; or
	(b)	in the case of a child referred to in subparagraph (1) (q) (ii)-until whichever of the child's parents last ceases to have a prescribed status ceases to have that status.
Division 2.9-Visa cancellation
Subdivision 2.9.1-Cancellation under Subdivision C of Division 3 of Part 2 of the Act
[NOTE:	The obligations of a visa holder under Subdivision C of Division 3 of Part 2 of the Act are: to supply correct information on his or her application form (s. 101), including answers on passenger cards (s. 102); not to give bogus documents (s. 103); to notify changes in circumstances (s. 104); and, if incorrect information is given, to correct it (s. 105). The obligation is not affected by other sources of information being available (s. 106). If the Minister gives a visa holder a notice under s. 107 (1) stating that there may have been non-compliance and asking the visa holder for a response, the answers must be correct (s. 107 (2)).]
2.41	Whether to cancel visa-incorrect information or bogus document (Act, s. 109(1) (c))
		For the purposes of paragraph 109 (1) (c) of the Act, the following circumstances are prescribed.
	(a)	the correct information;
	(b)	the content of the genuine document (if any);
	(c)	the likely effect on a decision to grant a visa or immigration clear the visa holder of the correct information or the genuine document;
	(d)	the circumstances in which the non-compliance occurred;
	(e)	the present circumstances of the visa holder;
	(f)	the subsequent behaviour of the visa holder concerning his or her obligations under Subdivision C of Division 3 of Part 2 of the Act;
	(g)	any other instances of non-compliance by the visa holder known to the Minister;
	(h)	the time that has elapsed since the non-compliance;
	(j)	any breaches of the law since the non-compliance and the seriousness of those breaches;
	(k)	any contribution made by the holder to the community.
[NOTE:	Under s. 109 of the Act, the Minister may cancel a visa if there was non-compliance by the holder of a kind set out in Subdivision C of Division 3 of Part 2 of the Act. The Minister is to have regard to the prescribed circumstances in considering whether to cancel the visa.]
2.42	Notice of decision to cancel visa under s. 109
	(1)	If the Minister cancels a visa under section 109 of the Act, the Minister must notify the former holder of the visa in writing that the visa has been cancelled.
	(2)	A notification under subregulation (1) must set out the ground for the cancellation.
Subdivision 2.9.2-Cancellation generally
2.43	Grounds for cancellation of visa (Act, s. 116)
	(1)	For the purposes of paragraph 116 (1) (g) of the Act (which deals with circumstances in which the Minister may cancel a visa), the grounds prescribed are:
	(a)	that the Foreign Minister has determined that the holder of the visa is a person whose presence in Australia is, or would be, prejudicial to relations between Australia and a foreign country;
	(b)	that the holder of the visa has been assessed by the competent Australian authorities to be directly or indirectly a risk to Australian national security;
	(c)	in the case of a bridging visa held by a person who applied for a substantive visa-that the application for the substantive visa has been determined to be invalid;
	(d)	in the case of a visa granted before 1 September 1994 that:
	(i)	was continued in force on and after 1 September 1994 as a Transitional (Temporary) visa under the Migration Reform (Transitional Provisions) Regulations; and
	(ii)	allowed multiple entries to Australia;
at some time before 1 September 1994 the holder exceeded the period of stay in Australia permitted by the visa.
	(2)	For the purposes of subsection 116 (3) of the Act (which deals with the circumstances in which the Minister must cancel a visa), the circumstance is prescribed in relation to a visa, namely that the Minister may cancel the visa on the grounds set out in paragraph (1) (a), (b) or (c).
2.44	Invitation to comment-response
	(1)	For the purposes of subsection 121 (2) of the Act (which deals with the time in which a holder must give comments, other than at interview), the periods set out in subregulation (2) are prescribed.
	(2)	The periods referred to in subregulation (1) begin when the visa holder is notified under subsection 119 (2), or receives an invitation under subsection 120 (2), as the case requires, and are:
	(a)	if the visa holder is in Australia-5 working days;
	(b)	if the visa holder is outside Australia:
	(i)	where the cancellation of his or her visa is being considered in Australia-28 days; or
	(ii)	where the cancellation of his or her visa is being considered at a diplomatic, consular or migration office maintained by or on behalf of the Commonwealth in the country in which the visa holder is present-5 working days; or
	(iii)	where the cancellation of his or her visa is being considered at a diplomatic, consular or migration office maintained by or on behalf of the Commonwealth in another country than the country in which the visa holder is present-28 days.
	(3)	For the purposes of subsection 121 (4) of the Act (which deals with extension of time to give comments), 5 working days is prescribed.
2.45	Notification of decision (Act, s. 127)
		For the purposes of section 127 of the Act (which deals with notification of decisions to cancel a visa), the way of notifying the visa holder of a decision is in writing.
2.46	Time to respond to notice of cancellation (Act, s. 129 (1) (c))
		For the purposes of paragraph 129 (1) (c) of the Act (which deals with response to cancellation of a visa), the following periods are prescribed:
	(a)	if the former holder of the visa is outside Australia when he or she is given a notice of the cancellation-28 days;
	(b)	if he or she is in Australia when he or she is given notice of the cancellation:
	(i)	if he or she wishes the cancellation to be reconsidered while he or she is in Australia-5 minutes; or
	(ii)	if he or she wishes the cancellation to be reconsidered while he or she is outside Australia, and he or she departs Australia as soon as possible after being given a notice of the cancellation-28 days. beginning when the former holder of the visa is given a notice of the cancellation.
2.47	Notice of cancellation (Act, s. 129)
		For the purposes of subsection 129 (2) of the Act (which deals with giving notice of cancellation of a visa), the way of giving the former holder of the visa a notice of the cancellation is in writing.
2.48	Revocation of cancellation (Act, s. 131 (2))
		For the purposes of subsection 131 (2) of the Act (which deals with the circumstances in which cancellation of a visa must not be revoked), the circumstance is that the visa was cancelled on a ground prescribed under subsection 116 (3).
[NOTE:	The grounds prescribed under subsection 116 (3) are grounds on which a visa must be cancelled. For those grounds, see subregulation 2.39 (2).]
2.49	Notice of decision whether to revoke cancellation (Act, s. 132)
		For the purposes of subsection 132 of the Act (which deals with notification of a decision about cancellation of a visa), the way of notifying the visa holder of a decision is in writing.
PART 3-IMMIGRATION CLEARANCE AND COLLECTION OF INFORMATION
Division 3.1-Information to be given by arriving persons
3.01	Provision of information (general requirement)
	(1)	In this regulation:
"officer" includes a clearance officer.
	(2)	This regulation applies to:
	(a)	a person who is an overseas passenger:
	(i)	arriving on board a vessel at a port in Australia in the course of, or at the conclusion of, an overseas flight or an overseas voyage; or
	(ii)	leaving Australia on board a vessel bound for or calling at a place outside Australia; and
	(b)	a person on board an aircraft arriving at, or departing from, an airport in Australia, being an aircraft operated by an international air carrier;
other than:
	(c)	a person included in a class of persons set out in an item in Part 1 of Schedule 9, being an item in which the word "no" appears in column 4; and
	(d)	a person who, under regulation 3.06, is not required to complete a passenger card.
	(3)	A person to whom this regulation applies must:
	(a)	complete a passenger card:
	(i)	in relation to the person and to any other person that person is in charge of on the relevant flight or voyage; and
	(ii)	in accordance with directions set out on the passenger card; and
	(b)	give the completed passenger card to an officer.
	(4)	An officer may require a person to whom this regulation applies to provide to the officer information about that person in respect of any of the following matters:
	(a)	name;
	(b)	date of birth and country of birth;
	(c)	citizenship;
	(d)	sex and marital status;
	(e)	usual occupation;
	(f)	passport number;
	(g)	if the person is not:
	(i)	an Australian citizen; or
	(ii)	a person who is eligible for the grant of a Special Category visa or a Permanent Resident of Norfolk Island visa; or
	(iii)	a person who will on entry be taken to hold a special purpose visa;
the number of the Australian visa held by the person;
	(h)	flight number of aircraft or name of ship in relation to the relevant flight or voyage;
	(i)	country in which the person boarded, or intends to disembark from, the aircraft or ship;
	(j)	if the person is entering Australia-the intended address of the person in Australia.
3.02	Passenger card
	(1)	A passenger card must include the following questions, or substantially similar questions:
	(a)	"Do you currently suffer from tuberculosis?";
	(b)	"Have you any criminal conviction/s for which the sentence/s (whether served or not) totalled 12 months imprisonment or more?";
	(c)	"Have you ever been found guilty, or acquitted, of committing a crime because you were of unsound mind?";
	(d)	"Have you ever been deported, removed or excluded from any country (including Australia)?";
	(e)	"Do you owe $1,000 or more to the Commonwealth Government?";
	(f)	"Please tick and answer only one of A, B or C:
			"I am:
		"A.	Migrating permanently to Australia;
			Give:
		Previous country of residence;
		B.	A visitor or temporary entrant;
			Give:
			(1)	Intended length of stay in Australia;
			(2)	Main reason for coming to Australia (tick one only):
				Convention/conference
				Business
				Visiting friends/relatives
				Holiday
				Employment
				Education
				Other
			(3)	Country of residence;
	"C. Resident returning to Australia:
		"Give:
			(1)	Time you have been away from Australia;
			(2)	Country where you spent most time while abroad.".
	(2)	The questions set out in subregulation (1):
	(a)	may be printed on the passenger card in any order; and
	(b)	may be numbered in any way.
	(3)	A passenger card may include instructions for completing it, including instructions that questions are to be answered by ticks or other symbols.
3.03	Evidence of identity of arriving person etc. (Act, s. 166)
	(1)	For the purposes of paragraph 166 (1) (b) of the Act (which deals with information to be provided by a person entering Australia), the information required to be given to a clearance officer is that set out in regulation 3.02.
[NOTE:	Under section 166, a person who enters Australia (other than a person referred to in sections 168 and 169-broadly, persons who have left Australia only for short periods without going to a foreign country, persons in prescribed classes (see below) and allowed inhabitants of the Protected Zone) must give evidence of their identity and provide certain information, and must do so in a prescribed way.]
	(2)	For the purposes of subsection 166 (2) of the Act (which deals with the way in which a person entering Australia must give information), a person who is required to comply with section 166 of the Act must:
	(a)	in the case of an Australian citizen-give a clearance officer a completed passenger card; and
	(b)	in the case of a non-citizen who is taken to hold a special purpose visa:
	(i)	show a clearance officer evidence of the person's identity, as specified in Part 1 of Schedule 9; and
	(ii)	give the clearance officer a completed passenger card where required by Part 1 of Schedule 9; and
	(c)	in the case of a non-citizen who is eligible to hold a special category visa:
	(i)	show a clearance officer a New Zealand passport that is in force; and
	(ii)	give the clearance officer a completed passenger card; and
	(d)	in the case of a non-citizen who has the right of permanent residence on Norfolk Island:
	(i)	show a clearance officer a passport that is in force and is endorsed with an authority to reside indefinitely on Norfolk Island; and
	(ii)	give the clearance officer a completed passenger card; and
	(e)	in the case of a non-citizen other than a non-citizen referred to in paragraph (b), (c) or (d):
	(i)	show a clearance officer his or her passport and evidence of a visa; and
	(ii)	give the clearance officer a completed passenger card.
3.04	Place and time for giving evidence (Act, s. 167)
		For the purposes of subsection 167 (2) of the Act (which deals with the time and place at which a person who enters Australia must comply with section 166):
	(a)	the place at which a person who is required to comply with section 166 must do so is:
	(i)	a regional or area office of Immigration; or
	(ii)	at any place where there is a clearance officer, including a port; and
	(b)	the period within which the person must do so is 2 working days after he or she enters Australia.
3.05	Allowed inhabitants of the Protected Zone (Act, s. 168 (2))
		For the purposes of subsection 168 (2) of the Act (which deals with compliance with section 166 by allowed inhabitants of the Protected Zone):
	(a)	the place at which an allowed inhabitant of the Protected Zone who is required to comply with section 166 must do so is:
	(i)	a regional or area office of Immigration; or
	(ii)	at any place where there is a clearance officer, including a port; and
	(b)	the period within which the inhabitant must do so is 5 working days after he or she goes to a part of the migration zone outside the protected area.
3.06	Persons not required to comply with s. 166 of the Act (Act, s. 168 (3))
		For the purposes of subsection 168 (3) of the Act (which deals with the classes of person not required to give information under section 166), each class of person set out in Part 2 of Schedule 9 is prescribed.
3.07	Persons taken not to leave Australia (Act, s. 80 (c))
		For the purposes of paragraph 80 (c) of the Act, the prescribed period is 30 days.
3.08	Offence-failure to complete a passenger card
		A person who is required by these Regulations to complete a passenger card must not fail to do so.
Penalty:	10 penalty units.
3.09	Evidence of identity-domestic travel on overseas vessels
	(1)	In this regulation:
"boarding pass" means a document that permits a person to board an aircraft, given to the person by the operator of the aircraft;
"officer" includes a clearance officer;
"overseas vessel" has the meaning given by section 165 of the Act.
[NOTE:	"Vessel" includes an aircraft: see s. 5 (1) of the Act.]
	(2)	A person who travels, or appears to intend to travel, on an overseas vessel from a port in Australia to another port in Australia without calling at a port outside Australia may be required by an officer at either port or both ports in Australia to provide evidence of his or her identity to the officer by producing:
	(a)	a passport issued to the person that is in the form in which it was issued; or
	(b)	a document of a kind mentioned in subregulation (3) that:
	(i)	bears the signature or a photograph of the person, or both; and
	(ii)	is in force.
	(3)	The kinds of document referred to in paragraph (2) (b) are the following:
	(a)	an aviation security identity card issued by the operator of the aircraft or by the operator of an airport in Australia;
	(b)	a licence to drive a motor vehicle issued under a law of the Commonwealth or of a State or Territory;
	(c)	a card that identifies the person as:
	(i)	an officer or employee of the Commonwealth or of a State or Territory, or of a Commonwealth, State or Territory authority; or
	(ii)	the holder of an office under the law of the Commonwealth or of a State or Territory;
	(d)	a document issued by the Commonwealth, or by a State or Territory, or by a Commonwealth, State or Territory authority, that identifies the person as being entitled to receive payments as a beneficiary from the government or authority concerned;
	(e)	a card issued by any of the following bodies:
	(i)	Aerospace Technologies of Australia Pty Ltd;
	(ii)	ANL Ltd;
	(iii)	Telstra Corporation Limited;
	(iv)	the Australian National Railways Commission;
	(v)	the Australian Maritime Safety Authority;
	(vi)	the Australian Postal Corporation;
	(vii)	the Civil Aviation Authority;
	(viii)	the Defence Housing Authority;
	(ix)	the Pipeline Authority;
	(x)	the Snowy Mountains Hydro-Electricity Authority.
	(4)	If a person to whom this regulation applies is boarding or disembarking from an overseas vessel that is an aircraft, an officer may require the person to show the officer the person's boarding pass.
	(5)	An officer may require a person who is travelling with a person:
	(a)	who has not turned 16 years of age; and
	(b)	in respect of whom a document cannot be produced to the officer as required;
to write on the boarding pass issued to the first-mentioned person the full name of the second-mentioned person.
3.10	Use of information
	(1)	With the written consent of the Minister, use may be made of information collected under this Part in respect of persons, being information that:
	(a)	is collected from passenger cards or passports, or contained in notified data bases (or both), by an officer of any Department or authority of the Commonwealth, or of a State or Territory; and
	(b)	is concerned with any of the following matters, namely law enforcement, national security, national intelligence, education, health, community services, social welfare, employment, labour, taxation, statistics, quarantine, customs, excise.
	(2)	The consent of the Minister for the use of information concerned with a matter specified in subregulation (1) may be given in respect of a particular occasion or any number of occasions.
	(3)	If:
	(a)	the Commonwealth has entered into an agreement with another country in relation to the provision of information concerning international movements of air traffic and passengers on international flights; and
	(b)	the Minister is satisfied that the provision to that country of the information specified in subregulation (4) would facilitate the handling of aircraft or of passengers travelling to destinations outside Australia;
the Minister may cause that information to be provided to the immigration authorities of that country.
	(4)	The information mentioned in paragraph (3) (b) is the following information in respect of passengers travelling to, or to and beyond, the country referred to in that subregulation:
	(a)	name;
	(b)	date of birth;
	(c)	citizenship;
	(d)	passport number;
	(e)	date of departure from Australia;
	(f)	flight number;
	(g)	place of intended disembarkation;
	(h)	ultimate destination.
	(5)	If the Commonwealth enters into an agreement of a kind referred to in paragraph (3) (a):
	(a)	the Minister must, as soon as is practicable, cause notice of the fact to be published in the Gazette; and
	(b)	information must not be made available under the agreement earlier than the day after the day on which the notice is published.
3.11	Production of deportee or removee
	(1)	If a person has been placed on board a vessel for the purpose of:
	(a)	deportation from Australia under an order made by the Minister under the Act; or
	(b)	removal from Australia;
an officer may require the master to produce the deportee or removee to the officer at any time before the vessel's departure from its last port of call in Australia.
	(2)	The master must not, without reasonable excuse, fail to comply with a requirement under subregulation (1).
3.12	Offences by master of vessel
		The master of a vessel must not:
	(a)	refuse or neglect to afford all reasonable facilities to an officer for the performance of the officer's duties; or
	(b)	deliver to an officer, under these Regulations, a list or statement that is incorrect in a material particular.
Division 3.2-Information about passengers and crew on overseas vessels
3.13	Interpretation:
		In this Division:
"civilian vessel" means a vessel other than a vessel of the regular armed forces of a Government recognised by Australia;
"master" includes owner, charterer, and agent in Australia.
[NOTE:	"Vessel" includes an aircraft: see the Act, s. 5 (1).]
3.14	Information about overseas passengers-inbound civilian vessel
	(1)	If:
	(a)	a civilian vessel arrives at a port in Australia (in this regulation called "the relevant port"); and
	(b)	the vessel carries overseas passengers;
the master must, on the request of an officer, give the officer, to the best of the master's knowledge and belief, the particulars set out in subregulation (2), (3) or (4), as the case requires.
[NOTE:	The penalty for failing to do so is a fine of $100 or imprisonment for 3 months: see regulation 5.32.]
	(2)	If the last port entered by the vessel before its arrival at the relevant port was outside Australia, the particulars are:
	(a)	each passenger's full name; and
	(b)	each passenger's date of birth; and
	(c)	the country of issue and number of each passenger's passport; and
	(d)	the citizenship of each passenger; and
	(e)	the intended address in Australia (if any) of each passenger; and
	(f)	the place in Australia (if any) at which each passenger's journey in the vessel ends.
	(3)	If there are overseas passengers on the vessel whose journey is to end at the relevant port, the particulars in respect of each of those passengers are:
	(a)	his or her full name; and
	(b)	his or her date of birth; and
	(c)	the country of issue and number of his or her passport; and
	(d)	his or her citizenship; and
	(e)	his or her intended address in Australia.
	(4)	If:
	(a)	there are passengers on the vessel who:
	(i)	were on board the vessel when it left a place outside Australia; and
	(ii)	intend to travel in the vessel beyond Australia; and
	(b)	the master has not previously been asked by an officer to give particulars of those passengers;
the particulars of each of those passengers are:
	(c)	his or her full name; and
	(d)	his or her date of birth; and
	(e)	the country of issue and number of his or her passport; and
	(f)	his or her citizenship.
	(5)	The master must, if asked to do so by an officer, give the officer a specified number (not exceeding 6) of copies of a document containing particulars given under this regulation.
3.15	Medical certificate
	(1)	If a list is given to an officer under subregulation 3.14 (2), the medical officer of the vessel must also give the officer a certificate signed by him or her that certifies that, in his or her opinion:
	(a)	no passenger on the vessel; or
	(b)	no passenger on the vessel other than a passenger named in the certificate;
is suffering from:
	(c)	tuberculosis, or any other communicable disease of a fatal or serious nature that is a threat to public health in Australia; or
	(d)	any other disease or condition that would be likely to endanger the Australian community during the person's intended period of stay in Australia; or
	(e)	any disease or condition that, during the person's intended period of stay in Australia:
	(i)	would require significant care or treatment; or
	(ii)	would require care or treatment, or both, involving the use of community resources in short supply; or
	(iii)	would prevent the person from pursuing an intended occupation in Australia; or
	(iv)	would result in the person becoming a significant charge on public funds.
	(2)	If a passenger is named in the certificate as suffering from a disease or condition referred to in paragraph (1) (c), (d) or (e), the certificate must also set out the disease or condition from which the passenger is suffering.
	(3)	If a vessel has no medical officer, the certificate must be signed and given by the master to the best of his or her knowledge and belief.
	(4)	If an officer has required the master of a vessel to provide copies of a document under subregulation 3.14 (5), the medical officer or master must provide the same number of copies of the certificate.
3.16	Information about overseas passengers-outbound civilian vessel
	(1)	If:
	(a)	a civilian vessel leaves a port in Australia on an overseas voyage or an overseas flight; and
	(b)	the vessel carries overseas passengers:
	(i)	who were on board the vessel when it left a place outside Australia, and who intend to travel in the vessel beyond Australia; or
	(ii)	who joined the vessel at that port;
the master of the vessel must give an officer a list setting out, to the best of the master's knowledge and belief, the following particulars of each of those passengers:
	(c)	his or her full name;
	(d)	his or her date of birth;
	(e)	the country of issue and number of his or her passport;
	(f)	his or her citizenship;
	(g)	the place where his or her journey in the vessel ends.
	(2)	The master must, if asked to do so by an officer, give the officer a specified number (not exceeding 6) of copies of a document containing particulars given under this regulation.
3.17	Information about crew
	(1)	The master of a civilian vessel that enters Australia must, at any port of call in Australia, if so requested by an officer:
	(a)	give the officer a list showing the number of members of the crew; and showing, in respect of each member of the crew:
	(i)	his or her full name; and
	(ii)	his or her date of birth; and
	(iii)	his or her citizenship; and
	(iv)	the country of issue and number of his or her passport; and
	(b)	if the vessel is a ship, produce to the officer the ship's articles.
	(2)	The master of a civilian vessel that is a ship must, at the first port of call in Australia of the ship, give an officer a list signed by the master showing the name and citizenship of every person on board other than:
	(a)	a passenger; or
	(b)	a member of the crew whose name appears on the ship's articles as a member of the crew for discharge at a port outside Australia.
PART 4-REVIEW OF DECISIONS;
Division 4.1-Review of decisions other than decisions relating to refugee status
[NOTE:	This Division of Part 4 of the Regulations deals with review of visa decisions. (Review of decisions relating to refugee status is dealt with in Division 4.2.) It refers in many places to the definition of "Part 5 reviewable decision" in section 337 of the Act. Broadly, paragraphs (a) and (b) of that definition cover decisions relating to visas if the person is in Australia. Paragraphs (c) and (d) cover decisions relating to refusal or cancellation of bridging visas if the applicant or former holder is in immigration detention because of that refusal or cancellation. Paragraphs (e), (f) and (g) cover decisions relating to visas that could not be granted in Australia-paragraph (e) covering visas that require an applicant to be nominated or sponsored by an Australian citizen or Australian permanent resident or eligible New Zealand citizen or a body or organisation in Australia; paragraph (f) covering visas that require the applicant to have been an Australian citizen or Australian permanent resident; and paragraph (g) visas that require the applicant to have as a relative an Australian citizen or Australian permanent resident and to have been intending to visit that relative). Paragraph (h) covers decisions relating to points test assessed scores.]
4.01. 	Interpretation
		Expressions used in this Part, other than "nominated" and "sponsored", have the same respective meanings as in Part 5 of the Act.
4.02	Application for internal review
	(1)	For the purposes of paragraph 339 (1) (b) of the Act (which deals with giving applications for review to the Secretary), a regional or area office of Immigration is prescribed.
	(2)	For those purposes, the period for giving an application to the Secretary is:
	(a)	in the case of an internally-reviewable decision of a kind mentioned in paragraph (a) of the definition of "Part 5 reviewable decision" in section 337 of the Act-28 days after the notification of the internally reviewable decision; or
	(b)	in the case of an internally-reviewable decision of the kind mentioned in paragraph (e), (f), (g) or (h) of that definition-70 days after the date on which the decision is notified to the person to whom the decision relates.
	(3)	An application for internal review must set out:
	(a)	the name and address of the applicant for review; and
	(b)	a brief statement of the capacity in which the applicant applies for review; and
	(c)	details of the decision to which the application relates; and
	(d)	if:
	(i)	the application is made in relation to a decision refusing to grant a visa or a decision relating to a points test assessed score; and
	(ii)	the applicant for the review was not also the applicant for the visa;
the name and address of the applicant for the visa.
4.03	Combined applications for internal review
	(1)	If:
	(a)	2 or more visa applicants have combined their primary applications in a way permitted by Schedule 1 or regulation 2.07 in Australia; and
	(b)	the Minister's decisions in respect of 2 or more of those visa applicants are that visas not be granted;
the visa applicants referred to in paragraph (b) may combine their applications for internal review of the Minister's decisions.
	(2)	If:
	(a)	a person has nominated or sponsored 2 or more members of a family unit in respect of primary applications by them of a kind referred to in paragraph (e) of the definition of "Part 5 reviewable decision" in section 337 of the Act; and
	(b)	the Minister's decisions in respect of 2 or more of the members of that family unit are that visas not be granted;
the nominator or sponsor may combine his or her applications for internal review of the Minister's decisions in respect of each of the members of the family unit to whom the Minister refused to grant a visa.
	(3)	If:
	(a)	2 or more visa applicants have combined their primary applications in a way permitted by Schedule 1 for visas of a kind referred to in paragraph (f) or (g) of the definition of "Part 5 reviewable decision" in section 337 of the Act; and
	(b)	the Minister's decisions in respect of 2 or more of those visa applicants are that visas not be granted;
the Australian citizen or Australian permanent resident who is a parent, spouse, child, brother or sister of the visa applicants may combine his or her applications for internal review of the Minister's decisions in respect of each of those visa applicants to whom the Minister refused to grant a visa.
4.04	Internal review-prescribed fee and waiver
	(1)	Subject to this regulation, the prescribed fee on an application for internal review of an internally reviewable decision is $200.
	(2)	If a person combines 2 or more applications for internal review in accordance with regulation 4.03, an application fee is payable in respect of only 1 of those applications.
	(3)	The Secretary may determine that the fee should not be paid in a particular case if he or she is satisfied that payment of the fee has caused, or is likely to cause, severe financial hardship to the review applicant.
4.05	Refund of fee for internal review
	(1)	The amount of a fee paid on an application for review of an internally reviewable decision is to be refunded if:
	(a)	the decision to which the review relates is set aside or varied by a review authority; or
	(b)	the review authority remits the matter to the original decision maker for reconsideration; or
	(c)	under subregulation 4.04 (3), the Secretary determines that the fee should not be paid; or
	(d)	the applicant is not entitled to apply for internal review; or
	(e)	the decision to which the application relates is not subject to internal review; or
	(f)	the Minister has issued a conclusive certificate under subsection 338 (3) of the Act (which deals with the issue of conclusive certificates) in relation to the decision to which the application relates.
[NOTE:	The conclusive certificate certifies that review would be contrary to the public interest.]
	(2)	If an application for review of an internally reviewable decision is withdrawn, the fee paid (if any) on the application is to be refunded if the application is withdrawn because:
	(a)	the death has occurred, since the visa application was made, of:
	(i)	the applicant for the visa that was the subject of the review application; or
	(ii)	a member of that applicant's family unit; or
	(b)	the applicant for the visa that was the subject of the review application has been granted a visa of the class applied for otherwise than because the Minister has reconsidered the primary application and the applicant's score on the reconsideration is more than or equal to the applicable pass mark.
4.06	Review officer's power to give directions
		For the purposes of paragraph 341 (2) (c) of the Act (which deals with a review officer's power to remit):
	(a)	an application for a visa or entry permit made on or after 19 December 1989 is a prescribed matter; and
	(b)	a permissible direction is that the applicant must be taken to have satisfied a specified criterion for the visa or entry permit.
[NOTE:	"prescribed matter": in this case, one that the review officer may remit for reconsideration.]
4.07	Notification of decision of review officer
	(1)	A review officer must notify an applicant of a decision:
	(a)	by sending a notice of the decision to, or leaving a notice of the decision at, the last address given to the Minister by the applicant under section 53 of the Act (which deals with what an applicant must tell the Minister); or
	(b)	by handing a notice of the decision to the applicant or a person specified by the applicant under subsection 53 (4) of the Act.
	(2)	A notice in regard to a decision of the kind referred to in paragraph (h) of the "definition of Part 5 reviewable decision" in section 337 of the Act must set out:
	(a)	the decision of the review officer; and
	(b)	the reason for the decision; and
	(c)	that the decision can be reviewed; and
	(d)	the time in which the application for review may be made; and
	(e)	who can apply for the review; and
	(f)	where the application for review can be made.
	(3)	The review officer must notify the applicant not later than 10 days after making the decision.
[NOTE:	The content of the notice is set out in s. 343 of the Act.]
4.08	Response to invitation to give information or comments on internal review of decision-prescribed periods
	(1)	For the purposes of subsection 58 (2) of the Act (which deals with invitations to make comments or give further information) as applied to the review of a decision by section 342 of the Act (which applies the Code of Procedure to review proceedings), and subject to subregulation (2), the prescribed period for giving additional information or comments in response to an invitation is:
	(a)	in the case of a review application regarding a decision that was made in Australia:
	(i)	in the case of a review application regarding a decision concerning a Long Stay (Visitor) (Class TN) or Short Stay (Visitor) (Class TR) visa-7 days after the applicant is given the invitation; or
	(ii)	in any other case-28 days after the applicant is given the invitation; or
	(b)	in the case of a review application regarding a decision that was made outside Australia:
	(i)	if the information or comments are to be given by the review applicant-28 days; or
	(ii)	if the information or comments are to be given by the visa applicant-28 days, or, if the Minister so decides in the circumstances of the case, 70 days;
after the applicant is given the invitation.
	(2)	Subregulation (1) does not apply to a request for information or comments to be provided by a third party regarding the following matters:
	(a)	the visa applicant's health;
	(b)	the satisfaction by the visa applicant of public interest criteria;
	(c)	the satisfaction of criteria relating to the visa applicant's capacity to communicate in English;
	(d)	assessment of the visa applicant's skills or qualifications.
	(3)	For the purposes of paragraph 58 (3) (b) of the Act (dealing with the period in which an interview must take place) as it applies to a review application under section 342 of the Act, the prescribed period is:
	(a)	in the case of a review application regarding a decision that was made in Australia:
	(i)	in the case of a review application regarding a decision concerning a Long Stay (Visitor) (Class TN) or Short Stay (Visitor) (Class TR) visa-7 days after the applicant is given the invitation; or
	(ii)	in any other case-28 days after the applicant is given the invitation; or
	(b)	in the case of a review application regarding a decision made outside Australia:
	(i)	if the information or comments are to be given by the review applicant-28 days; or
	(ii)	if the information or comments are to be given by the visa applicant-28 days, or, if the Minister so decides in the circumstances of the case,70 days;
after the applicant is given the invitation.
	(4)	For the purposes of subsection 58 (4) of the Act (dealing with extending the period to provide comments), the prescribed further period is:
	(a)	in the case of a review application regarding a decision made in Australia-7 days; or
	(b)	in the case of a review application regarding a decision made outside Australia-28 days.
	(5)	For the purposes of paragraph 58 (5) (b) of the Act (dealing with extending the period to attend for interview), the prescribed further period is:
	(a)	in the case of a review application regarding a decision made in Australia-7 days; or
	(b)	in the case of a review application regarding a decision made outside Australia-28 days.
4.09	IRT-reviewable decisions
		For the purposes of paragraphs 338 (2) (d) and 346 (1) (d) of the Act (which deal with decisions that are not internally reviewable), the following Part 5 reviewable decisions are prescribed to be IRT-reviewable decisions:
	(a)	a decision to refuse a substantive visa, if:
	(i)	the applicant is in immigration detention when the decision is notified to him or her; or
	(ii)	the applicant is a member of a family unit of which another member is in immigration detention at the time the decision is notified to the applicant, and the applications for visas by those 2 members were combined; or
	(iii)	the applicant is a person to whom section 48 of the Act (which deals with persons refused visas or whose visas have been cancelled in Australia) applied at the time he or she made the application;
	(b)	a decision to refuse:
	(i)	a Transitional (Temporary) visa on the basis of an application for a December 1989 (temporary) (code number 440) entry permit made under the Migration (1989) Regulations that is taken, under the Migration Reform (Transitional Provisions) Regulations, to be an application for a Transitional (Temporary) visa; or
	(ii)	a Transitional (Permanent) visa on the basis of an application for:
	(A)	a December 1989 (permanent) (code number 812) entry permit made under the Migration (1989) Regulations; or
	(B)	a Class 812 (December 1989 (permanent)) entry permit made under the Migration (1993) Regulations;
that is taken, under the Migration Reform (Transitional Provisions) Regulations to be an application for a Transitional (Permanent) visa;
	(c)	a decision to refuse a visa made as a delegate of the Minister by:
	(i)	the Secretary; or
	(ii)	an officer holding or acting in a Senior Executive Service position;
	(d)	a decision to cancel a visa.
[NOTE:	"IRT-reviewable decisions" are reviewable only by the Tribunal.]
4.10	Time for lodgement of application for review by the Tribunal
	(1)	Subject to subregulation (2), the period within which an application for review of an IRT-reviewable decision must be given to the Tribunal is:
	(a)	in the case of a primary decision of a kind mentioned in paragraph (a) of the definition of "Part 5 reviewable decision" in section 337 of the Act-28 days after the notification of the IRT-reviewable decision;
	(b)	in the case of a primary decision of a kind mentioned in paragraph (b) of that definition:
	(i)	2 working days after the notification of the IRT-reviewable decision; or
	(ii)	if the applicant gives notice to the Tribunal within those 2 working days that he or she intends to apply for review of the decision-5 working days after the applicant gives that notice;
	(c)	in the case of a primary decision of a kind mentioned in paragraph (e), (f), (g) or (h) of that definition-70 days after the notification of the IRT-reviewable decision.
	(2)	The period within which an application for review of an IRT-reviewable decision must be given to the Tribunal by an applicant in immigration detention is:
	(a)	in the case of an application for review of a decision of a kind referred to in paragraph (c) or (d) of the definition of "Part 5 reviewable decision" in section 337 of the Act-2 working days after the notification of the IRT-reviewable decision; or
	(b)	in any other case:
	(i)	2 working days after the notification of the IRT-reviewable decision; or
	(ii)	if the applicant gives notice to the Tribunal within those 2 working days that he or she intends to apply for review of the decision-5 working days after the applicant gives that notice.
	(3)	For the purposes of subparagraph (1) (b) (ii) or paragraph (2) (b), notice is taken to be given to the Tribunal when it is received at a registry of the Tribunal.
	(4)	An application for review of an IRT-reviewable decision must set out:
	(a)	the name and address of the applicant for review; and
	(b)	a brief statement of the capacity in which the applicant applies for review; and
	(c)	details of the decision to which the application relates; and
	(d)	if:
	(i)	the application is made in relation to a decision refusing to grant a visa, or a decision relating to a points test assessed score; and
	(ii)	the applicant for the review was not also the applicant for the visa;
the name and address of the applicant for the visa.
	(5)	An application that is sent to the Tribunal by post is taken to be given to the Tribunal at the time it is received at a registry of the Tribunal.
	(6)	An application that is sent to the Tribunal by facsimile is taken to be given to the Tribunal at the time the facsimile is received at a registry of the Tribunal.
4.11	Giving the application to the Tribunal
		An application for review by the Tribunal must be given to the Tribunal:
	(a)	in the case of a primary decision referred to in paragraph (c) or (d) of the definition of "Part 5 reviewable decision" in section 337 of the Act-at a registry of the Tribunal, by:
	(i)	any method set out in subparagraph (c) (i), (ii) or (iii); or
	(ii)	by sending it to that registry by facsimile transmission; or
	(b)	in the case of a primary decision of any other kind, by an applicant who is in immigration detention:
	(i)	at a registry of the Tribunal, by:
	(A)	any method set out in subparagraph (c) (i), (ii) or (iii); or
	(B)	sending it to that registry by facsimile transmission; or
	(ii)	by giving it to an officer of Immigration at a detention centre, or at an office occupied by an officer of Immigration at an airport; or
	(c)	in any other case-at a registry of the Tribunal:
	(i)	by posting it to that registry; or
	(ii)	by leaving it at that registry in a box designated for receiving applications; or
	(iii)	by leaving it with an officer of the Tribunal at that registry.
4.12	Combined applications for review by the Tribunal
	(1)	If:
	(a)	2 or more persons have, in accordance with regulation 4.03, combined their applications for internal review of decisions of the Minister; and
	(b)	the review officer's decisions in respect of 2 or more of those persons are that the primary decisions be affirmed;
the persons referred to in paragraph (b) may combine their applications for review by the Tribunal of the review officer's decisions.
	(2)	If:
	(a)	2 or more applicants have combined their primary applications in Australia in a way permitted by Schedule 1 or regulation 2.08; and
	(b)	the Minister's decisions in respect of 2 or more of those applicants are that a visa not be granted; and
	(c)	the Minister's decisions are IRT-reviewable decisions;
the applicants referred to in paragraph (b) may combine their applications for review by the Tribunal of the Minister's decisions.
	(3)	If:
	(a)	a person has nominated or sponsored 2 or more members of a family unit in respect of their primary applications for visas of a kind referred to in paragraph (e) of the definition of "Part 5 reviewable decision"; and
	(b)	the Minister's decisions in respect of 2 or more of the members of that family unit are that a visa not be granted; and
	(c)	the nominator or sponsor has, in accordance with regulation 4.03, combined his or her applications for internal review of the Minister's decisions in respect of each of the members of the family unit to whom the Minister refused to grant a visa; and
	(d)	the review officer's decisions in respect of 2 or more of those members are that the primary decisions be affirmed;
the nominator or sponsor may combine his or her applications for review by the Tribunal of the Minister's decisions in respect of each of the members of the family unit to whom the Minister refused to grant a visa.
	(4)	If:
	(a)	a person has nominated or sponsored 2 or more members of a family unit in respect of their primary applications for visas of a kind referred to in paragraph (e) of the definition of "Part 5 reviewable decision"; and
	(b)	the Minister's decisions in respect of 2 or more of the members of that family unit are that a visa not be granted; and
	(c)	the Minister's decisions are IRT-reviewable decisions;
the nominator or sponsor may combine his or her applications for review by the Tribunal of the Minister's decisions in respect of each of the members of the family unit to whom the Minister refused to grant a visa.
	(5)	If:
	(a)	2 or more members of a family unit have combined their primary applications, in a way permitted by Schedule 1 or regulation 2.08, for visas of a kind referred to in paragraph (f) or (g) of the definition of "Part 5 reviewable decision" in section 337 of the Act; and
	(b)	the Minister's decisions in respect of 2 or more of the members of that family unit are that visas not be granted; and
	(c)	the Australian citizen or Australian permanent resident who is a parent, spouse, child, brother or sister of the applicants has, in accordance with regulation 4.03, combined his or her applications for internal review of the Minister's decisions in respect of 2 or more of the members of the family unit to whom the Minister refused to grant a visa; and
	(d)	the review officer's decisions in respect of 2 or more of those members are that the primary decisions be affirmed;
the Australian citizen or Australian permanent resident referred to in paragraph (c) may combine his or her applications for review by the Tribunal of the review officer's decisions in respect of each of the members of the family unit to whom the Minister refused to grant a visa.
	(6)	If:
	(a)	2 or more visa applicants have combined their primary applications, in a way permitted by Schedule 1 or regulation 2.07, for visas of a kind referred to in paragraph (f) or (g) of the definition of "Part 5 reviewable decision" in section 337 of the Act; and
	(b)	the Minister's decisions in respect of 2 or more of those visa applicants are that visas not be granted; and
	(c)	the Minister's decisions are IRT-reviewable decisions;
the Australian citizen or Australian permanent resident who is a parent, spouse, child, brother or sister of the visa applicants may combine his or her applications for review by the Tribunal of the Minister's decisions in respect of each of those visa applicants to whom the Minister refused to grant a visa.
4.13	Review by the Tribunal-prescribed fee and waiver
	(1)	Subject to this regulation, the prescribed fee on an application for review by the Tribunal of a decision is $300.
	(2)	No fee is payable on an application for review by the Tribunal of a primary decision of a kind referred to in paragraph (c) or (d) of the definition of "Part 5 reviewable decision" in section 337 of the Act.
	(3)	If a person combines 2 or more applications for review by the Tribunal in accordance with regulation 4.12, an application fee is payable in respect of only 1 of those applications.
	(4)	The Registrar, or a Deputy Registrar, of the Tribunal may determine that the fee on an application for review by the Tribunal of a decision should not be paid if he or she is satisfied that payment of the fee has caused, or is likely to cause, severe financial hardship to the review applicant.
4.14	Refund of fee for review by Tribunal
	(1)	The amount of a fee paid on an application for review by the Tribunal is to be refunded if:
	(a)	the decision to which the review relates is set aside or varied; or
	(b)	the application is remitted to the primary decision-maker for reconsideration; or
	(c)	the Registrar or a Deputy Registrar determines under subregulation 4.13 (4) that the fee should not be paid; or
	(d)	the applicant is not entitled to apply for review by the Tribunal; or
	(e)	the decision to which the application relates is not subject to review by the Tribunal; or
	(f)	the Minister has given a conclusive certificate as referred to in subsection 346 (4) of the Act (which deals with conclusive certificates) in relation to the decision to which the application relates.
[NOTE:	The conclusive certificate certifies that review would be contrary to the public interest.]
	(2)	If an application for review by the Tribunal is withdrawn, the fee paid on the application is to be refunded if the application is withdrawn because:
	(a)	the death has occurred, since the visa application was made, of:
	(i)	the applicant for the visa that was the subject of the application; or
	(ii)	a member of that applicant's family unit; or
	(b)	the applicant for the visa that was the subject of the application has been granted a visa of the class applied for otherwise than because the Minister has reconsidered the primary application and the applicant's score on the reconsideration is more than or equal to the applicable pass mark.
4.15	Tribunal's power to give directions
		For the purposes of paragraph 349 (2) (c) of the Act (which deals with the Tribunal's power to remit):
	(a)	an application for a visa or entry permit made on or after 19 December 1989 is a prescribed matter; and
	(b)	a permissible direction is that the applicant must be taken to have satisfied a specified criterion for the visa or entry permit.
[NOTE:	1.	"Prescribed matter": in this case, a matter that the Tribunal may remit for reconsideration.
	2.	See s. 390 of the Act, which modifies the Administrative Appeals Tribunal Act 1975 for the purposes of review by the Administrative Appeals Tribunal of migration decisions. Under s. 43 (1A) (c), taken to be inserted in the Administrative Appeals Tribunal Act for those purposes, the matters set out in regulation 4.15 apply also to review by the Administrative Appeals Tribunal.]
4.16	Statement about decision under review
		The number of copies that the Secretary must give to the Registrar under subsection 352 (2) of the Act (which deals with the statement that the Secretary must give to the Tribunal) is 1.
4.17	Time limits etc. in relation to other evidence-bridging visa decisions
	(1)	In a case where the Tribunal is reviewing a decision referred to in paragraph (c) or (d) of the definition of "Part 5 reviewable decision", a person who is required to provide to the Tribunal other evidence referred to in paragraph 360 (1) (b) of the Act (which deals with other evidence that the Tribunal considers is necessary) must provide the evidence within 2 working days after the person is notified that the Tribunal has required the evidence to be obtained.
	(2)	The other evidence referred to in subregulation (1) may be provided by facsimile transmission.
	(3)	If the other evidence referred to in subregulation (1) is provided by facsimile transmission, it is taken to have been provided at the time the facsimile is sent.
	(4)	For the purposes of this regulation, evidence is not to be taken to be provided until received at a registry of the Tribunal.
4.18	Time limits etc. in relation to other evidence-decisions other than bridging visa  decisions
	(1)	In a case other than a case referred to in subregulation 4.17 (1), a person who is required to provide to the Tribunal other evidence referred to in paragraph 360 (1) (b) of the Act (which deals with other evidence that the Tribunal considers is necessary) must provide the evidence within whichever is applicable of the following periods after the person is notified that the Tribunal has required the evidence to be obtained:
	(a)	if the evidence is provided personally-10 days; or
	(b)	if the evidence is provided by post from a place in Australia:
	(i)	14 days; or
	(ii)	if the Tribunal so directs-28 days; or
	(c)	if the evidence is provided by post from a place outside Australia:
	(i)	30 days; or
	(ii)	if the Tribunal so directs-70 days.
	(2)	The other evidence referred to in subregulation (1) may be provided by facsimile transmission.
	(3)	If the other evidence referred to in subregulation (1) is provided by facsimile transmission, it is taken to have been provided at the time the facsimile is received at a registry of the Tribunal.
	(4)	For the purposes of this regulation, evidence is not to be taken to be provided until received at a registry of the Tribunal.
4.19	Summons to attend before Tribunal
		A summons referred to in subsection 363 (3) of the Act (which deals with summonses to give evidence or produce documents) may be served on a person:
	(a)	by delivering the summons to the person personally;
	(b)	by leaving it at the last-known place of residence of the person with a person who appears to live there and who appears to have turned 16; or
	(c)	by sending the summons by certified post to the person's last known place of residence; or
	(d)	in the case of a summons to the review applicant-if the review applicant has notified the Tribunal of an address for service under regulation 4.39, by sending the summons by certified post to that address.
4.20	Fees for persons giving evidence
	(1)	For the purposes of subsection 374 (1) of the Act (which deals with the fees and allowances to be paid to a person summoned to give evidence), the fees and allowances for expenses to be paid to a person summoned to appear before the Tribunal in relation to a review by the Tribunal are the fees and allowances in accordance with the scale in Schedule 2 to the Administrative Appeals Tribunal Regulations as in force from time to time.
	(2)	The presiding member of the Tribunal is to determine the fees and allowances (if any) payable to a person under subregulation (1).
4.21	Number of Senior Members and of members of the Tribunal (Act, s. 394)
	(1)	For the purposes of paragraph 394 (b) of the Act (which deals with the number of Senior Members of the Tribunal), 6 is prescribed.
	(2)	For the purposes of paragraph 394 (c) of the Act (which deals with the number of members of the Tribunal), 50 is prescribed.
4.22	Prescribed allowances-section 398 of the Act
	(1)	For the purposes of section 398 of the Act (which deals with the remuneration of the Principal Member), the allowance for the Principal Member in relation to attendance in respect of his or her duties as Principal Member is $6.63 for each day or part of a day on which he or she so attends in respect of those duties.
	(2)	The allowance under subregulation (1) is not payable for a Saturday or Sunday, a public holiday or any day on which the Principal Member is officially on leave from his or her duties.
4.23	Expedited review (close family visit visas)
	(1)	If:
	(a)	an application for:
	(i)	a Short Stay (Visitor) (Class TR) visa is refused on the ground that:
	(A)	the criterion specified in paragraph 673.221 (2) (c) in Part 673 of Schedule 2 is not met; or
	(B)	in relation to public interest criterion 4011, the criterion specified in paragraph 673.221 (2) (e) in Part 673 of that Schedule is not met; or
	(ii)	a Long Stay (Visitor) (Class TN) visa is refused on the ground that:
	(A)	the criterion specified in paragraph  683.221 (2) (c) in Part 683 of that Schedule is not met; or
	(B)	in relation to public interest criterion 4011, the criterion specified in clause 683.221 (2) (e) in Part 683 of that Schedule is not met; and
	(b)	the application was made for the purposes of participation by the applicant in an event of special family significance in which the applicant is directly concerned; and
	(c)	the applicant identified the event and the applicant's concern in the application; and
	(d)	the application was made long enough before the event to allow for internal review, and review by the Tribunal, if the application were refused;
the refusal must be reviewed immediately by a review officer on receipt of an application for internal review.
	(2)	A decision of a review officer must be reviewed immediately by the Tribunal on receipt of an application for review of the decision.
	(3)	A review authority must give notice of its decision in respect of an application for review to the applicant as soon as practicable.
4.24	Expedited review (decision to cancel visa)
	(1)	A decision to cancel a visa (other than a decision of a kind referred to in paragraph (d) of the definition of "Part 5 reviewable decision" in section 337 of the Act) must be reviewed immediately by the Tribunal on receipt by it of an application for review of the decision.
	(2)	The Tribunal must give notice of its decision in respect of an application for review to the applicant as soon as practicable.
4.25	Expedited review (certain applicants in immigration detention)
	(1)	If:
	(a)	a decision is made to refuse a substantive visa; and
	(b)	the person who applied for the visa is in immigration detention when the review application is made;
the Tribunal must review the decision immediately on receipt of the application.
	(2)	The Tribunal must give notice of its decision in respect of an application for review to the applicant as soon as practicable.
4.26	Prescribed period for making certain decisions (Act, s. 367)
		For the purposes of subsection 367 (1) of the Act (which deals with the time for the Tribunal to make a decision in certain cases), the prescribed time is 7 working days.
[NOTE:	Subsection 367 (1) of the Act provides for the Regulations to limit the time for the Tribunal to decide on review of certain decisions regarding bridging visas.]
4.27	Delegation by Secretary
		The Secretary may, by signed instrument, delegate the Secretary's powers under this Division to an officer of Immigration who is a review officer for the purposes of Part 5 of the Act.
Division 4.2-Refugee Review Tribunal and decisions relating to protection visas
Subdivision 4.2.1-Introductory
4.28	Interpretation
		Expressions used in this Division and in Part 7 of the Act have the same respective meanings in this Division as in that Part.
Subdivision 4.2.2-Tribunal members
4.29	Membership
		For the purposes of paragraph 458 (b) of the Act, the prescribed number of members (other than the Principal Member) of the Tribunal is 100.
4.30	Remuneration and allowances
		For the purposes of subsection 463 (3) of the Act, the remuneration and allowances of the first full-time member (other than the Principal Member) to be appointed are the maximum remuneration and allowances payable to a holder of an office in the Senior Executive Service of the Australian Public Service classified as SES Band 1.
Subdivision 4.2.3-General
4.31	Applications
	(1)	For the purposes of paragraph 412 (1) (b) of the Act, each period stated in subregulation (2) is prescribed as the period within which an application for review of an RRT-reviewable decision to which the period applies must be given to the Tribunal.
	(2)	A period mentioned in subregulation (1) commences on the day on which the applicant is notified of the decision to which the application relates, and ends at the end of:
	(a)	in the case of an application given to the Tribunal by or for an applicant in immigration detention on that day-7 working days (beginning with the first working day that occurs on or after that day); or
	(b)	in any other case-28 days.
[NOTE:	As to when an applicant is taken to be notified, see  r. 5.03.]
	(3)	Subject to this regulation, an application must be lodged at a registry of the Tribunal:
	(a)	by posting the application to that registry; or
	(b)	by leaving it at that registry in a box designated for the lodgment of such applications; or
	(c)	by leaving it with a person employed at that registry and authorised to receive such documents; or
	(d)	by means of electronic facsimile transmission to that registry.
	(4)	An application posted in accordance with paragraph (3) (a) or transmitted in accordance with paragraph (3) (d) is not to be taken to have been lodged until it is received at a registry of the Tribunal.
4.32	Notice of lodgment of application-person in immigration detention
	(1)	This regulation applies in the case of an application for review of an RRT-reviewable decision that is lodged by or for a person who is in immigration detention.
	(2)	The person lodging it must give notice in writing, in accordance with subregulation (3), to an officer of Immigration appointed by the Secretary to be a detention review officer in the relevant State or Territory.
	(3)	The notice must:
	(a)	be given to the officer on the day on which the application is lodged; and
	(b)	state:
	(i)	the nature of the application and the name of the person in respect of whom it was lodged; and
	(ii)	the registry at which it was lodged; and
	(iii)	if the applicant is assisted by an agent (whether or not a registered agent within the meaning of Part 3 of the Act), the agent's name and address; and
	(iv)	the manner in which the application has been lodged (being a manner specified in subregulation 4.31 (3)).
	(4)	Failure to comply with this regulation does not affect the validity of an application.
4.33	Powers of Tribunal
	(1)	For the purposes of paragraph 415 (2) (c) of the Act, an application for a Protection (Class AZ) visa is prescribed.
	(2)	For the purposes of paragraphs 415 (2) (c) of the Act and 43 (1A) (c) of the Administrative Appeals Tribunal Act 1975 (as substituted in relation to an RRT-reviewable decision by section 452 of the Act), it is a permissible direction that the applicant must be taken to have satisfied the criteria for the visa that are specified in the direction.
4.34	Statement about decision under review-number of copies
		For the purposes of subsection 418 (2) of the Act, the prescribed number of copies of a statement of the kind mentioned in that subsection is 1.
4.35	Time limit for providing evidence
	(1)	This regulation applies where the Tribunal, acting under paragraph 425 (1) (b) of the Act, gives a person notice requiring the person to provide evidence to the Tribunal.
	(2)	If the person is required to provide the evidence in person, the person must provide the evidence within a period of 10 days after the date of notification.
	(3)	If the person is required to provide the evidence by post from a place in Australia, the person must post the evidence in time for it to be received at the registry in due course of post within:
	(a)	a period of 14 days after the date of notification; or
	(b)	if the Tribunal directs a longer period, not exceeding 28 days, after the date of notification-that longer period.
	(4)	If the person is required to provide the evidence by post from a place outside Australia, the person must post the evidence in time for it to be received at the registry in due course of post within:
	(a)	a period of 30 days after the date of notification; or
	(b)	if the Tribunal directs a longer period, not exceeding 70 days, after the date of notification-that longer period.
	(5)	In requiring a person to provide evidence, the Tribunal is to specify whether the person is required to provide the evidence in person, by post from a place in Australia or by post from a place outside Australia.
4.36	Duties, powers and functions of officers of Tribunal
		Each officer of the Tribunal has the following duties, powers and functions:
	(a)	the issuing of a summons by the Tribunal under paragraph 427 (3) (a) or (b) of the Act;
	(b)	the obtaining of documents in connection with the review of an RRT-reviewable decision;
	(c)	the directing of attendance at a registry of the Tribunal in connection with the review of an RRT-reviewable decision.
4.37	Fees and allowances for persons giving evidence
	(1)	For the purposes of subsection 436 (1) of the Act, the fees and allowances for expenses to be paid to a person summoned to appear before the Tribunal in relation to a review by the Tribunal are the fees and allowances in accordance with the scale in Schedule 2 to the Administrative Appeals Tribunal Regulations as in force from time to time.
	(2)	The principal member of the Tribunal is to determine the fees and allowances (if any) payable to a person under subregulation (1).
Division 4.3-Service of documents
4.38	Interpretation
		In this Division:
"Tribunal" means the Immigration Review Tribunal or the Refugee Review Tribunal.
4.39	Address for service
	(1)	In this regulation:
"lodge an address for service", in relation to an applicant for review, means give the Tribunal notice in writing of an address at which documents relating to a review may be sent to the applicant.
	(2)	An applicant for review may:
	(a)	lodge an address for service in a review; and
	(b)	at any time after lodging an address for service, lodge a new address for service in that review.
	(3)	If an applicant for review lodges with the Tribunal a new address for service under paragraph (2) (b):
	(a)	that new address becomes the applicant for review's address for service in the review; and
	(b)	he or she must, immediately after doing so, serve on the Minister a notice of that new address for service.
	(4)	An address for service may be, but need not be, the applicant's residential address.
4.40	Notice of decision of Tribunal
	(1)	A notice or statement to be given to an applicant in relation to a decision of the Tribunal is to be taken to be duly given if the notice or statement is given:
	(a)	by posting it to the last address for service provided by the applicant in connection with his or her application for review; or
	(b)	by posting it to the residential address provided by the applicant in his or her application for review; or
	(c)	by giving it to the applicant or to a person authorised by the applicant to receive documents of that kind on behalf of the applicant; or
	(d)	by leaving it at the place of residence of the applicant with a person who appears to live there and appears to have turned 16.
	(2)	It is sufficient compliance with the requirement to give a notice or statement under subregulation (1) if a facsimile or certified copy of the notice or statement is so given.
	(3)	A document posted in accordance with paragraph (1) (a) or (b) must bear correct pre-paid postage and, if the document is posted to an overseas address, the postage must be at the full airmail rate.
4.41	Service of documents
	(1)	If:
	(a)	a document is to be given to, or served on, a person for the purposes of a review by the Tribunal; and
	(b)	no other provision as to the manner of giving or serving the document is made by the Act or these Regulations;
the document may be given or served:
	(c)	if the person has lodged an address for service under regulation 4.39, by posting it to, or leaving it at, that address; or
	(d)	if the person has not lodged an address for service:
	(i)	by giving it to the person personally or to a person duly authorised to receive documents on behalf of the first-mentioned person; or
	(ii)	by posting it to the person at his or her last-known place of residence; or
	(iii)	by leaving it at that place of residence of the person with another person who apparently lives there and has apparently turned 16.
	(2)	It is sufficient compliance with a requirement to give or serve a document referred to in subregulation (1) if a facsimile or certified copy of the document is given or served in accordance with that subregulation.
	(3)	A document posted in accordance with paragraph (1) (d) must bear correct pre-paid postage and, if the document is posted to an overseas address, the postage must be at the full airmail rate.
	(4)	A document posted in accordance with this regulation is taken to be received at a time worked out as set out in regulation 5.03.
PART 5-MISCELLANEOUS
Division 5.1-Service of documents
5.01	Interpretation
		In this Division:
"document" includes:
	(a)	a letter; and
	(b)	an invitation, notice, notification, statement or summons, if it is in writing.
5.02	Service on a person in immigration detention
	(1)	For the purposes of these Regulations, a notice to be served on a person in immigration detention must:
	(a)	be in writing; and
	(b)	be served by:
	(i)	giving it to the person himself or herself, or to another person authorised by him or her to receive documents on his or her behalf; or
	(ii)	sending it to his or her address last known to the Minister.
	(2)	A document that is sent to a person is taken to be received by the person at the time worked out as set out in  regulation 5.03.
5.03	Time of receipt of notice etc. that is sent
	(1)	For the purposes of these Regulations, and subject to specific provision elsewhere in these Regulations, a document that is sent by the Minister or a Tribunal is taken to be received:
	(a)	if the notice is sent from a place in Australia to an address in Australia-7 days after the date of the letter; or
	(b)	if the notice is sent from:
	(i)	a place outside Australia to an address in Australia; or
	(ii)	a place in Australia to an address outside Australia; or
	(iii)	a place outside Australia to an address outside Australia;
21 days after the date of the letter.
	(2)	Subregulation (1) does not apply to a document unless it is posted within 7 days after the date of the document.
Division 5.2-Procedure of commissioners and prescribed authorities
[NOTE:	If a person is proposed to be deported because he or she was convicted of certain serious offences (set out in section 203 of the Act), he or she may ask the Minister to appoint a Commissioner to inquire into whether the grounds for the deportation have been made out. Section 253 of the Act provides that if a person arrested as a deportee asserts that he or she is not the person named in the deportation order, and makes a statutory declaration saying so, the person must be taken before a prescribed authority, who must inquire into whether there are reasonable grounds for supposing the person to be a deportee. The persons who may be prescribed authorities are set out in section 255 and include a judge or former judge, a legal practitioner of at least 5 years' standing, and a magistrate.]
5.04	Power of Commissioner to send for witnesses and documents
		A Commissioner appointed under subsection 203 (4) of the Act (which deals with the appointment of commissioners) may, by writing signed by the Commissioner, summon any person:
	(a)	to attend before the Commissioner at a time and place specified in the summons; and
	(b)	to give evidence; and
	(c)	to produce any books or documents in the person's custody or control which the person is required by the summons to produce.
5.05	Duty of witness to continue in attendance
		A person who has been summoned to attend before a Commissioner as a witness must appear and report from day to day, unless excused by the Commissioner.
Penalty:	10 penalty units.
5.06	Arrest of witness failing to appear
	(1)	If a person who has been summoned to attend before a Commissioner fails:
	(a)	to attend before the Commissioner as required by the summons; or
	(b)	to appear and report in accordance with regulation 5.05;
the Commissioner may, on being satisfied that the summons has been duly served and that reasonable expenses have been paid or tendered to the person, issue a warrant for the person's arrest.
	(2)	A warrant authorises:
	(a)	the arrest and bringing before the Commissioner of the person; and
	(b)	the detention of the person in custody for the purposes specified in the warrant until the person is released by order of the Commissioner.
	(3)	A warrant may be executed by a member of the police force of the Commonwealth or of a State or Territory or by any person to whom it is addressed, and the person executing it has power to break and enter any place, building or vessel for the purpose of executing the warrant.
	(4)	The arrest of a person under this regulation does not relieve that person from any liability incurred by the person because of the failure of that person to attend before the Commissioner.
5.07	Witnesses' fees
	(1)	A person who attends to give evidence before a Commissioner is, in respect of that attendance, to be paid such fees and travelling expenses as the Commissioner allows in accordance with the scale in Schedule 2 to the Public Works Committee Regulations as in force from time to time.
	(2)	The fees and travelling expenses are payable:
	(a)	in the case of a witness summoned at the request of the person to whom the investigation relates-by that person; and
	(b)	in any other case-by the Commonwealth.
5.08	Power to examine on oath or affirmation
	(1)	A Commissioner may administer an oath to a person appearing as a witness before the Commissioner, whether the witness has been summoned or appears without being summoned, and may examine the witness on oath.
	(2)	If a witness conscientiously objects to swear an oath, the witness may make an affirmation that the witness conscientiously objects to swear an oath and that the witness will state the truth, the whole truth, and nothing but the truth to all questions the witness is asked.
	(3)	An affirmation so made is of the same force and effect, and entails the same liabilities, as an oath.
5.09	Offences by witnesses
		A person summoned to attend before a Commissioner as a witness must not:
	(a)	without reasonable cause, fail to attend, after payment or tender to the person of a reasonable sum for expenses of attendance; or
	(b)	refuse to be sworn or to make an affirmation as a witness, or to answer any question when required to do so by the Commissioner; or
	(c)	without reasonable cause, refuse or fail to produce a book or document which the person was required by the summons to produce.
Penalty:	10 penalty units.
5.10	Statements of person not admissible in evidence against the person
		A statement or disclosure made by a person in answer to a question put to the person during an investigation by a Commissioner is not admissible in evidence against the person in any civil or criminal proceedings other than:
	(a)	proceedings in respect of a false answer; or
	(b)	proceedings relating to the deportation of the person.
5.11	Representation by counsel etc.
	(1)	In an investigation before a Commissioner, the person summoned to appear and the Minister are each entitled to be represented by a barrister or solicitor or by an agent approved by the Commissioner.
	(2)	A barrister, solicitor or agent appearing before a Commissioner may examine or cross-examine witnesses and address the Commissioner.
5.12	Offences in relation to Commissioners
		A person must not:
	(a)	wilfully insult or disturb a Commissioner when exercising powers and functions under the Act; or
	(b)	interrupt the proceedings of a Commissioner; or
	(c)	use insulting language towards a Commissioner; or
	(d)	by writing or speech use words calculated to influence improperly a Commissioner or a witness before a Commissioner.
Penalty:	10 penalty units.
5.13	Protection of Commissioners, barristers and witnesses
	(1)	A Commissioner has, in the performance of the duties of a Commissioner, the same protection and immunity as a Justice of the High Court.
	(2)	A barrister, solicitor or approved agent appearing before a Commissioner has the same protection and immunity as a barrister has in appearing for a party in proceedings in the High Court.
	(3)	A witness summoned to attend, or appearing, before a Commissioner has the same protection as a witness in proceedings in the High Court.
5.14	Procedure of prescribed authorities
		This Part applies to:
	(a)	prescribed authorities referred to in section 255 of the Act; and
	(b)	proceedings before those prescribed authorities under section 253 of the Act;
in the same manner as it applies to Commissioners and proceedings before Commissioners and as if references in those provisions to a Commissioner were references to a prescribed authority.
Division 5.3-General
5.15	Behaviour concern non-citizen
		For the purposes of paragraph (e) of the definition of "behaviour concern non-citizen" in subsection 5 (1) of the Act, each of the following circumstances is prescribed in relation to the exclusion of a person from a country other than Australia:
	(a)	that the person refused or failed to present a passport on request by the competent authorities in that country in circumstances in which it would be unreasonable to refuse or fail to do so;
	(b)	that the person presented to those authorities a passport that was a bogus document;
	(c)	that the person was reasonably refused entry to that country on the ground that the person was not a genuine visitor;
	(d)	that the authorities of that country considered the person to be a threat to the national security of the country.
5.16	Prescribed diseases-health concern non-citizen (Act, s. 5 (1))
		For the purposes of the definition of "health concern non-citizen" in subsection 5 (1) of the Act, tuberculosis (being tuberculosis that is not being controlled with medication, and in respect of which the person suffering from it refuses to sign an undertaking to visit a Commonwealth Medical Officer within 7 days of entering Australia) is a prescribed disease.
5.17	Prescribed evidence of English language proficiency (Act, s. 5 (2) (b))
		For the purposes of paragraph 5 (2) (b) of the Act (dealing with whether a person has functional English), the evidence referred to in each of the following paragraphs is prescribed evidence of the English language proficiency of a person:
	(a)	evidence that the person has completed all his or her primary education and at least 3 years of secondary education at institutions where instruction was then conducted in English;
	(b)	evidence that the person has completed at least 5 years of secondary education at institutions where instruction was then conducted in English;
	(c)	evidence that the person has completed a course of training of a duration of at least 3 years leading to the award of a tertiary qualification at institutions where instruction was then conducted in English;
	(d)	evidence that the person has passed the Occupational English Test;
	(e)	evidence that the person has attained the functional level of the ACCESS test, being evidence in the form of a copy of results of a test:
	(i)	completed not more than 12 months before the person applies for the grant of a visa in relation to which those results are relevant; or
	(ii)	completed after the application is made;
and certified by the body that conducted the test as the results of the test of the person;
	(f)	evidence that the person has been assessed as having functional English by the provider of a course that is an approved English course for the purposes of section 4 of the Immigration (Education) Act 1971;
	(g)	evidence that the person has attained an overall band score of at least 5 on the IELTS test, being evidence in the form of a copy of results of a test:
	(i)	completed not more than 12 months before the person applies for the grant of a visa in relation to which those results are relevant; or
	(ii)	completed after the application is made;
and certified by the body that conducted the test as the results of the test of the person;
	(h)	in the case of a person who is an applicant for a Business Skills (Migrant) class visa-evidence that the person has a score of at least 20 points under Part 3 of Schedule 7, being a score awarded on the basis of an interview of the person for the purpose of ascertaining that score;
	(j)	if:
	(i)	the person is an applicant for a visa of a class that is not mentioned in paragraph (h); and
	(ii)	evidence referred to in paragraph (a), (b), (c) or (d) cannot be provided by the person; and
	(iii)	it is not reasonably practicable for the person to attend at a place where, or time when, he or she could be subjected to a test mentioned in paragraph (e) or (f);
evidence that the person has been determined by the Minister, on the basis of an interview with the person, to have functional English.
5.18	Prescribed laws relating to control of fishing (Act, s. 262 (b))
		For the purposes of paragraph 262 (b) of the Act (specifying laws that, if broken by a non-citizen in certain circumstances, will render the non-citizen liable to repay costs to the Commonwealth), the following laws are prescribed:
	(a)	the following laws of the Commonwealth:
	(i)	the Continental Shelf (Living Natural Resources) Act 1968;
	(ii)	the Fisheries Act 1952;
	(iii)	the Fisheries Management Act 1991;
	(iv)	the Torres Strait Fisheries Act 1984;
	(b)	the following laws of Queensland:
	(i)	the Fisheries Act 1976;
	(ii)	the Fishing Industry Organisation and Marketing Act 1982;
	(c)	the Fisheries Act 1905 of Western Australia.
5.19	Approved appointments (employer nomination)
	(1)	A proposed appointment is an approved appointment for the purpose of these Regulations if it is the subject of an employer nomination that meets the requirements of subregulation (2).
	(2)	An employer nomination meets the requirements of this subregulation if:
	(a)	the employer nomination is made by an employer in respect of a need for a paid employee in a business:
	(i)	located in Australia; and
	(ii)	operated by that employer; and
	(b)	the work to be performed requires the appointment of a highly skilled person; and
	(c)	the appointment will provide the employee with full-time employment and:
	(i)	will be permanent; or
	(ii)	in the case of an appointment to an academic or scientific-research position in an academic, or scientific research, institution:
	(A)	will be for a fixed term of at least 3 years; and
	(B)	will not be subject to an express exclusion of the possibility of renewal of the appointment for a further fixed term of 3 years; and
	(d)	the Minister is satisfied:
	(i)	that the employer has made, and continues to make, adequate provision for training existing employees in work relevant to the business; or
	(ii)	if the business is newly established, that the employer is making adequate provision for future training of employees in work relevant to the business; and
	(e)	the Minister is satisfied that:
	(i)	an Australian citizen or Australian permanent resident cannot be found who is suitable for the appointment; or
	(ii)	in the circumstances of the case, the employer should not be required to seek a suitable employee in Australia; and
	(f)	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.
	(3)	In this regulation:
"highly skilled person", in relation to a proposed employment appointment, means a person who has, in respect of work of the kind to be performed under that appointment:
	(a)	completed, over a period of at least 3 years, formal training or equivalent experience; and
	(b)	unless the approved appointment is exceptional-been employed in work of the kind for which he or she was trained, or in which he or she is experienced, for at least 3 years:
	(i)	after completing the training or experience referred to in paragraph (a); and
	(ii)	before making the application; and
	(c)	acquired competence assessed by the Minister to be at least average for a person to whom paragraphs (a) and (b) apply.
Division 5.4-Prescribed penalties
5.20	Prescribed penalties (Act, ss. 137, 229 and 230)
	(1)	For the purposes of paragraph 504 (1) (i) of the Act (which authorises the Regulations to set penalties as an alternative to prosecution), the prescribed penalty for an offence against section 137 of the Act is:
	(a)	in the case of a failure by a person to supply the person's address-$250; or
	(b)	in any other case-$1,000.
	(2)	For the purposes of paragraph 504 (1) (j) of the Act, the prescribed penalty for an offence against section 229 or 230 of the Act is $2,000.
[NOTE:	Section 137 permits the Secretary to require information from the holder of a business visa. Section 229 prohibits the carrying of persons to Australia without visas. Section 230 makes it an offence to have an unlawful non-citizen concealed on a vessel entering Australia.]
Division 5.5-Infringement notices
5.21	Interpretation
	(1)	In this Division:
"authorised officer" includes the Secretary;
"business visa" has the same meaning as in section 137 of the Act;
"infringement notice" means a notice under regulation 5.22;
"offence" means a contravention of section 137, 229 or 230 of the Act;
"prescribed penalty", in relation to an offence, means the prescribed penalty prescribed by regulation 5.20 in relation to the offence.
[NOTE:	s. 137 permits the Secretary to require information from the holder of a business visa. Section 229 prohibits the carrying of persons to Australia without visas. Section 230 makes it an offence to have an unlawful non-citizen concealed on a vessel entering Australia.]
5.22	When can an infringement notice be served?
		If an authorised officer has reason to believe that a person has committed an offence, he or she may cause an infringement notice to be served on the person in accordance with this Division.
5.23	What must an infringement notice contain?
	(1)	An infringement notice must:
	(a)	state the name of the authorised officer who caused the notice to be served; and
	(b)	set out:
	(i)	the day on which the offence is alleged to have been committed; and
	(ii)	if the offence is against section 229 or 230 of the Act, the place at which the offence is alleged to have been committed; and
	(c)	give brief particulars of the alleged offence; and
	(d)	set out the prescribed penalty; and
	(e)	state that, if the person on whom it is served does not wish the matter to be dealt with by a court, he or she may pay that penalty within 28 days after the date of service of the notice unless the notice is withdrawn before the end of that period; and
	(f)	specify where and how that penalty may be paid; and
	(g)	set out the procedures relating to the withdrawal of notices and the consequences of the withdrawal of a notice.
	(2)	An infringement notice may contain any other particulars that the authorised officer considers necessary.
5.24	Can the time for payment be extended?
		If an infringement notice has been served on a person, an authorised officer may, if he or she is satisfied that in all the circumstances it is proper to do so, allow a further period for payment of the prescribed penalty, whether or not the period of 28 days after the date of service of the notice has expired.
5.25	What happens if the prescribed penalty is paid?
		If the person on whom an infringement notice is served pays the prescribed penalty in relation to the alleged offence before:
	(a)	the end of:
	(i)	the period of 28 days after the date of service of the notice; or
	(ii)	if a further period has been allowed under regulation 5.24-that further period; or
	(b)	the notice is withdrawn;
whichever happens first, then:
	(c)	any liability of the person in respect of the alleged offence is discharged; and
	(d)	no further proceedings may be taken in respect of the alleged offence; and
	(e)	the person is not to be taken to have been convicted of the alleged offence.
5.26	Can an infringement notice be withdrawn?
	(1)	If an infringement notice has been served on a person, an authorised officer may withdraw it by notice in writing served on the person in accordance with these Regulations, at any time before:
	(a)	the end of 28 days after the date of service of the notice; or
	(b)	if a further period has been allowed under regulation 5.24-the end of that further period.
	(2)	An infringement notice for an alleged offence against section 229 or 230 of the Act must not be withdrawn under subregulation (1) after the expiry of 3 months commencing on the day on which the notice was served.
5.27	Refund of prescribed penalty if notice withdrawn
		If:
	(a)	an infringement notice has been served on a person; and
	(b)	the person has paid the prescribed penalty in accordance with the notice; and
	(c)	the notice is subsequently withdrawn;
an authorised officer must arrange for the refund to the person of an amount equal to the amount so paid.
5.28	Evidence
	(1)	At the hearing of a prosecution for an offence specified in an infringement notice, a certificate signed by an authorised officer and stating:
	(a)	that the authorised officer did not allow further time under regulation 5.24 for payment of the penalty specified in the notice; and
	(b)	that the penalty has not been paid in accordance with the notice within 28 days after the date of service of the notice;
is evidence of those matters.
	(2)	At the hearing of a prosecution for an offence specified in an infringement notice, a certificate signed by an authorised officer and stating:
	(a)	that the authorised officer allowed, under regulation 5.24, the further time specified in the certificate for payment of the prescribed penalty; and
	(b)	that the penalty has not been paid in accordance with the notice or within the further time allowed;
is evidence of those matters.
	(3)	At the hearing of a prosecution for an offence specified in an infringement notice, a certificate signed by an authorised officer and stating that the notice was withdrawn on a day specified in the certificate is evidence of that fact.
	(4)	A certificate that purports to have been signed by an authorised officer is taken to have been signed by that person unless the contrary is proved.
5.29	Can there be more than one infringement notice for the same offence?
		This Division does not prevent more than one infringement notice being served on a person for the same offence, but regulation 5.25 applies to the person if the person pays the prescribed penalty in accordance with one of the infringement notices.
5.30	What if payment is made by cheque?
		If a cheque is offered to Immigration as payment of all or part of the amount of a penalty specified in an infringement notice, payment is taken not to have been made unless the cheque is honoured upon presentation.
5.31	Infringement notice not compulsory
		Nothing in this Division:
	(a)	requires an infringement notice to be served on a person in relation to an offence; or
	(b)	affects the liability of a person to be prosecuted for an offence if the person does not comply with an infringement notice; or
	(c)	affects the liability of a person to be prosecuted for an offence if an infringement notice is not served on the person in relation to the offence; or
	(d)	affects the liability of a person to be prosecuted for an offence if an infringement notice is served and withdrawn; or
	(e)	limits the amount of the fine that may be imposed by a court on a person convicted of an offence.
Division 5.6-Miscellaneous
5.32	Search warrants (Act, ss. 223 (14) and 251 (4))
	(1)	A search warrant for the purposes of subsection 223 (14) of the Act (dealing with directions about, and seizure of, the valuables of non-citizens in detention) is to be in accordance with prescribed form 1.
	(2)	A search warrant for the purposes of subsection 251 (4) of the Act (dealing with entry and search for unlawful non-citizens) is to be in accordance with prescribed form 2.
5.33	Document for purposes of s.274 (3) (a) of Act
		A document for the purposes of paragraph 274 (3) (a) of the Act (dealing with documents relating to persons to be removed or deported from Australia) is to be in accordance with prescribed form 3.
5.34	Offences
		A person must not contravene or fail to comply with a provision of these Regulations that is applicable to that person.
Penalty:	10 penalty units.
5.35	Medical treatment of persons in detention under the Act
	(1)	In this regulation:
"detainee" means a person held at a detention centre in detention under the Act;
"medical treatment" includes:
	(a)	the administration of nourishment and fluids; and
	(b)	treatment in a hospital.
	(2)	The Secretary may authorise medical treatment to be given to a detainee if:
	(a)	the Secretary, acting in person and on the written advice of:
	(i)	a Commonwealth Medical Officer; or
	(ii)	another registered medical practitioner;
forms the opinion that:
	(iii)	that detainee needs medical treatment; and
	(iv)	if medical treatment is not given to that detainee, there will be a serious risk to his or her life or health; and
	(b)	that detainee fails to give, refuses to give, or is not reasonably capable of giving, consent to the medical treatment.
	(3)	An authorisation by the Secretary under subregulation (2) is authority for the use of reasonable force (including the reasonable use of restraint and sedatives) for the purpose of giving medical treatment to a detainee.
	(4)	A detainee to whom medical treatment is given under an authorisation under subregulation (2) is taken for all purposes to have consented to the treatment.
	(5)	Medical treatment that is given under an authorisation under subregulation (2) must be given by, or in the presence of, a registered medical practitioner.
	(6)	Nothing in this regulation authorises the Secretary to require a registered medical practitioner to act in a way contrary to the ethical, moral or religious convictions of that medical practitioner.
Division 5.7-Fees
5.36	Payment of fees in foreign currencies
	(1)	Payment in a foreign country of a fee payable under these Regulations may be made:
	(a)	by payment of the amount of that fee in Australian currency; or
	(b)	by payment of the corresponding amount in a currency that is specified for the purposes of this paragraph by Gazette Notice, ascertained in accordance with that Gazette Notice; or
	(c)	by payment of the corresponding amount, ascertained in accordance with subregulation (2), in the currency of the country in which the payment is made, not being a currency specified for the purposes of paragraph (b).
	(2)	The formula is:
AUD x CER x 1.05
where:
"AUD" means the amount of the fee in Australian dollars;
"CER" means the highest exchange rate that is lawfully obtainable on a commercial basis for the purchase in the foreign country of Australian currency with the currency of the foreign country in a period that:
	(a)	begins:
	(i)	on the day when this regulation commences; or
	(ii)	on any subsequent day when that rate increases or decreases by at least 5%; and
	(b)	ends at the end of each day before another period begins.
	(3)	If the amount worked out by that formula cannot be paid wholly in banknotes of that country, the corresponding amount is that amount rounded up to the nearest larger amount that is payable wholly in banknotes of that country.
5.37	Employer nomination fee
		The fee payable in respect of an employer nomination is $260 and must be paid at the time the nomination is lodged.
5.38	Sponsorship fee
	(1)	This regulation applies to sponsorship of an applicant if:
	(a)	the applicant is applying for a temporary visa for which sponsorship is a requirement (other than a Subclass 426 (Domestic Worker (Diplomatic or Consular)) visa); and
	(b)	the sponsor is a person or organisation in Australia who, or which, lodges the application on behalf of the applicant.
	(2)	Subject to subregulation (3), there is payable for a sponsorship of an applicant to which this regulation applies:
	(a)	if not more than 10 applications are lodged together by the sponsoring person or organisation-$195 for each sponsorship; or
	(b)	if more than 10 applications are lodged together by the sponsoring person or organisation-$1950.
	(3)	If an application for a visa is not subject to a fee under these Regulations, no fee is payable for a sponsorship in respect of that application.
5.39	Refund of fees
	(1)	If:
	(a)	a fee is paid by a person, before or after the commencement of this regulation, for:
	(i)	an application for a visa; or
	(ii)	an application, made before 1 September 1994, for an entry permit; and
	(b)	the application is for any reason unnecessary or is made as a result of a mistake made by the person or by Immigration;
the person is entitled to a refund of the amount of the fee paid.
	(2)	If:
	(a)	a fee is paid by a person, before or after the commencement of this regulation, for:
	(i)	an application for a visa; or
	(ii)	an application, made before 1 September 1994, for an entry permit; and
	(b)	the applicant dies before a decision is made on the application;
the legal personal representative of the applicant is entitled to a refund of the amount of the fee paid.
	(3)	The receipt of a person purporting to be a legal personal representative of a deceased applicant is for all purposes a good discharge of any liability of the Commonwealth under subregulation (2).
	(4)	A refund that is due to a person under this regulation may be paid to him or her in a currency other than Australian currency, if the fee was paid in that other currency.
5.40	Fee for assessment of a person's work qualifications and experience
		A fee of $100 is payable on an application for an assessment for the purposes of the Act of a person's occupational qualifications or experience (or both) by the Department of Industrial Relations or NOOSR.
				Schedule 1	Regulations 2.02 and 2.05
CLASSES OF VISAS
[NOTE:	This Schedule sets out the specific ways in which a non-citizen applies for a visa of a particular class. An application that is not made as set out in this Schedule is not valid and will not be considered: see the Act, ss. 45, 46 and 47. If an item specifies that 2 or more persons may combine their applications, only 1 fee is payable: see r. 2.07 (2).]
Part 1-Permanent Visas

1101.	Adoption (Migrant) (Class AA)	
(1)	Form:	47	
(2)	Fee:	$400	
(3)	Other:		(a)	Application must be made outside Australia.
	(b)	Application by a person claiming to be a member of the family unit of a person who is an applicant for an Adoption (Migrant) visa may be made at the same time and place as, and combined with, the application by that person.	
(4)	Subclasses:	102 (Adoption)	
1102	Burmese in Burma (Special Assistance) (Class AB)	
(1)	Form: 	917.	
(2)	Fee:	Nil.	
(3)	Other:		(a)	Application must be made outside Australia.
	(b)	Application by a person claiming to be a member of the family unit of a person who is an applicant for a Burmese (Special Assistance) visa may be made at the same time and place as, and combined with, the application by that person	
(4)	Subclasses:	211 (Burmese)	
1103	Burmese in Thailand (Special Assistance) (Class AC)	
(1)	Form:	917.	
(2)	Fee:	Nil.	
(3)	Other:		(a)	Application must be made outside Australia
	(b)	Application by a person claiming to be a member of the family unit of a person who is an applicant for a Burmese in Thailand (Special Assistance) visa may be made at the same time and place as, and combined with, the application by that person	
(4)	Subclasses:	213 (Burmese in Thailand)	
1104.	Business Skills (Migrant) (Class AD)	
(1)	Form: 	47, 926, 927 and 928.	
(2)	Fee:	$1715	
(3)	Other: 		(a)	Application may be made in Australia (but not in immigration clearance) or outside Australia.
	(b)	Application by a person claiming to be a member of the family unit of a person who is an applicant for a Business Skills (Migrant) visa may be made at the same time and place as, and combined with, the application by that person.	
(4)	Subclasses:	127 (Business owner)
128 (Senior Executive))
129 (State/Territory sponsored business owner)
130 (State/Territory sponsored senior executive)
	
1105.	Cambodian (Special Assistance) (Class AE)	
(1)	Form:	917.	
(2)	Fee:	Nil.	
(3)	Other:		(a)	Application must be made outside Australia.
	(b)	Application by a person claiming to be a member of the family unit of a person who is an applicant for a Cambodian (Special Assistance) visa may be made at the same time and place as, and combined with, the application by that person.	
(4)	Subclasses:	214 (Cambodian)	
1106.	Camp Clearance (Migrant) (Class AF)	
(1)	Form:	842.	
(2)	Fee:	Nil.	
(3)	Other:		(a)	Application must be made outside Australia.
	(b)	Application by a person claiming to be a member of the family unitof a person who is an applicant for a Camp Clearance (Migrant) visa may be made at the same time and place as, and combined with, the application by that person
	
(4)	Subclasses:	205 (Camp clearance)	
1107.	Change in Circumstance (Residence) (Class AG)	
(1)	Form:	887	
(2)	Fee:		(a)	Applicant:
	(i)	whose parent has been granted a permanent visa; and
	(ii)	who was included in the parent's application for:
	(A)	a Group 1.1 (Migrant) visa under the Migration (1993) Regulations; or
	(B)	a Business (Joint venture) visa (code number 122) or a business (general) visa (code number 123) under the Migration (1989) Regulations;
		Nil;
	(b)	Any other applicant: $395.	
(3)	Other:		(a)	Application must be made in Australia, but not in immigration clearance.
	(b)	Applicant must be in Australia but not in immigration clearance.
	(c)	Application by a person claiming to be a member of the family unit of a person who is an applicant for a Change in Circumstance (Residence) visa may be made at the same time and place as, and combined with, the application by that person.	
(4)	Subclasses:	802 (Child)
804 (Aged parent)
806 (Family)
833 (Certain unlawful non-citizens)	
1108	Child (Migrant) (Class AH)	
(1)	Form: 	47.	
(2)	Fee:	$400.	
(3)	Other: 		(a)	Application must be made outside Australia.
	(b)	Application by a person claiming to be a member of the family unit of a person who is an applicant for a Child (Migrant) visa may be made at the same time and place as, and combined with, the application by that person.	
(4)	Subclasses:	101 (Child)	
1109.	Citizens of Former Yugoslavia (Special Assistance) (Class AI)	
(1)	Form:	917.	
(2)	Fee:	Nil.	
(3)	Other:		(a)	Application must be made outside Australia.
	(b)	Application by a person claiming to be a member of the family unit of a person who is an applicant for a Citizens of Former Yugoslavia (Special Assistance) visa may be made at the same time and place as, and combined with, the application by that person.	
(4)	Subclasses:	209 (Citizens of former Yugoslavia-displaced persons)	
1110.	Concessional Family (Migrant) (Class AJ)	
(1)	Form:	47.	
(2)	Fee:	$400.	
(3)	Other: 		(a)	Application must be made outside Australia.
	(b)	Application by a person claiming to be a member of the family unit of a person who is an applicant for a Concessional Family (Migrant) visa may be made at the same time and place as, and combined with, the application by that person.	
(4)	Subclasses:	105 (Concessional family)	
1111.	Confirmatory (Residence) (Class AK)	
(1)	Form:	852.	
(2)	Fee:		(a)	In the case of an applicant who, on last arriving in Australia, was granted a Subclass 773 (border) visa: $115.
	(b)	In any other case: Nil.	
(3)	Other:		(a)	Application must be made in Australia but not in immigration clearance.
	(b)	Applicant must be in Australia but not in immigration clearance.
	(c)	Application by a person claiming to be a member of the family unit of a person who is an applicant for a Confirmatory (Residence) visa may be made at the same time and place as, and combined with, the application by that person.	
(4)	Subclasses:	808 (Confirmatory)	
1112.	Distinguished Talent (Migrant) (Class AL)	
(1)	Form:	47.	
(2)	Fee:	$400.	
(3)	Other:		(a)	Application must be made outside Australia.
	(b)	Application by a person claiming to be a member of the family unit of a person who is an applicant for a Distinguished Talent (Migrant) visa may be made at the same time and place as, and combined with, the application by that person.	
(4)	Subclasses	124 (Distinguished talent (Australian support)
125 (Distinguished talent and Special Service (independent))	
1113.	East Timorese in Portugal (Special Assistance) (Class AM)	
(1)	Form:	917.	
(2)	Fee:	Nil.	
(3)	Other:		(a)	Application must be made outside Australia.
	(b)	Application by a person claiming to be a member of the family unit of a person who is an applicant for an East Timorese in Portugal (Special Assistance) visa may be made at the same time and place as, and combined with, the application by that person.	
(4)	Subclasses:	208 (East Timorese in Portugal)	
1114.	Employer Nomination (Migrant) (Class AN)	
(1)	Form:	47.	
(2)	Fee:	$400.	
(3)	Other:		(a)	Application must be made outside Australia.
	(b)	Application by a person claiming to be a member of the family unit of a person who is an applicant for an Employer Nomination (Migrant) visa may be made at the same time and place as, and combined with, the application by that person.	
(4)	Subclasses:	121 (Employer Nomination Scheme)	
1115.	Family (Residence) (Class AO)	
(1)	Form: 	887.	
(2)	Fee: 		(a)	If the applicant is the holder of a transitional (temporary) visa granted on the basis that he or she satisfied the criteria for the grant of an extended eligibility (temporary) entry permit under the Migration (1989) Regulations: $165.
	(b)	Applicant:
	(i)	whose parent has been granted a permanent visa; and
	(ii)	who was included in the parent's application for:
	(A)	a Group 1.1 (Migrant ) visa under the Migration (1993) Regulations; or
	(B)	a Business (Joint venture) visa (code number 122) or a business (general) visa (code number 123) under the Migration (1989) Regulations;
	Nil.
	(c)	In any other case: $395.	
(3)	Other:		(a)	Application must be made in Australia but not in immigration clearance
	(b)	Applicant must be in Australia but not in immigration clearance.
	(c)	Application by a person claiming to be a member of the family unit of a person who is an applicant for a Family (Residence) visa may be made at the same time and place as, and combined with, the application by that person.	
(4)	Subclasses:	831 (Prospective Marriage Spouse)
802 (Child)
804 (Aged parent)
806 (Family)
832 (Close ties)	
1116.	Family of NZ Citizen (Migrant) (Class AP)	
(1)	Form:	47.	
(2)	Fee:	$400.	
(3)	Other:		(a)	Application must be made outside Australia.
	(b)	Application by a person claiming to be a member of the family unit of a person who is an applicant for a Family of NZ citizen (Migrant) visa may be made at the same time and place as, and combined with, the application by that person.	
(4)	Subclasses:	152 (Family of NZ Citizen)	
1117.	Former Citizen (Migrant) (Class AQ)	
(1)	Form:	47.	
(2)	Fee:	$400.	
(3)	Other:		(a)	Application must be made outside Australia
	(b)	Application by a person claiming to be a member of the family unit of a person who is an applicant for a Former Citizen (Migrant) visa may be made at the same time and place as, and combined with, the application by that person.	
(4)	Subclasses:	150 (Former Citizen)	
1118.	Former Resident (Migrant) (Class AR)	
(1)	Form:	47.	
(2)	Fee:	$400.	
(3)	Other:		(a)	Application must be made outside Australia.
	(b)	Application by a person claiming to be a member of the family unit of a person who is an applicant for a Former Resident (Migrant) visa may be made at the same time and place as, and combined with, the application by that person.	
(4)	Subclasses:	151 (Former Resident)	
1119.	General (Residence) (Class AS)	
(1)	Form:		(a)	If the applicant is the holder of a subclass 445 (Dependent Child) visa: 1002.
	(b)	In any other case: 887.	
(2)	Fee:		(a)	If the applicant is the holder of a subclass 445 (Dependent Child) visa: Nil.
	(b)	If the applicant is the holder of a transitional (temporary) visa, granted on the basis that the holder satisfied the criteria for grant of an extended eligibility temporary entry permit under the Migration (1989) Regulations: $165.
	(c)	If the applicant is not the holder of a substantive visa, entered Australia before 19 December 1989, at the time of entry was engaged to be married to a person who was an Australian citizen or Australian permanent resident, and has subsequently married that person: $395.
	(d)	If the applicant is not the holder of a substantive visa, entered Australia on or after 19 December 1989 as the holder of a Class 300 entry permit, and ceased to hold a substantive visa after marrying the Australian citizen or Australian permanent resident whom the applicant entered Australia to marry: $395.
	(e)	In any other case: $835.	
(3)	Other:		(a)	Application must be made in Australia but not in immigration clearance.
	(b)	Applicant must be in Australia but not in immigration clearance.
	(c)	Application by a person claiming to be a member of the family unit of a person who is an applicant for a General (Residence) visa may be made at the same time and place as, and combined with, the application by that person	
(4)	Subclasses:	801 (Spouse)
804 (Aged parent)
805 (Skilled)
806 (Family)
814 (Interdependency)
832 (Close ties)	
1120.	Independent (Migrant) (Class AT)	
(1)	Form:	47.	
(2)	Fee:	$400.	
(3)	Other:		(a)	Application must be made outside Australia.
	(b)	Application by a person claiming to be a member of the family unit of a person who is an applicant for an Independent (Migrant) visa may be made at the same time and place as, and combined with, the application by that person.	
(4)	Subclasses:	126 (Independent)	
1121.	Labour Agreement (Migrant) (Class AU)	
(1)	Form:	47.	
(2)	Fee:	$400.	
(3)	Other:		(a)	Application must be made outside Australia.
	(b)	Application by a person claiming to be a member of the family unit of a person who is an applicant for a Labour Agreement (Migrant) visa may be made at the same time and place as, and combined with, the application by that person.	
(4)	Subclasses:	120 (Labour agreement)	
1122.	Minorities of Former USSR (Special Assistance) (Class AV)	
(1)	Form:	917.	
(2)	Fee: 	Nil.	
(3)	Other:		(a)	Application must be made outside Australia.
	(b)	Application by a person claiming to be a member of the family unit of a person who is an applicant for a Minorities of Former USSR (Special Assistance) visa may be made at the same time and place as, and combined with, the application by that person.	
(4)	Subclasses:	210 (Minorities of former USSR)	
1123.	Norfolk Island Permanent Resident (Residence) (Class AW)	
(1)	Form:	15	
(2)	Fee:	Nil.	
(3)	Other:		(a)	Application must be made in immigration clearance.
	(b)	Applicant must be in immigration clearance.
	(c)	The applicant must show a clearance officer a passport that is in force and that is endorsed with an authority to reside indefinitely on Norfolk Island.	
(4)	Subclasses:	834 (Norfolk Is)	
1124.	Parent (Migrant) (Class AX)	
(1)	Form:	47.	
(2)	Fee:	$400.	
(3)	Other:		(a)	Application must be made outside Australia.
	(b)	Application by a person claiming to be a member of the family unit of a person who is an applicant for a Parent (Migrant) visa may be made at the same time and place as, and combined with, the application by that person.	
(4)	Subclasses:	103 (Parent)	
1125.	Preferential Relative (Migrant) (Class AY)	
(1)	Form:	47.	
(2)	Fee:	$400.	
(3)	Other:		(a)	Application must be made outside Australia.
	(b)	Application by a person claiming to be a member of the family unit of a person who is an applicant for a Preferential Relative (Migrant) visa may be made at the same time and place as, and combined with, the application by that person.	
(4)	Subclasses:	104 (Preferential family)	
1126.	Protection (Class AZ)	
(1)	Form:	866.	
(2)	Fee:		(a)	$30.
	(b)	If the applicant is in immigration detention and has not been immigration cleared: Nil.	
(3)	Other:		(a)	Application must be made in Australia.
	(b)	Applicant must be in Australia.
	(c)	Application by a person claiming to be a member of the family unit of a person who is an applicant for a Protection visa may be made at the same time and place as, and combined with, the application by that person.	
(4)	Subclasses:	866 (Protection)	
1127.	Refugee and Humanitarian (Migrant) (Class BA)	
(1)	Form:	842.	
(2)	Fee:	Nil.	
(3)	Other:		(a)	Application must be made outside Australia.
	(b)	Application by a person claiming to be a member of the family unit of a person who is an applicant for a Refugee and Humanitarian (Migrant) visa may be made at the same time and place as, and combined with, the application by that person.	
(4)	Subclasses:	200 (Refugee)
201 (In-country special humanitarian)
202 (Global special humanitarian)
203 (Emergency rescue)
204 (Woman at risk)	
1128.	Return (Residence) (Class BB)	
(1)	Form:	759.	
(2)	Fee:		(a)	Application made in Australia: $60.
	(b)	Application made outside Australia: $75.	
(3)	Other:		(a)	Application may be made in or outside Australia, but not in immigration clearance.
	(b)	Applicant must be in Australia to make an application in Australia.
	(c)	Application by a person who is included in the passport of another applicant for a Return (Residence) visa may be made at the same time and place as, and combined with, the application by that other applicant	
(4)	Subclasses:	155 (Five year return)
156 (One year return)
157 (Three month return)
1129. Spouse (Migrant) (Class BC)	
1129.	Spouse (Migrant) (Class BC)	
(1)	Form:	47.	
(2)	Fee:	$400.	
(3)	Other:		(a)	Application must be made outside Australia.
	(b)	Applicant must be outside Australia.
	(c)	Application by a person claiming to be a member of the family unit of a person who is an applicant for a Spouse (Migrant) visa may be made at the same time and place as, and combined with, the application by that person.	
(4)	Subclasses:	100 (Spouse)	
1130.	Sudanese (Special Assistance) (Class BD)	
(1)	Form:	917.	
(2)	Fee:	Nil.	
(3)	Other:		(a)	Application must be made outside Australia.
	(b)	Application by a person claiming to be a member of the family unit of a person who is an applicant for a Sudanese (Special Assistance) visa may be made at the same time and place as, and combined with, the application by that person.	
(4)	Subclasses:	212 (Sudanese)	
1131.	Territorial Asylum (Residence) (Class BE)	
(1)	Form:	Nil.	
(2)	Fee:	Nil.	
(3)	Other:		(a)	Application must be made by or on behalf of the applicant in a manner approved by a Minister.
	(b)	Application must be made in Australia.
	(c)	Applicant must be in Australia but not in immigration clearance.
	(d)	Application by a person claiming to be a member of the family unit of a person who is an applicant for a Territorial Asylum (Residence) visa may be made at the same time and place as, and combined with, the application by that person.	
(4)	Subclasses:	800 (Territorial)	
PART 2-TEMPORARY VISAS (OTHER THAN BRIDGING VISAS)
1201.	Border (Temporary) (Class TA)	
(1)	Form:	871.	
(2)	Fee:	Nil.	
(3)	Other:		(a)	 In the case of an application by a non-citizen who:
	(i)	is a dependent child of a non-citizen; and
	(ii)	is the holder of a subclass 773 visa:
	(A)	application may be made in 	Australia; and
	(B)	applicant must be in Australia.
	(b)	In any other case:
	(i)	Application must be made in immigration clearance.
	(ii)	Applicant must be in immigration clearance.
	(c)	Application by a person claiming to be a member of the family unit of a person who is an applicant for a Border (Temporary) visa may be made at the same time and place as, and combined with, the application by that person.	
(4)	Subclasses:	773 (Border)	
1202.	Business (Temporary) (Class TB)	
(1)	Form:	147	
(2)	Fee:		(a)	If the application is made outside Australia and the applicant satisfies the requirements for a subclass 411 visa: Nil.
	(b)	In any other case: $140.	
(3)	Other:		(a)	Application may be made in or outside Australia, but not in immigration clearance.
	(b)	Applicant must be in Australia to make an application in Australia
	(c)	Application by a person claiming to be a member of the family unit of a person may be made at the same time and place as, and combined with, an application by any other member of the family unit seeking to satisfy either the primary or secondary criteria	
(4)	Subclasses:	411 (Exchange)
412 (Independent executive)
413 (Executive)
414 (Specialist)
418 (Educational)
422 (Medical practitioner)	
1203.	Citizens of Former Yugoslavia (Temporary) (Class TC)	
(1)	Form:	1004.	
(2)	Fee:	$30.	
(3)	Other:		(a)	Application must be made in Australia, but not in immigration clearance
	(b)	Applicant must be in Australia
	(c)	Application by a person claiming to be a member of the family unit of a person who is an applicant for a Citizens of Former Yugoslavia (Temporary) visa may be made at the same time and place as, and combined with, the application by that person.	
(4)	Subclasses:	443 (Citizens of former Yugoslavia)	
1204.	Confirmatory (Temporary) (Class TD)	
(1)	Form:	1001.	
(2)	Fee:	Nil.	
(3)	Other:		(a)	Application must be made in Australia but not in immigration clearance.
	(b)	Applicant must be in Australia but not in immigration clearance.
	(c)	Applicant must be the holder of an Emergency (temporary) visa.
	(d)	Application by a person claiming to be a member of the family unit of a person who is an applicant for a visa may be made at the same time and place as, and combined with, the application by that person.	
(4)	Subclasses:	446 (Confirmatory)	
1205.	Cultural/Social (Temporary) (Class TE)	
(1)	Form:	147.	
(2)	Fee:		(a)	If the application is made outside Australia and the applicant satisfies the requirements of sub-item (b) or (c): Nil.
	(b)	An applicant satisfies the requirements of this sub-item if the purpose of the applicant's visit is to perform as an entertainer, or assist in performances, and:
	(i)	the Minister is satisfied that the purpose of the applicant's visit to Australia is:
	(A)	cultural; and
	(B)	not for a pecuniary reward exceeding the expenses of the applicant; or
	(ii)	the applicant is sponsored to enter Australia for the purpose of performing at:
	(A)	the Adelaide Festival; or
	(B)	the Brisbane Biennial Festival; or
	(C)	the Melbourne International Festival; or
	(D)	the Festival of Perth; or
	(E)	the Festival of Sydney; or
	(F)	a festival approved by the Secretary for the purposes of this clause; or
	(iii)	the applicant is sponsored to enter Australia by an organisation that:
	(A)	is funded, wholly or in part, by the Commonwealth; and
	(B)	is approved by the Secretary for the purposes of this clause.
	(c)	An applicant satisfies the requirements of this sub-item if the applicant satisfies Schedule 2 subclause 421.221 (1) or (2) because of having been:
	(i)	entered in a sporting event in an amateur capacity; or
	(ii)	appointed or employed to assist:
	(A)	an amateur participant; or
	(B)	an amateur team;
entered in a sporting event
	(d)	If the application is made outside Australia and the applicant is a member of a sporting or entertainment body comprising not fewer than 10 applicants-a fee equal to $1400 divided by the number of applicants included in that body.
	(e)	In any other case: $140.	
(3)	Other:		(a)	Application may be made in or outside Australia, but not in immigration clearance
	(b)	Applicant must be in Australia to make an application in Australia
	(c)	Application by a person claiming to be a member of the family unit of a person may be made at the same time and place as, and combined with, an application by any other member of the family unit seeking to satisfy either the primary or secondary criteria	
(4)	Subclasses:	414 (Specialist (overseas))
416 (Special program)
420 (Entertainment)
421 (Sport)
423 (Media and film staff)
424 (Public lecturer)
428 (Religious worker)	
1206.	Diplomatic (Temporary) (Class TF)	
(1)	Form:	Nil	
(2)	Fee:	Nil.	
(3)	Other:		(a)	Application must be made by or on behalf of the applicant in a manner approved by the Minister.
	(b)	Application may be made in or outside Australia, but not in immigration clearance.
	(c)	Applicant must be in Australia to make an application in Australia.
	(d)	Application by a person claiming to be a member of the family unit of a person may be made at the same time and place as, and combined with, an application by any other member of the family unit seeking to satisfy either the primary or secondary criteria.	
(4)	Subclasses:	995 (Diplomatic)	
1207.	Domestic Worker (Temporary) (Class TG)	
(1)	Form:	147.	
(2)	Fee:	$140.	
(3)	Other:		(a)	Application may be made in or outside Australia, but not in immigration clearance.
	(b)	Applicant must be in Australia to make an application in Australia.
	(c)	Application by a person claiming to be a member of the family unit of a person may be made at the same time and place as, and combined with, an application by any other member of the family unit seeking to satisfy either the primary or secondary criteria.	
(4)	Subclasses:	426 (Diplomatic or consular)
427 (Overseas executive)	
1208.	Educational (Temporary) (Class TH)	
(1)	Form: 	147.	
(2)	Fee:	$140.	
(3)	Other:		(a)	Application may be made in or outside Australia, but not in immigration clearance.
	(b)	Applicant must be in Australia to make an application in Australia.
	(c)	Application by a person claiming to be a member of the family unit of a person may be made at the same time and place as, and combined with, an application by any other member of the family unit seeking to satisfy either the primary or secondary criteria.	
(4)	Subclasses:	415 (Foreign government agency)
418 (Educational)
419 (Visiting academic)
442 (Occupational trainee)	
1209.	Emergency (Temporary) (Class TI)	
(1)	Form:	1003.	
(2)	Fee:	Nil.	
(3)	Other:		(a)	Application may be made inside or outside Australia, but not in immigration clearance.
	(b)	Applicant must be in Australia to make an application in Australia.
	(c)	Application by a person claiming to be a member of the family unit of a person may be made at the same time and place as, and combined with, an application by any other member of the family unit seeking to satisfy either the primary or secondary criteria.	
(4)	Subclasses:	302 (Emergency (Permanent Visa Applicant))
303 (Emergency (Temporary Visa Applicant))	
1210.	Expatriate (Temporary) (Class TJ)	
(1)	Form:	147.	
(2)	Fee:	$140.	
(3)	Other:		(a)	Application may be made in or outside Australia, but not in immigration clearance.
	(b)	Applicant must be in Australia to make an application in Australia
	(c)	Application by a person claiming to be a member of the family unit of a person who is an applicant for an Expatriate (Temporary) visa may be made at the same time and place as, and combined with, the application by that person.	
(4)	Subclasses:	432 (Expatriate)	
1211.	Extended Eligibility (Temporary) (Class TK)	
(1)	Form:		(a)	If the applicant is outside Australia and is the dependent child of the holder of a visa of subclass 820 (Spouse) or 826 (Interdependency): 918.
	(b)	In any other case: 887.	
(2)	Fee:		(a)	If the application is lodged at the same time as an application for a General (Residence) visa: Nil.
	(b)	If the application is made on form 918 and lodged outside Australia: $105.	
(3)	Other:		(a)	Application (other than by the dependent child outside Australia of the holder of a visa of subclass 820 or 826) must be made at the same time as an application for a General (Residence) visa.
	(b)	Application for a visa of subclass 820 or 826 must be made in Australia, but not in immigration clearance.
	(c)	Applicant for a visa of subclass 820 or 826 must be in Australia, but not in immigration clearance.
	(d)	Application by the dependent child of the holder of a visa of subclass 820 or 826 must be made outside Australia.
	(e)	Application by a person claiming to be a dependent child of a person who is an applicant for an Extended Eligibility (Temporary) visa may be made at the same time and place as, and combined with, the application by that person.	
(4)	Subclasses:	820 (Spouse)
826 (Interdependency)
445 (Dependent Child)	
1212.	Family Relationship (Temporary) (Class TL)	
(1)	Form:	147.	
(2)	Fee:	$140.	
(3)	Other:		(a)	Application may be made in or outside Australia, but not in immigration clearance.
	(b)	Applicant must be in Australia to make an application in Australia.
	(c)	Application by a person claiming to be a member of the family unit of a person may be made at the same time and place as, and combined with, an application by any other member of the family unit seeking to satisfy either the primary or secondary criteria.	
(4)	Subclasses:	425 (Family relationship)	
1213.	Interdependency (Temporary) (Class TM)	
(1)	Form:	914.	
(2)	Fee:	$140.	
(3)	Other:		(a)	Application must be made outside Australia.
	(b)	Applicant must be outside Australia.
	(c)	Application by a person claiming to be a dependent child of a person who is an applicant for an Interdependency (Temporary) visa may be made at the same time and place as, and combined with, the application by that person.	
(4)	Subclasses:	305 (Interdependency)	
1214.	Long Stay (Visitor) (Class TN)	
(1)	Form:		(a)	If application is made outside Australia: 48, 48L or 48R.
	(b)	If application is made in Australia: 601.	
(2)	Fee:		(a)	Application made outside Australia: $30.
	(b)	Application made in the migration zone: $135.
	(c)	The Minister may waive the fee for an application by a person who applies as the representative of a foreign government.l.	
(3)	Other:		(a)	Application may be made in or outside Australia, but not in immigration clearance.
	(b)	Application by a person included in the passport of another person may be made at the same time and place as, and combined with, the application by that person.	
(4)	Subclasses:	680 (Tourist (Long stay))
682 (Business (Long stay))
683 (Close family (Long stay))
684 (Other (Long stay))
685 (Medical treatment (Long stay))	
1215.	Prospective Marriage (Temporary) (Class TO)	
(1)	Form:	47.	
(2)	Fee:	$395.	
(3)	Other:		(a)	Application must be made outside Australia.
	(b)	Applicant must be outside Australia.
	(c)	Application by a person claiming to be a member of the family unit of a person who is an applicant for a Prospective Marriage (Temporary) visa must be made at the same time and place as, and combined with, the application by that person.	
(4)	Subclasses:	300 (Prospective marriage)	
1216.	Resident Return (Temporary) (Class TP)	
(1)	Form:	759.	
(2)	Fee:	$75.	
(3)	Other:		(a)	Application must be made outside Australia.
	(b)	Application by a person who is included in the passport of another applicant for a Resident Return (Temporary) visa may be made at the same time and place as, and combined with, the application by that other applicant.	
(4)	Subclasses:	159 (Resident return).	
1217.	Retirement (Temporary) (Class TQ)	
(1)	Form:	147.	
(2)	Fee:	$140.	
(3)	Other:		(a)	Application may be made in or outside Australia, but not in immigration clearance.
	(b)	Applicant must be in Australia to make an application in Australia.
	(c)	Application by a person claiming to be a member of the family unit of a person may be made at the same time and place as, and combined with, an application by any other member of the family unit seeking to satisfy either the primary or secondary criteria.	
(4)	Subclasses:	410 (Retirement)	
1218.	Short Stay (Visitor) (Class TR)	
(1)	Form:		(a)	If the applicant is outside Australia (whether or not the application is made outside Australia): 48, 48T, 48L or 48R.
	(b)	If the applicant is in Australia: 601.	
(2)	Fee:		(a)	If the applicant is outside Australia (whether or not the application is made outside Australia):
	(i)	if the applicant seeks a visa to be in effect for a period of 4 years or the remaining validity of the applicant's passport (whichever is the shorter), and that remaining period is 12 months or more: $30; or
	(ii)	in any other case: Nil.
	(b)	If the applicant is in Australia: $135.
	(c)	The Minister may waive the fee on an application by a non-citizen who applies as the representative of a foreign government.	
(3)	Other:		(a)	Application may be made in or outside Australia, but not in immigration clearance.
	(b)	If the applicant is outside Australia, the application may be made in the migration zone if and only if no fee is payable on the application
	(c)	Application by a person included in the passport of another person may be made at the same time and place as, and combined with, the application by that person.	
(4)	Subclasses:	670 (Tourist (short stay))
672 (Business visitor (short stay))
673 (Close family (short stay))
674 (Other (short stay))
675 (Medical treatment (short stay))	
1219.	Special Category (Temporary) (Class TY)	
(1)	Form:	15.	
(2)	Fee:	Nil.	
(3)	Other:		(a)	Application must be made:
	(i)	in Australia either in immigration clearance or after clearance; or
	(ii)	if the applicant is to travel to Australia on a pre-cleared flight-outside Australia in immigration clearance.
	(b)	The applicant must give the clearance officer a New Zealand passport that is in force.	
(4)	Subclasses:	444 (Special Category)	
1220.	Special Tourist (Visitor) (Class TS)	
(1)	Form:	48AJA.	
(2)	Fee:	Nil.	
(3)	Other:	Application must be made outside Australia	
(4)	Subclasses:	661 (Special tourist)	
1221	Sri Lankan (Temporary) (Class TT)	
(1)	Form:	1004.	
(2)	Fee:	$30.	
(3)	Other:		(a)	Application must be made in Australia, but not in immigration clearance.
	(b)	Applicant must be in Australia.
	(c)	Application by a person claiming to be a member of the family unit of a person who is an applicant for a Sri Lankan (Temporary) visa may be made at the same time and place as, and combined with, the application by that person.	
(4)	Subclasses:	435 (Sri Lankan)	
1222.	Student (Temporary) (Class TU)	
(1)	Form:		(a)	In the case of an application made outside Australia: 157W or 157Y.
	(b)	In the case of an application in Australia: 157Y.	
(2)	Fee:		(a)	If the applicant or family members are approved under an overseas students training scheme approved by the Commonwealth, or applicant is an assisted student or an exchange student: Nil.
	(b)	In any other case: $135.	
(3)	Other:		(a)	Application may be made in or outside Australia, but not in immigration clearance
	(b)	Applicant must be in Australia to make an application in Australia.
	(c)	Application by a person claiming to be a member of the family unit of a person may be made at the same time and place as, and combined with, the application by any other member of the family unit seeking to satisfy either the primary or secondary criteria.	
(4)	Subclasses:	560 (Student)
562 (Iranian Postgraduate)
563 (562 Dependant)	
1223.	Supported Dependent (Temporary) (Class TW)	
(1)	Form:	147.	
(2)	Fee:	$140.	
(3)	Other:		(a)	Application may be made in or outside Australia, but not in immigration clearance.
	(b)	Applicant must be in Australia to make an application in Australia.
	(c)	Application by a person claiming to be a member of the family unit of a person may be made at the same time and place as, and combined with, an application by any other member of the family unit seeking to satisfy either the primary or secondary criteria.	
(4)	Subclasses:	430 (Supported Dependent)	
1224.	Transit (Temporary) (Class TX)	
(1)	Form:	876.	
(2)	Fee:	Nil.	
(3)	Other:		(a)	Application must be made outside Australia.
	(b)	Applicant must be outside Australia.	
(4)	Subclasses:	771 (Transit)	
1225.	Working Holiday (Temporary) (Class TZ)	
(1)	Form:	147.	
(2)	Fee:	$140.	
(3)	Other:		(a)	Application may be made in or outside Australia, but not in immigration clearance.
	(b)	Applicant must be in Australia to make an application in Australia.
	(c)	Application by a person claiming to be a member of the family unit of a person may be made at the same time and place as, and combined with, an application by any other member of the family unit seeking to satisfy either the primary or secondary criteria.	
(4)	Subclasses:	417 (Working holiday)	
Part 3-Bridging Visas
1301.	Bridging A (Class WA)	
(1)	Form:	887, 852. 147, 157Y, 601, 866, 1002, 1003, 1004 or 1005.	
(2)	Fee:	Nil.	
(3)	Other:		(a)	Application must be made in Australia but not in immigration clearance.
	(b)	Applicant must be in Australia but not in immigration clearance.
	(c)	Applicant has:
	(i)	made a valid application for a substantive visa that has not finally been determined; or
	(ii)	applied, within statutory time limits, for judicial review of a decision to refuse a substantive visa.
	(d)	Applicant must:
	(i)	be the holder of:
	(A)	a substantive visa; or
	(B)	a bridging (Class A) visa; or
	(C)	a bridging (Class B) visa; or
	(ii)	have held a substantive visa when he or she made the substantive visa application referred to in paragraph (c).
	(e)	If the last substantive visa held by the applicant was cancelled, the decision to cancel that visa has been set aside by a review authority.
	(f)	Applicant is not in immigration detention or criminal detention.
	(g)	Application by a person claiming to be a member of the family unit of a person who is an applicant for a Bridging Class A visa may be made at the same time and place as, and combined with, the application by that person	
(4)	Subclasses:	010 (Class A)	
1302.	Bridging B (Class WB)	
(1)	Form:	1005 or 1006	
(2)	Fee:	$50.	
(3)	Other:		(a)	Application must be made in Australia but not in immigration clearance
	(b)	Applicant must be in Australia but not in immigration clearance
	(c)	Applicant is not in immigration detention or criminal detention
	(d)	Application by a person claiming to be a member of the family unit of a person who is an applicant for a Bridging (Class B) visa may be made at the same time and place as, and combined with, the application by that person	
(4)	Subclasses:	020 (Class B)	
1303.	Bridging C (Class WC)	
(1)	Form:	887, 852, 147, 157Y, 601, 866, 1002, 1003, 1004 or 1005.	
(2)	Fee:	Nil.	
(3)	Other:		(a)	Application must be made in Australia but not in immigration clearance.
	(b)	Applicant must be in Australia but not in immigration clearance.
	(c)	Applicant:
	(i)	has made a valid application for a substantive visa that has not been finally determined; or
	(ii)	has applied, within the time allowed, for judicial review of a decision to refuse a substantive visa and held a bridging visa Class C granted on the basis of the refused application
	(d)	Applicant:
	(i)	was not the holder of a substantive visa when he or she made the substantive visa application referred to in paragraph (c); and
	(ii)	does not hold a bridging visa Class E; and
	(iii)	has not held a Bridging visa Class E since he or she last held a substantive visa.
	(e)	Applicant is not in immigration detention or in criminal detention.
	(f)	Application by a person claiming to be a member of the family unit of a person who is an applicant for a Bridging (Class C) visa may be made at the same time and place as, and combined with, the application by that person.	
(4)	Subclasses:	030 (Class C)	
1304	Bridging D (Class WD)	
(1)	Form:	1007.	
(2)	Fee:	Nil	
(3)	Other:		(a)	Application must be made in Australia but not in immigration clearance.
	(b)	Applicant must be in Australia but not in immigration clearance.
	(c)	Applicant is not in immigration detention or criminal detention
	(d)	Application by a person claiming to be a member of the family unit of a person who is an applicant for a Bridging (Class D) visa may be made at the same time and place as, and combined with, the application by that person.	
(4)	Subclasses:	040 (Prospective Applicant)
041 (Non-applicant)
042 (Prospective Protection Visa Applicant)	
1305.	Bridging E (Class WE)	
(1)	Form:	887, 852, 147, 157Y, 601, 866, 1002, 1003, 1004, 1005 or 1008.	
(2)	Fee:	Nil.	
(3)	Other:		(a)	Application must be made in Australia but not in immigration clearance.
	(b)	Applicant must be in Australia but not in immigration clearance
	(c)	If applicant is in immigration detention, an officer appointed under subregulation 4.32 (2) as a detention review officer for the State or Territory in which the applicant is detained has been informed of the application.
	(d)	Application by a person claiming to be a member of the family unit of a person who is an applicant for a Bridging (Class E) visa may be made at the same time and place as, and combined with, the application by that person.	
(4)	Subclasses:	050 (subclass EAA)	
SCHEDULE 2
PROVISIONS WITH RESPECT TO THE GRANT OF SUBCLASSES OF VISAS SUBCLASS 010-BRIDGING VISA A
010.1	INTERPRETATION
[NOTE:	"Compelling need to work" and "criminal detention" are defined in regulation 1.03. For "eligible non-citizen" see regulation 2.20. No interpretation provisions specific to this Part.]
010.2	PRIMARY CRITERIA
[NOTE:	All applicants must satisfy the primary criteria.]
010.21	Criteria to be satisfied at the time of application
010.211	(1)	The applicant meets the requirements of subclause (2), (3), (4), (5) or (6).
	(2)	An applicant meets the requirements of this subclause if:
	(a)	he or she is the holder of a substantive visa; and
	(b)	he or she has made a valid application at the same time and on the same form for another substantive visa; and
	(c)	the application has not been finally determined.
	(3)	An applicant meets the requirements of this subclause if:
	(a)	he or she applied for a substantive visa and the application was refused; and
	(b)	he or she has applied, within the time limit to do so, for judicial review of that refusal; and
	(c)	at the time of that application, he or she held a bridging visa class A or B; and
	(d)	the judicial review proceedings (including proceedings on appeal, if any) are not completed.
	(4)	An applicant meets the requirements of this subclause if:
	(a)	he or she holds a bridging visa Class A or B that is subject to condition 8101, 8102, 8103, 8104, 8105, 8107, 8108 or 8111; and
	(b)	the Minister is satisfied that the applicant has a compelling need to work.
	(5)	An applicant meets the requirements of this subclause if:
	(a)	he or she has left and re-entered Australia; and
	(b)	immediately before he or she left Australia, he or she was the holder of a bridging visa class A; and
	(c)	that bridging visa ceased under subsection 82 (8) of the Act at the time he or she left Australia; and
	(d)	that bridging visa would not have ceased otherwise than under that subsection.
	(6)	An applicant meets the requirements of this subclause if:
	(a)	the applicant previously held a bridging visa Class A or B that ceased as a result of cancellation of a substantive visa held by the applicant; and
	(b)	the applicant would still hold the bridging visa if the substantive visa had not been cancelled; and
	(c)	the decision to cancel the substantive visa has been set aside by a review authority.
010.22	Criteria to be satisfied at the time of decision
	010.221	The applicant continues to satisfy the criterion set out in clause 010.211.
010.3	SECONDARY CRITERIA:	Nil.
[NOTE:	All applicants must satisfy the primary criteria.]
010.4	CIRCUMSTANCES APPLICABLE TO GRANT
010.411		The applicant must be in Australia, but not in immigration clearance.
[NOTE:	The applicant must be an eligible non-citizen at the time of grant: see the Act, s. 73.]
010.5 WHEN VISA IS IN EFFECT
	010.511	In the case of a visa granted to a non-citizen who has applied for a substantive visa-bridging visa:
	(a)	coming into effect:
	(i)	on grant; or
	(ii)	when the substantive visa (if any) held by the holder ceases; and
	(b)	permitting the holder to remain in Australia until:
	(i)	if the Minister's decision in respect of the substantive visa application is to grant a visa-on the grant of the visa; or
	(ii)	if the Minister's decision in respect of that application is to refuse to grant a visa-28 days after the holder is notified of that refusal; or
	(iii)	if the substantive visa application is refused and the holder applies for merits review of that refusal-28 days after notification of the decision of:
	(A)	the review authority; or
	(B)	if the holder has the right to apply to another review authority for merits review of the decision of that review authority and so applies-28 days after notification of the decision of that other review authority; or
	(iv)	the grant of another bridging visa to the holder in respect of the same substantive visa application; or
	(v)	if the holder withdraws his or her application for a substantive visa or an application to a review authority-28 days after that withdrawal; or
	(vi)	if the substantive visa (if any) held by the holder is cancelled-that cancellation.
	010.512	In the case of a visa granted to a non-citizen referred to in subclause 010.211 (5) or (6)-bridging visa:
	(a)	coming into effect:
	(i)	on grant; or
	(ii)	when any substantive visa held by the holder ceases; and
	(b)	permitting the holder to remain in Australia until:
	(i)	the day on which the bridging visa Class A held by the non-citizen before he or she left Australia would have ceased; or
	(ii)	if the substantive visa (if any) held by the holder is cancelled-that cancellation.
	010.513	In the case of a visa granted to a non-citizen who has applied for judicial review of a decision-bridging visa:
	(a)	coming into effect:
	(i)	on grant; or
	(ii)	when the substantive visa (if any) held by the holder ceases; and
	(b)	permitting the holder to remain in Australia until:
	(i)	28 days after the judicial review proceedings (including proceedings on appeal, if any) are completed; or
	(ii)	the grant of another bridging visa to the holder in respect of the same application for judicial review; or
	(iii)	if the holder withdraws his or her application for judicial review-28 days after that withdrawal;
	(iv)	if the substantive visa (if any) held by the holder is cancelled-that cancellation.
010.6	CONDITIONS
010.611	(1)	In the case of a visa other than a visa granted to a non-citizen:
	(a)	who is an applicant for a protection visa; or
	(b)	who satisfies the criterion in subclause 010.211 (5);
whichever of conditions 8101, 8102, 8103, 8104, 8105, 8107, 8108 and 8111 applies to the substantive visa held at the time of grant of the visa.
	(2)	In the case of a visa granted to a non-citizen who:
	(a)	satisfies the criterion in subclause 010.211 (5); or
	(b)	is an applicant for a Protection (Class AZ) visa;
010.7	WAY OF GIVING EVIDENCE
	010.711	No evidence need be given unless the visa holder asks for it.
	010.712	If evidence is given, to be given by a visa label attached to a passport.
SUBCLASS 020-BRIDGING VISA B
INTERPRETATION
[NOTE:	"Compelling need to work" and "criminal detention" are defined in regulation 1.03. For "eligible non-citizen" see regulation 2.20. No interpretation provisions specific to this Part.]
020.2	PRIMARY CRITERIA
[NOTE:	All applicants must satisfy the primary criteria.]
	020.21	Criteria to be satisfied at the time of application
	020.211	The applicant is the holder of:
	(a)	a Class A (Bridging) visa; or
	(b)	a Class B (Bridging) visa.
	020.212	The applicant wishes to leave and re-enter Australia during:
	(a)	the processing of an application for a substantive visa that has not been finally determined; or
	(b)	proceedings for judicial review of a decision to refuse a visa;
and the Minister is satisfied that the applicant's reasons for wishing todo so are substantial.
	020.213	The applicant's return to Australia would not be contrary to the public interest.
020.22	Criteria to be satisfied at the time of decision
	020.221	The applicant continues to satisfy the criteria set out in clauses 020.211 and 020.212.
020.3	SECONDARY CRITERIA: Nil.
[NOTE:	All applicants must satisfy the primary criteria.]
020.4	CIRCUMSTANCES APPLICABLE TO GRANT
	020.411	The applicant must be in Australia, but not in immigration clearance.
[NOTE:	The applicant must be an eligible non-citizen at the time of grant: see the Act, s. 73.]
020.5	WHEN VISA IS IN EFFECT
	020.511	In the case of a visa granted to a non-citizen who has applied for a substantive visa-bridging visa:
	(a)	coming into effect:
	(i)	on grant; or
	(ii)	when the substantive visa (if any) held by the holder ceases; and
	(b)	permitting the holder to remain in Australia until:
	(i)	if the Minister's decision in respect of the substantive visa application is to grant a visa-on the grant of the visa; or
	(ii)	if the Minister's decision in respect of that application is to refuse to grant a visa-28 days after the holder is notified of that refusal; or
	(iii)	if the substantive visa application is refused and the holder applies for merits review of that refusal-28 days after notification of the decision of:
	(A)	the review authority; or
	(B)	if the holder has the right to apply to another review authority for merits review of the decision of that review authority and so applies-28 days after notification of the decision of that other review authority; or
	(iv)	if the holder withdraws his or her application for a substantive visa or an application to a review authority-28 days after that withdrawal; or
	(v)	the grant of another bridging visa to the holder in respect of the same application for a substantive visa; or
	(vi)	if the substantive visa (if any) held by the holder is cancelled-that cancellation; and
	(c)	permitting the holder to travel to and enter Australia until:
	(i)	a date specified by the Minister for the purpose; or
	(ii)	the visa ceases as set out in subparagraph (b) (i), (ii), (iii), (iv) (v) or (vi), as the case requires.
	020.512	In the case of a visa granted to a non-citizen who has applied for judicial review of a decision-bridging visa:
	(a)	coming into effect:
	(i)	on grant; or
	(ii)	when the substantive visa (if any) held by the holder ceases; and
	(b)	permitting the holder to remain in Australia until:
	(i)	28 days after the judicial review proceedings (including proceedings on appeal, if any) are completed; or
	(ii)	if the holder withdraws his or her application for judicial review-28 days after that withdrawal; or
	(iii)	the grant of another bridging visa in respect of the same application for judicial review; or
	(iii)	if the substantive visa (if any) held by the holder is cancelled-that cancellation; and
	(c)	permitting the holder to travel to and enter Australia until:
	(i)	a date specified by the Minister for the purpose; or
	(ii)	the visa ceases as set out in subparagraph (b) (i), (ii), (iii) or (iv), as the case requires.
020.6	CONDITIONS
	020.611	Whichever of conditions 8101, 8102, 8103, 8104, 8105, 8107, 8108 and 8111 applies to the visa held by the holder at the time of application.
	020.612	In the case of a visa granted to a person who is an applicant for a protection visa: Nil.
020.7	WAY OF GIVING EVIDENCE
	020.711	Visa label attached to valid passport.
SUBCLASS 030-BRIDGING VISA C
030.1 INTERPRETATION
[NOTE:	"Criminal detention" and "compelling need to work" are defined in regulation 1.03. For "eligible non-citizen" see regulation 2.20. No interpretation provisions specific to this Part.]
030.2 PRIMARY CRITERIA
[NOTE:	All applicants must satisfy the primary criteria.]
	030.21	Criteria to be satisfied at time of application
	030.211	The applicant does not hold a bridging visa Class E and has not held a bridging visa Class E since last holding a substantive visa.
	030.212	(1)	The applicant meets the requirements of subclause (2), (3), (4) or (5).
	(2)	An applicant meets the requirements of this subclause if:
	(a)	the applicant is not the holder of a substantive visa; and
	(b)	the applicant has made a valid application for a substantive visa at the same time and on the same form as the bridging visa application; and
	(c)	the application has not been finally determined.
	(3)	An applicant meets the requirements of this subclause if:
	(a)	he or she holds a bridging visa Class C that is subject to condition 8101; and
	(b)	the Minister is satisfied that the applicant has a compelling need to work.
	(4)	An applicant meets the requirements of this subclause if:
	(a)	he or she has left and re-entered Australia; and
	(b)	immediately before he or she left Australia, he or she was the holder of a bridging visa class C; and
	(c)	that bridging visa ceased under subsection 82 (8) of the Act at the time he or she left Australia; and
	(d)	that bridging visa would not have ceased otherwise than under that subsection.
	(5)	An applicant meets the requirements of this subclause if:
	(a)	he or she applied for a substantive visa and the application was refused; and
	(b)	he or she has applied, within the time limit to do so, for judicial review of that refusal; and
	(c)	at the time of that application, he or she held a bridging visa class C; and
	(d)	the judicial review proceedings (including proceedings on appeal, if any) are not completed.
030.22	Criteria to be satisfied at the time of decision
	030.221	The applicant continues to satisfy the criteria in clauses 030.211 to 030.212.
030.3	SECONDARY CRITERIA: Nil.
[NOTE:	All applicants must satisfy the primary criteria.]
030.4	CIRCUMSTANCES APPLICABLE TO GRANT
	030.411	The applicant must be in Australia, but not in immigration clearance.
[NOTE:	The applicant must be an eligible non-citizen at the time of grant: see the Act, s. 73.]
030.5	WHEN VISA IS IN EFFECT
	030.511	In the case of a visa granted to a non-citizen who has applied for a substantive visa-bridging visa:
	(a)	coming into effect:
	(i)	on grant; or
	(ii)	when the substantive visa (if any) held by the holder ceases; and
	(b)	permitting the holder to remain in Australia until:
	(i)	if the Minister's decision in respect of the substantive visa application is to grant a visa-on the grant of the visa; or
	(ii)	if the Minister's decision in respect of that application is to refuse to grant a visa-28 days after the holder is notified of that refusal; or
	(iii)	if the substantive visa application is refused and the holder applies for merits review of that refusal-28 days after notification of the decision of:
	(A)	the review authority; or
	(B)	if the holder has the right to apply to another review authority for merits review of the decision of that review authority and so applies-28 days after notification of the decision of that other review authority; or
	(iv)	the grant of another bridging visa to the holder in respect of the same application for a substantive visa; or
	(v)	if the holder withdraws his or her application for a substantive visa or an application to a review authority-28 days after that withdrawal.
030.512 In the case of a visa granted to a non-citizen who has applied for judicial review of a decision-bridging visa:
	(a)	coming into effect:
	(i)	on grant; or
	(ii)	when the substantive visa (if any) held by the holder ceases; and
	(b)	permitting the holder to remain in Australia until:
	(i)	28 days after the judicial review proceedings (including proceedings on appeal, if any) are completed; or
	(ii)	if the holder withdraws his or her application for judicial review-28 days after that withdrawal;
	(iii)	the grant of another bridging visa to the holder in respect of the same application for judicial review; or
	(iv)	if the substantive visa (if any) held by the holder is cancelled-that cancellation.
	030.513	In the case of a visa granted to a non-citizen referred to in subclause 030.212 (4)-bridging visa coming into effect on grant and permitting the holder to remain in Australia until the day on which the bridging visa Class C held by the non-citizen before he or she left Australia would have ceased.
030.6	CONDITIONS
	030.611	In the case of a visa granted to an applicant who meets the requirements of subclause 030.212 (3): Nil.
	030.612	In any other case: condition 8101.
030.7	WAY OF GIVING EVIDENCE
	030.711	No evidence need be given unless the visa holder asks for it.
	030.712	If evidence is given, to be given by a visa label attached to a passport.
SUBCLASS 040-BRIDGING VISA (PROSPECTIVE APPLICANT)
040.1 INTERPRETATION
[NOTE:	"Criminal detention" is defined in regulation 1.03. For "eligible non-citizen" see regulation 2.20. No interpretation provisions specific to this Part.]
040.2	PRIMARY CRITERIA
[NOTE:	All applicants must satisfy the primary criteria.]
	040.21	Criteria to be satisfied at time of application
	040.211	The applicant is:
	(a)	an unlawful non-citizen; or
	(b)	the holder of a visa that will cease within the next 3 working days after the day of application.
	040.212	Either:
	(a)	the application is taken to be a valid application for a bridging visa Class D under regulation 2.22; or
	(b)	the applicant has attended at an office of Immigration for the purpose of making an application for a substantive visa.
	040.213	The Minister is satisfied that the applicant:
	(a)	has attempted to make a valid application for a substantive visa and is unable to do so; and
	(b)	will be able to make a valid application for a substantive visa within 5 working days.
	040.214	The applicant has not previously been granted 2 bridging visas of subclass 040 since he or she last held a substantive visa.
040.22	Criteria to be satisfied at time of decision
040.221 The applicant continues to satisfy the criteria set out in subdivision 040.21.
040.3	SECONDARY CRITERIA: Nil.
[NOTE:	All applicants must satisfy the primary criteria.]
040.4	CIRCUMSTANCES APPLICABLE TO GRANT
	040.411	The applicant must be in Australia but not in immigration clearance.
[NOTE:	The applicant must be an eligible non-citizen at the time of grant: see the Act, s. 73.]
040.51	WHEN VISA IS IN EFFECT
040.511	Bridging visa coming into effect:
	(a)	on grant; or
	(b)	when the substantive visa (if any) held by the holder ceases;
and remaining in effect for 5 working days after date of grant.
040.6	CONDITIONS
	040.611	Condition 8101.
040.7	WAY OF GIVING EVIDENCE
	040.711	No evidence is to be given.
SUBCLASS 041-BRIDGING VISA (NON-APPLICANT)
041.1	INTERPRETATION
[NOTE:	"Criminal detention" is defined in regulation 1.03. For "eligible non-citizen" see regulation 2.20. No interpretation provisions specific to this Part.]
041.2	PRIMARY CRITERIA
[NOTE:	All applicants must satisfy the primary criteria.]
041.21	Criteria to be satisfied at time of application
	041.211	The applicant is an unlawful non-citizen.
	041.212	The applicant is unable, or does not want, to apply for a substantive visa.
	041.213	An officer who is an authorised officer for the purposes of clause
050.222 is not available to interview the applicant.
041.22	Criteria to be satisfied at time of decision
	041.221	The applicant continues to satisfy the criteria in subdivision 041.21.
041.3	SECONDARY CRITERIA: Nil.
[NOTE:	All applicants must satisfy the primary criteria.
041.4	CIRCUMSTANCES APPLICABLE TO GRANT
	041.411	The applicant must be in Australia, but not in immigration clearance.
[NOTE:	The applicant must be an eligible non-citizen at the time of grant: see the Act, s. 73.]
041.51	WHEN VISA IS IN EFFECT
	041.511	Bridging visa coming into effect upon grant and remaining in effect for 5 working days after date of grant.
041.6	CONDITIONS
	041.611	Conditions 9101 and 9300.
041.7	WAY OF GIVING EVIDENCE
	041.711	No evidence is to be given.
SUBCLASS 042-BRIDGING VISA (PROSPECTIVE PROTECTION VISA APPLICANT)
042.1	INTERPRETATION
[NOTE:	"Compelling need to work" and "criminal detention" are defined in regulation 1.03. For "eligible non-citizen" see regulation 2.20. No interpretation provisions specific to this Part.]
042.2 PRIMARY CRITERIA
[NOTE:	All applicants must satisfy the primary criteria.]
042.21	Criteria to be satisfied at time of application
	042.211	The applicant is an unlawful non-citizen.
	042.212	The applicant:
	(a)	has lodged a protection visa application; and
	(b)	has previously applied for:
	(i)	a determination of refugee status; or
	(ii)	a protection visa;
and the application has been finally determined.
042.22	Criteria to be satisfied at time of decision
	042.221	The applicant continues to satisfy the criteria set out in subdivision 042.21.
042.3	SECONDARY CRITERIA: Nil.
[NOTE:	All applicants must satisfy the primary criteria.]
042.4	CIRCUMSTANCES APPLICABLE TO GRANT
	042.411	The applicant must be in Australia but not in immigration clearance.
[NOTE:	The applicant must be an eligible non-citizen at the time of grant: see the Act, s. 73.]
042.51	WHEN VISA IS IN EFFECT
	042.511	Bridging visa coming into effect upon grant permitting the holder to remain in Australia until 7 days after he or she is notified whether he or she can make a valid application for a protection visa.
[NOTE:	Under ss. 46 and 48 of the Act, an application for a visa in Australia by a non-citizen who has already been refused a visa in Australia is not valid unless it is for a visa of a prescribed class and is made in accordance with the regulations. For the prescribed classes and circumstances, see r.2.12.]
042.6	CONDITIONS
	042.611	Conditions 8101 and 8401.
042.7 WAY OF GIVING EVIDENCE
	042.711	No evidence need be given unless the visa holder asks for it.
	042.712	If evidence is given, to be given by a visa label attached to a passport.
SUBCLASS 050-BRIDGING VISA E
050.1	INTERPRETATION
[NOTE:	"Compelling need to work" and "criminal detention" are defined in regulation 1.03. For "eligible non-citizen" see regulation 2.20. No interpretation provisions specific to this Part.]
050.2	PRIMARY CRITERIA
[NOTE:	All applicants must satisfy the primary criteria.]
050.21	Criteria to be satisfied at time of application
	050.211	The applicant is:
	(a)	an unlawful non-citizen; or
	(b)	the holder of a bridging visa Class E; or
	(c)	an eligible non-citizen of the kind set out in subregulation 2.20 (2), (3), (4) or (5).
050.212.	(1)	The applicant meets the requirements of subclause (2), (3), (4), (5), (6), (7) or (8).
	(2)	An applicant meets the requirements of this subclause if the Minister is satisfied that the applicant is making, or is the subject of, acceptable arrangements to depart Australia.
	(3)	An applicant meets the requirements of this subclause if:
	(a)	the applicant has made a valid application for a substantive visa and that application has not been finally determined; or
	(b)	the Minister is satisfied that the applicant will apply, within a period allowed by the Minister for the purpose, for a substantive visa.
	(4)	An applicant meets the requirements of this subclause if:
	(a)	he or she has applied for judicial review of a decision; or
	(b)	he or she has applied for merits review of a decision:
	(i)	to cancel a visa; or
	(ii)	to refuse a visa under section 501 of the Act (which deals with refusal of visas to persons not of good character, etc.); or
	(c)	the Minister is satisfied that the applicant will make an application of a kind referred to in paragraph (b).
	(5)	An applicant meets the requirements of this subclause if:
	(a)	he or she held a visa that was cancelled under subsection 140 (1) or (3) of the Act (which deals with cancellation because of the cancellation of a visa held by another person); and
	(b)	either:
	(i)	the other person whose visa was cancelled has applied for review of the decision to cancel his or her visa; or
	(ii)	the Minister is satisfied that that other person will make an application of that kind.
	(6)	An applicant meets the requirements of this subclause if he or she is the subject of a request to the Minister under section 345, 351, 391, 417 or 454 of the Act (which deal with the Minister's power to substitute a more favourable decision for the decision of a review authority) that has not been decided.
	(7)	An applicant meets the requirements of this subclause if he or she:
	(a)	is in criminal detention; and
	(b)	if he or she has been sentenced to imprisonment or periodic detention, has actually served a period of imprisonment; and
	(c)	no criminal justice stay certificate or criminal justice stay warrant about the non-citizen is in force.
	(8)	An applicant meets the requirements of this subclause if he or she is the holder of a bridging visa Class E that is subject to condition 8101 and the Minister is satisfied that the applicant has a compelling need to work.
050.213	(1)	Subject to subclause (2), the Minister is satisfied that if a bridging visa is granted to the applicant, the applicant will abide by the conditions (if any) imposed on it.
	(2)	Subclause (1) does not apply to an applicant who:
	(a)	is not in immigration detention; and
	(b)	has applied for a substantive visa;
if the application has not been finally determined.
	050.214	A security has been lodged by the applicant, if asked for by an officer authorised under section 269 of the Act (which deals with security for compliance with the Act).
050.22	Criteria to be met at the time of decision
	050.221	The applicant continues to satisfy the criteria set out in clauses 050.211 to 050.214.
050.222		(1)	Unless subclause (2) applies to the applicant, the applicant has been interviewed by an officer who is authorised by the Secretary for the purposes of this clause.
	(2)	This subclause applies to an applicant who:
	(a)	is not in immigration detention; and
	(b)	has made a valid application for a substantive visa; and
	(c)	holds, or has held, a bridging visa Class E since he or she last held a substantive visa; and
	(d)	is not seeking to be granted a further bridging visa Class E that is subject to conditions other than those that apply to the bridging visa class E that the applicant currently holds or last held.
[NOTE:	In certain circumstances, a bridging visa Class E may also be taken to have been granted without application to a non-citizen who is in immigration detention. See the Act, s. 73. In addition the Minister may grant a bridging visa Class E to non-citizens who are in criminal detention or are unwilling or unable to make a valid application: see r. 2.25.]
050.3	SECONDARY CRITERIA: Nil.
[NOTE:	All applicants must satisfy the primary criteria.]
050.4	CIRCUMSTANCES APPLICABLE TO GRANT
	050.411	The applicant must be in Australia but not in immigration clearance.
[NOTE:	The applicant must be an eligible non-citizen at the time of grant: see the Act, s. 73.]
050.5	WHEN VISA IS IN EFFECT
	050.511	In the case of a visa granted to a non-citizen who has applied for a substantive visa-bridging visa:
	(a)	coming into effect on grant; and:
	(b)	permitting the holder to remain in Australia until:
	(i)	if the Minister's decision in respect of the substantive visa application is to grant a visa-on the grant of the visa; or
	(ii)	if the Minister's decision in respect of that application is to refuse to grant a visa-28 days after the holder is notified of that refusal; or
	(iii)	if the substantive visa application is refused and the holder applies for merits review of that refusal-28 days after notification of the decision of:
	(A)	the review authority; or
	(B)	if the holder has the right to apply to another review authority for merits review of the decision of that review authority and so applies-28 days after notification of the decision of that other review authority; or
	(iv)	if the holder withdraws his or her application for a substantive visa or an application to a review authority-28 days after that withdrawal; or
	(v)	the grant of a further bridging visa to the holder in respect of his or her substantive visa application.
	050.512	In the case of a visa granted to a non-citizen who has applied for judicial review of a decision-bridging visa:
	(a)	coming into effect on grant; and:
	(b)	permitting the holder to remain in Australia until:
	(i)	if another bridging visa is granted to the holder in respect of his or her judicial review application-on the grant of that bridging visa; or
	(ii)	28 days after the judicial review proceedings (including proceedings on appeal, if any) are completed; or
	(iii)	if the holder withdraws his or her application for judicial review-28 days after that withdrawal.
	050.513	In the case of a visa granted to a non-citizen who has applied for merits review of a decision to cancel a visa-visa coming into effect on grant permitting the holder to remain in Australia until:
	(a)	28 days after notification of the review decision; or
	(b)	if another bridging visa is granted to the holder in respect of his or her merits review application-the grant of that bridging visa; or
	(c)	if the decision to cancel the substantive visa is reversed-on the reversal of that decision.
	050.514	In the case of a visa granted to a non-citizen to whom subsection 140 (1) or (3) of the Act (which deal with cancellation as a result of cancellation of a visa held by another non-citizen) applies, if the other person whose visa was cancelled has applied for review of that cancellation decision-visa coming into effect on grant permitting the holder to remain in Australia until:
	(a)	28 days after notification of the review decision; or
	(b)	if another bridging visa is granted to the holder in respect of that merits review application-the grant of that bridging visa; or
	(c)	if the decision to cancel the substantive visa is reversed-on the reversal of that decision.
	050.515	(1)	In the case of a visa granted, or taken to have been granted, to a non-citizen who is in criminal detention-visa coming into effect on grant and ceasing on:
	(a)	the non-citizen's unconditional release from criminal detention; or
	(b)	the non-citizen's release on bail; or
	(c)	if the non-citizen is in prison:
	(i)	the non-citizen's completing a sentence of imprisonment; or
	(ii)	subject to subclause (2), the non-citizen's release on parole; or
	(iii)	subject to subclause (2), the non-citizen's release from imprisonment subject to an order for periodic detention; or
	(iv)	the non-citizen's escaping from prison; or
	(d)	the signing of a deportation order against the non-citizen; or
	(e)	the grant of another visa to the holder; or
	(f)	if the non-citizen is subject to an order for periodic detention-the non-citizen's breaching a condition of that order.
	(2)	Subparagraphs (1) (b) (ii) and (iii) apply only in the case of a non-citizen who has actually served a part of a term of imprisonment.
	050.516	In the case of a visa that is taken to have been granted by operation of section 75 of the Act (which deals with applications for bridging visas which the Minister does not decide within a short period)-visa coming into effect on grant permitting the applicant to remain in Australia for:
	(a)	5 working days from date of grant; or
	(b)	if within 5 working days of grant the holder shows an officer a ticket for departure from Australia-14 days from date of grant.
	050.517	In any other case-visa coming into effect on grant and ceasing on a date specified by the Minister for the purpose.
050.6	CONDITIONS
	050.611	In the case of a visa granted to a non-citizen who:
	(a)	applied for a substantive visa at the same time and on the same form as he or she applied for the bridging visa; and
	(b)	is not in immigration detention;
and who:
	(c)	at the time he or she made the application referred to in paragraph (a), held a bridging visa class E-any of conditions 8101, 8104, 8201, 8401, 8402, 8505 or 8506 that apply to that bridging visa; or
	(d)	is an unlawful non-citizen but has held a bridging visa class E since he or she last held a substantive visa-condition 8402 and any of conditions 8101, 8104, 8201, 8505 or 8506 that applied to that bridging visa.
	050.612	In the case of a visa that is taken to have been granted by operation of section 75 of the Act-conditions 8101, 8201, 8402, 8506 and 8509.
	050.613	In the case of a visa granted to an applicant who meets the requirements of subclause 050.212 (8)-any 1 or more of conditions 8104, 8201, 8401, 8403, 8505, 8506, 8507, 8508, 8510, 8511 and 8512 may be imposed.
	050.614	In any other case-any 1 or more of conditions 8101, 8104, 8201, 8401, 8403, 8505, 8506, 8507, 8508, 8501, 8511 and 8512 may be imposed.
050.7	WAY OF GIVING EVIDENCE
	050.711	No evidence need be given unless the visa holder asks for it.
	050.712	If evidence is given, to be given by a visa label attached to a passport.
SUBCLASS 100-SPOUSE
100.1	INTERPRETATION
	100.11	In this Part:
"intended spouse" means the Australian citizen, Australian permanent resident or eligible New Zealand citizen referred to in subclause 100.211 (3).
[NOTE:	"eligible New Zealand citizen", "guardian", "parent" and "spouse" are defined in regulation 1.03.]
100.2	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.]
100.21	Criteria to be satisfied at time of application
	100.211	(1)	The applicant meets the requirements of subclause (2) or (3).
	(2)	The applicant is the spouse of:
	(a)	an Australian citizen; or
	(b)	an Australian permanent resident; or
	(c)	an eligible New Zealand citizen.
[NOTE:	"Spouse" includes a de facto spouse-see the definition of "spouse" in regulation 1.03.]
	(3)	The applicant meets the requirements of this subclause if:
	(a)	the applicant intends to marry:
	(i)	an Australian citizen; or
	(ii)	an Australian permanent resident; or
	(iii)	an eligible New Zealand citizen; and
	(b)	the intended marriage will, if it takes place, be a valid marriage for the purposes of section 12 of the Act.
[NOTE:	If the applicant is an applicant referred to in paragraph 100.211 (3), the marriage must have taken place before the applicant can be granted a visa of this subclass: see clause 100.223.]
	100.212	(1)	If the applicant is an applicant referred to in subclause 100.211 (2), the applicant is sponsored:
	(a)	if the applicant's spouse has turned 18-by that spouse; or
	(b)	if the applicant's spouse has not turned 18-by a parent or guardian of that spouse who:
	(i)	has turned 18; and
	(ii)	is:
	(A)	an Australian citizen; or
	(B)	an Australian permanent resident; or
	(C)	an eligible New Zealand citizen.
	(2)	If the applicant is an applicant referred to in subclause 100.211 (3),
the applicant is sponsored:
	(a)	if the applicant's intended spouse has turned 18-by that intended spouse; or
	(b)	if the applicant's intended spouse has not turned 18-by a parent or guardian of that intended spouse who:
	(i)	has turned 18; and
	(ii)	is:
	(A)	an Australian citizen; or
	(B)	an Australian permanent resident; or
	(C)	an eligible New Zealand citizen.
100.22	Criteria to be satisfied at time of decision
	100.221	The applicant continues to satisfy the criterion in clause 100.211.
	100.222	The sponsorship referred to in clause 100.212 has been approved by the Minister and is still in force.
	100.223	If the applicant is an applicant referred to in subclause 100.211 (3), the marriage referred to in that subclause has taken place.
	100.224	The Minister is satisfied that the marital relationship between the applicant and the applicant's spouse is genuine and continuing.
	100.225	The applicant satisfies public interest criteria 4001 to 4004 and 4007 to 4009.
	100.226	If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002, 5004, 5006, 5008 and 5009.
	100.227	If so requested by the Minister, an assurance of support in relation to the applicant has been given, and has been accepted by the  Minister.
	100.228	(1)	Each member of the family unit of the applicant who is an applicant is a person who:
	(a)	satisfies public interest criteria 4001 to 4004 and 4007 to 4009; and
	(b)	if he or she has previously been in Australia, satisfies special return criteria 5001, 5002, 5004, 5006, 5009 and 5010.
	(2)	Each member of the family unit of the applicant who is not an applicant is a person who:
	(a)	satisfies public interest criteria 4001 to 4004; and
	(b)	satisfies public interest criteria 4007 and 4008, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to those criteria.
100.229 If:
	(a)	the family unit of the applicant includes a dependent child who made a combined application with the applicant; or
	(b)	a child who:
	(i)	is usually resident with the applicant; and
	(ii)	has not turned 18;
made a combined application with the applicant;
the Minister is satisfied that the grant of a subclass 100 visa to the child as a member of the family unit of the applicant would not prejudice the rights and interests of any other person who has custody or guardianship of, or access to, the child.
100.3	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.]
100.31	Criteria to be satisfied at time of application
	100.311	The applicant is a member of the family unit of, and made a combined application with, a person who satisfies the primary criteria in subdivision 100.21.
	100.312	The sponsorship referred to in clause 100.212 of the person who satisfies the primary criteria includes sponsorship of the applicant.
100.32	Criteria to be satisfied at time of decision
	100.321	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 100 visa.
	100.322	The sponsorship referred to in clause 100.312 has been approved by the Minister and is still in force.
	100.323	The applicant satisfies public interest criteria 4001 to 4004 and 4007 to 4009.
	100.324	If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002, 5004, 5006, 5008 and 5009.
	100.325	If the Minister requires an assurance of support in respect of the person who satisfies the primary criteria:
	(a)	the applicant is included in the assurance of support given in respect of that person, and that assurance has been accepted by the Minister; or
	(b)	an assurance of support has been given in relation to the applicant, and has been accepted by the Minister.
	100.326	If the applicant is the dependent child of a person who is a holder of a subclass 100 visa, the Minister is satisfied that the grant of the visa to the applicant would not prejudice the rights and interests of any other person who has custody or guardianship of, or access to, the applicant.
100.4	CIRCUMSTANCES APPLICABLE TO GRANT
100.411 The applicant must be outside Australia when the visa is granted.
100.5	WHEN VISA IS IN EFFECT
	100.511	Permanent visa permitting the holder to travel to and enter Australia for a period of 4 years from the date of grant.
100.6	CONDITIONS
	100.611	First entry must be made before a date specified by the Minister for the purpose.
	100.612	If the applicant meets the primary criteria, condition 8502 may be imposed.
	100.613	If the applicant meets the secondary criteria, either or both of conditions 8515 and 8502 may be imposed.
100.7	WAY OF GIVING EVIDENCE
	100.71	Visa label affixed to a valid passport.
SUBCLASS 101-CHILD
101.1	INTERPRETATION
[NOTE:	"eligible New Zealand citizen", "dependent child" and "spouse" are defined in regulation 1.03; and "adoption" is defined in regulation 1.04. There are no interpretation provisions specific to this Part.]
101.2	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.]
101.21	Criteria to be satisfied at time of application
	101.211	(1)	The applicant is a dependent child of an Australian citizen, Australian permanent resident or eligible New Zealand citizen and either:
	(a)	is the natural child of that Australian citizen, Australian permanent resident or eligible New Zealand citizen; or
	(b)	was adopted overseas and meets the requirements of subclause (2).
	(2)	An applicant meets the requirements of this subclause if he or she was adopted overseas by a person who, when the applicant was adopted, was not an Australian citizen, Australian permanent resident or eligible New Zealand citizen, but who subsequently became an Australian citizen, Australian permanent resident or eligible New Zealand citizen.
	101.212	The applicant is sponsored by a person who:
	(a)	has turned 18; and
	(b)	is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen; and
	(c)	is either:
	(i)	the Australian citizen or Australian permanent resident or eligible New Zealand citizen referred to in subclause 101.211 (1) or (2), as the case requires; or
	(ii)	the cohabiting spouse of that Australian citizen, Australian permanent resident or eligible New Zealand citizen.
101.22	Criteria to be satisfied at time of decision
	101.221	The applicant continues to satisfy the criterion specified in clause 101.211.
	101.222	The sponsorship referred to in clause 101.212 has been approved by the Minister and is still in force.
	101.223	The applicant satisfies public interest criteria 4001 to 4004 and 4007 to 4009.
	101.224	If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002, 5004, 5006, 5008 and 5009.
	101.225	If so requested by the Minister, an assurance of support in relation to the applicant has been given, and has been accepted by the Minister.
	101.226	The Minister is satisfied that the grant of the visa would not prejudice the rights and interests of any person who has custody or guardianship of, or access to, the applicant.
	101.227	(1)	Each member of the family unit of the applicant who is an applicant is a person who:
	(a)	satisfies public interest criteria 4001 to 4004 and 4007 to 4009; and
	(b)	if he or she has previously been in Australia, meets special return criteria 5001, 5002, 5004, 5006, 5008 and 5009.
	(2)	Each member of the family unit of the applicant who is not an applicant is a person who:
	(a)	satisfies public interest criteria 4001 to 4004; and
	(b)	satisfies public interest criteria 4007 and 4008, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to those criteria.
	101.228	If either:
	(a)	the family unit of the applicant includes a dependent child who made a combined application with the applicant; or
	(b)	a child who:
	(i)	is usually resident with the applicant; and
	(ii)	has not turned 18;
made a combined application with the applicant;
the Minister is satisfied that the grant of a subclass 101 visa to the child as a member of the family unit of the applicant would not prejudice the rights and interests of any other person who has custody or guardianship of, or access to, the child.
101.3	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.]
	101.31	Criteria to be satisfied at the time of application
	101.311	The applicant is a member of the family unit of, and made a combined application with, a person who satisfies the primary criteria in subdivision 101.21.
	101.312	The sponsorship referred to in clause 101.212 of the person who satisfies the primary criteria includes sponsorship of the applicant.
101.32	Criteria to be satisfied at time of decision
	101.321	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 101 visa.
	101.322	The sponsorship referred to in clause 101.312 has been approved by the Minister and is still in force.
	101.323	The applicant satisfies public interest criteria 4001 to 4004 and 4007 to 4009.
	101.324	If the applicant has previously been in Australia, the applicant satisfies the special return criteria 5001, 5002, 5004, 5006, 5008 and 5009.
	101.325	If the Minister requires an assurance of support in respect of the person who satisfies the primary criteria:
	(a)	the applicant is included in the assurance of support given in respect of that person, and that assurance has been accepted by the Minister; or
	(b)	an assurance of support has been given in relation to the applicant, and has been accepted by the Minister.
	101.326	If the applicant is the dependent child of a person who is a holder of a subclass 101 visa, the Minister is satisfied that the grant of the visa to the applicant would not prejudice the rights and interests of any other person who has custody or guardianship of, or access to, the applicant.
101.4	CIRCUMSTANCES APPLICABLE TO GRANT
1	01.411	The applicant must be outside Australia when the visa is granted.
101.5	WHEN VISA IS IN EFFECT
	101.511	Permanent visa permitting the holder to travel to and enter Australia for a period of 4 years from the date of grant.
101.6	CONDITIONS
	101.611	First entry must be made before a date specified by the Minister for the purpose.
	101.612	Either or both of conditions 8515 and 8502 may be imposed.
101.7	WAY OF GIVING EVIDENCE
	101.711	Visa label affixed to a valid passport.
SUBCLASS 102-ADOPTION
102.1	INTERPRETATION
	102.111	In this Part:
"adoptive parent", in relation to an applicant, means the person referred to in paragraph 102.211 (2) (b);
"child for adoption" means an applicant referred to in clause 102.211 (3);
"prospective adoptive parent", in relation to an applicant, means the unmarried person referred to in subparagraph 102.211 (3) (c) (i), or each of the spouses referred to in subparagraph 102.211 (3) (c) (ii), as the case requires.
[NOTE:	"eligible New Zealand citizen" is defined in regulation 1.03, and "adoption" is defined in regulation 1.04.]
102.2	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.]
102.21	Criteria to be satisfied at time of application
	102.211	(1)	The applicant meets the requirements of subclause (2) or (3).
	(2)	An applicant meets the requirements of this subclause if:
	(a)	the applicant has not turned 18; and
	(b)	the applicant was adopted overseas by a person who:
	(i)	was, at the time of the adoption, an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen; and
	(ii)	had been residing overseas for more than 12 months at the time of the application; and
	(c)	the Minister is satisfied that the residence overseas by the adoptive parent was not contrived to circumvent the requirements for entry to Australia of children for adoption; and
	(d)	the adoptive parent has lawfully acquired full and permanent parental rights by the adoption; and
	(e)	the relevant authorities of the overseas country have approved the departure of the applicant to Australia.
	(3)	An applicant meets the requirements of this subclause if:
	(a)	the applicant has not turned 18; and
	(b)	the applicant is resident in an overseas country; and
	(c)	either:
	(i)	an unmarried person who is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen has undertaken in writing to adopt the applicant; or
	(ii)	spouses, at least one of whom is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen, have undertaken in writing to adopt the applicant; and
	(d)	the child welfare authorities of an Australian State or Territory have approved the prospective adoptive parent or parents as suitable adoptive parents for the applicant; and
	(e)	the relevant authorities of the overseas country have approved the departure of the applicant:
	(i)	for adoption in Australia; or
	(ii)	in the custody of the prospective adoptive parent or parents; 
as the case requires.
	102.212	The applicant is sponsored by an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen who is:
	(a)	in the case of an applicant who is a child for adoption-a prospective adoptive parent of the child; or
	(b)	in the case of an applicant who is an adopted child(-an adoptive parent of the child.
	102.213	The laws relating to adoption of the country in which the child is normally resident have been complied with.
102.22	Criteria to be satisfied at time of decision
	102.221	The applicant continues to satisfy the criteria specified in clauses 102.211 and 102.213.
	102.222	The sponsorship referred to in clause 102.212 has been approved by the Minister and is still in force.
	102.223	The applicant satisfies public interest criteria 4001 to 4004 and 4007 to 4010.
	102.224	If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5003, 5005, 5007, 5008 and 5010.
	102.225	If so requested by the Minister, an assurance of support in relation to the applicant has been given, and has been accepted by the Minister.
	102.226	(1)	Each member of the family unit of the applicant who is an applicant is a person who:
	(a)	satisfies public interest criteria 4001 to 4004 and 4007 to 4010; and
	(b)	if he or she has previously been in Australia, satisfies special return criteria 5001, 5003, 5005 and 5007 to 5010.
	(2)	Each member of the family unit of the applicant who is not an applicant is a person who:
	(a)	satisfies public interest criteria 4001 to 4004; and
	(b)	satisfies public interest criteria 4007 and 4008, unless the Minister is satisfied that it would be unreasonable to require the person to undergo
assessment in relation to those criteria.
	102.227	If either:
	(a)	the family unit of the applicant includes a dependent child who made a combined application with the applicant; or
	(b)	a child who:
	(i)	is usually resident with the applicant; and
	(ii)	has not turned 18;
made a combined application with the applicant;
the Minister is satisfied that the grant of a subclass 102 visa to the child as a member of the family unit of the applicant would not prejudice the rights and interests of any other person who has custody or guardianship of, or access to, the child.
102.3 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.]
102.31	Criteria to be satisfied at time of application
	102.311	The applicant is a member of the family unit of, and made a combined application with, a person who satisfies the primary criteria in subdivision 102.21.
	102.312	The sponsorship referred to in clause 102.212 of the person who satisfies the primary criteria includes sponsorship of the applicant.
102.32	Criteria to be satisfied at time of decision
	102.321	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 102 visa.
	102.322	The sponsorship referred to in clause 102.312 has been approved by the Minister and is still in force.
	102.323	The applicant satisfies public interest criteria 4001 to 4004 and 4007 to 4010.
	102.324	If the applicant has previously been in Australia, the applicant satisfies the special return criteria 5003, 5005 and 5007 to 5010.
	102.325	If the Minister requires an assurance of support in respect of the person who satisfies the primary criteria:
	(a)	the applicant is included in the assurance of support given in respect of that person, and that assurance has been accepted by the Minister; or
	(b)	an assurance of support has been given in relation to the applicant, and has been accepted by the Minister.
	102.326	If the applicant is the dependent child of a person who is a holder of a subclass 102 visa, the Minister is satisfied that the grant of the visa to the applicant would not prejudice the rights and interests of any other person who has custody or guardianship of, or access to, the applicant.
102.4	CIRCUMSTANCES APPLICABLE TO GRANT
	102.411	The applicant must be outside Australia when the visa is granted.
102.5	WHEN VISA IS IN EFFECT
	102.511	Permanent visa permitting the holder to travel to and enter Australia for a period of 4 years from the date of grant.
102.6	CONDITIONS
	102.611	First entry must be made before a date specified by the Minister for the purpose.
	102.612	Either or both of conditions 8515 and 8502 may be imposed.
102.7	WAY OF GIVING EVIDENCE
102.711	Visa label affixed to a valid passport.
SUBCLASS 103-PARENT
103.1	INTERPRETATION
[NOTE:	"eligible New Zealand citizen", "aged parent", "close relative", "guardian", "parent", "settled" and "spouse" are defined in regulation 1.03, and "balance of family test" is defined in regulation 1.05. There are no interpretation provisions specific to this Part.]
103.2	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.]
103.21	Criteria to be satisfied at time of application
	103.211	The applicant is a parent of a person who is:
	(a)	a settled Australian citizen; or
	(b)	a settled Australian permanent resident; or
	(c)	a settled eligible New Zealand citizen.
	103.212	(1)	The applicant is sponsored in accordance with subclause (2) or (3).
	(2)	If the child has turned 18, the applicant is sponsored by:
	(a)	the child; or
	(b)	the child's cohabiting spouse, if that spouse:
	(i)	has turned 18; and
	(ii)	is:
	(A)	a settled Australian citizen; or
	(B)	a settled Australian permanent resident; or
	(C)	a settled eligible New Zealand citizen.
	(3)	If the child has not turned 18, the applicant is sponsored by:
	(a)	the child's cohabiting spouse, if that spouse:
	(i)	has turned 18; and
	(ii)	is:
	(A)	a settled Australian citizen; or
	(B)	a settled Australian permanent resident; or
	(C)	a settled eligible New Zealand citizen; or
	(b)	a person who:
	(i)	is a close relative or guardian of the child; and
	(ii)	has turned 18; and
	(iii)	is:
	(A)	a settled Australian citizen; or
	(B)	a settled Australian permanent resident; or
	(C)	a settled eligible New Zealand citizen; or
	(c)	if the child has a cohabiting spouse but the spouse has not turned 18-a person who:
	(i)	is a close relative or guardian of the child's spouse; and
	(ii)	has turned 18; and
	(iii)	is:
	(A)	a settled Australian citizen; or
	(B)	a settled Australian permanent resident; or
	(C)	a settled eligible New Zealand citizen; or
	(d)	a community organisation.
	(4)	In this clause, "the child" means the settled Australian citizen, settled Australian permanent resident or settled eligible New Zealand citizen referred to in clause 103.211.
	103.213	The applicant satisfies the balance of family test.
103.22	Criteria to be satisfied at time of decision
	103.221	The applicant continues to satisfy the criterion specified in clause 103.211.
	103.222	The sponsorship referred to in clause 103.212 has been approved by the Minister and is still in force.
	103.223	The applicant continues to satisfy the balance of family test.
	103.224	The applicant satisfies public interest criteria 4001 to 4006, 4009 and 4010.
	103.225	If the applicant has previously been in Australia, the applicant satisfies:
	(a)	in the case of an applicant who is an aged parent-special return criteria 5001, 5002, 5004, 5006 and 5008 to 5010; or
	(b)	in the case of an applicant other than an aged parent-special return criteria 5001, 5003, 5005, 5007 and 5008 to 5010.
	103.226	An assurance of support in relation to the applicant has been given, and has been accepted by the Minister.
	103.227	(1)	Each member of the family unit of the applicant who is an applicant is a person who:
	(a)	satisfies public interest criteria 4001 to 4006, 4009 and 4010; and
	(b)	if he or she has previously been in Australia, satisfies:
	(i)	in the case of an applicant who is an aged parent-special return criteria 5001, 5002, 5004, 5006 and 5008 to 5010; and
	(ii)	in the case of an applicant other than an aged parent-special return criteria 5001, 5003, 5005 and 5007 to 5010.
	(2)	Each member of the family unit of the applicant who is not an applicant is a person who:
	(a)	satisfies public interest criteria 4001 to 4004; and
	(b)	satisfies public interest criteria 4005 and 4006, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to those criteria.
	103.228	If either:
	(a)	the family unit of the applicant includes a dependent child who made a combined application with the applicant; or
	(b)	a child who:
	(i)	is usually resident with the applicant; and
	(ii)	has not turned 18;
made a combined application with the applicant;
the Minister is satisfied that the grant of a subclass 103 visa to the child as a member of the family unit of the applicant would not prejudice the rights and interests of any other person who has custody or guardianship of, or access to, the child.
103.3	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.]
103.31	Criteria to be satisfied at time of application
	103.311	The applicant is a member of the family unit of, and made a combined application with, a person who satisfies the primary criteria in subdivision 103.21.
	103.312	The sponsorship referred to in clause 103.212 of the person who satisfies the primary criteria includes sponsorship of the applicant.
103.32	Criteria to be satisfied at time of decision
	103.321	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 103 visa.
	103.322	The sponsorship referred to in clause 103.312 has been approved by the Minister and is still in force.
	103.323	The applicant satisfies public interest criteria 4001 to 4006, 4009 and 4010.
	103.324	If the applicant has previously been in Australia, the applicant satisfies:
	(a)	in the case of a member of a family unit of an aged parent-special return criteria 5001, 5002, 5004, 5006 and 5008 to 5010; and
	(b)	in the case of a member of a family unit of other than an aged parent-special return criteria 5001, 5003, 5005 and 5007 to 5010.
	103.325	Either:
	(a)	the applicant is included in the assurance of support given in respect of the person who satisfies the primary criteria, and that assurance has been accepted by the Minister; or
	(b)	an assurance of support has been given in relation to the applicant, and has been accepted by the Minister.
	103.326	If the applicant is the dependent child of a person who is a holder of a subclass 103 visa, the Minister is satisfied that the grant of the visa to the applicant would not prejudice the rights and interests of any other person who has custody or guardianship of, or access to, the applicant.
103.4	CIRCUMSTANCES APPLICABLE TO GRANT
	103.411	The applicant must be outside Australia when the visa is granted.
[NOTE:	Charges: Any applicable charge under the Migration (Health Services) Charge Act 1991 must be paid before the visa can be granted.]
103.5	WHEN VISA IS IN EFFECT
	103.511	Permanent visa permitting the holder to travel to and enter Australia for a period of 4 years from the date of grant.
103.6	CONDITIONS
	103.611	First entry must be made before a date specified by the Minister for the purpose.
	103.612	Either or both of conditions 8515 and 8502 may be imposed.
103.7	WAY OF GIVING EVIDENCE
	103.711	Visa label affixed to a valid passport.
SUBCLASS 104-PREFERENTIAL FAMILY
104.1	INTERPRETATION
[NOTE:	"eligible New Zealand citizen", "aged dependent relative", "settled", "special need relative", and "spouse" are defined in regulation 1.03; "orphan relative" is defined in regulation 1.14; and "remaining relative" is defined in regulation 1.15. There are no interpretation provisions specific to this Part.]
104.2	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.]
104.21	Criteria to be satisfied at time of application
	104.211	(1)	The applicant meets the requirements of subclause (2) or (3).
	(2)	An applicant meets the requirements of this subclause if:
	(a)	the applicant is an aged dependent relative, or a remaining relative, of a person (in this subclause called "the Australian relative") who is:
	(i)	an Australian citizen; or
	(ii)	an Australian permanent resident; or
	(iii)	an eligible New Zealand citizen; and
	(b)	the applicant is sponsored:
	(i)	if the Australian relative has turned 18 and is a settled Australian citizen, a settled Australian permanent resident or a settled eligible New Zealand citizen-by the Australian relative; or
	(ii)	by the spouse of the Australian relative, if the spouse:
	(A)	cohabits with the Australian relative; and
	(B)	is a settled Australian citizen or a settled Australian permanent resident or a settled eligible New Zealand citizen; and
	(C)	has turned 18.
	(3)	An applicant meets the requirements of this subclause if:
	(a)	the applicant is an orphan relative, or a special need relative, of a person (in this subclause called "the Australian relative") who is:
	(i)	an Australian citizen; or
	(ii)	an Australian permanent resident; or
	(iii)	an eligible New Zealand citizen; and
	(b)	the applicant is sponsored:
	(i)	if the Australian relative has turned 18-by the Australian relative; or
	(ii)	by the spouse of the Australian relative, if the spouse:
	(A)	cohabits with the Australian relative; and
	(B)	is an Australian citizen or an Australian permanent resident or an eligible New Zealand citizen; and
	(C)	has turned 18.
104.22	Criteria to be satisfied at time of decision
	104.221	The applicant continues to satisfy the criterion specified in clause 104.211.
	104.222	The sponsorship referred to in clause 104.211 has been approved by the Minister and is still in force.
104.223	The applicant satisfies public interest criteria 4001 to 4006, 4009 and 4010.
	104.224	The applicant meets:
	(a)	in the case of an applicant who is an aged dependent relative-special return criteria 5001, 5002, 5004, 5006, 5008 and 5009; or
	(b)	in the case of an applicant who is an orphan relative or a special need relative-special return criteria 5001, 5008 and 5009; or
	(c)	in the case of an applicant who is a remaining relative-special return criteria 5001, 5003, 5005 and 5007 to 5009.
	104.225	An assurance of support in relation to the applicant has been given, and has been accepted by the Minister.
	104.226	(1)	Each member of the family unit of the applicant who is an applicant for a subclass 104 visa is a person who:
	(a)	satisfies public interest criteria 4001 to 4006, 4009 and 4010; and
	(b)	meets:
	(i)	in the case of an applicant who is an aged dependent relative-special return criteria 5001, 5002, 5004, 5006, 5008 and 5009; or
	(ii)	in the case of an applicant who is an orphan relative or a special need relative-special return criteria 5001, 5008 and 5009; or
	(iii)	in the case of an applicant who is a remaining relative-special re criteria 5001, 5003, 5005, 5007, 5008 and 5009.
	(2)	Each member of the family unit of the applicant who is not an applicant for a subclass 104 visa is a person who:
	(a)	satisfies public interest criteria 4001 to 4004; and
	(b)	satisfies public interest criteria 4005 and 4006, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to those criteria.
	104.227	If either:
	(a)	the family unit of the applicant includes a dependent child who made a combined application with the applicant; or
	(b)	a child who:
	(i)	is usually resident with the applicant; and
	(ii)	has not turned 18;
made a combined application with the applicant;
the Minister is satisfied that the grant of a subclass 104 visa to the child as a member of the family unit of the applicant would not prejudice the rights and interests of any other person who has custody or guardianship of, or access to, the child.
	104.228	If the applicant is an orphan relative, the Minister is satisfied that the grant of the visa would not prejudice the rights and interests of any person who has custody or guardianship of, or access to, the applicant.
104.3	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.]
104.31	Criteria to be satisfied at time of application
	104.311	The applicant is a member of the family unit of, and made a combined application with, a person who satisfies the primary criteria in Subdivision 104.21.
	104.312	The sponsorship referred to in clause 104.211 of the person who satisfies the primary criteria includes sponsorship of the applicant.
104.32	Criteria to be satisfied at time of decision
	104.321	The applicant continues to be a member of the family unit of a person who is the holder of a subclass 104 visa.
	104.322	The sponsorship referred to in clause 104.312 has been approved by the Minister and is still in force.
	104.323	The applicant satisfies public interest criteria 4001 to 4006, 4009 and 4010.
	104.324	If the applicant has previously been in Australia, the applicant satisfies:
	(a)	in the case of an applicant who is a member of the family unit of an aged dependent relative-special return criteria 5001, 5002, 5004, 5006, 5008 and 5009; or
	(b)	in the case of an applicant who is a member of the family unit of an orphan relative or a special need relative-special return criteria 5001, 5008 and 5009; or
	(c)	in the case of an applicant who is a member of the family unit of a remaining relative-special return criteria 5001, 5003, 5005, 5007, 5008 and 5009.
	104.325	Either:
	(a)	the applicant is included in the assurance of support given in respect of the person who satisfies the primary criteria, and that assurance has been accepted by the Minister; or
	(b)	an assurance of support has been given in relation to the applicant, and has been accepted by the Minister.
	104.326	If the applicant is the dependent child of a person who is a holder of a subclass 104 visa, the Minister is satisfied that the grant of the visa to the applicant would not prejudice the rights and interests of any other person who has custody or guardianship of, or access to, the applicant.
104.4	CIRCUMSTANCES APPLICABLE TO GRANT
	104.411	The applicant must be outside Australia when the visa is granted.
[NOTE:	Charges: Any applicable charge under the Migration (Health Services) Charge Act 1991 must be paid before the visa can be granted.]
104.5	WHEN VISA IS IN EFFECT
104.511 Permanent visa permitting the holder to travel to and enter Australia for a period of 4 years from the date of grant.
104.6	CONDITIONS
	104.611	First entry must be made before a date specified by the Minister for the purpose.
	104.612	Either or both of conditions 8515 and 8502 may be imposed.
104.7	WAY OF GIVING EVIDENCE
	104.711	Visa label affixed to a valid passport.
SUBCLASS 105-CONCESSIONAL FAMILY
105.1	INTERPRETATION
	105.11	In this Part:
"usual occupation", in relation to an applicant, has the meaning set out in subregulation 2.26 (5).
105.2	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.]
105.21	Criteria to be satisfied at time of application
	105.211	The applicant:
	(a)	is a brother, sister, nephew, niece or parent; or
	(b)	a natural or adopted child(other than a dependent child);
of a person (in this clause called "the sponsor") who has turned 18 and who is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.
	105.212	The applicant is sponsored by the sponsor.
	105.213	The applicant is of working age.
105.22	Criteria to be satisfied at time of decision
	105.221	The sponsorship referred to in clause 105.212 has been approved by the Minister and is still in force.
	105.222	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:	The Subdivision mentioned (ss. 92 to 96) provides 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 of Part 2 (regulations 2.26 and 2.27), and Schedule 6, of these Regulations. In certain circumstances, attributes of the spouse of an applicant may be taken into account (regulation 2.27). Pool marks and pass marks are set from time to time by the Minister by notice in the Gazette (s. 96).]
	105.223	(1)	Subject to subclause (2), the applicant continues to satisfy the criterion specified in clause 105.213.
	(2)	If the applicant satisfies the criterion specified in clause 105.222 by reason of the operation of regulation 2.27, the spouse of the applicant was, at the time of application, of working age.
	105.224	(1)	Subject to subclause (2), if the usual occupation of the applicant is an occupation included in the Occupations Requiring English List, the applicant satisfies the Minister that the applicant has proficiency in English of at least the standard required for the award of 15 points on the language skill factor of the general points test specified in Part 3 of Schedule 6.
	(2)	If:
	(a)	the applicant satisfies the criterion specified in clause 105.222 by reason of the operation of regulation 2.27; and
	(b)	the usual occupation of the spouse of the applicant is an occupation included in the Occupations Requiring English List;
the spouse of the applicant satisfies the Minister that the spouse of the applicant has proficiency in English of at least the standard required for the award of 15 points on the language skill factor of the general points test specified in Part 3 of Schedule 6.
	105.225	The applicant satisfies public interest criteria 4001 to 4006, 4009 and 4010.
	105.226	If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5003, 5005 and 5007 to5010.
	105.227	If so requested by the Minister, an assurance of support in relation to the applicant has been given, and has been accepted by the Minister.
	105.228	(1)	Each member of the family unit of the applicant who is an applicant for a subclass 105 visa is a person who:
	(a)	satisfies public interest criteria 4001 to 4006, 4009 and 4010; and
	(b)	if he or she has previously been in Australia, satisfies special return criteria 5001, 5003, 5005 and 5007 to 5010.
	(2)	Each member of the family unit of the applicant who is not an applicant for a subclass 105 visa is a person who:
	(a)	satisfies public interest criteria 4001 to 4004; and
	(b)	satisfies public interest criteria 4005 and 4006, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to those criteria.
	105.229	If either:
	(a)	the family unit of the applicant includes a dependent child who made a combined application with the applicant; or
	(b)	a child who:
	(i)	is usually resident with the applicant; and
	(ii)	has not turned 18; and
made a combined application with the applicant;
the Minister is satisfied that the grant of a subclass 105 visa to the child as a member of the family unit of the applicant would not prejudice the rights and interests of any other person who has custody or guardianship of, or access to, the child.
1	05.230	Approval of the application would not result in either:
	(a)	the number of subclass 105 visas granted in a financial year exceeding the maximum number of subclass 105 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 105) granted in a financial year exceeding the maximum number of visas of those classes, as determined by Gazette Notice, that may be granted in a financial year.
105.3	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.]
105.31	Criteria to be satisfied at time of application
	105.311	The applicant is a member of the family unit of, and made a combined application with, a person who satisfies the primary criteria in subdivision 105.21.
	105.312	The sponsorship referred to in clause 105.212 in respect of the person who satisfies the primary criteria includes sponsorship of the applicant.
105.32	Criteria to be satisfied at time of decision
	105.321	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 105 visa.
	105.322	The sponsorship referred to in clause 105.312 has been approved by the Minister and is still in force.
	105.323	The applicant satisfies public interest criteria 4001 to 4006 and 4009 and 4010.
	105.324	If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5003, 5005 and 5007 to 5010.
	105.325	Either:
	(a)	the applicant is included in any assurance of support required in respect of the person who satisfies the primary criteria, and that assurance has been accepted by the Minister; or
	(b)	an assurance of support has been provided in relation to the applicant, and has been accepted by the Minister.
	105.326	If the applicant is the dependent child of a person who is a holder of a subclass 105 visa, the Minister is satisfied that the grant of the visa to the applicant would not prejudice the rights and interests of any other person who has custody or guardianship of, or access to, the applicant.
105.4	CIRCUMSTANCES APPLICABLE TO GRANT
	105.411	The applicant must be outside Australia when the visa is granted.
[NOTE:	Charges: Any applicable charge under the Immigration (Education) Charge Act 1992 must be paid before the visa can be granted.]
105.5	WHEN VISA IS IN EFFECT
	105.511	Permanent visa permitting the holder to travel to and enter Australia for a period of 4 years from the date of grant.
105.6 CONDITIONS
	105.611	First entry must be made before a date specified by the Minister for the purpose.
	105.612	If the applicant satisfies the secondary criteria, either or both of conditions 8514 and 8502 may be imposed.
105.7	WAY OF GIVING EVIDENCE
	105.711	Visa label affixed to a valid passport.
SUBCLASS 120-LABOUR AGREEMENT
120.1	INTERPRETATION
[NOTE:	No interpretation provisions specific to this Part.]
120.2	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.]
120.21	Criteria to be satisfied at time of application
	120.211	The applicant:
	(a)	seeks to enter Australia to work in accordance with a labour agreement; and
	(b)	has qualifications and experience that are suitable for the position to be taken by the applicant under the labour agreement; and
	(c)	unless exceptional circumstances apply, has not turned 55.
120.22	Criteria to be satisfied at time of decision
	120.221	The Minister is satisfied that the applicant is to be employed or engaged in Australia in accordance with the standards for wages and working conditions under relevant Australian legislation and awards.
	120.222	The applicant:
	(a)	satisfies public interest criteria 4001 to 4006, 4009 and 4010; and
	(b)	if the applicant has previously been in Australia, satisfies special return criteria 5001, 5003, 5005 and 5007 to 5009.
	120.223	If so requested by the Minister, an assurance of support in relation to the applicant has been given, and has been accepted by the Minister.
	120.224	(1)	Each member of the family unit of the applicant who is an applicant for a subclass 120 visa is a person who:
	(a)	satisfies public interest criteria 4001 to 4006, 4009 and 4010; and
	(b)	if he or she has previously been in Australia, satisfies special return criteria 5001, 5003, 5005 and 5007 to 5009.
	(2)	Each member of the family unit of the applicant who is not an applicant for a subclass 120 visa is a person who:
	(a)	satisfies public interest criteria 4001 to 4004; and
	(b)	satisfies public interest criteria 4005 and 4006, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to those criteria.
	120.225	If either:
	(a)	the family unit of the applicant includes a dependent child who made a combined application with the applicant; or
	(b)	a child who:
	(i)	is usually resident with the applicant; and
	(ii)	has not turned 18;
made a combined application with the applicant;
the Minister is satisfied that the grant of a subclass 120 visa to the child as a member of the family unit of the applicant would not prejudice the rights and interests of any other person who has custody or guardianship of, or access to, the child.
120.3	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.]
120.31	Criteria to be satisfied at time of application
	120.311	The applicant is a member of the family unit of, and made a combined application with, a person who satisfies or has satisfied the primary criteria in subdivision 120.21.
120.32	Criteria to be satisfied at time of decision
	120.321	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 120 visa.
	120.322	The applicant satisfies public interest criteria 4001 to 4006, 4009 and 4010.
	120.323	If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5003, 5005 and 5007 to 5009.
	120.324	If an assurance of support is required in respect of the family unit member who is the holder of a subclass 120 visa, either:
	(a)	the applicant is included in the assurance of support, and the assurance of support has been accepted by the Minister; or
	(b)	an assurance of support has been provided in relation to the applicant, and has been accepted by the Minister.
	120.325	If the applicant is the dependant child of a person who is the holder of a subclass 120 visa, the Minister is satisfied that the grant of the visa to the applicant would not prejudice the rights and interests of any other person who has custody or guardianship of, or access to, the applicant.
120.4	CIRCUMSTANCES APPLICABLE TO GRANT
	120.411	The applicant must be outside Australia when the visa is granted.
[NOTE:	Charges: Any applicable charge under the Immigration (Education) Charge Act 1992 must be paid before the visa can be granted.]
120.5	WHEN VISA IS IN EFFECT
	120.511	Permanent visa permitting the holder to travel to and enter Australia for a period of 4 years from date of grant.
120.6	CONDITIONS
	120.611	First entry must be made before a date specified by the Minister for the purpose..
	120.62	Condition 8502 may be imposed .
120.7	WAY OF GIVING EVIDENCE
	120.711	Visa label affixed to a valid passport.
SUBCLASS 121-EMPLOYER NOMINATION
121.1	INTERPRETATION
[NOTE:	No interpretation provisions specific to this Part.]
121.2	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.]
121.21	Criteria to be satisfied at time of application
	121.211	The applicant:
	(a)	has been nominated under regulation 5.19 by an employer in respect of an approved appointment in the business of that employer; and
	(b)	is a highly skilled person within the meaning of regulation 5.19 in relation to that approved appointment; and
	(c)	unless the approved appointment is exceptional, has not turned 55.
	121.212	(1)	The period that has elapsed since the approved appointment
became an approved appointment does not exceed:
	(a)	3 months; or
	(b)	if in a particular case the Minister allows a longer period under subclause (2), that longer period.
	(2)	The Minister may in a particular case allow a longer time than 3 months under subclause (1) if the Minister is satisfied:
	(a)	on written application by the applicant, that there are exceptional circumstances affecting that applicant; or
	(b)	on written application by the employer, that, if the applicant for the visa were to take up the approved appointment, any 2 of the following results would occur:
	(i)	expansion of Australian business and export activity;
	(ii)	generation of employment in Australia;
	(iii)	introduction and transfer to Australia of new skills and technology;
	(iv)	improvement of employment and training opportunities for Australians.
121.22	Criteria to be satisfied at time of decision
	121.221	The nomination referred to in clause 121.211 is still in force.
	121.222	(1)	The period that has elapsed since the approved appointment
became an approved appointment does not exceed:
	(a)	12 months; or
	(b)	if in a particular case the Minister allows a longer period under subclause (2), that longer period.
	(2)	The Minister may in a particular case allow a longer period than 12 months under subclause (1) if the Minister is satisfied:
	(a)	on written application by the applicant, that there are exceptional circumstances affecting that applicant; or
	(b)	on written application by the employer, that, if the applicant for the visa were to take up the approved appointment, any 2 of the following results would occur:
	(i)	expansion of Australian business and export activity;
	(ii)	generation of employment in Australia;
	(iii)	introduction and transfer to Australia of new skills and technology;
	(iv)	improvement of employment and training opportunities for Australians.
	121.223	The Minister is satisfied that the approved appointment will provide the employment referred to in the relevant employer nomination.
	121.224	The applicant:
	(a)	satisfies public interest criteria 4001 to 4006, 4009 and 4010; and
	(b)	if the applicant has previously been in Australia, satisfies special return criteria 5001, 5003, 5005, 5007, 5008 and 5009.
	121.225	If so requested by the Minister, an assurance of support in relation to the applicant has been given, and has been accepted by the Minister.
	121.226	(1)	Each member of the family unit of the applicant who is an applicant for a subclass 121 visa is a person who:
	(a)	satisfies public interest criteria 4001 to 4006, 4009 and 4010; and
	(b)	if he or she has previously been in Australia, satisfies special return criteria 5001, 5003, 5005, 5007, 5008 and 5009.
	(2)	Each member of the family unit of the applicant who is not an applicant for a subclass 121 visa is a person who:
	(a)	satisfies public interest criteria 4001 to 4004; and
	(b)	satisfies public interest criteria 4005 and 4006, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to those criteria.
121.227	If either:
	(a)	the family unit of the applicant includes a dependent child who made a combined application with the applicant; or
	(b)	a child who:
	(i)	is usually resident with the applicant; and
	(ii)	has not turned 18;
made a combined application with the applicant;
the Minister is satisfied that the grant of a subclass 121 visa to the child as a member of the family unit of the applicant would not prejudice the rights and interests of any other person who has custody or guardianship of, or access to, the child.
121.3	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]
121.31	Criteria to be satisfied at time of application
	121.311	The applicant is a member of the family unit of, and made a combined application with, a person who satisfies or has satisfied the primary criteria in subdivision 121.21.
121.32	Criteria to be satisfied at time of decision
	121.321	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 121 visa.
	121.322	The applicant satisfies
	(a)	public interest criteria 4001 to 4004, 4009 and 4010; and
	(b)	public interest criteria 4005 and 4006, unless the Minister is satisfied that it would be unreasonable to require the applicant to undergo assessment in relation to those criteria.
	121.323	If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5003, 5005 and 5007 to 5010.
	121.324	If an assurance of support is required in respect of the person who satisfies the primary criteria, either:
	(a)	the applicant is included in the assurance of support, and that assurance of support has been accepted by the Minister; or
	(b)	an assurance of support has been provided in relation to the applicant, and has been accepted by the Minister.
	121.325	If the applicant is the dependent child of a person who is the holder of a subclass 121 visa, the Minister is satisfied that the grant of the visa to the applicant would not prejudice the rights and interests of any other person who has custody or guardianship of, or access to the applicant.
121.4	CIRCUMSTANCES APPLICABLE TO GRANT
	121.411	The applicant must be outside Australia when the visa is granted.
[NOTE: 	Charges: Any applicable charge under the Immigration (Education) Charge Act 1992 must be paid before the visa can be granted.]
121.5	WHEN VISA IS IN EFFECT
	121.511	Permanent visa permitting the holder to travel to and enter Australia for a period of 4 years from the date of grant.
121.6	CONDITIONS
	121.611	First entry must be made before a date specified by the Minister for the purpose.
	121.612	Condition 8502 may be imposed.
121.7	WAY OF GIVING EVIDENCE
	121.711	Visa label affixed to a valid passport.
SUBCLASS 124-DISTINGUISHED TALENT (AUSTRALIAN SUPPORT)
124.1	INTERPRETATION
[NOTE:	"eligible New Zealand citizen" is defined in regulation 1.03. No interpretation provisions specific to this Part.]
124.2	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.]
124.21	Criteria to be satisfied at time of application
	124.211	The applicant produces a nomination, testifying to his or her standing in an occupation, profession or activity, from
	(a)	an Australian citizen; or
	(b)	an Australian permanent resident; or
	(c)	an eligible New Zealand citizen; or;
	(d)	an Australian organisation.
having a national reputation in relation to that occupation, profession, or activity.
	124.212	Either:
	(a)	the applicant:
	(i)	has an exceptional record of achievement in an occupation, profession or activity; and
	(ii)	would be an asset to the Australian community; and
	(iii)	would have no difficulty in obtaining employment or in becoming established independently in Australia in that occupation, profession or activity; or
	(b)	the applicant has a record of outstanding achievement, and is still prominent, in the arts or sport.
124.22	Criteria to be satisfied at time of decision
	124.221	The applicant satisfies public interest criteria 4001 to 4006, 4009 and 4010.
	124.222	If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5003, 5005 and 5007 to 5009.
	124.223	If so requested by the Minister, an assurance of support in relation to the applicant has been given, and has been accepted by the Minister.
	124.224	(1)	Each member of the family unit of the applicant who is an applicant for a subclass 124 visa is a person who:
	(a)	satisfies public interest criteria 4001 to 4006, 4009 and 4010; and
	(b)	if he or she has previously been in Australia, satisfies special return criteria 5001, 5003, 5005 and 5007 to 5010.
	(2)	Each member of the family unit of the applicant who is not an applicant for a subclass 124 visa is a person who:
	(a)	satisfies public interest criteria 4001 to 4004 and 4010; and
	(b)	satisfies public interest criteria 4005 and 4006, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to those criteria.
124.225 If either:
	(a)	the family unit of the applicant includes a dependent child who made a combined application with the applicant; or
	(b)	a child who:
	(i)	is usually resident with the applicant; and
	(ii)	has not turned 18;
made a combined application with the applicant;
the Minister is satisfied that the grant of a subclass 124 visa to the child as a member of the family unit of the applicant would not prejudice the rights and interests of any other person who has custody or guardianship of, or access to, the child.
124.3	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.]
124.31	Criteria to be satisfied at time of application
	124.311	The applicant is a member of the family unit of, and made a combined application with, a person who satisfies or has satisfied the primary criteria in subdivision 124.21.
	124.32	Criteria to be satisfied at time of decision
	124.321	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 124 visa.
	124.322	The applicant satisfies public interest criteria 4001 to 4006 and 4009 and 4010.
	124.323	If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5003, 5005 and 5007 to 5010.
	124.324	If an assurance of support is required in respect of the person who satisfied the primary criteria, either:
	(a)	the applicant is included in the assurance of support, and that assurance has been accepted by the Minister; or
	(b)	an assurance of support has been provided in relation to the applicant, and has been accepted by the Minister.
	124.325	If the applicant is the dependent child of a person who is the holder of a subclass 124 visa, the Minister is satisfied that the grant of the visa to the applicant would not prejudice the rights and interests of any other person who has custody or guardianship of, or access to, the applicant.
124.4	CIRCUMSTANCES APPLICABLE TO GRANT
	124.411	The applicant must be outside Australia when the visa is granted.
(NOTE: Charges: Any applicable charge under the Immigration (Education) Charge Act 1992 must be paid before the visa can be granted.)
124.5	WHEN VISA IS IN EFFECT
	124.511	Permanent visa permitting the holder to travel to and enter Australia for a period of 4 years from date of grant.
124.6	CONDITIONS
	124.611	First entry must be made before a date specified by the Minister for the purpose.
	124.612	Condition 8502 may be imposed.
124.7	WAY OF GIVING EVIDENCE
	124.711	Visa label affixed to a valid passport.
SUBCLASS 125-DISTINGUISHED TALENT AND SPECIAL SERVICE (INDEPENDENT)
125.1	INTERPRETATION
[NOTE:	"eligible New Zealand citizen" is defined in regulation 1.03.]
125.2	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.]
125.21	Criteria to be satisfied at time of application
	125.211	(1)	The applicant meets the requirements of subclause (2), (3) or (4).
	(2)	An applicant meets the requirements of this subclause if he or she:
	(a)	has an exceptional record of achievement in an occupation or profession; and
	(b)	would be an asset to the Australian community; and
	(c)	would have no difficulty obtaining employment or becoming established independently in Australia in that occupation or profession.
	(3)	An applicant meets the requirements of this subclause if he or she has a record of outstanding achievement, and is still prominent in the arts or sport.
	(4)	An applicant meets the requirements of this subclause if, in the opinion of the Minister acting on the advice of:
	(a)	the Minister responsible for an intelligence or security agency within the meaning of the Australian Security Intelligence Organisation Act 1979; or
	(b)	the Director-General of Security;
the applicant has provided specialised assistance to the Australian Government in matters of security.
125.22	Criteria to be satisfied at time of decision
	125.221	The applicant satisfies public interest criteria 4001 to 4006, 4009 and 4010.
	125.222	If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5003, 5005 and 5007 to 5010.
	125.223	If so requested by the Minister, an assurance of support in relation to the applicant has been given, and has been accepted by the Minister.
	125.224	(1)	Each member of the family unit of the applicant who is an applicant for a subclass 125 visa is a person who:
	(a)	satisfies public interest criteria 4001 to 4006, 4009 and 4010; and
	(b)	if he or she has previously been in Australia, satisfies special return criteria 5001, 5003, 5005 and 5007 to 5010.
	(2)	Each member of the family unit of the applicant who is not an applicant for a subclass 125 visa is a person who:
	(a)	satisfies public interest criteria 4001 to 4004 and 4010; and
	(b)	satisfies public interest criteria 4005 and 4006, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to those criteria.
	125.225	If either:
	(a)	the family unit of the applicant includes a dependent child who made a combined application with the applicant; or
	(b)	a child who:
	(i)	is usually resident with the applicant; and
	(ii)	has not turned 18;
made a combined application with the applicant;
the Minister is satisfied that the grant of a subclass 125 visa to the child as a member of the family unit would not prejudice the rights and interests of any other person who has custody or guardianship of, or access to, the child.
125.3	SECONDARY CRITERIA
[NOTE:	These criteria must be satisfied by applicants who are family unit members of a person who satisfies the Primary Criteria]
125.31	Criteria to be satisfied at time of application
	125.311	The applicant is a member of the family unit of, and has made a combined application with, a person who satisfies or has satisfied the primary criteria in subdivision 125.21.
125.32	Criteria to be satisfied at time of decision
	125.321	The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is a holder of a subclass 125 visa.
	125.322	The applicant satisfies public interest criteria 4001 to 4006, 4009 and 4010.
	125.323	If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5003, 5005 and 5007 to 5010.
125.324 If an assurance of support is required in respect of the person who
satisfies the primary criteria, either:
	(a)	the applicant is included in the assurance of support, and that assurance has been accepted by the Minister; or
	(b)	an assurance of support has been provided in relation to the applicant, and has been accepted by the Minister.
125.325 If the applicant is the dependent child of a person who is the holder of a subclass 125 visa, the Minister is satisfied that the grant of the visa to the applicant would not prejudice the rights and interests of any other person who has custody or guardianship of, or access to, the applicant.
125.4	CIRCUMSTANCES APPLICABLE TO GRANT
	125.411	The applicant must be outside Australia when the visa is granted.
[NOTE:	Charges: Any applicable charge under the Immigration (Education) Charge Act 1992 must be paid before the visa can be granted.].
125.5	WHEN VISA IS IN EFFECT
	125.511	Permanent visa permitting the holder to travel to and enter Australia for a period of 4 years from the date of grant.
125.6	CONDITIONS
	125.611	First entry must be made before a date specified by the Minister for the purpose.
	125.612	Condition 8502 may be imposed.
125.7	WAY OF GIVING EVIDENCE
	125.711	Visa label affixed to a valid passport.
SUBCLASS 126-INDEPENDENT
126.1	INTERPRETATION
	126.11	In this Part:
"usual occupation", in relation to an applicant, has the meaning set out in subregulation 2.26 (5).
[NOTE:	"working age" is defined in regulation 1.03.]
126.2	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.]
126.21	Criteria to be satisfied at time of application
	126.211	The applicant is of working age.
126.22	Criteria to be satisfied at time of decision
	126.221	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:	The Subdivision of the Act mentioned (ss.  92 to 96) provides 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 of Part 2 (see regulation 2.26) and Schedule 6 of these Regulations. Pool marks and pass marks are set from time to time by the Minister by notice in the Gazette (s. 96 of the Act).]
	126.222	If the usual occupation of the applicant is an occupation included in the Occupations Requiring English List, the applicant satisfies the Minister that the applicant has proficiency in English of at least the standard required for the award of 15 points on the language skill factor of the general points test specified in Part 3 of Schedule 6.
	126.223	The applicant satisfies public interest criteria 4001 to 4006, 4009 and 4010.
	126.224	If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5003, 5005 and 5007 to 5010.
	126.225	If so requested by the Minister, an assurance of support in relation to the applicant has been given, and has been accepted by the Minister.
	126.226	(1)	Each member of the family unit of the applicant who is an
applicant for a subclass 126 visa is a person who:
	(a)	satisfies public interest criteria 4001 to 4006, 4009 and 4010; and
	(b)	if he or she has previously been in Australia, satisfies special return criteria 5001, 5003, 5005 and 5007 to 5010.
	(2)	Each member of the family unit of the applicant who is not an
applicant for a subclass 126 visa is a person who:
	(a)	satisfies public interest criteria 4001 to 4004; and
	(b)	satisfies public interest criteria 4005 and 4006, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to those criteria.
	26.227	If either:
	(a)	the family unit of the applicant includes a dependent child who made a combined application with the applicant; or
	(b)	a child who:
	(i)	is usually resident with the applicant; and
	(ii)	has not turned 18;
made a combined application with the applicant;
the Minister is satisfied that the grant of a subclass 126 visa to the child as a member of the family unit of the applicant would not prejudice the rights and interests of any other person who has custody or guardianship of, or access to, the child.
	126.228	Approval of the application would not result in either:
	(a)	the number of subclass 126 visas granted in a financial year exceeding the maximum number of subclass 126 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 126) granted in a financial year exceeding the maximum number of visas of those classes, as determined by Gazette Notice, that may be granted in a financial year.
126.3	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]
126.31	Criteria to be satisfied at time of application
	126.311	The applicant is a member of the family unit of, and made a combined aplication with, a person who satisfies the primary criteria in subdivision 126.21.
126.32	Criteria to be satisfied at time of decision
	126.321	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 126 visa.
	126.322	The applicant satisfies public interest criteria 4001 to 4006, 4009 and 4010.
	126.323	If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5003, 5005 and 5007 to 5010.
	126.324	Either:
	(a)	the applicant is included in any assurance of support required in respect of the person who satisfies the primary criteria, and that assurance has been accepted by the Minister; or
	(b)	an assurance of support has been provided in relation to the applicant, and has been accepted by the Minister.
	126.325	If the applicant is the dependent child of a person who is a holder of a subclass 126 visa, the Minister is satisfied that the grant of the visa to the applicant would not prejudice the rights and interests of any other person who has custody or guardianship of, or access to, the applicant.
126.4	CIRCUMSTANCES APPLICABLE TO GRANT
	126.411	The applicant must be outside Australia when the visa is granted.
(NOTE: Charges: Any applicable charge under the Immigration (Education) Charge Act 1992 must be paid before the visa can be granted.)
126.5	WHEN VISA IS IN EFFECT
	126.511	Permanent visa permitting the holder to travel to and enter Australia for a period of 4 years from the date of grant.
126.6	CONDITIONS
	126.611	First entry must be made before a date specified by the Minister for the purpose.
	126.612	If the applicant satisfies the secondary criteria, either or both of conditions 8514 and 8502 may be imposed.
126.7	WAY OF GIVING EVIDENCE
	126.711	Visa label affixed to a valid passport.
SUBCLASS 127-BUSINESS OWNER
127.1	INTERPRETATION
[NOTE:	"appropriate regional authority", "AUD", "eligible business","fiscal year" and "ownership interest"are defined in regulation 1.03, and "main business" is defined in regulation 1.11. There are no interpretation provisions specific to this Part.]
127.2	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.]
127.21	Criteria to be satisfied at time of application
	127.211	The applicant has, or has had in any 2 fiscal years in the 4 fiscal years immediately preceding the making of the application, an ownership interest in 1 or more businesses.
	127.212	(1)	The applicant has overall had a successful business career.
	(2)	In any 2 fiscal years in the 4 fiscal years immediately preceding the making of the application, the net assets of:
	(a)	the applicant; or
	(b)	the applicant and his or her spouse together;
in a business or businesses were not less than the equivalent of AUD300,000 in each of those years.
	127.213	In any 2 fiscal years in the 4 fiscal years immediately preceding the making of the application, the applicant, as the owner of an interest in a main business or main businesses, maintained direct and continuous involvement in management of that business or those businesses from day to day and in making decisions that affected the overall direction and performance of that business or those businesses.
	127.214	If the applicant was engaged, for 2 or more of the 4 fiscal years immediately preceding the making of the application, in a business providing professional, technical or trade services, the applicant was directly engaged in the provision of the services, as distinct from the general direction of the operation of the business, for no more than half the time spent by the applicant from day to day in the conduct of the business.
	127.215	The applicant has notified the appropriate regional authority of a State or Territory of:
	(a)	the applicant's business history; and
	(b)	the applicant's intention to develop a business in that State or Territory.
	127.216	The applicant genuinely has a realistic commitment, after entry to Australia as the holder of a subclass 127 visa:
	(a)	to either:
	(i)	establish an eligible business in Australia; or
	(ii)	participate in an existing eligible business in Australia; and
	(b)	to maintain a substantial ownership interest in that business; and
	(c)	to maintain direct and continuous involvement in management of that business from day to day and in making decisions that affect the overall direction and performance of the business in a manner that benefits the Australian economy.
	127.217	The applicant does not have a history of involvement in business activities that are of a nature that is not generally acceptable in Australia.
	127.218	The applicant signs a declaration in a form approved by the Minister that the applicant acknowledges the Government's requirements in relation to entry to Australia as the holder of a subclass 127 visa.
127.22	Criteria to be satisfied at time of decision
	127.221	The applicant continues to satisfy the criteria specified in clauses 127.211 to 127.217.
127.222	(1)	The applicant's score on the business skills points test is not less than the number of points that is specified for the purposes of this paragraph by Gazette Notice.
	(2)	For the purposes of sub-clause (1):
	(a)	an applicant's score on the business skills points test is the sum of the applicant's scores under:
	(i)	Division 1.1 of Part 1 of Schedule 7; and
	(ii)	Parts 2, 3 and 4 of that Schedule; and
	(b)	an applicant's score under a Subdivision or Part of Schedule 7 is the number of points specified in that Subdivision or Part in relation to the attribute described in the Subdivision or Part that relates to the applicant:
	(i)	in the case of an attribute specified in Part 3 of Schedule 7-at the time when the application is decided; and
	(ii)	in the case of any other attribute-at the time when the application is made;
and if there is more than 1 attribute of that kind, the highest single number of points so specified; and
	(c)	in determining the score of an applicant under Part 4 of Schedule 7, only assets available for transfer, and capable of being transferred, to Australia within 2 years of grant of a business skills visa to the applicant are to be taken into account.
	127.223	The applicant satisfies public interest criteria 4001 to 4006, 4009 and 4010.
	127.224	If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5003, 5005 and 5007 to 5010.
	127.225	(1)	Each member of the family unit of the applicant who is an applicant for a subclass 127 visa:
	(a)	is a person who satisfies public interest criteria 4001 to 4006, 4009 and 4010; and
	(b)	if the person has previously been in Australia, satisfies special return criteria 5001, 5003, 5005 and 5007 to 5010.
	(2)	Each member of the family unit of the applicant who is not an applicant for a subclass 127 visa is a person who:
	(a)	satisfies public interest criteria 4001 to 4004; and
	(b)	satisfies public interest criteria 4005 and 4006, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to those criteria.
	127.226	 If either:
	(a)	the family unit of the applicant includes a dependent child who made a combined application with the applicant; or
	(b)	a child who:
	(i)	is usually resident with the applicant; and
	(ii)	has not turned 18;
made a combined application with the applicant;
the Minister is satisfied that the grant of the subclass 127 visa to the child as a member of the family unit of the applicant would not prejudice the rights and interests of any other person who has custody or guardianship of, or access to, the child.
127.3	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.]
127.31	Criteria to be satisfied at time of application
	127.311	The applicant is a member of the family unit of, and made a combined application with, a person who satisfies the primary criteria in subdivision 127.21.
127.32	Criteria to be satisfied at time of decision
	127.321	The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is a holder of a subclass 127 visa.
	127.322	The applicant satisfies public interest criteria 4001 to 4006, 4009 and 4010.
	127.323	If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5003, 5005 and 5007 to 5010.
	127.324	If the applicant is the dependent child of a person who is a holder of a subclass 127 visa, the Minister is satisfied that the grant of the visa to the applicant would not prejudice the rights and interests of any other person who has custody or guardianship of, or access to, the applicant.
127.4	CIRCUMSTANCES APPLICABLE TO GRANT
	127.411	The applicant must be outside Australia when the visa is granted.
[NOTE:	Charges: Any applicable charge under the Immigration (Education) Charge Act 1992 must be paid before the visa can be granted.]
127.5	WHEN VISA IS IN EFFECT
	127.511	Permanent visa permitting the holder to travel to and enter Australia for a period of 4 years from the date of grant.
127.6	CONDITIONS
	127.611	First entry must be made before a date specified by the Minister for the purpose.
	127.612	Either or both of conditions 8502 and 8515 may be imposed.
127.7	WAY OF GIVING EVIDENCE
	127.711	Visa label affixed to a valid passport.
SUBCLASS 128-SENIOR EXECUTIVE
128.1	INTERPRETATION
128.111	In this Part:
"major business" means a business (other than a government business enterprise) the annual turnover of which was not less than the equivalent of AUD50,000,000 in each of any 2 of the 4 fiscal years immediately preceding the making of the application.
[NOTE:	"appropriate regional authority", "AUD", "eligible business", "fiscal year" and "ownership interest" are defined in regulation 1.03.]
128.2	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.]
128.21	 Criteria to be satisfied at time of application
	128.211	The applicant has overall had a successful business career.
	128.212	In any 2 of the 4 years immediately preceding the making of the application, the applicant:
	(a)	occupied a position in the 3 highest levels of the management structure of a major business; and
	(b)	was responsible for strategic policy development affecting a major component or a wide range of operations of that major business;
in each of those years.
128.213 The applicant has notified the appropriate regional authority of a
State or Territory of:
	(a)	the applicant's business history; and
	(b)	the applicant's intention to develop a business in that State or Territory.
128.214 The applicant genuinely has a realistic commitment, after entry to Australia as the holder of a subclass 128 visa:
	(a)	to either:
	(i)	establish an eligible business in Australia; or
	(ii)	participate in an existing eligible business in Australia; and
	(b)	to maintain a substantial ownership interest in that business; and
	(c)	to maintain direct and continuous involvement in management of that business from day to day and in making decisions that affect the overall direction and performance of the business in a manner that benefits the Australian economy.
	128.215	The applicant does not have a history of involvement in business activities that are of a nature that is not generally acceptable in Australia.
	128.216	The applicant signs a declaration in a form approved by the Minister, that the applicant acknowledges the Government's requirements in relation to entry to Australia as the holder of a subclass 128 visa.
128.22	Criteria to be satisfied at time of decision
	128.221	The applicant continues to satisfy the criteria specified in clauses 128.211 to 128.215.
	128.222	(1)	The applicant's score on the business skills points test is not less than the number of points that is specified for the purposes of this clause by Gazette Notice.
	(2)	For the purposes of subclause (1):
	(a)	an applicant's score on the business skills points test is the sum of the applicant's scores under:
	(i)	Division 1.2 of Part 1 of Schedule 7; and
	(ii)	Parts 2, 3 and 4 of that Schedule; and
	(b)	an applicant's score under a Division or Part of Schedule 7 is the number of points specified in that Division or Part in relation to the attribute described in the Division or Part that relates to the applicant:
	(i)	in the case of an attribute specified in Part 3 of Schedule 7-at the time when the application is decided; and
	(ii)	in the case of any other attribute-at the time when the application is made;
and if there is more than 1 attribute of that kind, the highest single number of points so specified; and
	(c)	in determining the score of an applicant under Part 4 of Schedule 7, only assets available for transfer, and capable of being transferred, to Australia within 2 years of grant of a business skills visa are to be taken into account.
	128.223	The applicant satisfies public interest criteria 4001 to 4006, 4009 and 4010.
	128.224	If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5003, 5005 and 5007 to 5010.
	128.225	(1)	Each member of the family unit of the applicant who is an applicant for a subclass 128 visa is a person who:
	(a)	satisfies public interest criteria 4001 to 4006, 4009 and 4010; and
	(b)	if the person has previously been in Australia, satisfies special return criteria 5001, 5003, 5005 and 5007 to 5010.
	(2)	Each member of the family unit of the applicant who is not an applicant for a subclass 128 visa is a person who:
	(a)	satisfies public interest criteria 4001 to 4004; and
	(b)	satisfies public interest criteria 4005 and 4006, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to those criteria.
	128.226	If either:
	(a)	the family unit of the applicant includes a dependent child who made a combined application with the applicant; or
	(b)	a child who:
	(i)	is usually resident with the applicant; and
	(ii)	has not turned 18;
made a combined application with the applicant; and
the Minister is satisfied that the grant of a subclass 128 visa to the child as a member of the family unit of the applicant would not prejudice the rights and interests of any other person who has custody or guardianship of, or access to, the child.
128.3	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.]
128.31	Criteria to be satisfied at time of application
128.311	The applicant is a member of the family unit of, and made a combined application with, a person who satisfies the primary criteria in subdivision 128.21.
128.3	Criteria to be satisfied at time of decision
1	28.321	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 128 visa.
	128.322	The applicant satisfies public interest criteria 4001 to 4006, 4009 and 4010.
1	28.323	If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5003, 5005 and 5007 to 5010.
	128.324	If the applicant is the dependent child of a person who is a holder of a subclass 128 visa, the Minister is satisfied that the grant of the visa to the applicant would not prejudice the rights and interests of any other person who has custody or guardianship of, or access to, the applicant .
128.4	CIRCUMSTANCES APPLICABLE TO GRANT
	128.411	The applicant must be outside Australia when the visa is granted.
[NOTE:	Charges: Any applicable charge under the Immigration (Education) Charge Act 1992 must be paid before the visa is granted.]
128.5	WHEN VISA IS IN EFFECT
	128.511	Permanent visa permitting the holder to travel to and enter Australia for a period of 4 years from the date of grant.
128.6	CONDITIONS
	128.611	First entry must be made before a date specified by the Minister for the purpose.
	128.612	Either or both of conditions 8502 and 8515 may be imposed.
128.7	WAY OF GIVING EVIDENCE
	128.711	Visa label affixed to a valid passport.
SUBCLASS 129-STATE/TERRITORY SPONSORED BUSINESS OWNER
129.1	INTERPRETATION
[NOTE:	"appropriate regional authority", "AUD", "eligible business", "fiscal year" and "main business" are defined in regulation 1.03. There are no interpretation provisions specific to this Part.]
129.2	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.]
129.21	Criteria to be satisfied at time of application
	129.211	The applicant has, or has had in any 2 fiscal years in the 4 fiscal years immediately preceding the making of the application, an ownership interest in one or more businesses.
129.212	(1)	The applicant has overall had a successful business career.
	(2)	In any 2 fiscal years in the 4 fiscal years immediately preceding the making of the application, the net assets of:
	(a)	the applicant; or
	(b)	the applicant and his or her spouse together;
in a business or businesses were not less than the equivalent of AUD200,000 in each of those years.
	129.213	In any 2 fiscal years in the 4 fiscal years immediately preceding the making of the application, the applicant, as the owner of an interest in a main business or main businesses, maintained direct and continuous involvement in management of that business or those businesses from day to day and in making decisions that affected the overall direction and performance of that business or those businesses.
	129.214	If the applicant was engaged, for 2 or more of the 4 fiscal years immediately preceding the making of the application, in a business providing professional, technical or trade services, the applicant was directly engaged in the provision of the services, as distinct from the general direction of the operation of the business, for no more than half the time spent by the applicant from day to day in the conduct of the business.
	129.215	(1)	The applicant has notified the appropriate regional authority of a State or Territory of:
	(a)	the applicant's business history; and
	(b)	the applicant's intention to develop a business in that State or Territory.
	(2)	The applicant submits a notification on approved form 950 from that appropriate regional authority that the authority will consider sponsoring the applicant.
	(3)	The notification must:
	(a)	be signed by an officer of the appropriate regional authority who is authorised to sign a notification of that kind ; and
	(b)	bear the seal of the authority.
	129.216	The applicant genuinely has a realistic commitment, after entry to Australia as the holder of a subclass 129 visa:
	(a)	to either:
	(i)	establish an eligible business in Australia; or
	(ii)	participate in an existing eligible business in Australia; and
	(b)	to maintain a substantial ownership interest in that business; and
	(b)	to maintain direct and continuous involvement in management of that business from day to day and in making decisions that affect the overall direction and performance of the business in a manner that benefits the Australian economy.
	129.217	The applicant does not have a history of involvement in business activities that are of a nature that is not generally acceptable in Australia.
	129.218	The applicant signs a declaration in a form approved by the Minister that the applicant acknowledges the Government's requirements in relation to entry to Australia as the holder of a subclass 129 visa.
129.22	Criteria to be satisfied at time of decision
	129.221	The applicant continues to satisfy the criteria specified in clauses 129.211 to 129.217.
	129.222	(1)	The applicant's score on the business skills points test is not less than the number of points that is specified for the purposes of this paragraph by Gazette Notice.
	(2)	For the purposes of subclause (1):
	(a)	an applicant's score on the business skills points test is the sum of the applicant's scores under:
	(i)	Division 1.1 of Part 1 of Schedule 7; and
	(ii)	Parts 2, 3, 4 and 5 of that Schedule; and
	(b)	an applicant's score under a Division or Part of Schedule 7 is the number of points specified in that Division or Part in relation to the attribute described in the Division or Part that relates to the applicant:
	(i)	in the case of an attribute specified in Part 3 of Schedule 7-at the time when the application is decided; and
	(ii)	in the case of any other attribute-at the time when the application is made;
and if there is more than 1 attribute of that kind, the highest single number of points so specified; and
	(c)	in determining the score of an applicant under Part 4 of Schedule 7, only assets available for transfer, and capable of being transferred, to Australia within 2 years of grant of a business skills visa are to be taken into account.
	129.223	The applicant satisfies public interest criteria 4001 to 4006, 4009 and 4010.
	129.224	If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5003, 5005 and 5007 to 5010.
	129.225	(1)	Each member of the family unit of the applicant who is an applicant for a subclass 129 visa is a person who:
	(a)	satisfies public interest criteria 4001 to 4006, 4009 and 4010; and
	(b)	if the person has previously been in Australia, satisfies special return criteria 5001, 5003, 5005 and 5007 to 5010.
	(2)	Each member of the family unit of the applicant who is not an applicant for a subclass 129 visa is a person who:
	(a)	satisfies public interest criteria 4001 to 4004; and
	(b)	satisfies public interest criteria 4005 and 4006, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to those criteria.
129.226 If either:
	(a)	the family unit of the applicant includes a dependent child who made a combined application with the applicant; or
	(b)	a child who:
	(i)	is usually resident with the applicant; and
	(ii)	has not turned 18;
made a combined application with the applicant;
the Minister is satisfied that the grant of the subclass 129 visa to the child as a member of the family unit of the applicant would not prejudice the rights and interests of any other person who has custody or guardianship of, or access to, the child.
	129.227	(1)	The applicant gives the Minister an undertaking to sponsor the applicant (on approved form 949) from the appropriate regional authority.
	(2)	The undertaking must:
	(a)	be given by the same authority as the notification referred to in subclause 129.215 (2); and
	(b)	be signed by an officer of the authority who is authorised to sign an undertaking of that kind; and
	(c)	bear the seal of the authority; and
	(d)	be given to the Minister within 90 days after the Minister asks for it; and
	(e)	be the first undertaking of that kind given by the applicant to the Minister.
129.3	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]
129.31	Criteria to be satisfied at time of application
	129.311	The applicant is a member of the family unit of, and made a combined application with, a person who satisfies the primary criteria in subdivision 129.21.
	129.312	A sponsorship given in respect of the person who satisfies the primary criteria includes sponsorship of the applicant.
129.32	Criteria to be satisfied at time of decision
	129.321	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 129 visa.
	129.322	The applicant satisfies public interest criteria 4001 to 4006, 4009 and 4010.
	129.323	If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5003, 5005 and 5007 to 5010.
	129.324	If the applicant is the dependent child of a person who is a holder of a subclass 129 visa, the Minister is satisfied that the grant of the visa to the applicant would not prejudice the rights and interests of any other person who has custody or guardianship of, or access to, the applicant.
	129.325	The sponsorship referred to in 129.312 is approved by the Minister and is still in force.
129.4	CIRCUMSTANCES APPLICABLE TO GRANT
	129.411	The applicant must be outside Australia when the visa is granted.
[NOTE:	Charges: Any applicable charges under the Immigration (Education) Charge Act 1992 must be paid before the visa is granted.]
129.5	WHEN VISA IS IN EFFECT
	129.511	Permanent visa permitting the holder to travel to and enter Australia for a period of 4 years from the date of grant.
129.6	CONDITIONS
	129.611	First entry must be made before a date specified by the Minister for the purpose.
	129.612	Either or both of conditions 8502 and 8515 may be imposed.
129.7	WAY OF GIVING EVIDENCE
	129.711	Visa label affixed to a valid passport.
SUBCLASS 130-STATE/TERRITORY SPONSORED SENIOR EXECUTIVE
130.1	 INTERPRETATION
	130.111	In this Part:
"major business" means a business (other than a government business enterprise) the annual turnover of which was not less than the equivalent of AUD10,000,000 in each of any 2 of the 4 fiscal years immediately preceding the making of the application.
[NOTE:	"appropriate regional authority", "AUD", "eligible business", "fiscal year" and "ownership interest" are defined in regulation 1.03.]
130.2	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 secondary criteria.]
130.21	Criteria to be satisfied at time of application
	130.211	The applicant has overall had a successful business career.
	130.212	In any 2 of the 4 years immediately preceding the making of the application, the applicant:
	(a)	occupied a position in the 3 highest levels of the management structure of a major business; and
	(b)	was responsible for strategic policy development affecting a major component or a wide range of operations of that major business;
in each of those years.
	130.213	(1)	The applicant has notified an appropriate regional authority of a State or Territory of:
	(a)	the applicant's business history; and
	(b)	the applicant's intention to develop a business in that State or Territory.
	(2)	The applicant submits a notification, on approved form 950, from that appropriate regional authority stating that the authority will consider sponsoring the applicant.
	(3)	The notification :
	(a)	be signed by an officer of the authority who is authorised to sign a notification of that kind ; and
	(b)	bear the seal of the authority.
	130.214	The applicant genuinely has a realistic commitment, after entry to Australia as the holder of a subclass 130 visa:
	(a)	to either:
	(i)	establish an eligible business in Australia; or
	(ii)	participate in an existing eligible business in Australia; and
	(b)	to maintain a substantial ownership interest in that business; and
	(b)	to maintain direct and continuous involvement in management of that business from day to day and in making decisions that affect the overall direction and performance of the business in a manner that benefits the Australian economy.
	130.215	The applicant does not have a history of involvement in business activities that are of a nature that is not generally acceptable in Australia.
	130.216	The applicant signs a declaration in a form approved by the Minister that the applicant acknowledges the Government's requirements in relation to entry to Australia as the holder of a subclass 130 visa.
130.22	Criteria to be satisfied at time of decision
	130.221	The applicant continues to satisfy the criteria specified in clauses 130.221 to 130.215.
	130.222	(1)	The applicant's score on the business skills points test is not less than the number of points that is specified for the purposes of this clause by Gazette Notice.
	(2)	For the purposes of subclause (1):
	(a)	an applicant's score on the business skills points test is the sum of the applicant's scores under:
	(i)	Division 1.2 of Part 1 of Schedule 7; and
	(ii)	Parts 2,3 and 4 of that Schedule; and
	(b)	an applicant's score under a Division or Part of Schedule 7 is the number of points specified in that Division or Part in relation to the attribute described in the Division or Part that relates to the applicant:
	(i)	in the case of an attribute specified in Part 3 of Schedule 7-at the time when the application is decided; and
	(ii)	in the case of any other attribute-at the time when the application is made; and if there is more than 1 attribute of that kind, the highest single number of points so specified; and
	(c)	in determining the score of an applicant under Part 4 of Schedule 7, only assets available for transfer, and capable of being transferred, to Australia within 2 years after the date of the grant to the applicant of a subclass 130 visa are to be taken into account.
	130.223	The applicant satisfies public interest criteria 4001 to 4006, 4009 and 4010.
	130.224	If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5003, 5005 and 5007 to 5010.
130.225	(1)	Each member of the family unit of the applicant who is also an applicant for a subclass 130 visa is a person who:
	(a)	satisfies public interest criteria 4001 to 4006, 4009 and 4010; and
	(b)	if the person has previously been in Australia, satisfies special return criteria 5001, 5003, 5005 and 5007 to 5010
	(2)	Each member of the family unit of the applicant who is not an applicant for a subclass 130 visa is a person who:
	(a)	satisfies public interest criteria 4001 to 4004; and
	(b)	satisfies public interest criteria 4005 and 4006, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to those criteria.
	130.226	If either:
	(a)	the family unit of the applicant includes a dependent child who made a combined application with the applicant; or
	(b)	a child who:
	(i)	is usually resident with the applicant; and
	(ii)	has not turned 18;
made a combined application with the applicant;
the Minister is satisfied that the grant of the subclass 130 visa to the child as a member of the family unit of the applicant would not prejudice the rights and interests of any other person who has custody or guardianship of, or access to, the child.
	130.227	(1)	The applicant gives the Minister an undertaking to sponsor the applicant (on approved form 949) from the appropriate regional authority.
	(2)	The undertaking must:
	(a)	be given by the same authority as the notification referred to in subclause 130.215 (2); and
	(b)	be signed by an officer of the authority who is authorised to sign an undertaking of that kind; and
	(c)	bear the seal of the authority; and
	(d)	be given to the Minister within 90 days after the Minister asks for it; and
	(e)	be the first undertaking of that kind given by the applicant to the Minister.
130.3	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.]
130.31	Criteria to be satisfied at time of application
	130.311	The applicant is a member of the family unit of, and made a combined application with, a person who satisfies the primary criteria in subdivision 130.21.
	130.312	The sponsorship given in respect of the person who satisfies the primary criteria includes sponsorship of the applicant.
130.32	Criteria to be satisfied at time of decision
	130.321	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 130 visa.
	130.322	The applicant satisfies public interest criteria 4001 to 4006, 4009 and 4010.
	130.323	If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5003, 5005 and 5007 to 5010.
	130.324	If the applicant is the dependent child of a person who is a holder of a subclass 130 visa, the Minister is satisfied that the grant of the visa to the applicant would not prejudice the rights and interests of any other person who has custody or guardianship of, or access to, the applicant.
	130.325	The sponsorship referred to in 130.312 is approved by the Minister and is still in force.
130.4	CIRCUMSTANCES APPLICABLE TO GRANT
	130.411	The applicant must be outside Australia when the visa is granted.
[NOTE:	Charges: Any applicable charges under the Immigration (Education) Charge Act 1992 must be paid before the visa is granted.]
130.5	WHEN VISA IS IN EFFECT
	130.511	Permanent visa permitting the holder to travel to and enter Australia for a period of 4 years from the date of grant.
130.6	CONDITIONS
	130.611	First entry must be made before a date specified by the Minister for the purpose.
	130.612	Either or both of conditions 8502 and 8515 may be imposed.
130.7	WAY OF GIVING EVIDENCE
	130.711	Visa label affixed to a valid passport.
SUBCLASS 150-FORMER CITIZEN
150.1	INTERPRETATION
[NOTE:	No interpretation provisions specific to this Part.]
150.2	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.]
150.21	Criteria to be satisfied at the time of application
	150.211	The applicant:
	(a)	has lost Australian citizenship because of section 17 or subsection 23 (1) of the Australian Citizenship Act 1948 or section 20 of the Nationality and Citizenship Act 1948; and
	(b)	resided in Australia as an Australian citizen for an aggregate period of not less than 2 years; and
	(c)	either:
	(i)	has maintained business, cultural or personal ties with Australia; or
	(ii)	has family ties with Australia that are stronger than those with any other country.
	150.212	If the applicant lost Australian citizenship because of section 17 of the Australian Citizenship Act 1948, the applicant acquired citizenship of another country:
	(a)	to avoid significant hardship or detriment; or
	(b)	in circumstances where the applicant was compelled to acquire that citizenship; or
	(c)	being unaware that, by acquiring that citizenship, the applicant would lose Australian citizenship.
150.22	Criteria to be satisfied at time of decision
	150.221	The applicant satisfies public interest criteria 4001 to 4004 and 4007 to 4010.
	150.222	The applicant satisfies special return criteria 5001, 5003, 5005 and 5007 to 5010.
	150.223	(1)	Each member of the family unit of the applicant who is an applicant for a subclass 150 visa is a person who:
	(a)	satisfies public interest criteria 4001 to 4004 and 4007 to 4010; and
	(b)	if he or she has previously been in Australia, satisfies special return criteria 5001, 5003, 5005 and 5007 to 5010.
	(2)	Each member of the family unit of the applicant who is not an applicant for a subclass 150 visa is a person who:
	(a)	satisfies public interest criteria 4001 to 4004; and
	(b)	satisfies public interest criteria 4007 and 4008, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to those criteria.
	150.224	If either:
	(a)	the family unit of the applicant includes a dependent child who made a combined application with the applicant; or
	(b)	a child who:
	(i)	is usually resident with the applicant; and
	(ii)	has not turned 18; and
made a combined application with the applicant;
the Minister is satisfied that the grant of a subclass 150 visa to the child as a member of the family unit of the applicant would not prejudice the rights and interests of any other person who has custody or guardianship of, or access to, the child.
	150.226	If so requested by the Minister, an assurance of support in relation to the applicant has been given, and has been accepted by the Minister.
150.3	SECONDARY CRITERIA
[NOTE:	These criteria must be satisfied by applicants who are family unit members of a person who satisfies the primary criteria.]
150.31	Criteria to be satisfied at time of application
	150.311	The applicant is a member of the family unit of, and made a combined application with, a person who satisfies or has satisfied the primary criteria in subdivision 150.21.
150.32	Criteria to be satisfied at time of decision.
	150.321	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 150 visa.
	150.322	The applicant satisfies public interest criteria 4001 to 4004 and 4007 to 4010.
	150.323	If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5003, 5005 and 5007 to 5010.
	150.324	If an assurance of support is required in respect of the person who satisfies the primary criteria, either:
	(a)	the applicant is included in the assurance of support provided in relation to that person, and that assurance has been accepted by the Minister; or
	(b)	an assurance of support has been provided in relation to the applicant and has been accepted by the Minister.
	150.325	If the applicant is the dependent child of a person who is a holder of a subclass 150 visa, the Minister is satisfied that the grant of the visa to the applicant would not prejudice the rights and interests of any other person who has custody or guardianship of, or access to, the applicant.
150.4	CIRCUMSTANCES APPLICABLE TO GRANT
	150.411	The applicant must be outside Australia when the visa is granted.
[NOTE:	Charges: Any applicable charge under the Immigration (Education) Charge Act 1992 must be paid before the visa is granted.]
150.5	WHEN VISA IS IN EFFECT
150.511 Permanent visa permitting the holder to travel to and enter Australia for a period of 4 years from date of grant.
150.6	CONDITIONS
	150.611	First entry must be made by a date specified by the Minister for the purpose.
	150.612	Condition 8205 may be imposed.
150.7 WAY OF GIVING EVIDENCE
	150.711	Visa label affixed to a valid passport.
SUBCLASS 151-FORMER RESIDENT
151.1	INTERPRETATION
(NOTE:	No interpretation provisions specific to this Part.]
151.2	PRIMARY CRITERIA
[NOTE:	The primary criteria must be satisfied by at least one member of a family unit. Members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria.]
151.21	Criteria to be satisfied at the time of application
	151.211	The applicant:
	(a)	spent the greater part of his or her life before the age of 18 in the migration zone as an Australian permanent resident; and
	(b)	did not at any time acquire Australian citizenship; and
	(c)	has maintained business, cultural or personal ties with Australia.
151.22	Criteria to be satisfied at time of decision
	151.221	The applicant satisfies public interest criteria 4001 to 4006, 4009 and 4010.
	151.222	The applicant satisfies special return criteria 5001, 5003, 5005 and 5007 to 5010.
	151.223	If so requested by the Minister, an assurance of support in relation to the applicant has been given, and has been accepted by the Minister.
	151.224	(1)	Each member of the family unit of the applicant who is an applicant for a subclass 151 visa is a person who:
	(a)	satisfies public interest criteria 4001 to 4006, 4009 and 4010; and
	(b)	if she or he has previously been in Australia, satisfies special return criteria 5001, 5003, 5005 and 5007 to 5010.
	(2)	Each member of the family unit of the applicant who is not an applicant for a subclass 151 visa is a person who:
	(a)	satisfies public interest criteria 4001 to 4004; and
	(b)	satisfies public interest criteria 4005 and 4006, unless the Minister is satisfied that it would be unreasonable to require the person to undergo an assessment in relation to those criteria.
151.225 If either:
	(a)	the family unit of the applicant includes a dependent child who made a combined application with the applicant; or
	(b)	a child who:
	(i)	is usually resident with the applicant; and
	(ii)	has not turned 18;
made a combined application with the applicant;
the Minister is satisfied that the grant of a subclass 151 visa to the child as a member of the family unit of the applicant would not prejudice the rights and interests of any other person who has custody or guardianship of, or access to, the child.
151.3	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.]
151.31	Criteria to be satisfied at the time of application
	151.311	The applicant is a member of the family unit of, and made a combined application with, a person who satisfies the primary criteria in subdivision 151.21.
151.32	Criteria to be satisfied at the time of decision
	151.321	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 151 visa.
	151.322	The applicant satisfies public interest criteria 4001 to 4006, 4009 and 4010.
	151.323	If the applicant has previously been in the migration zone, the applicant satisfies special return criteria 5001, 5003, 5005 and 5007 to 5010.
	151.324	If an assurance of support is required in respect of the person who satisfies the primary criteria:
	(a)	the applicant is included in the assurance of support provided in relation to that person, and the assurance has been accepted by the Minister; or
	(b)	an assurance of support has been provided in relation to the applicant and has been accepted by the Minister.
	151.325	If the applicant is the dependent child of the person who is a holder of a subclass 151 visa, the Minister is satisfied that the grant of the visa to the child would not prejudice the rights and interests of any other person who has custody or guardianship of, or access to, the child.
151.4	CIRCUMSTANCES APPLICABLE TO THE GRANT
	151.411	The applicant must be outside Australia when the visa is granted.
[NOTE:	CHARGES:	Any applicable charge under the Immigration (Education) Charge Act 1992 must be paid before the visa is granted.]
151.5	WHEN VISA IS IN EFFECT
	151.511	Permanent visa permitting the holder to travel to, and enter, Australia within 4 years of grant.
151.6	CONDITIONS
	151.611	First entry must be made before a date specified by the Minister for the purpose.
	151.612	Condition 8205 may be imposed.
151.7	WAY OF GIVING EVIDENCE
	151.711	Visa label affixed to a valid passport.
SUBCLASS 152-FAMILY OF NEW ZEALAND CITIZEN
152.1	INTERPRETATION
[NOTE:	No interpretation provisions specific to this Part.]
152.2	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.]
152.21	Criteria to be satisfied at time of application
	152.211	The applicant:
	(a)	is not a New Zealand citizen; and
	(b)	is a member of the family unit of a New Zealand citizen who is either:
	(i)	the holder of a Special Category visa and is usually resident in Australia; or
	(ii)	on entry to Australia, will be the holder of a Special Category visa and intends to be usually resident in Australia.
152.22	Criteria to be satisfied at time of decision
	152.221	The applicant continues to satisfy the criteria set out in clause 152.211.
	152.222	The New Zealand citizen referred to in subclause 152.211 (b) satisfies public interest criteria 4001 to 4004 and 4007 to 4009.
	152.223	The applicant satisfies public interest criteria 4001 to 4006, 4009 and 4010.
	152.224	If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5003, 5005 and 5007 to 5010.
	152.225	If so requested by the Minister, an assurance of support in relation to the applicant has been given, and has been accepted by the Minister.
	152.226	(1)	Each member of the family unit of the applicant who is an applicant is a person who:
	(a)	satisfies public interest criteria 4001 to 4006, 4009 and 4010; and
	(b)	if he or she has previously been in Australia, satisfies special return criteria 5001, 5003, 5005 and 5007 to 5010.
	(2)	Each member of the family unit of the applicant who is not an applicant is a person who:
	(a)	satisfies public interest criteria 4001 to 4004; and
	(b)	satisfies public interest criteria 4005 and 4006, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to those criteria.
	152.227	If either:
	(a)	the family unit of the applicant includes a dependent child who made a combined application with the applicant; or
	(b)	a child who:
	(i)	is usually resident with the applicant; and
	(ii)	has not turned 18;
made a combined application with the applicant;
the Minister is satisfied that the grant of a subclass 152 visa to the child as a member of the family unit of the applicant would not prejudice the rights and interests of any other person who has custody or guardianship of, or access to, the child.
152.228	If the applicant has not turned 18, the Minister is satisfied that the grant of the visa would not prejudice the rights and interests of any person who has custody or guardianship of, or access to, the applicant.
152.3	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.]
152.31	Criteria to be satisfied at time of application
	152.311	The applicant is a member of the family unit of, and made a combined application with, an applicant who satisfies the primary criteria in subdivision 152.21.
152.32	Criteria to be satisfied at time of decision
	152.321	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 152 visa.
	152.322	The applicant satisfies public interest criteria 4001 to 4006, 4009 and 4010.
	152.323	If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5003, 5005 and 5007 to 5010.
	152.324	If an assurance of support is required in respect of the person who satisfies the primary criteria, either:
	(a)	the applicant is included in the assurance of support given in respect of that person and that assurance has been accepted by the Minister; or
	(b)	an assurance of support has been given in relation to the applicant, and has been accepted by the Minister.
	152.325	If the applicant is the dependent child of a person who is the holder of a subclass 152 visa, the Minister is satisfied that the grant of the visa to the applicant would not prejudice the rights and interests of any other person who has custody or guardianship of, or access to, the applicant.
152.4	CIRCUMSTANCES APPLICABLE TO GRANT
152.411	The applicant must be outside Australia when the visa is granted.
152.5	WHEN VISA IS IN EFFECT
152.511	Permanent visa permitting the holder to travel and enter Australia for a period of 4 years from the date of grant.
152.6	CONDITIONS
	152.611	First entry must be made before a date specified by the Minister for the purpose.
	152.612	Either or both of conditions 8515 and 8502 may be imposed.
152.7	WAY OF GIVING EVIDENCE
	152.71	Visa label affixed to a valid passport.
SUBCLASS 155-FIVE YEAR RETURN
155.1	INTERPRETATION
[NOTE:	No interpretation provisions specific to this Part.]
155.2	PRIMARY CRITERIA
[NOTE:	All applicants must meet the primary criteria.]
155.21	Criteria to be satisfied at time of application
	155.211	(1)	The applicant meets the requirements of subclause (2), (3) or (5).
	(2)	The applicant meets the requirements of this subclause if the applicant:
	(a)	is, or was immediately before going overseas, an Australian permanent resident; and
	(b)	was an Australian permanent resident for a period of, or periods that total, not less than 2 years in the period of 3 years immediately before the application for the visa.
	(3)	An applicant meets the requirement of this subclause if the applicant has been an Australian permanent resident at some time in the period of 5 years immediately before the application for the visa and is:
	(a)	a person who is employed outside Australia by:
	(i)	the Commonwealth, a State or a Territory; or
	(ii)	a Commonwealth, State or Territory authority; or
	(iii)	an organisation that has its principal office in Australia;
and the Minister is satisfied that the person was usually employed by that employer immediately before the person departed Australia; or
	(b)	a member of the family unit of a person referred to in paragraph (a); or
	(c)	a person who:
	(i)	has established, or is taking part in, a business in Australia that has done, or is likely to do, any of the following:
	(A)	create or maintain employment in Australia;
	(B)	introduce into Australia new or improved technology for the production of goods or the provision of services;
	(C)	produce goods, or provide services, in Australia for export;
	(D)	produce goods, or provide services to replace imported goods or services; and
	(ii)	is required to travel outside Australia in the interests of that business; or
	(d)	a person who:
	(i)	is a member of the same family unit (within the meaning of subclause (4)) as an Australian citizen; and
	(ii)	has accompanied, or is to accompany, the citizen overseas; or
	(e)	a person who is, or is to be, employed overseas by an international organisation to which the International Organizations (Privileges and Immunities) Act 1963 applies, within the meaning of subsection 3 (1) of that Act.
	(4)	For the purposes of paragraph (3) (d), a person is a member of the
same family unit as an Australian citizen if:
	(a)	that person is a member of the Australian citizen's family unit; or
	(b)	the Australian citizen is a member of that person's family unit; or
	(c)	that person and the Australian citizen are members of the family unit of a third person.
	(5)	An applicant meets the requirements of this subclause if:
	(a)	the applicant is, or was, the holder of a return visa, Class B granted under regulation 95 of the Migration (1989) Regulations as in force from 19 December 1989 to 16 September 1991 (inclusive); and
	(b)	by reason of the operation of paragraph 16 (4) (b) of the Migration (1989) Regulations, that visa expires, or expired, before the date on which it would have expired, apart from that paragraph.
(NOTE: Paragraph 16 (4) (b) of the Migration (1989) Regulations, as in force on 19 December 1989, provided that a return visa, Class B ceased to be valid on the day on which the passport to which it related expired, even if that day occurred before the end of the period for which the visa would otherwise have been valid. This limitation was removed on 17 September 1991.)
155.22	Criteria to be satisfied at time of decision
	155.221	If the application is made outside Australia, the applicant satisfies special return criterion 5001.
155.3	SECONDARY CRITERIA: Nil.
[NOTE:	All applicants must satisfy the primary criteria.]
155.4	CIRCUMSTANCES APPLICABLE TO GRANT
	155.411	If the application is made outside Australia, the applicant must be outside Australia at the time of grant.
	155.412	If the application is made in Australia, the applicant must be in Australia, but not in immigration clearance, at the time of grant.
155.5	WHEN VISA IS IN EFFECT
	155.511	Permanent visa permitting the holder to travel to and enter Australia:
	(a)	in the case of a visa granted to an applicant who meets the requirements of subclause 155.211 (5)-during the period from date of grant to the date on which the return visa, Class B referred to in paragraph 155.211 (5) (a) would have expired apart from the operation of paragraph 16 (4) (b) of the Migration (1989) Regulations; or
	(b)	in any other case-for:
	(i)	a period of 5 years from the date of grant; or
	(ii)	a shorter period determined by the Minister.
155.6	 CONDITIONS: Nil.
155.7	WAY OF GIVING EVIDENCE
	155.711	Visa label affixed to a valid passport.
SUBCLASS	156-ONE YEAR RETURN
156.1	INTERPRETATION
[NOTE:	No interpretation provisions specific to this Part.]
156.2	PRIMARY CRITERIA
[NOTE:	All applicants must satisfy the primary criteria.]
156.21	Criteria to be satisfied at time of application
	156.211	The applicant:
	(a)	is, or was immediately before going overseas, an Australian permanent resident; and
	(b)	was an Australian permanent resident for a period of, or periods that total, at least 1 year, but not more than 2 years, during the period of 3 years immediately before the application was made.
156.22	Criteria to be satisfied at time of decision
	156.221	If the application is made outside Australia, the applicant satisfies special return criterion 5001.
156.3 SECONDARY CRITERIA: Nil.
[NOTE:	All applicants must satisfy the primary criteria.]
156.4	CIRCUMSTANCES APPLICABLE TO GRANT
	156.411	If the application is made outside Australia, the applicant must be outside Australia at the time of grant.
	156.412	If the application is made in Australia, the applicant must be in Australia, but not in immigration clearance, at the time of grant.
156.5	WHEN VISA IS IN EFFECT
	156.511	Permanent visa permitting the holder to travel to and enter Australia for:
	(a)	a period of 1 year from the date of grant; or
	(b)	a shorter period determined by the Minister.
156.6	CONDITIONS: Nil.
156.7	WAY OF GIVING EVIDENCE
	156.711	Visa label affixed to a valid passport.
SUBCLASS 157-THREE MONTH RETURN
157.1	INTERPRETATION
[NOTE: 	There are no interpretation provisions specific to this Part.]
157.2	PRIMARY CRITERIA
[NOTE:	All applicants must satisfy the primary criteria.]
157.21	Criteria to be satisfied at time of application
	157.211	The applicant:
	(a)	is, or was immediately before going overseas, an Australian permanent resident; and
	(b)	was an Australian permanent resident for a period of, or periods that total, less than 1 year in the period of 3 years immediately before the application was made; and
	(c)	establishes substantial reasons for leaving and re-entering Australia.
	157.212	If the applicant has previously been granted and has used a subclass 157 visa, or a Class 157 visa under the Migration (1993) Regulations, to travel to Australia and that visa has expired, the applicant must have subsequently satisfied the criteria for the grant of a subclass 155 or156 visa, or a Class 155 or Class 156 visa under the Migration (1993) Regulations.
	157.213	If the applicant is outside Australia, the applicant has not been absent from Australia for more than 3 months continuously before making the application.
157.22	Criteria to be satisfied at time of decision
	157.221	If the application is made outside Australia, the applicant satisfies special return criterion 5001.
157.3	SECONDARY CRITERIA: Nil.
[NOTE:	All applicants must satisfy the primary criteria.]
157.4	CIRCUMSTANCES APPLICABLE TO GRANT
	157.411	If the application is made outside Australia, the applicant must be outside Australia at time of grant.
	157.412	If the application is made in Australia, the applicant must be in Australia, but not in immigration clearance, at time of grant.
157.5	WHEN VISA IS IN EFFECT
	157.511	Permanent visa permitting the holder to travel to and enter Australia for a period of 3 months from the date of grant.
157.6	CONDITIONS: Nil.
157.7	EVIDENCE OF GRANT
	157.711	Visa label affixed to a valid passport.
SUBCLASS	159-RESIDENT RETURN
159.1	INTERPRETATION
[NOTE:	There are no interpretation provisions specific to this Part.]
159.2	PRIMARY CRITERIA
[NOTE:	All applicants must satisfy the primary criteria.]
159.21	Criteria to be satisfied at time of application
	159.211	The applicant claims, but is unable to prove, that he or she was an Australian permanent residentimmediately before going overseas.
	159.212	If the applicant could prove that claim, the applicant would satisfy the criteria for the grant of a subclass 155, 156 or 157 visa.
	159.213	The applicant gives the Minister a written statement that satisfies the Minister that:
	(a)	the applicant has urgent and compelling reasons for travelling to Australia before proving the claim; and
	(b)	entry of the applicant to Australia before the claim is proved will not prejudice the interests of Australia; and
	(c)	there are reasonable grounds for believing that the claim can be proved.
159.22	Criteria to be satisfied at time of decision
159.221	There is no evidence that the applicant does not satisfy special return criteria 5001, 5003, 5005 and 5007 to 5010.
159.3	SECONDARY CRITERIA: Nil.
[NOTE:	All applicants must satisfy the primary criteria.]
159.4	CIRCUMSTANCES APPLICABLE TO GRANT
	159.411	The applicant must be outside Australia when the visa is granted.
159.5	WHEN VISA IS IN EFFECT
	159.511	Temporary visa permitting the holder to travel to and enter Australia once only within 3 months of grant and to remain in Australia for 3 months.
159.6	CONDITIONS
	159.611	The holder must travel to and enter Australia within 3 months of grant of the visa.
159.7	WAY OF GIVING EVIDENCE
	159.711	Visa label affixed to a valid passport.
SUBCLASS	200-REFUGEE
200.1	INTERPRETATION
[NOTE:	No interpretation provisions specific to this Part.]
200.2	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.]
200.21	Criteria to be satisfied at time of application
	200.211	The applicant is subject to persecution in the applicant's home country.
	200.212	The applicant is living in a country other than the applicant's home country.
200.22	Criteria to be satisfied at time of decision
	200.221	The applicant continues to satisfy the criteria in clauses 200.211 and 200.212.
	200.22	The Minister is satisfied that there are compelling reasons for giving special consideration to granting the applicant a permanent visa, having regard to:
	(a)	the degree of persecution to which the applicant is subject in the applicant's home country; and
	(b)	the extent of the applicant's connection with Australia; and
	(c)	whether or not there is any suitable country available, other than Australia, that can provide for the applicant's settlement and protection from persecution; and
	(d)	the capacity of the Australian community to provide for the permanent settlement of persons such as the applicant in Australia.
	200.223	The permanent settlement of the applicant in Australia would be consistent with the regional and global priorities of the Commonwealth in relation to the permanent settlement of persons in Australia on                                                                                                 humanitarian grounds.
	200.224	The Minister is satisfied that permanent settlement in Australia:
	(a)	is the appropriate course for the applicant; and
	(b)	would not be contrary to the interests of Australia.
	200.225	Grant of the visa would not result in either:
	(a)	the number of subclass 200 visas granted in a financial year exceeding the maximum number of subclass 200 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 200) 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.
	200.226	The applicant satisfies public interest criteria 4001 to 4004 and
4007 to 4010.
	200.227	If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5008 and 5009.
	200.228	If the family unit of the applicant includes a dependent child whose application was combined with the applicant's, the Minister is satisfied that the grant of the visa to the child would not prejudice the rights and interests of any other person who has custody or guardianship of, or access to, the child.
	200.229	(1)	Each member of the family unit of the applicant who is an applicant for a subclass 200 visa is a person who:
	(a)	satisfies public interest criteria 4001 to 4004 and 4007 to 4010; and
	(b)	if he or she has previously been in Australia, satisfies special return criteria 5001, 5008 and 5009.
	(2)	Each member of the family unit of the applicant who is not an applicant for a subclass 200 visa is a person who:
	(a)	satisfies public interest criteria 4001 to 4004; and
	(b)	satisfies public interest criteria 4007 and 4008, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to those criteria.
200.3	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.]
200.31	Criteria to be satisfied at time of application
	200.311	The applicant is a member of the family unit of, and made a combined application with, a person who satisfies or has satisfied the primary criteria in Subdivision 200.21.
200.32	Criteria to be satisfied at time of decision
	200.321	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 200 visa.
	200.322	If the applicant is the dependent child of a person who is the holder of a subclass 200 visa, the Minister is satisfied that the grant of the visa to the applicant would not prejudice the rights and interests of any other person who has custody or guardianship of, or access to, the applicant.
	200.323	The applicant:
	(a)	satisfies public interest criteria 4001 to 4004 and 4007 to 4010; and
	(b)	if he or she has previously been in Australia, satisfies special return criteria 5001, 5008 and 5009.
200.4	CIRCUMSTANCES APPLICABLE TO GRANT
	200.411	The applicant must be outside Australia when the visa is granted.
200.5	WHEN VISA IS IN EFFECT
	200.511	Permanent visa permitting the holder to travel to and enter Australia within 4 years of grant.
200.6	CONDITIONS
	200.611	Entry must be made before the date specified by the Minister for the purpose.
	200.612	Condition 8502 may be imposed.
200.7	WAY OF GIVING EVIDENCE
	200.711	Visa label affixed to a valid passport.
SUBCLASS 201	IN-COUNTRY SPECIAL HUMANITARIAN
201.1	INTERPRETATION
[NOTE:	No interpretation provisions specific to this Part.]
201.2	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.]
201.21	Criteria to be satisfied at time of application
	201.211	The applicant is subject to persecution in the applicant's home country.
	201.212	The applicant is living in the applicant's home country.
201.22	Criteria to be satisfied at time of decision
	201.221	The applicant continues to satisfy the criteria in clauses 201.211 and 201.212.
	201.222	The Minister is satisfied that there are compelling reasons for giving special consideration to granting to the applicant a permanent visa having regard to:
	(a)	the degree of persecution to which the applicant is subject in the applicant's home country; and
	(b)	the extent of the applicant's connection with Australia; and
	(c)	whether or not there is any suitable country available, other than Australia, that can provide for the applicant's settlement and protection from persecution; and
	(d)	the capacity of the Australian community to provide for the permanent settlement of persons such as the applicant in Australia.
	201.223	The permanent settlement of the applicant in Australia would be consistent with the regional and global priorities of the Commonwealth in relation to the permanent settlement of persons in Australia on humanitarian grounds.
	201.224	The Minister is satisfied that permanent settlement in Australia:
	(a)	is the appropriate course for the applicant; and
	(b)	would not be contrary to the interests of Australia.
	201.225	Grant of the visa would not result in either:
	(a)	the number of subclass 201 visas granted in a financial year exceeding the maximum number of subclass 201 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 201, 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.
	201.226	The applicant satisfies public interest criteria 4001 to 4004 and 4007 to 4010.
	201.227	If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5008 and 5009.
	201.228	If the family unit of the applicant includes a dependent child whose application was combined with the applicant's, the Minister is satisfied that the grant of the visa to the child would not prejudice the rights and interests of any other person who has custody or guardianship of, or access to, the child.
	201.229	(1)	Each member of the family unit of the applicant who is an applicant for a subclass 201 visa is a person who:
	(a)	satisfies public interest criteria 4001 to 4004 and 4007 to 4010; and
	(b)	if he or she has previously been in Australia, satisfies special return criteria 5001, 5008 and 5009.
	(2)	Each member of the family unit of the applicant who is not an applicant for a subclass 201 visa is a person who:
	(a)	satisfies public interest criteria 4001 to 4004; and
	(b)	satisfies public interest criteria 4007 and 4008, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to those criteria.
201.3	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.]
201.31	Criteria to be satisfied at time of application
	201.311	The applicant is a member of the family unit of, and made a combined application with, a person who satisfies or has satisfied the primary criteria in subdivision 201.21.
201.32	Criteria to be satisfied at time of decision
	201.321	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 201 visa.
	201.322	If the applicant is the dependent child of a person who is the holder of a subclass 201 visa, the Minister is satisfied that the grant of the visa to the applicant would not prejudice the rights and interests of any other person who has custody or guardianship of, or access to, the applicant.
	201.323	The applicant:
	(a)	satisfies public interest criteria 4001 to 4004 and 4007 to 4010; and
	(b)	if he or she has previously been in Australia, satisfies special return criteria 5001, 5008 and 5009.
201.4	CIRCUMSTANCES APPLICABLE TO GRANT
	201.411	The applicant must be outside Australia when the visa is granted.
201.5	WHEN VISA IS IN EFFECT
	201.511	Permanent visa permitting the holder to travel to and enter Australia within 4 years of grant.
201.6	CONDITIONS
	201.611	Entry must be made before the date specified by the Minister for the purpose.
	201.612	Condition 8502 may be imposed.
201.7	WAY OF GIVING EVIDENCE
	201.711	Visa label affixed to a valid passport.
SUBCLASS 202	GLOBAL SPECIAL HUMANITARIAN
202.1	INTERPRETATION
[NOTE:	"eligible New Zealand citizen" is defined in regulation 1.03. No interpretation provisions specific to this Part.]
202.2	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.]
202.21	Criteria to be satisfied at time of application
	202.211	The applicant is subject to substantial discrimination, amounting to gross violation of human rights, in the applicant's home country.
	202.212	The applicant is living in a country other than the applicant's home country.
202.22	Criteria to be satisfied at time of decision
	202.221	The applicant continues to satisfy the criteria in clauses 202.211 and 202.212.
	202.222	The Minister is satisfied that there are compelling reasons for giving special consideration to granting to the applicant a permanent visa, having regard to:
	(a)	the degree of discrimination to which the applicant is subject in the applicant's home country; and
	(b)	the extent of the applicant's connection with Australia; and
	(c)	whether or not there is any suitable country available, other than Australia, that can provide for the applicant settlement and protection from discrimination; and
	(d)	the capacity of the Australian community to provide for the permanent settlement of persons such as the applicant in Australia.
	202.223	The permanent settlement of the applicant in Australia would be consistent with the regional and global priorities of the Commonwealth in relation to the permanent settlement of persons in Australia on humanitarian grounds.
	202.224	The Minister is satisfied that permanent settlement in Australia:
	(a)	is the appropriate course for the applicant; and
	(b)	would not be contrary to the interests of Australia.
	202.225	The applicant is proposed for entry to Australia, in accordance with approved form 681, by:
	(a)	a person who is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen; or
	(b)	a body operating in Australia.
	202.226	Grant of the visa would not result in either:
	(a)	the number of subclass 202 visas granted in a financial year exceeding the maximum number of subclass 202 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 202, 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.
	202.227	(1)	The applicant satisfies public interest criteria 4001 to 4004 and 4007 to 4010.
	(2)	If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5008 and 5009.
	202.228	If the family unit of the applicant includes a dependent child whose application was combined with the applicant's, the Minister is satisfied that the grant of the visa to the child would not prejudice the rights and interests of any other person who has custody or guardianship of, or access to, the child.
	202.229	(1)	Each member of the family unit of the applicant who is anb applicant for a subclass 202 visa is a person who:
	(a)	satisfies public interest criteria 4001 to 4004 and 4007 to 4010; and
	(b)	if he or she has previously been in Australia, satisfies special return criteria 5001, 5008 and 5009.
	(2)	Each member of the family unit of the applicant who is not an applicant for a subclass 202 visa is a person who:
	(a)	satisfies public interest criteria 4001 to 4004; and
	(b)	satisfies public interest criteria 4007 and 4008, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to those criteria.
202.3	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.]
202.31	Criteria to be satisfied at time of application
	202.311	The applicant is a member of the family unit of, and made a combined application with, a person who satisfies or has satisfied the primary criteria in subdivision 202.21.
	202.312	The proposal made under clause 202.225 in respect of the relevant person who satisfies the primary criteria includes the applicant.
202.32	Criteria to be satisfied at time of decision
	202.321	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 202 visa.
	202.322	If the applicant is the dependent child of a person who is the holder of a subclass 202 visa, the Minister is satisfied that the grant of the visa to the applicant would not prejudice the rights and interests of any other person who has custody or guardianship of, or access to, the applicant.
	202.323	The applicant:
	(a)	satisfies public interest criteria 4001 to 4004 and 4007 to 4010; and
	(b)	if he or she has previously been in Australia, satisfies special return criteria 5001, 5008 and 5009.
202.4	 CIRCUMSTANCES APPLICABLE TO GRANT
	202.411	The applicant must be outside Australia when the visa is granted.
202.5 WHEN VISA IS IN EFFECT
	202.511	Permanent visa permitting the holder to travel to and enter Australia within 4 years of grant.
202.6	CONDITIONS
	202.611	Entry must be made before the date specified by the Minister for the purpose.
	202.612	Condition 8502 may be imposed.
202.7	WAY OF GIVING EVIDENCE
	202.711	Visa label affixed to a valid passport.
SUBCLASS 203	EMERGENCY RESCUE
203.1	INTERPRETATION
[NOTE:	No interpretation provisions specific to this Part.]
203.2	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.]
203.21	Criteria to be satisfied at time of application
	203.211	The applicant is subject to persecution in the applicant's home country, whether the applicant is living in the applicant's home country or in another country.
203.22	Criteria to be satisfied at time of decision
	203.221	The applicant continues to be subject to persecution in the applicant's home country.
	203.222	The Minister is satisfied that there are compelling reasons for giving special consideration to granting to the applicant a permanent visa, having regard to:
	(a)	the degree of persecution to which the applicant is subject in the applicant's home country; and
	(b)	the extent of the applicant's connection with Australia; and
	(c)	whether or not there is any suitable country available, other than Australia, that can provide for the applicant settlement and protection from persecution; and
	(d)	the capacity of the Australian community to provide for the permanent settlement of persons such as the applicant in Australia.
	203.223	The permanent settlement of the applicant in Australia would be consistent with the regional and global priorities of the Commonwealth in relation to the permanent settlement of persons in Australia on humanitarian grounds.
	203.224	The Minister is satisfied that:
	(a)	there are urgent and compelling reasons for the applicant to travel to Australia; and
	(b)	permanent settlement in Australia:
	(i)	is the appropriate course for the applicant; and
	(ii)	would not be contrary to the interests of Australia.
	203.225	Grant of the visa would not result in either:
	(a)	the number of subclass 203 visas granted in a financial year exceeding the maximum number of subclass 203 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 203, 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.
	203.226	The applicant satisfies public interest criteria 4001 to 4004 and 4007 to 4010.
	203.227	If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5008 and 5009.
	203.228	If the family unit of the applicant includes a dependent child whose application was combined with the applicant's, the Minister is satisfied that the grant of the visa to the child would not prejudice the rights and interests of any other person who has custody or guardianship of, or access to, the child.
	203.229	(1)	Each member of the family unit of the applicant who is an applicant for a subclass 203 visa is a person who:
	(a)	satisfies public interest criteria 4001 to 4004 and 4007 to 4010; and
	(b)	if he or she has previously been in Australia, satisfies special return criteria 5001, 5008 and 5009.
	(2)	Each member of the family unit of the applicant who is not an applicant for a subclass 203 visa is a person who:
	(a)	satisfies public interest criteria 4001 to 4004; and
	(b)	satisfies public interest criteria 4007 and 4008, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to those criteria.
203.3	SECONDARY CRITERIA
[NOTE:	These criteria must be satisfied by applicants who members of the family unit of a person who satisfies the primary criteria.]
203.31	Criteria to be satisfied at time of application
	203.311	The applicant is a member of the family unit of, and made a combined appplication with, a person who satisfies or has satisfied the primary criteria in subdivision 203.21.
203.32	Criteria to be satisfied at time of decision
	203.321	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 203 visa.
	203.322	If the applicant is the dependent child of a person who is the holder of a subclass 203 visa, the Minister is satisfied that the grant of the visa to the applicant would not prejudice the rights and interests of any other person who has custody or guardianship of, or access to, the applicant.
	203.323	The applicant:
	(a)	satisfies public interest criteria 4001 to 4004 and 4007 to 4010; and
	(b)	if he or she has previously been in Australia, satisfies special return criteria 5001, 5008 and 5009.
203.4	CIRCUMSTANCES APPLICABLE TO GRANT
	203.411	The applicant must be outside Australia when the visa is granted.
203.5 WHEN VISA IS IN EFFECT
	203.511	Permanent visa permitting the holder to travel to and enter Australia within 4 years of grant.
203.6	CONDITIONS
	203.611	Entry must be made before the date specified by the Minister for the purpose.
	203.612	Condition 8502 may be imposed.
203.7	WAY OF GIVING EVIDENCE
	203.711	Visa label affixed to a valid passport.
SUBCLASS 204	WOMAN AT RISK
204.1	INTERPRETATION
[NOTE:	No interpretation provisions specific to this Part.]
204.2	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.]
204.21	Criteria to be satisfied at time of application
	204.211	The applicant is a female person who is:
	(a)	subject to persecution; or
	(b)	registered as being of concern to the United Nations High Commissioner for Refugees.
204.212 The applicant is living in a country other than her home country.
204.22 Criteria to be satisfied at time of decision
	204.221	The applicant continues to satisfy the criteria in clauses 204.211 and 204.212.
	204.222	The Minister is satisfied that:
	(a)	the applicant does not have the protection of a male relative and is in danger of victimisation, harassment or serious abuse because of her sex; and
	(b)	permanent settlement in Australia:
	(i)	is the appropriate course for the applicant; and
	(ii)	would not be contrary to the interests of Australia.
	204.223	The permanent settlement of the applicant in Australia would be consistent with the regional and global priorities of the Commonwealth in relation to the permanent settlement of persons in Australia on humanitarian grounds.
	204.224	The Minister is satisfied that there are compelling reasons for giving special consideration to granting to the applicant a permanent visa, having regard to:
	(a)	the degree of persecution to which the applicant is subject in her home country; and
	(b)	the extent of the applicant's connection with Australia; and
	(c)	whether or not there is any suitable country available, other than Australia, that can provide for the applicant settlement and protection from persecution; and
	(d)	the capacity of the Australian community to provide for the permanent settlement of persons such as the applicant in Australia.
	204.225	Grant of the visa would not result in either:
	(a)	the number of subclass 204 visas granted in a financial year exceeding the maximum number of subclass 204 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 204 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.
	204.226	The applicant satisfies public interest criteria 4001 to 4004 and 4007 to 4010.
	204.227	If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5008 and 5009.
	204.228	If the family unit of the applicant includes a dependent child whose application was combined with the applicant's, the Minister is satisfied that the grant of the visa to the child would not prejudice the rights and interests of any other person who has custody or guardianship of, or access to, the child.
	204.229	(1)	Each member of the family unit of the applicant who is an applicant for a subclass 204 visa is a person who:
	(a)	satisfies public interest criteria 4001 to 4004 and 4007 to 4010; and
	(b)	if he or she has previously been in Australia, satisfies special return criteria 5001, 5008 and 5009.
	(2)	Each member of the family unit of the applicant who is not an applicant for a subclass 204 visa is a person who:
	(a)	satisfies public interest criteria 4001 to 4004; and
	(b)	satisfies public interest criteria 4007 and 4008, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to those criteria.
204.3	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.]
204.31	Criteria to be satisfied at time of application
	204.311 	The applicant is a member of the family unit of, and made a combined appplication with, a person who satisfies or has satisfied the primary criteria in subdivision 204.21.
204.32	Criteria to be satisfied at time of decision
	204.321	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 204 visa.
	204.322	If the applicant is the dependent child of a person who is the holder of a subclass 204 visa, the Minister is satisfied that the grant of the visa to the applicant would not prejudice the rights and interests of any other person who has custody or guardianship of, or access to, the applicant.
	204.323	The applicant:
	(a)	satisfies public interest criteria 4001 to 4004 and 4007 to 4010; and
	(b)	if he or she has previously been in Australia, satisfies special return criteria 5001, 5008 and 5009.
204.4	CIRCUMSTANCES APPLICABLE TO GRANT
	204.411	The applicant must be outside Australia when the visa is granted.
204.5 WHEN VISA IS IN EFFECT
	204.511	Permanent visa permitting the holder to travel to and enter Australia within 4 years of grant.
204.6 CONDITIONS
	204.611	Entry must be made before a date specified by the Minister for the purpose.
	204.612	Condition 8502 may be imposed.
204.7	WAY OF GIVING EVIDENCE
	204.711	Visa label affixed to a valid passport.
SUBCLASS 205-CAMP CLEARANCE
205.1	INTERPRETATION
[NOTE:	No interpretation provisions specific to this Part.]
205.2	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.]
205.21	Criteria to be satisfied at time of application
	205.211	The applicant is a citizen of the Socialist Republic of Vietnam.
	205.212	The applicant is living in a camp that is:
	(a)	maintained by the United Nations High Commissioner for Refugees or the Government of Hong Kong; and
	(b)	situated in Hong Kong, Thailand, Indonesia, Malaysia or the Philippines.
	205.213	The applicant arrived in the country where the camp is situated:
	(a)	if that country is Hong Kong-before 16 June 1988; or
	(b)	if that country is Thailand or Malaysia-before 14 March 1989; or
	(c)	if that country is Indonesia-before 17 March 1989; or
	(d)	if that country is the Philippines-before 21 March 1989.
205.22	Criteria to be satisfied at time of decision
	205.221	The Minister is satisfied that permanent settlement in Australia:
	(a)	is the appropriate course for the applicant; and
	(b)	would not be contrary to the interests of Australia.
	205.222	Grant of the visa would not result in either:
	(a)	the number of subclass 205 visas granted in a financial year exceeding the maximum number of subclass 205 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 205 visas, 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.
	205.223	The applicant satisfies public interest criteria 4001 to 4004 and 4007 to 4010.
	205.224	If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5003, 5005 and 5007 to 5009.
	205.225	If the family unit of the applicant includes a dependent child whose application was combined with the applicant's, the Minister is satisfied that the grant of the visa to the child would not prejudice the rights and interests of any other person who has custody or guardianship of, or access to, the child.
	205.226	(1)	Each member of the family unit of the applicant who is an applicant for a subclass 205 visa is a person who:
	(a)	satisfies public interest criteria 4001 to 4004 and 4007 to 4010; and
	(b)	if he or she has previously been in Australia, satisfies special return criteria 5001, 5003, 5005 and 5007 to 5009.
	(2)	Each member of the family unit of the applicant who is not an applicant for a subclass 205 visa is a person who:
	(a)	satisfies public interest criteria 4001 to 4004; and
	(b)	satisfies public interest criteria 4007 and 4008, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to those criteria.
205.3	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]
205.31	Criteria to be satisfied at the time of application
	205.311	The applicant is a member of the family unit of, and made a combined application with, a person who satisfies or has satisfied the primary criteria in subdivision 205.21.
205.32	Criteria to be satisfied at the time of decision
	205.321	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 205 visa.
	205.322	The applicant:
	(a)	satisfies public interest criteria 4001 to 4004 and 4007 to 4010; and
	(b)	if he or she has previously been in Australia, satisfies special return criteria 5001, 5003, 5005 and 5007 to 5009.
	205.323	If the applicant is the dependent child of a person who is the holder of a subclass 205 visa, the Minister is satisfied that the grant of the visa to the applicant would not prejudice the rights and interests of any other person who has custody or guardianship of, or access to, the applicant.
205.4	CIRCUMSTANCES APPLICABLE TO GRANT
	205.411	The applicant must be outside Australia when the visa is granted.
205.5	WHEN VISA IS IN EFFECT
	205.511	Permanent visa permitting the holder travel and entry to Australia within 4 years of grant.
205.6	CONDITIONS
	205.611	Entry must be made before the date specified by the Minister for the purpose.
	205.612	Condition 8502 may be imposed.
205.7	WAY OF GIVING EVIDENCE
	205.711	Visa label affixed to a valid passport.
SUBCLASS 208	-EAST TIMORESE IN PORTUGAL
208.1	INTERPRETATION
	208.111	(1)	For the purposes of this Part, "eligible New Zealand citizen" includes a person who, at all times between 1 September 1992 and 31 August 1994:
	(a)	was a New Zealand citizen; and
	(b)	was normally resident in Australia; and
	(c)	was an exempt non-citizen; and
	(d)	satisfied the requirements of subclauses (2) and (3).
	(2)	A person satisfies the requirements of this subclause if he or she is not a person who:
	(a)	has been convicted of a crime and sentenced to death or to imprisonment, for at least 1 year; or
	(b)	has been convicted of 2 or more crimes and sentenced to imprisonment, for periods that add up to at least 1 year if:
	(i)	any period concurrent with part of a longer period is disregarded; and
	(ii)	any periods not disregarded that are concurrent with each other are treated as 1 period;
whether or not:
	(iii)	the crimes were of the same kind; or
	(iv)	the crimes were committed at the same time; or
	(v)	the convictions were at the same time; or
	(vi)	the sentencings were at the same time; or
	(vii)	the periods were consecutive; or
	(c)	has been charged with a crime and either:
	(i)	found guilty of having committed the crime while of unsound mind; or
	(ii)	acquitted on the ground that the crime was committed while the person was of unsound mind;
	(d)	has been removed or deported from Australia or removed or deported from another country; or
	(e)	has been excluded from another country in the circumstances set out in regulation 7.12 of the Migration (1993) Regulations;
where "sentenced to imprisonment" includes ordered to be confined in a corrective institution.
	(3)	A person satisfies the requirements of this subclause if he or she is not a person who suffers from a disease or a physical or mental condition of a kind set out in regulation 7.11 of the Migration (1993) Regulations.
[NOTE:	"eligible New Zealand citizen" is defined in regulation 1.03.]
208.2	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.]
208.21	Criteria to be satisfied at time of application
	208.211	The applicant:
	(a)	was born in East Timor; and
	(b)	was living in Portugal on 30 April 1991; and
	(c)	lived continuously in Portugal from that date to the time of application.
	208.212	The Minister is satisfied that the usual place of residence of the applicant in 1975 was East Timor.
	208.213	The Minister is satisfied that, at the time of application, the applicant has better prospects of adapting to Australian society than to Portuguese society.
	208.214	The applicant has a parent, daughter, son, brother, sister, aunt, uncle, nephew or niece who:
	(a)	was an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen on 1 January 1992; and
	(b)	continues to be an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen; and
	(c)	is usually resident in Australia.
	208.215	(1)	The applicant has produced a written undertaking of the kind referred to in subclause (2) from an organisation that is accepted by the Minister as representing the East Timorese community in Australia.
	(2)	The undertaking is a written undertaking to the Minister that specifies assistance:
	(a)	that the organisation will provide to the applicant, and the applicant's dependants, after their entry to Australia; and
	(b)	that is acceptable to the Minister, having regard to the needs of the applicant in the period of 6 months following entry to Australia;
with regard to the following matters:
	(c)	food, clothing, accommodation and household goods;
	(d)	personal support;
	(e)	access to community and public services;
	(f)	obtaining employment;
	(g)	language interpretation and securing English language instruction;
	(h)	community involvement and self-reliance;
	(i)	reimbursing the Commonwealth for its costs (if any) in providing accommodation services to the applicant;
	(j)	in the case of an applicant who has been provided with accommodation by the Commonwealth, reporting to Immigration on progress in the settlement of the applicant.
208.22	Criteria to be satisfied at time of decision
	208.221	The Minister is satisfied that permanent settlement in Australia:
	(a)	is the appropriate course for the applicant; and
	(b)	would not be contrary to the interests of Australia.
	208.222	Grant of the visa would not result in either:
	(a)	the number of subclass 208 visas granted in a financial year exceeding the maximum number of subclass 208 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 208, 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.
	208.223	The applicant satisfies public interest criteria 4001 to 4004 and 4007 to 4010.
	208.224	If the applicant has previously been in Australia, the applicant
satisfies special return criteria 5001, 5003, 5005 and 5007 to 5009.
	208.225	If the family unit of the applicant includes a dependent child whose application was combined with the applicant's, the Minister is satisfied that the grant of the visa to the child would not prejudice the rights and interests of any other person who has custody or guardianship of, or access to, the child.
	208.226	(1)	Each member of the family unit of the applicant who is an applicant for a subclass 208 visa is a person who:
	(a)	satisfies public interest criteria 4001 to 4004 and 4007 to 4010; and
	(b)	if he or she has previously been in Australia, satisfies special return criteria 5001, 5003, 5005 and 5007 to 5009.
	(2)	Each member of the family unit of the applicant who is not an applicant for a subclass 208 visa is a person who:
	(a)	satisfies public interest criteria 4001 to 4004; and
	(b)	satisfies public interest criteria 4007 and 4008, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to those criteria.
	208.227	The Minister is satisfied that there are compelling reasons for giving special consideration to granting the applicant a visa.
208.3 SECONDARY CRITERIA
[NOTE:	These criteria must be satisfied by applicants who members of the family unit of a person who satisfies the primary criteria.]
208.31	Criteria to be satisfied at the time of application
	208.311	The applicant is a member of the family unit of, and made a combined application with, a person who satisfies or has satisfied the primary criteria in subdivision 208.21.
	208.312	The written undertaking made under clause 208.215 in respect of a person who is a member of the family unit of the applicant and satisfies the primary criteria includes the applicant.
208.32	Criteria to be satisfied at the time of decision
	208.321	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 208 visa.
	208.322	If the applicant is the dependent child of a person who is the holder of a subclass 208 visa, the Minister is satisfied that the grant of the visa to the applicant would not prejudice the rights and interests of any other person who has custody or guardianship of, or access to, the applicant.
	208.323	The applicant:
	(a)	satisfies public interest criteria 4001 to 4004 and 4007 to 4010; and
	(b)	if he or she has previously been in Australia, satisfies special return criteria 5001, 5003, 5005 and 5007 to 5009.
208.4	CIRCUMSTANCES APPLICABLE TO GRANT
	208.411	The applicant must be outside Australia when the visa is granted.
208.5	WHEN VISA IS IN EFFECT
	208.511	Permanent visa permitting the holder to travel to and enter Australia within 4 years of grant.
208.6	CONDITIONS
	208.611	First entry must be made before the date specified by the Minister for the purpose.
	208.612	Condition 8502 may be imposed.
208.7	WAY OF GIVING EVIDENCE
	208.711	Visa label affixed to a valid passport.
SUBCLASS 209-CITIZENS OF THE FORMER YUGOSLAVIA (DISPLACED PERSONS)
209.1	INTERPRETATION
	209.111	(1)	For the purposes of this Part, "eligible New Zealand citizen" includes a person who, at all times between 1 September 1992 and 31 August 1994:
	(a)	was a New Zealand citizen; and
	(b)	was normally resident in Australia; and
	(c)	was an exempt non-citizen; and
	(d)	satisfied the requirements of subclauses (2) and (3).
	(2)	A person satisfies the requirements of this subclause if he or she is not a person who:
	(a)	has been convicted of a crime and sentenced to death or to imprisonment, for at least 1 year; or
	(b)	has been convicted of 2 or more crimes and sentenced to imprisonment, for periods that add up to at least 1 year if:
	(i)	any period concurrent with part of a longer period is disregarded; and
	(ii)	any periods not disregarded that are concurrent with each other are treated as 1 period;
whether or not:
	(iii)	the crimes were of the same kind; or
	(iv)	the crimes were committed at the same time; or
	(v)	the convictions were at the same time; or
	(vi)	the sentencings were at the same time; or
	(vii)	the periods were consecutive; or
	(c)	has been charged with a crime and either:
	(i)	found guilty of having committed the crime while of unsound mind; or
	(ii)	acquitted on the ground that the crime was committed while the person was of unsound mind;
	(d)	has been removed or deported from Australia or removed or deported from another country; or
	(e)	has been excluded from another country in the circumstances set out in regulation 7.12 of the Migration (1993) Regulations;
where "sentenced to imprisonment" includes ordered to be confined in a corrective institution.
	(3)	A person satisfies the requirements of this subclause if he or she is not a person who suffers from a disease or a physical or mental condition of a kind set out in regulation 7.11 of the Migration (1993) Regulations.
[NOTE: 	eligible New Zealand citizen" is defined in regulation 1.03.]
209.2	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.]
209.21	Criteria to be satisfied at the time of application
	209.211	The applicant is:
	(a)	a person who:
	(i)	was, on 19 June 1991, a citizen of the Socialist Federal Republic of Yugoslavia; and
	(ii)	is usually resident in a place that, on 19 June 1991, formed part of the Socialist Federal Republic of Yugoslavia; or
	(b)	a person who:
	(i)	was born on or after 20 June 1991; and
	(ii)	is a dependent child of a person mentioned in paragraph (a).
	209.212	The applicant is registered as a displaced person by the United Nations High Commissioner for Refugees, the International Committee of the Red Cross or an organisation that is accepted by the Minister:
	(a)	as an affiliate of that Committee; or
	(b)	as having similar objectives and functions as the Committee or a body referred to in paragraph (a) in relation to conflict in the former Socialist Federal Republic of Yugoslavia.
	209.213	The applicant has a parent, daughter, son, brother, sister, aunt, uncle, nephew or niece (in this clause called a "near relative") who:
	(a)	was an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen on 1 January 1992; and
	(b)	continues to be an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen; and
	(c)	is usually resident in Australia; and
	(d)	gives a written undertaking to the Minister that specifies assistance:
	(i)	that the near relative will provide to the applicant, and the applicant's dependants, after their entry to Australia; and
	(ii)	that is acceptable to the Minister, having regard to the needs of the applicant in the period of 6 months following entry to Australia;
with regard to the following matters:
	(iii)	food, clothing, accommodation and household goods;
	(iv)	personal support;
	(v)	access to community and public services;
	(vi)	obtaining employment;
	(vii)	language interpretation and securing English language instruction;
	(viii)	community involvement and self-reliance.
	209.214	The Minister is satisfied that the applicant has a well-founded fear of substantial discrimination because of the applicant's ancestry or ethnic or religious affiliation.
	209.215	The Minister is satisfied that the applicant is unable to resume living in the applicant's former home.
209.22	Criteria to be satisfied at time of decision
	209.221	The applicant continues to satisfy the criteria in clauses 209.214 and 209.215.
	209.222	The Minister is satisfied that permanent settlement in Australia:
	(a)	is the appropriate course for the applicant; and
	(b)	would not be contrary to the interests of Australia.
	209.223	Grant of the visa would not result in either:
	(a)	the number of subclass 209 visas granted in a financial year exceeding the maximum number of subclass 209 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 209) 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.
	209.224	The applicant satisfies public interest criteria 4001 to 4004 and 4007 to 4010.
	209.225	If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5003, 5005 and 5007 to 5009.
	209.226	(1)	Each member of the family unit of the applicant who is an applicant for a subclass 209 visa is a person who:
	(a)	satisfies public interest criteria 4001 to 4004 and 4007 to 4010; and
	(b)	if he or she has previously been in Australia, satisfies special return criteria 5001, 5003, 5005 and 5007 to 5009.
	(2)	Each member of the family unit of the applicant who is not an applicant for a subclass 209 visa is a person who:
	(a)	satisfies public interest criteria 4001 to 4004; and
	(b)	satisfies public interest criteria 4007 and 4008, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to those criteria.
	209.227	If the family unit of the applicant includes a dependent child whose application was combined with the applicant's, the Minister is satisfied that the grant of the visa to the child would not prejudice the rights and interests of any other person who has custody of, or access to, the child.
	209.228	The Minister is satisfied that there are compelling reasons for giving special consideration to granting the applicant a visa.
209.3	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.]
209.31	Criteria to be satisfied at time of application
	209.311	The applicant is a member of the family unit of, and made a combined application with, a person who satisfies or has satisfied the primary criteria in subdivision 209.21.
	209.312	(1)	The undertaking, made under clause 209.213 in respect of a person who is a member of the family unit of the applicant and satisfies the primary criteria, includes the applicant.
209.32 Criteria to be satisfied at time of decision
	209.321	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 209 visa.
	209.322	The applicant:
	(a)	satisfies public interest criteria 4001 to 4004 and 4007 to 4010; and
	(b)	if he or she has previously been in Australia, satisfies special re-entry criteria 5001, 5003, 5005 and 5007 to 5009.
209.323 If the applicant is the dependent child of a person who is the holder of a subclass 209 visa, the Minister is satisfied that the grant of the visa to the applicant would not prejudice the rights and interests of any other person who has custody or guardianship of, or access to, the applicant.
209.4	CIRCUMSTANCES APPLICABLE TO GRANT
	209.411	The applicant must be outside Australia when the visa is granted.
209.5	WHEN VISA IS IN EFFECT
	209.511	Permanent visa, permitting the holder to travel to and enter Australia within 4 years of grant.
209.6	CONDITIONS
	209.611	Entry must be made before the date specified by the Minister for the purpose.
	209.612	Condition 8502 may be imposed.
209.7	WAY OF GIVING EVIDENCE
	209.711	Visa label affixed to a valid passport.
SUBCLASS 210-MINORITIES OF FORMER USSR
210.1	INTERPRETATION
	210.111	(1)	For the purposes of this Part, "eligible New Zealand citizen" includes a person who, at all times between 1 September 1992 and 31 August 1994:
	(a)	was a New Zealand citizen; and
	(b)	was normally resident in Australia; and
	(c)	was an exempt non-citizen; and
	(d)	satisfied the requirements of subclauses (2) and (3).
	(2)	A person satisfies the requirements of this subclause if he or she
is not a person who:
	(a)	has been convicted of a crime and sentenced to death or to imprisonment, for at least 1 year; or
	(b)	has been convicted of 2 or more crimes and sentenced to imprisonment, for periods that add up to at least 1 year if:
	(i)	any period concurrent with part of a longer period is disregarded; and
	(ii)	any periods not disregarded that are concurrent with each other are treated as 1 period;
whether or not:
	(iii)	the crimes were of the same kind; or
	(iv)	the crimes were committed at the same time; or
	(v)	the convictions were at the same time; or
	(vi)	the sentencings were at the same time; or
	(vii)	the periods were consecutive; or
	(c)	has been charged with a crime and either:
	(i)	found guilty of having committed the crime while of unsound mind; or
	(ii)	acquitted on the ground that the crime was committed while the person was of unsound mind;
	(d)	has been removed or deported from Australia or removed or deported from another country; or
	(e)	has been excluded from another country in the circumstances set out in regulation 7.12 of the Migration (1993) Regulations;
where "sentenced to imprisonment" includes ordered to be confined in a corrective institution.
	(3)	A person satisfies the requirements of this subclause if he or she is not a person who suffers from a disease or a physical or mental condition of a kind set out in regulation 7.11 of the Migration (1993) Regulations.
[NOTE:	If there is more than 1 applicant for a visa of this Subclass in a family, at least 1 of those applicants must satisfy the primary criteria. Members of his or her family unit need satisfy only the secondary criteria. If 1 person in a family already holds a visa of this Subclass, members of his or her family unit need satisfy only the secondary criteria.]
[NOTE:	"eligible New Zealand citizen" is defined in regulation 1.03.]
210.2	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.]
210.21	Criteria to be satisfied at time of application
	210.211	The applicant was a citizen of the former Union of Soviet Socialist Republics.
	210.212	The applicant is usually resident in the former Union of Soviet Socialist Republics.
	210.213	The applicant has a parent, daughter, son, brother, sister, aunt, uncle, nephew or niece who:
	(a)	was an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen on 1 January 1992; and
	(b)	continues to be an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen; and
	(c)	is usually resident in Australia.
	210.214	The Minister is satisfied that the applicant has suffered substantial discrimination or severe distress because of his or her ancestry or religious affiliation.
	210.215	The Federation of Australian Jewish Welfare Societies or an organisation that is accepted by the Minister as representing the Molokan community in Australia:
	(a)	states in writing to the Minister that it supports the application and
	(b)	gives a written undertaking to the Minister that specifies assistance:
	(i)	that the body will provide to the applicant, and the applicant's dependants, after their entry to Australia; and
	(ii)	that is acceptable to the Minister, having regard to the needs of the applicant in the period of 6 months following the applicant's entry into Australia;
with regard to the following matters:
	(iii)	food, clothing, accommodation and household goods;
	(iv)	personal support;
	(v)	access to community and public services;
	(vi)	obtaining employment;
	(vii)	language interpretation and securing English language instruction;
	(viii)	community involvement and self-reliance;
	(ix)	reimbursing the Commonwealth for its costs (if any) in providing accommodation services to the applicant;
	(x)	in the case of an applicant who has been provided with accommodation by the Commonwealth - reporting to Immigration on progress in the settlement of the applicant.
210.22	Criteria to be satisfied at time of decision
	210.221	The applicant continues to satisfy the criterion set out in clause 210.214.
	210.222	The Minister is satisfied that permanent settlement in Australia:
	(a)	is the appropriate course for the applicant; and
	(b)	would not be contrary to the interests of Australia.
	210.223	Grant of the visa would not result in either:
	(a)	the number of subclass 210 visas granted in a financial year exceeding the maximum number of subclass 210 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 210) 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.
	210.224	The applicant satisfies public interest criteria 4001 to 4004, 4007 to 4010.
	210.225	If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5003, 5005 and 5007 to 5009.
	210.226	(1)	Each member of the family unit of the applicant who is an applicant for a subclass 210 visa is a person who:
	(a)	satisfies public interest criteria 4001 to 4004 and 4007 to 4010; and
	(b)	if he or she has previously been in Australia, satisfies special return criteria 5001, 5003, 5005 and 5007 to 5009.
	(2)	Each member of the family unit of the applicant who is not an applicant for a subclass 210 visa is a person who:
	(a)	satisfies public interest criteria 4001 to 4004; and
	(b)	satisfies public interest criteria 4007 and 4008, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to those criteria.
	210.227	If the family unit of the applicant includes a dependent child whose application was combined with the applicant's, the Minister is satisfied that the grant of the visa to the child would not prejudice the rights and interests of any other person who has custody of guardianship of, or access to, the child.
	210.228	The Minister is satisfied that there are compelling reasons for giving special consideration to granting the applicant a visa.
210.3	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.]
210.31	Criteria to be satisfied at time of application
	210.311	The applicant is a member of the family unit of, and made a combined application with, a person who satisfies or has satisfied the primary criteria in subdivision 210.21.
	210.312	The written undertaking made under paragraph 210.215 (b), in respect of a person who is a member of the same family unit as the applicant satisfies the primary criteria includes the applicant.
210.32	Criteria to be satisfied at time of decision
	210.321	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 210 visa.
	210.322	The applicant:
	(a)	satisfies public interest criteria 4001 to 4004 and 4007 to 4010; and
	(b)	if he or she has previously been in Australia, satisfies special return criteria 5001, 5003, 5005 and 5007 to 5009.
	210.323	If the applicant is the dependent child of a person who is the holder of a subclass 210 visa, the Minister is satisfied that the grant of the visa to the applicant would not prejudice the rights and interests of any other person who has custody or guardianship of, or access to, the applicant.
210.4	CIRCUMSTANCES APPLICABLE TO GRANT
	210.411	The applicant must be outside Australia when the visa is granted.
210.5	WHEN VISA IS IN EFFECT
	210.511	Permanent visa, permitting the holder to travel to and enter Australia within 4 years of grant.
210.6	CONDITIONS
	210.611	Entry must be made before the date specified by the Minister for the purpose.
	210.612	Condition 8502 may be imposed.
210.7	WAY OF GIVING EVIDENCE
	210.711	Visa label affixed to a valid passport.
SUBCLASS 211-BURMESE IN BURMA
211.1	INTERPRETATION
	211.111	(1)	For the purposes of this Part, "eligible New Zealand citizen" includes a person who, at all times between 1 September 1992 and 31 August 1994:
	(a)	was a New Zealand citizen; and
	(b)	was normally resident in Australia; and
	(c)	was an exempt non-citizen; and
	(d)	satisfied the requirements of subclauses (2) and (3).
	(2)	A person satisfies the requirements of this subclause if he or she is not a person who:
	(a)	has been convicted of a crime and sentenced to death or to imprisonment, for at least 1 year; or
	(b)	has been convicted of 2 or more crimes and sentenced to imprisonment, for periods that add up to at least 1 year if:
	(i)	any period concurrent with part of a longer period is disregarded; and
	(ii)	any periods not disregarded that are concurrent with each other are treated as 1 period;
whether or not:
	(iii)	the crimes were of the same kind; or
	(iv)	the crimes were committed at the same time; or
	(v)	the convictions were at the same time; or
	(vi)	the sentencings were at the same time; or
	(vii)	the periods were consecutive; or
	(c)	has been charged with a crime and either:
	(i)	found guilty of having committed the crime while of unsound mind; or
	(ii)	acquitted on the ground that the crime was committed while the person was of unsound mind;
	(d)	has been removed or deported from Australia or removed or deported from another country; or
	(e)	has been excluded from another country in the circumstances set out in regulation 7.12 of the Migration (1993) Regulations;
where "sentenced to imprisonment" includes ordered to be confined in a corrective institution.
	(3)	A person satisfies the requirements of this subclause if he or she is not a person who suffers from a disease or a physical or mental condition of a kind set out in regulation 7.11 of the Migration (1993) Regulations.
[NOTE:	"eligible New Zealand citizen" is defined in regulation 1.03.]
211.2	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.]
211.21	Criteria to be satisfied at time of application.
	211.212	The applicant is:
	(a)	a citizen of Burma; and
	(b)	resident in Burma; and
	(c)	subject to substantial discrimination in Burma.
	211.213	(1)	The applicant has produced a written undertaking of the kind specified in subclause (2) from:
	(a)	an organisation that is accepted by the Minister as representing the Burmese community in Australia; or
	(b)	an established Community Refugee Settlement Scheme support group.
	(2)	The undertaking is a written undertaking to the Minister that
specifies assistance:
	(a)	that the organisation will provide to the applicant after the applicant's entry to Australia; and
	(b)	that is acceptable to the Minister, having regard to the needs of the applicant in the period of 6 months following entry to Australia;
with regard to the following matters:
	(c)	food, clothing, accommodation and household goods;
	(d)	personal support;
	(e)	access to community and public services;
	(f)	obtaining employment;
	(g)	language interpretation and securing English language instruction;
	(h)	community involvement and self-reliance;
	(i)	reimbursing the Commonwealth for its costs (if any) in providing accommodation services to the applicant;
	(j)	in the case of an applicant who has been provided with accommodation by the Commonwealth-reporting to Immigration on progress in the settlement of the applicant.
211.22	Criteria to be satisfied at time of decision
	211.221	The Minister is satisfied that permanent settlement in Australia:
	(a)	is the appropriate course for the applicant; and
	(b)	would not be contrary to the interests of Australia.
	211.222	(1)	If the applicant has relevant family links in Australia, grant of the visa would not result in the number of subclass 211 visas granted to applicants with relevant family ties exceeding the maximum number of subclass 211 visas specified, by Gazette Notice, for the purposes of this subclause in respect of that financial year.
	(2)	If the applicant does not have relevant family links in Australia, approval of the application would not result in the number of subclass 211 visas granted to applicants without relevant family links in Australia exceeding the maximum number of subclass 211 visas specified, by Gazette Notice, for the purposes of this subclause in respect of that financial year.
	(3)	For the purposes of this clause, an applicant has relevant family links in Australia if the applicant has a parent, daughter, son, brother, sister, aunt, uncle, nephew or niece who:
	(a)	was an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen on 1 July 1992; and
	(b)	continues to be an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen; and
	(c)	is usually resident in Australia.
	211.223	The applicant satisfies public interest criteria 4001 to 4004 and 4007 to 4010.
	211.224	If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5003, 5005 and 5007 to 5010.
	211.225	(1)	Each member of the family unit of the applicant who is an applicant for a subclass 211 visa is a person who:
	(a)	satisfies public interest criteria 4001 to 4004 and 4007 to 4010; and
	(b)	if he or she has previously been in Australia, satisfies special return criteria 5001, 5003, 5005 and 5007 to 5010.
	(2)	Each member of the family unit of the applicant who is not an applicant for a subclass 211 visa is a person who:
	(a)	satisfies public interest criteria 4001 to 4004; and
	(b)	satisfies public interest criteria 4007 and 4008, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to those criteria.
	211.226	If the family unit of the applicant includes a dependent child whose application was combined with the applicant's, the Minister is satisfied that the grant of the visa to the child would not prejudice the rights and interests of any other person who has custody or guardianship of, or access to, the child.
	211.227	The Minister is satisfied that there are compelling reasons for giving special consideration to granting the applicant a visa.
211.3	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]
211.31	Criteria to be satisfied at the time of application
	211.311	The applicant is a member of the family unit of, and made a combined application with, a person who satisfies or has satisfied the primary criteria in subdivision 211.21.
	211.312	The written undertaking made under clause 211.213 in respect of a person who is a member of the same family unit as the applicant, and who satisfies the primary criteria, includes the applicant.
211.32	Criteria to be satisfied at the time of decision
	213.321	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 211 visa.
	211.323	The applicant:
	(a)	satisfies public interest criteria 4001 to 4004 and 4007 to 4010; and
	(b)	if he or she has previously been in Australia, satisfies special return criteria 5001, 5003, 5005 and 5007 to 5009.
	211.324	If the applicant is the dependent child of a person who is the holder of a subclass 211 visa, the Minister is satisfied that the grant of the visa to the applicant would not prejudice the rights and interests of any other person who has custody or guardianship of, or access to, the applicant.
211.4	CIRCUMSTANCES APPLICABLE TO GRANT
	211.411	The applicant must be outside Australia when the visa is granted.
211.5 WHEN VISA IS IN EFFECT
	211.511	Permanent visa, permitting the holder to travel to and enter Australia within 4 years of grant.
211.6	CONDITIONS
	211.611	First entry must be made before the date specified by the Minister for the purpose.
	211.612	Condition 8502 may be imposed.
211.7	WAY OF GIVING EVIDENCE
	211.711	Visa label affixed to a valid passport.
SUBCLASS 212-SUDANESE
212.1	INTERPRETATION
	212.111	(1)	For the purposes of this Part, "eligible New Zealand citizen" includes a person who, at all times between 1 September 1992 and 31 August 1994:
	(a)	was a New Zealand citizen; and
	(b)	was normally resident in Australia; and
	(c)	was an exempt non-citizen; and
	(d)	satisfied the requirements of subclauses (2) and (3).
	(2)	A person satisfies the requirements of this subclause if he or she is not a person who:
	(a)	has been convicted of a crime and sentenced to death or to imprisonment, for at least 1 year; or
	(b)	has been convicted of 2 or more crimes and sentenced to imprisonment, for periods that add up to at least 1 year if:
	(i)	any period concurrent with part of a longer period is disregarded; and
	(ii)	any periods not disregarded that are concurrent with each other are treated as 1 period;
whether or not:
	(iii)	the crimes were of the same kind; or
	(iv)	the crimes were committed at the same time; or
	(v)	the convictions were at the same time; or
	(vi)	the sentencings were at the same time; or
	(vii)	the periods were consecutive; or
	(c)	has been charged with a crime and either:
	(i)	found guilty of having committed the crime while of unsound mind; or
	(ii)	acquitted on the ground that the crime was committed while the person was of unsound mind;
	(d)	has been removed or deported from Australia or removed or deported from another country; or
	(e)	has been excluded from another country in the circumstances set out in regulation 7.12 of the Migration (1993) Regulations;
where "sentenced to imprisonment" includes ordered to be confined in a corrective institution.
	(3)	A person satisfies the requirements of this subclause if he or she is not a person who suffers from a disease or a physical or mental condition of a kind set out in regulation 7.11 of the Migration (1993) Regulations.
[NOTE:	"eligible New Zealand citizen" is defined in regulation 1.03.]
212.2	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.]
212.21	Criteria to be satisfied at time of application
	212.211	The applicant is a citizen of the Republic of Sudan.
	212.212	The Minister is satisfied that the applicant has suffered substantial discrimination or severe distress because of his or her ethnic or religious affiliation.
	212.213	The applicant has a parent, daughter, son, brother, sister, aunt, uncle, nephew or niece (in this clause called "the near relative"), who:
	(a)	was an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen on 1 January 1992; and
	(b)	continues to be an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen; and
	(c)	is usually resident in Australia; and
	(d)	gives a written undertaking to the Minister that specifies assistance:
	(i)	that the near relative will provide to the applicant, and the applicants dependents after their entry to Australia; and
	(ii)	that is acceptable to the Minister, having regard to the needs of the applicant in the period of 6 months following the applicant's entry to Australia;
with regard to the following matters:
	(iii)	food, clothing, accommodation and household goods;
	(iv)	personal support;
	(v)	access to community and public services;
	(vi)	obtaining employment;
	(vii)	language interpretation and securing English language instruction;
	(viii)	community involvement and self-reliance.
212.22	Criteria to be satisfied at time of decision
	212.221	The Minister is satisfied that there are compelling reasons for giving special consideration to granting the applicant a visa.
	212.222	The Minister is satisfied that:
	(a)	the applicant has not effectively become re-established elsewhere; and
	(b)	permanent settlement in Australia:
	(i)	is the appropriate course for the applicant; and
	(ii)	would not be contrary to the interests of Australia.
	212.223	Grant of the visa would not result in either:
	(a)	the number of subclass 212 visas granted in a financial year exceeding the maximum number of subclass 212 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 212, 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.
	212.224	The applicant satisfies public interest criteria 4001 to 4004 and 4007 to 4010.
	212.225	If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5003, 5005, and 5007 to 5009.
	212.226	(1)	Each member of the family unit of the applicant who is an applicant for a subclass 212 visa is a person who:
	(a)	satisfies public interest criteria 4001 to 4004 and 4007 to 4010; and
	(b)	if he or she has previously been in Australia, satisfies special return criteria 5001, 5003, 5005 and 5007 to 5009.
	(2)	Each member of the family unit of the applicant who is not an applicant for a subclass 212 visa is a person who:
	(a)	satisfies public interest criteria 4001 to 4004; and
	(b)	satisfies public interest criteria 4007 and 4008, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to those criteria.
	212.227	If the family unit of the applicant includes a dependent child whose application was combined with the applicant's, the Minister is satisfied that the grant of the visa to the child would not prejudice the rights and interests of any other person who has custody or guardianship of, or access to, the child.
212.3	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]
212.31	Criteria to be satisfied at time of application
	212.311	The applicant is a member of the family unit of, and made a combined application with, a person who satisfies or has satisfied the primary criteria in subdivision 212.21.
	212.312	(1)	The written undertaking required under clause 212.213 in respect of a person who is a member of the same family unit as the applicant; and who satisfies the primary criteria, includes the applicant.
212.32	Criteria to be satisfied at time of decision
	212.321	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 212 visa.
	212.322	The applicant:
	(a)	satisfies public interest criteria 4001 to 4004 and 4007 to 4010; and
	(b)	if he or she has previously been in Australia, satisfies special return criteria 5001, 5003, 5005 and 5007 to 5009.
	212.323	If the applicant is the dependent child of a person who is the holder of a subclass 212 visa, the Minister is satisfied that the grant of the visa to the applicant would not prejudice the rights and interests of any other person who has custody or guardianship of, or access to, the applicant.
212.4	CIRCUMSTANCES APPLICABLE TO GRANT
	212.411	The applicant must be outside Australia when the visa is granted.
212.5	WHEN VISA IS IN EFFECT
	212.511	Permanent visa, permitting the holder to travel to and enter Australia within 4 years of grant.
212.6	CONDITIONS
	212.611	Entry must be made before the date specified by the Minister for the purpose.
	212.612	Condition 8502 may be imposed.
212.7	WAY OF GIVING EVIDENCE
	212.711	Visa label affixed to a valid passport.
SUBCLASS 213-BURMESE IN THAILAND
213.1	INTERPRETATION
[NOTE:	No interpretation provisions specific to this Part.]
213.2	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.]
213.21	Criteria to be satisfied at time of application
	213.212	The applicant is:
	(a)	a citizen of Burma; and
	(b)	resident in Thailand; and
	(c)	subject to substantial discrimination in Burma.
	213.213	(1)	The applicant has produced a written undertaking of the kind described in subclause (2) from:
	(a)	an organisation that is accepted by the Minister as representing the Burmese community in Australia; or
	(b)	an established Community Refugee Settlement Scheme support group.
	(2)	The undertaking is a written undertaking given to the Minister that
specifies assistance:
	(a)	that the organisation will provide to the applicant, and the applicant's dependants, after their entry to Australia; and
	(b)	that is acceptable to the Minister, having regard to the needs of the applicant and his or her dependants in the period of 6 months following entry to Australia;
with regard to the following matters:
	(c)	food, clothing, accommodation and household goods;
	(d)	personal support;
	(e)	access to community and public services;
	(f)	obtaining employment;
	(g)	language interpretation and securing English language instruction;
	(h)	community involvement and self-reliance;
	(i)	reimbursing the Commonwealth for its costs (if any) in providing accommodation services to the applicant;
	(j)	in the case of an applicant who has been provided with accommodation by the Commonwealth-reporting to Immigration on progress in the settlement of the applicant.
213.22	Criteria to be satisfied at time of decision
	213.221	The Minister is satisfied that permanent settlement in Australia:
	(a)	is the appropriate course for the applicant; and
	(b)	would not be contrary to the interests of Australia.
	213.222	Grant of the visa would not result in the number of subclass 213 visas granted in a financial year exceeding the maximum number of subclass 213 visas specified, by Gazette Notice, for the purposes of this clause in respect of that financial year.
	213.223	The applicant satisfies public interest criteria 4001 to 4004 and 4007 to 4010.
	213.224	If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5003, 5005 and 5007 to 5009.
	213.225	(1)	Each member of the family unit of the applicant who is an applicant for a subclass 213 visa is a person who:
	(a)	satisfies public interest criteria 4001 to 4004 and 4007 to 4010; and
	(b)	if he or she has previously been in Australia, satisfies special return criteria 5001, 5003, 5005 and 5007 to 5009.
	(2)	Each member of the family unit of the applicant who is not an applicant for a subclass 213 visa is a person who:
	(a)	satisfies public interest criteria 4001 to 4004; and
	(b)	satisfies public interest criteria 4007 and 4008, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to those criteria.
	213.226	If the family unit of the applicant includes a dependent child whose application was combined with the applicant's, the Minister is satisfied that the grant of the visa to the child would not prejudice the rights and interests of any other person who has custody or guardianship of, or access to, the child.
	213.227	The Minister is satisfied that there are compelling reasons for giving special consideration to granting the applicant a visa.
213.3 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.]
213.31	Criteria to be satisfied at the time of application
	213.311	The applicant is a member of the family unit of, and made a combined application with, a person who satisfies or has satisfied the primary criteria in subdivision 213.21.
	213.312	The undertaking made under clause 213.213 in respect of the person who is a member of the same family unit as the applicants, and who satisfies the primary criteria, includes the applicant.
213.32	Criteria to be satisfied at the time of decision
	213.321	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 213 visa.
	213.323	The applicant:
	(a)	satisfies public interest criteria 4001 to 4004 and 4007 to 4010; and
	(b)	if he or she has previously been in Australia, satisfies special return criteria 5001, 5003, 5005 and 5007 to 5009.
	213.324	If the applicant is the dependent child of a person who is the holder of a subclass 213 visa, the Minister is satisfied that the grant of the visa to the applicant would not prejudice the rights and interests of any other person who has custody or guardianship of, or access to, the applicant.
213.4	CIRCUMSTANCES APPLICABLE TO GRANT
	213.411	The applicant must be outside Australia when the visa is granted.
213.5	WHEN VISA IS IN EFFECT
	213.511	Permanent visa, permitting the holder to travel to and enter Australia within 4 years of grant.
213.6	CONDITIONS
	213.611	First entry must be made before the date specified by the Minister for the purpose.
	213.612	Condition 8502 may be imposed.
213.7	WAY OF GIVING EVIDENCE
	213.711	Visa label affixed to a valid passport.
SUBCLASS 214-CAMBODIAN
214.1	INTERPRETATION
	214.111	(1)	For the purposes of this Part, "eligible New Zealand citizen" includes a person who, at all times between 1 September 1992 and 31 August 1994:
	(a)	was a New Zealand citizen; and
	(b)	was normally resident in Australia; and
	(c)	was an exempt non-citizen; and
	(d)	satisfied the requirements of subclauses (2) and (3).
	(2)	A person satisfies the requirements of this subclause if he or she is not a person who:
	(a)	has been convicted of a crime and sentenced to death or to imprisonment, for at least 1 year; or
	(b)	has been convicted of 2 or more crimes and sentenced to imprisonment, for periods that add up to at least 1 year if:
	(i)	any period concurrent with part of a longer period is disregarded; and
	(ii)	any periods not disregarded that are concurrent with each other are treated as 1 period;
whether or not:
	(iii)	the crimes were of the same kind; or
	(iv)	the crimes were committed at the same time; or
	(v)	the convictions were at the same time; or
	(vi)	the sentencings were at the same time; or
	(vii)	the periods were consecutive; or
	(c)	has been charged with a crime and either:
	(i)	found guilty of having committed the crime while of unsound mind; or
	(ii)	acquitted on the ground that the crime was committed while the person was of unsound mind;
	(d)	has been removed or deported from Australia or removed or deported from another country; or
	(e)	has been excluded from another country in the circumstances set out in regulation 7.12 of the Migration (1993) Regulations;
where "sentenced to imprisonment" includes ordered to be confined in a corrective institution.
	(3)	A person satisfies the requirements of this subclause if he or she is not a person who suffers from a disease or a physical or mental condition of a kind set out in regulation 7.11 of the Migration (1993) Regulations.
[NOTE:	"eligible New Zealand citizen" is defined in regulation 1.03.]
214.2	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.]
214.21	Criteria to be satisfied at time of application
214.211		(1)	The applicant:
	(a)	is usually a resident of Cambodia and is experiencing hardship in Cambodia as a result of upheavals in that country over recent years; and
	(b)	has close links with Australia.
	(2)	For the purposes of subclause (1), an applicant has close links with Australia if:
	(a)	the applicant has a parent, daughter, son, sister, brother, aunt,
uncle, niece or nephew who:
	(i)	was an Australian citizen, an Australian permanent resident, or an eligible New Zealand citizen on 1 October 1993; and
	(ii)	continues to be an Australian citizen, Australian permanent resident or eligible New Zealand citizen; and
	(iii)	is usually resident in Australia; or
	(b)	the applicant:
	(i)	arrived in Australia by boat, without a visa or other authority, between 28 November 1989 and 26 April 1991; and
	(ii)	before that arrival was usually a resident of Cambodia; and
	(iii)	was in detention under the Act for most of his or her stay in Australia; and
	(iv)	subsequently returned to Cambodia.
	214.212	The applicant has produced a written undertaking of the kind described in subclause (2) from:
	(a)	a person mentioned in paragraph 214.211 (2); or
	(b)	a community organisation; or
	(c)	another group in Australia that is accepted by the Minister as having close links to the applicant.
	(2)	The undertaking is an undertaking or to the Minister that specifies assistance:
	(a)	that the person, organisation or group will provide to the applicant, and the applicant's dependants, after their entry to Australia; and
	(b)	that is acceptable to the Minister, having regard to the needs of the applicant and his or her dependants in the period of 6 months following entry to Australia;
with regard to the following matters:
	(c)	food, clothing, accommodation and household goods;
	(d)	personal support;
	(e)	access to community and public services;
	(f)	obtaining employment;
	(g)	language interpretation and securing English language instruction;
	(h)	community involvement and self-reliance;
	(i)	reimbursing the Commonwealth for its costs (if any) in providing accommodation services to the applicant;
	(j)	in the case of an applicant who has been provided with accommodation by the Commonwealth - reporting to Immigration on progress in the settlement of the applicant.
214.22	Criteria to be satisfied at time of decision
	214.221	The Minister is satisfied that permanent settlement in Australia:
	(a)	is the appropriate course for the applicant; and
	(b)	would not be contrary to the interests of Australia.
	214.222	The applicant, and each member of the family unit of the applicant born before the lodging of the application who is also an applicant for a subclass 214 visa, has been resident in Cambodia for a period of 12 months immediately before the time of decision.
	214.224	Grant of the visa would not result in the number of subclass 214 visas granted in a financial year exceeding the maximum number of subclass 214 visas specified, by Gazette Notice, for the purposes of this clause in respect of that financial year.
	214.225	The applicant satisfies public interest criteria 4001 to 4004 and 4007 to 4010.
	214.226	If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5003, 5005 and 5007 to 5010.
	214.227	(1)	Each member of the family unit of the applicant who is an applicant for a subclass 214 visa is a person who:
	(a)	satisfies public interest 4001 to 4004 and 4007 to 4010; and
	(b)	if he or she has previously been in Australia, satisfies special return criteria 5001, 5003, 5005 and 5007 to 5009.
	(2)	Each member of the family unit of the applicant who is not an applicant for a subclass 214 visa is a person who:
	(a)	satisfies public interest criteria 4001 to 4004; and
	(b)	satisfies public interest criteria 4007 and 4008, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to those criteria.
	214.228	If the family unit of the applicant includes a dependent child whose application was combined with the applicant's, the Minister is satisfied that the grant of the visa to the child would not prejudice the rights and interests of any other person who has custody or guardianship of, or access to, the child.
	214.229	The Minister is satisfied that there are compelling reasons for giving special consideration to granting the applicant a visa.
214.3	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.]
214.31	Criteria to be satisfied at the time of application
	214.311	The applicant is a member of the family unit of, and made a combined application with, a person who satisfies or has satisfied the primary criteria in subdivision 214.21.
	214.312	The undertaking, made under clause 214.212 in respect of a person who is a member of the same family unit as the applicant; and who satisfies the primary criteria, includes the applicant.
214.32	Criteria to be satisfied at the time of decision
	214.321	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 214 visa.
	214.322	Each member of the family unit of the applicant who was born before the lodging of the application, who is also an applicant for a subclass 214 visa, has been resident in Cambodia for a period of 12 months immediately before the time of decision.
	214.323	The applicant:
	(a)	satisfies public interest criteria 4001 to 4004 and 4007 to 4010;and
	(b)	if he or she has previously been in Australia, satisfies special return criteria 5001, 5003, 5005 and 5007 to 5009.
	214.324	If the applicant is the dependent child of a person who is the holder of a subclass 214 visa, the Minister is satisfied that the grant of the visa to the applicant would not prejudice the rights and interests of any other person who has custody or guardianship of, or access to, the applicant.
214.4	CIRCUMSTANCES APPLICABLE TO GRANT
	214.411	The applicant must be outside Australia when the visa is granted.
214.5	WHEN VISA IS IN EFFECT
	214.511	Permanent visa, permitting the holder to travel to and enter Australia within 4 years of grant.
214.6	CONDITIONS
	214.611	First entry must be made before the date specified by the Minister for the purpose.
	214.612	Condition 8502 may be imposed.
214.7	WAY OF GIVING EVIDENCE
	214.711	Visa label affixed to a valid passport.
SUBCLASS 300-PROSPECTIVE MARRIAGE
300.1	INTERPRETATION
	300.111	In this Part:
"prospective spouse" means the Australian citizen, Australian permanent resident or eligible New Zealand citizen referred to in clause 300.211;
"the parties" means the applicant and the prospective spouse.
[NOTE:	"eligible New Zealand citizen", "guardian" and "parent" are defined in regulation 1.03.]
300.2	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.]
300.21	Criteria to be satisfied at time of application
	300.211	The applicant intends to marry a person who is:
	(a)	an Australian citizen; or
	(b)	an Australian permanent resident; or
	(c)	an eligible New Zealand citizen.
	300.212	There is no impediment to the marriage in Australian law.
	300.213	The applicant is sponsored by:
	(a)	if the prospective spouse has turned 18-the prospective spouse; or
	(b)	if the prospective spouse has not turned 18-a person who:
	(i)	is:
	(A)	an Australian citizen; or
	(B)	an Australian permanent resident; or
	(C)	an eligible New Zealand citizen; and
	(ii)	is a parent or guardian of the prospective spouse; and
	(iii)	has turned 18.
	300.214	Unless the marriage has been arranged in accordance with traditional custom observed by the family of either or both of the parties, the parties are known to each other personally.
	300.215	The applicant establishes:
	(a)	that the parties genuinely intend to marry; and
	(b)	that the marriage is to take place not later than 6 months after the expected date of first arrival of the applicant in Australia.
	300.216	The Minister is satisfied that the parties intend to live in a genuine and continuing marital relationship.
300.22	Criteria to be satisfied at time of decision
	300.221	The applicant continues to satisfy the criteria specified in clauses 300.211 to 300.212 and 300.214 to 300.216.
	300.222 The sponsorship of the applicant under clause 300.213 has been approved by the Minister and is still in force.
	300.223	The applicant satisfies public interest criteria 4001 to 4004 and 4007 to 4010.
	300.224	If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5003, 5005 and 5007 to 5010.
	300.225	If so requested by the Minister, an assurance of support in relation to the applicant has been given, and has been accepted by the Minister.
	300.226	(1)	Each member of the family unit of the applicant who is an applicant is a person who:
	(a)	satisfies public interest criteria 4001 to 4004 and 4007 to 4010; and
	(b)	if the person has previously been in Australia, satisfies special return criteria 5001, 5003, 5005 and 5007 to 5010.
	(2)	Each member of the family unit of the applicant who is not an applicant is a person who:
	(a)	satisfies public interest criteria 4001 to 4004; and
	(b)	satisfies public interest criteria 4007 and 4008, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to those criteria.
	300.227	If either:
	(a)	the family unit of the applicant includes a dependent child who made a combined application with the applicant; or
	(b)	a child who:
	(i)	is usually resident with the applicant; and
	(ii)	has not turned 18;
made a combined application with the applicant;
the Minister is satisfied that the grant of a subclass 300 visa to the child as a family unit member of the applicant would not prejudice the rights and interests of any other person who has custody or guardianship of, or access to, the child.
300.3	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.]
300.31	Criteria to be satisfied at time of application
	300.311	The applicant is a member of the family unit of, and made a combined application with, a person who satisfies the primary criteria in clauses 300.211 to 300.212 and 300.214 to 300.216.
	300.312	The sponsorship referred to in clause 300.213 in respect of the person who satisfies the primary criteria includes sponsorship of the applicant.
300.32	Criteria to be satisfied at time of decision
	300.321	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 300 visa.
	300.322	The sponsorship referred to in clause 300.312 has been approved by the Minister and is still in force.
	300.323	The applicant satisfies public interest criteria 4001 to 4004 and 4007 to 4010.
	300.324	If the applicant has previously been in Australia, the applicant satisfies the special return criteria 5001, 5003, 5005 and 5007 to 5010.
	300.325	If an assurance of support is required in respect of the person who satisfies the primary criteria, either:
	(a)	the applicant is included in the assurance of support given in respect of that person and that assurance has been accepted by the Minister; or
	(b)	an assurance of support has been given in relation to the applicant, and has been accepted by the Minister.
	300.326	If the applicant is a dependent child of a person who is a holder of a subclass 300 visa, the Minister is satisfied that the grant of the visa to the applicant would not prejudice the rights and interests of any person who has custody or guardianship of, or access to, the applicant.
300.4	CIRCUMSTANCES APPLICABLE TO GRANT
	300.411	The applicant must be outside Australia when the visa is granted.
300.5	WHEN VISA IS IN EFFECT
	300.511	Temporary visa permitting the holder to travel to, enter and remain in Australia until the date specified by the Minister for the purpose.
300.6	CONDITIONS
	300.611	First entry must be made before a date specified by the Minister for the purpose.
	300.612	If the applicant satisfies the primary criteria, conditions 8515 and 8519.
	300.613	If the applicant satisfies the primary criteria, condition 8502 may be imposed.
	300.614	If the applicant satisfies the secondary criteria, condition 8520.
	300.615	If the applicant satisfies the secondary criteria, either or both of conditions 8515 and 8502 may be imposed.
300.7	WAY OF GIVING EVIDENCE
300.71	Visa label affixed to a valid passport.
SUBCLASS 302-EMERGENCY (PERMANENT VISA APPLICANT)
302.1	INTERPRETATION
	302.111	In this Part:
"principal visa", in relation to an applicant for a subclass 302 visa, means the visa for which he or she originally applied;
"remaining criteria" in relation to an applicant for, or holder of, a subclass 302 visa, means the public interest criteria applicable to the class of permanent entry visa for which the applicant originally applied that have not been satisfied at the time of his or her application for a subclass 302 visa.
302.2 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.]
302.21 Criteria to be satisfied at time of application
	302.211	(1)	If the application is made outside Australia:
	(a)	the principal visa is a permanent visa of a class for which applications must be made outside Australia; and
	(b)	the applicant has satisfied all of the criteria for the grant of the principal visa other than the remaining criteria.
[NOTE:	One of the primary criteria for the grant of a permanent visa is that all members of the family unit satisfy the relevant public interest criteria. Therefore, the applicant who must satisfy the primary criteria for the permanent visa can satisfy those criteria only if he or she and all members of the family unit satisfy the remaining criteria.]
	302.212	If the applicant is in Australia, the applicant is the holder of a subclass 302 visa, and has not yet satisfied the remaining criteria.
302.22 Criteria to be satisfied at time of decision
302.221 The applicant continues to satisfy the criterion in clause 302.211.
	302.222	If the application is made outside Australia, the Minister is satisfied that the applicant has urgent and compelling reasons for travelling to Australia before the remaining criteria have been satisfied.
	302.223	If the application is made in Australia, the Minister is satisfied that it was not possible for the applicant to satisfy the remaining criteria before the expiry of the period specified in the subclass 302 visa held by the applicant.
	302.224	If the application is made in Australia, the Minister is satisfied that it would be unreasonable to require the person to leave Australia.
	302.225	The Minister is satisfied that it is likely that the remaining criteria will be satisfied by the applicant and all members of the applicant's family unit after entry to Australia or during a further period of temporary stay in Australia.
	302.226	The Minister is satisfied that the entry to, or continued stay in Australia of, the applicant before the remaining criteria have been satisfied would not be contrary to the interests of Australia.
302.3	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.)
302.31	Criteria to be satisfied at time of application
	302.311	The applicant is a member of the family unit of, and has made a combined application with, a person who satisfies or has satisfied the primary criteria in subdivision 302.21.
	302.312	If the application is made in Australia, the applicant has substantially complied with the conditions to which the visa held by the applicant was granted.
302.32	Criteria to be satisfied at time of decision
	302.321	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 302 visa.
	302.322	If the application is lodged outside Australia:
	(a)	the principal visa is a permanent visa of a class for whichapplications must be lodged outside Australia; and
	(b)	the applicant:
	(i)	has satisfied all criteria for the grant of that visa; or
	(ii)	has satisfied all criteria for the grant of that visa other than the remaining criteria.
	302.323	If the applicant is the dependent child of a person who is the holder of a subclass 302 visa, the Minister is satisfied that the grant of the visa to the applicant would not prejudice the rights and interests of any other person who has custody or guardianship of, or access to, the applicant.
302.4	CIRCUMSTANCES APPLICABLE TO GRANT
	302.411	If the application is made outside Australia, the applicant must be outside Australia at time of grant.
	302.412	If the application is made in Australia, the applicant must be in the migration zone at time of grant.
302.5	WHEN VISA IS IN EFFECT
	302.511	Temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister for the purpose.
302.6	CONDITIONS
	302.611	Condition 8301 or 8302 may be imposed.
	302.612	Any other condition may be imposed that could be applied to the principal visa.
302.7	WAY OF GIVING EVIDENCE
	302.711	Visa label affixed to a valid passport.
SUBCLASS 303-EMERGENCY
303.1	INTERPRETATION
	303.111	 In this Part:
"principal visa", in relation to an applicant for a subclass 303 visa, means the visa referred to in paragraph 303.212 (a); and
"remaining criteria", in relation to an applicant for a subclass 303 visa, means the criteria referred to in paragraph 303.212 (b) as not having been satisfied.
303.2	PRIMARY CRITERIA
(NOTE: The primary criteria must be satisfied by at least one member of a family unit. Members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria.)
303.21	Criteria to be satisfied at time of application
	303.211	The applicant is not an Australian permanent resident.
	303.212	The applicant:
	(a)	is an applicant for a Business (Temporary), Cultural/Social (Temporary), Educational (Temporary), Expatriate, Family Relationship, Interdependency, Retirement, Supported Dependent, Working Holiday, Domestic Worker, or Student (Temporary) visa; and
	(b)	has satisfied all of the criteria for the grant of that visa other than:
	(i)	public interest criteria; or
	(ii)	criteria that can be satisfied only after the applicant has entered Australia.
	303.213	If the application is made in the migration zone the applicant is either:
	(a)	the holder of a subclass 303 visa; or
	(b)	not the holder of a substantive visa and:
	(i)	the last substantive visa held was of a kind specified in paragraph (a); and
	(ii)	the applicant satisfies whichever of schedule 6 criteria 6004, 6005 and 6006 applies to the principal visa.
303.22	Criteria to be satisfied at time of decision
	303.221	(1)	The applicant seeks, by request to the Minister in accordance with subclause (2), to travel to Australia before the remaining criteria have been satisfied.
	(2)	The request referred to in subclause (1):
	(a)	must be in writing; and
	(b)	must include a written statement of the applicant's urgent and compelling reasons for travelling to Australia before the remaining criteria have been satisfied.
3	03.222	The Minister, on consideration of the request referred to in clause 303.221, is satisfied that the applicant has urgent and compelling reasons for travelling to Australia before the remaining criteria are satisfied for the purposes of granting the principal visa.
	303.223	The Minister is satisfied that the applicant's entry to Australia before the remaining criteria have been satisfied would not be contrary to the interests of Australia.
	303.224	The Minister is satisfied that the applicant is reasonably likely to satisfy the remaining criteria for the purposes of granting the principal visa after the applicant's entry to Australia.
	303.225	If the application was made outside Australia and the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5003, 5005 and 5007 to 5009.
	303.226	If the application was made in the migration zone:
	(a)	the applicant establishes that it was not possible to satisfy the remaining criteria before the visa that he or she holds ceases; and
	(b)	the applicant applies to remain in Australia in circumstances where the remaining criteria have not been satisfied; and
	(c)	the Minister is satisfied that it would be unreasonable to require the applicant to leave Australia.
303.3	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.]
303.31	Criteria to be satisfied at time of application
	303.311	The applicant is a member of the family unit of a person who has applied for a subclass 303 visa.
	303.312	If the application is made outside Australia and the application is made separately from that of the person satisfying the primary criteria:
	(a)	the person satisfying the primary criteria 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 the person satisfying the primary criteria.
	303.313	If the application is made in the migration zone the applicant has complied substantially with the conditions that apply to:
	(a)	any visa held by the applicant ; or
	(b)	any visa held by the applicant before becoming an unlawful non-citizen.
303.32	Criteria to be met at time of decision
	303.321	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 303 visa.
	303.322	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, taking into account the working rights of both that person and the applicant.
	303.323	The applicant:
	(a)	in all cases, satisfies public interest criteria 4001 to 4005; and
	(b)	in the case of an applicant who seeks to stay in Australia for 12 months or more, satisfies public interest criterion 4010.
	303.324	If the application is made outside Australia and if the applicant has previously been in Australia, satisfies special return criteria 5001, 5003, 5005 and 5007 to 5009.
303.4	CIRCUMSTANCES APPLICABLE TO GRANT
	303.411	If the application is made in the migration zone, the applicant must be in the migration zone at the time of grant.
	303.412	If the application is made outside Australia, the applicant must be outside Australia at the time of grant.
[NOTE:	Charges: Any applicable tax under the Migration (Delayed Visa Applications) Tax Act 1992 must be paid before the visa can be granted.]
303.5	WHEN VISA IS IN EFFECT
	303.511	Temporary visa permitting the holder to travel to, enter and remain in Australia until the a date specified by the Minister.
303.6	CONDITIONS
	303.611	Condition 8302.
	303.612	Any 1 or more of conditions 8501, 8525, 8502, 8301, 8303, 8106, 8107, 8516, 8503, 8522 and 8526 may be imposed.
303.7	WAY OF GIVING EVIDENCE
	303.711	Visa label affixed to valid passport.
SUBCLASS 305-INTERDEPENDENCY
305.1	INTERPRETATION
[NOTE:	"eligible New Zealand citizen" is defined in regulation 1.03. No interpretation provisions specific to this Part.]
305.2	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.]
305.21	Criteria to be satisfied at time of application
	305.211	(1)	An applicant meets the requirements of this subclause if:
	(a)	the applicant has turned 18; and
	(b)	the applicant has a relationship with a person (in this clause called "the sponsor") who is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen; and
	(c)	the sponsor is not a member of the family unit, or otherwise a relative, of the applicant; and
	(d)	the relationship between the applicant and the sponsor involves:
	(i)	residing together; and
	(ii)	being closely interdependent; and
	(iii)	having a continuing commitment to mutual emotional and financial support; and
	(e)	the applicant is sponsored by the sponsor; and
	(f)	the Minister is satisfied that the relationship referred to in paragraph (d):
	(i)	is genuine; and
	(ii)	subject to subclause (2), has existed for a period of at least 6 months; and
	(iii)	will continue.
	(2)	The Minister may, for the purposes of subparagraph (1) (f) (ii), on written application, specify a period shorter than 6 months if the Minister is satisfied that:
	(a)	there are exceptional circumstances affecting the sponsor and the applicant; and
	(b)	there are compelling reasons for specifying that shorter period.
305.22	Criteria to be satisfied at time of decision
305.221		An applicant meets the requirements of this subclause if:
	(a)	the applicant continues to satisfy the criteria specified in subclause 305.211 (1); and
	(b)	the sponsorship of the applicant under paragraph 305.211 (1) (e) has been approved by the Minister.
	305.222	The applicant satisfies public interest criteria 4001 to 4004 and 4007 to 4009.
	305.223	If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002, 5004, 5006, 5008 and 5009.
	305.224	(1)	Each dependent child of the applicant who is an applicant for a subclass 305 visa satisfies public interest criteria 4001 to 4004 and 4007 to 4009.
	(2)	Each dependent child of the applicant who is not an applicant for a subclass 305 visa satisfies:
	(a)	public interest criteria 4001 to 4004; and
	(b)	public interest criteria 4007 and 4008, unless the Minister is satisfied that it would be unreasonable to require that child to undergo assessment in relation to those criteria.
	305.225	The Minister is satisfied that the grant of a subclass 305 visa to the applicant would not prejudice the rights and interests of any other person who has custody or guardianship of, or access to, a dependent child of the applicant.
305.3	SECONDARY CRITERIA
[NOTE:	The secondary criteria must be satisfied by applicants who are dependent children of a person who satisfies the primary criteria.]
305.31	Criteria to be satisfied at time of application
	305.311	An applicant meets the requirements of this subclause if:
	(a)	the applicant is a dependent child of, and made a combined application with,, a person who satisfies, or has satisfied, the criteria for a subclass 305 visa; and
	(b)	the sponsorship of that other person includes the applicant.
305.32	Criteria to be satisfied at time of decision
	305.321	The applicant continues to be the dependent child of a person who, having satisfied the primary criteria, is the holder of a subclass 305 visa.
	305.322	The applicant satisfies public interest criteria 4001 to 4004 and 4007 to 4009.
	305.323	If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002, 5004, 5006, 5008 and 5009.
	305.324	The Minister is satisfied that the grant of the visa to the applicant would not prejudice the rights and interests of any person who has custody or guardianship of, or access to, the applicant.
305.4	CIRCUMSTANCES APPLICABLE TO GRANT
	305.411	The applicant must be outside Australia at the time of grant.
305.5 WHEN VISA IS IN EFFECT
	305.511	Temporary visa permitting the holder to travel to, and enter, Australia for 12 months from date of grant.
305.6	CONDITIONS
	305.611	First entry must be made within 6 months from date of grant.
305.7 WAY OF GIVING EVIDENCE
	305.711	Visa label affixed to a valid passport.
SUBCLASS 410-RETIREMENT
410.1	INTERPRETATION
[NOTE:	No interpretation provisions specific to this Part.]
410.2	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.]
410.21	Criteria to be satisfied at time of application
[NOTE:	No criteria to be satisfied at time of application outside Australia]
	410.211	If the application is made in the migration zone the applicant is either:
	(a)	the holder of a Business, Cultural/Social, Domestic Worker (Temporary) subclass 427 (Overseas Executive), Emergency (subclass 303), Educational, Expatriate, Family Relationship, Interdependency, Retirement, Supported Dependant or Working Holiday (Temporary) visa, or
	(b)	the holder of a Student (Temporary), Longer Stay (Visitor), Short Stay (Visitor), or Border (Temporary) visa; or
	(c)	the holder of a Confirmatory (temporary) visa that was granted on the grounds that the applicant satisfied the criteria for a visa 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)	the applicant 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)	the applicant satisfies Schedule 3 criteria 3002, 3003, 3004, and 3005.
410.22	Criteria to be satisfied at time of decision
	410.221	If the application is:
	(a)	made outside Australia; or
	(b)	made in the migration zone and by an applicant who does not hold a subclass 410 visa;
the applicant satisfies clauses 410.222 to 410.229.
410.222 The applicant has turned 55.
410.223 If the applicant intends to settle in Australia with the
applicant's spouse:
	(a)	the family unit of the applicant does not include any other person dependent on the applicant or spouse; and
	(b)	the combined resources of the applicant and spouse available for transfer to Australia are not less than:
	(i)	$500,000; or
	(ii)	$150,000 and, in addition, pension rights or capital for investment (or both), being in total money and entitlements sufficient to provide an annual income of not less than $35,000; and
	(c)	the Minister is satisfied that neither the applicant nor the applicant's spouse intends to take employment in Australia.
	410.224	If the applicant intends to settle in Australia without a spouse:
	(a)	the family unit of the applicant does not include a person dependent on the applicant; and
	(b)	the resources of the applicant available for transfer to Australia are not less than:
	(i)	$500,000; or 
	(ii)	$150,000 and in addition pension rights or capital for investment (or both), being in total money and entitlements sufficient to provide an annual income of not less than $35,000; and
	(c)	the Minister is satisfied that the applicant does not intend to take employment in Australia.
	410.225	The applicant satisfies public interest criteria 4001 to 4005 and 4010.
	410.226	If the application was made outside Australia and the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5003, 5005, 5007, 5008 and 5009.
	410.227	If the application was made in the migration zone, and at the time of application, the applicant, having satisfied the primary criteria, for a Student (temporary) visa was the holder of a visa of that class:
	(a)	if the applicant is a private subsidised student, the Minister is satisfied that it would not be detrimental to Australia's policies in respect of overseas students to grant the visa; and
	(b)	if the applicant is a student under a scholarship scheme or training program approved by AIDAB, he or she has the support of AIDAB for the grant of the visa.
	410.228	If the application is made in the migration zone, the applicant has complied substantially with the conditions to which the visa (if any) held, or last held, by the applicant is, or was, subject.
	410.229	The Minister is satisfied that the applicant intends to comply with any conditions subject to which the visa is granted.
	410.230	If the application is made in the migration zone and the applicant was the holder of a subclass 410 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 410 visa.
410.3	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.]
410.31	Criteria to be satisfied at time of application
	410.311	The applicant is the spouse of a person who has applied for a subclass 410 visa.
	410.312	If the application is made outside Australia and the application is made separately from that of the applicant's spouse:
	(a)	the spouse is, or is expected soon to be, in Australia; and
	(b)	the applicant intends to stay temporarily in Australia with the spouse.
	410.313	If the application is made in the migration zone the applicant has complied substantially with the conditions that apply or applied to:
	(a)	any visa held by the applicant ; or
	(b)	any visa held by the applicant immediately before becoming an unlawful non-citizen
410.32	Criteria to be met at time of decision
	410.321	The applicant continues to be the spouse of a person who, having satisfied the primary criteria, is the holder of a subclass 410 Retirement visa.
	410.322	The spouse produces to the Minister evidence of adequate means to support the applicant during the period of stay applied for by the applicant.
	410.323	The applicant:
	(a)	in all cases, satisfies public interest criteria 4001 to 4005; and
	(b)	in the case of an applicant who seeks to stay in Australia for 12 months or more, satisfies public interest criterion 4010.
	410.324	If the application is made outside Australia and if the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5003, 5005 and 5007 to 5009.
410.4	CIRCUMSTANCES APPLICABLE TO GRANT
	410.411	If the application is made in the migration zone, the applicant must be in the migration zone at time of grant.
	410.412	If the application is made outside Australia, the applicant must be outside Australia at time of grant.
[NOTE:	CHARGES:	Any applicable tax under the Migration (Delayed Visa Applications) Tax Act 1992 must be paid before the visa can be granted.]
410.5	WHEN VISA IS IN EFFECT
410.511	Temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister.
410.6	CONDITIONS
	410.611	Condition 8101.
	410.612	Any 1 or more of conditions 8501, 8525, 8502, 8301, 8303, 8106, 8107, 8516, 8503, 8522 and 8526 may be imposed.
410.7	WAY OF GIVING EVIDENCE
410.711	Visa label affixed to valid passport.
SUBCLASS 411-EXCHANGE
411.1	INTERPRETATION
[NOTE:	No interpretation provisions specific to this Part.]
411.2	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.]
411.21	Criteria to be satisfied at time of application
[NOTE:	No criteria to be satisfied at time of application outside Australia.]
	411.211	If the application is made in the migration zone the applicant is
either:
	(a)	the holder of a Business, Cultural/Social, Expatriate, Family Relationship, Interdependency, Retirement, Supported Dependant, Working Holiday (Temporary), subclass 303, Educational or subclass 427 visa;
	(b)	the holder of a Student (Temporary), Long Stay (Visitor), Short Stay (Visitor), or Border (Temporary) visa; or
	(c)	the holder of a Confirmatory (temporary) visa that was granted on the grounds that the applicant satisfied the criteria for a visa 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)	the applicant 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)	the applicant satisfies Schedule 3 criteria 3002, 3003, 3004 and 3005.
411.22	Criteria to be satisfied at time of decision
	411.221	If the application is:
	(a)	made outside Australia; or
	(b)	made in the migration zone by an applicant who does not hold a subclass 411 visa;
the applicant satisfies clauses 411.222 to 411.227.
	411.222	If the application relates to a staff exchange, the Minister is
satisfied that:
	(a)	the exchange position in Australia to which the application relates is a skilled position; and
	(b)	the arrangements envisaged under the exchange would provide a person (in this clause called "the resident") who is an Australian citizen or an Australian permanent resident with the opportunity to obtain experience with a reciprocating organisation overseas; and
	(c)	the same position as that currently held by the resident, or an equivalent position in Australia, will be available to the resident on the completion of the exchange; and
	(d)	the exchange will be of benefit both to the applicant and the resident.
	411.223	If the application relates to an agreement between a government in
Australia and the government of another country:
	(a)	the Minister is satisfied that the application meets the requirements of the agreement; and
	(b)	the applicant has produced evidence that the applicant's stay in Australia under the agreement has been agreed to by the competent authorities in Australia and in the other country.
	411.224	If the application is made in the migration zone:
	(a)	the applicant has complied substantially with the conditions to which the visa (if any) held, or last held, by the applicant is, or was, subject; and,
	(b)	if at the time of application, the applicant was the holder of a
Student (temporary) visa:
	(i)	the applicant has successfully completed a course in Australia at
Associate Diploma level or above; and
	(ii)	if the applicant is a private subsidised student:
	(A)	the applicant establishes a strong case on economic grounds for the grant of the visa; and
	(B)	the Minister is satisfied that it would not be detrimental to Australia's policies in respect of overseas students to grant the visa; and
	(c)	if the applicant is a student under a scholarship scheme or training program approved by AIDAB, the applicant has the support of AIDAB for the grant of the visa.
	411.225	If the application is made outside Australia and the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5003, 5005, 5007, 5008 and 5009.
	411.226	The applicant satisfies public interest criteria 4001 to 4005 and 4010.
	411.227	If the application is made in Australia and the applicant was the holder of a subclass 411 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 411 visa.
411.3	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.]
411.31	Criteria to be satisfied at time of application
	411.311	The applicant is a member of the family unit of a person who has applied for a subclass 411 visa.
	411.312	If the application is made outside Australia and the application is made separately from that of the member of the family unit satisfying the primary criteria:
	(a)	that member of the family unit is, or is expected soon to be, in Australia; and
	(b)	that applicant intends to stay temporarily in Australia as a member of the family unit of the person.
	411.313	If the application is made in the migration zone, the applicant has complied substantially with the conditions that apply or applied to:
	(a)	any visa held by the applicant ; or
	(b)	any visa held by the applicant immediately before becoming an unlawful non-citizen.
411.32	Criteria to be met at time of decision
	411.321	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 411 visa.
	411.322	The member of the family unit 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, taking into account the working rights of both that member of the family unit and the applicant.
	411.324	The applicant:
	(a)	in all cases, satisfies public interest criteria 4001 to 4005; and
	(b)	in the case of an applicant who seeks to stay in Australia for 12 months or more, satisfies public interest criterion 4010.
	411.325	If the application is made outside Australia and if the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5003, 5005 and 5007 to 5009.
411.4	CIRCUMSTANCES APPLICABLE TO GRANT
	411.411	If the application is made in the migration zone, the applicant must be in the migration zone at time of grant.
	411.412	If the application is made outside Australia, the applicant must be outside Australia at time of grant.
[NOTE:	Charges: Any applicable tax under the Migration (Delayed Visa Applications) Tax Act 1992 must be paid before the visa can be granted.]
411.5	WHEN VISA IS IN EFFECT
	411.511	Temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister for the purpose.
411.6	CONDITIONS
	411.611	If the applicant meets the primary criteria, condition 8107.
	411.612	Any 1 or more of conditions 8501, 8525, 8502, 8301, 8303, 8106, 8107, 8516, 8503, 8522 and 8526 may be imposed.
411.7	WAY OF GIVING EVIDENCE
	411.711	Visa label affixed to valid passport.
SUBCLASS 412-INDEPENDENT EXECUTIVE
412.1	INTERPRETATION
[NOTE:	No interpretation provisions specific to this Part.])
412.2	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.]
412.21	Criteria to be satisfied at time of application
[NOTE:	There are no criteria to be satisfied at time of application if the application is made outside Australia.]
	412.211	If the application is made in the migration zone the applicant is :
	(a)	the holder of a Business, Cultural/Social, Educational, Expatriate, Family Relationship, Interdependency, Retirement, Supported Dependant, Working Holiday (Temporary), subclass 300 or subclass 427 visa; or
	(b)	the holder of a Student (Temporary), Long Stay (Visitor), Short Stay (Visitor) or Border (Temporary) visa; or
	(c)	the holder of a Confirmatory (temporary) visa that was granted on the grounds that the applicant satisfied the criteria for a visa 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)	the applicant 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)	the applicant satisfies Schedule 3 criteria 3002, 3003, 3004 and 3005.
412.22	Criteria to be satisfied at time of decision
	412.221	The applicant establishes that he or she is acting as an individual intending to establish a new business in Australia.
	412.222	The Minister is satisfied that the applicant has a successful business record.
	412.223	The applicant has established that he or she has lodged in Australia personal assets (by way of cash or other unencumbered assets or both) adequate to establish and conduct the business referred to in clause 412.221 and in any case not less than:
	(a)	$350,000; or
	(b)	a lesser amount, if the Minister considers that:
	(i)	that lesser amount is adequate to allow the applicant to establish a particular business; and
	(ii)	the business has special characteristics that will provide Australia with substantial international trade or other economic benefits.
	412.224	The Minister is satisfied that the establishment of the new business referred to in clause 412.221 will provide Australia with substantial international trade or other economic benefits.
	412.225	The applicant satisfies the Minister that the applicant intends to comply with any conditions subject to which the visa is granted.
	412.226	If the application is made in the migration zone:
	(a)	the applicant has complied substantially with the conditions to which the visa (if any) held, or last held, by the applicant is, or was, subject; and,
	(b)	if at the time of application, the applicant was the holder of a Student (temporary) visa:
	(i)	the applicant has successfully completed a course in Australia at Associate Diploma level or above; and
	(ii)	if the applicant is a private subsidised student:
	(A)	the applicant establishes a strong case on economic grounds for the grant of the visa; and
	(B)	the Minister is satisfied that it would not be detrimental to Australia's policies in respect of overseas students to grant the visa; and
	(iii)	if the applicant is a student under a scholarship scheme or training program approved by AIDAB, the applicant has the support of AIDAB for the grant of the visa.
	412.227	If the application is made outside Australia and the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5003, 5005, 5007, 5008 and 5009.
	412.228	The applicant satisfies public interest criteria 4001 to 4005 and 4010.
412.3	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.]
412.31	Criteria to be satisfied at time of application
	412.311	The applicant is a member of the family unit of a person who has applied for a subclass 412 visa.
	412.312	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 the family unit .
	412.313	If the application is made in the migration zone the applicant has complied substantially with the conditions that apply or applied to:
	(a)	any visa held by the applicant ; or
	(b)	any visa held by the applicant immediately before becoming an unlawful non-citizen.
412.32	Criteria to be met at time of decision
	412.321	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 412 visa.
	412.323	The member of the family unit 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, taking into account the working rights of both that family unit member and the applicant.
	412.324	The applicant:
	(a)	in all cases, satisfies public interest criteria 4001 to 4005; and
	(b)	in the case of an applicant who seeks to stay in Australia for 12 months or more, satisfies public interest criterion 4010.
	412.325	If the application is made outside Australia and if the applicant has previously been in Australia, the applicant satisfies special re-entry criteria 5001, 5003, 5005, 5007, 5009 and 5010.
412.4	CIRCUMSTANCES APPLICABLE TO GRANT
	412.411	If the application is made in the migration zone, the applicant must be in the migration zone at time of grant.
	412.412	If the application is made outside Australia, the applicant must be outside Australia at time of grant
[NOTE:	Charges: Any applicable tax under the Migration (Delayed Visa Applications) Tax Act 1992 must be paid before the visa can be granted.]
412.5	WHEN VISA IS IN EFFECT
	412.511	Temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister for the purpose.
412.6	CONDITIONS
412.611	Any 1 or more of conditions 8501, 8525, 8502, 8301, 8303, 8106, 8107, 8516, 8503, 8522 and 8526 may be imposed.
412.7	WAY OF GIVING EVIDENCE
	412.711	Visa label affixed to valid passport.
SUBCLASS 413-EXECUTIVE
413.1	INTERPRETATION
[NOTE:	No interpretation provisions specific to this Part.]
413.2	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.]
413.21	Criteria to be satisfied at time of application
[NOTE:	There are no criteria to be satisfied at time of application if the application is made outside Australia.[
	413.211	If the application is made in the migration zone the applicant is either:
	(a)	the holder of a Business, Cultural/Social, Educational, Expatriate, Family Relationship, Interdependency, Retirement, Supported Dependant, Working Holiday (Temporary), subclass 303 or subclass 427 visa; or
	(b)	the holder of a Student (Temporary), Long Stay (Visitor), Short Stay (Visitor) or Border (Temporary) visa; or
	(c)	the holder of a Confirmatory (temporary) 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)	the applicant 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)	the applicant satisfies Schedule 3 criteria 3002, 3003, 3004 and 3005.
413.22	Criteria to be satisfied at time of decision
413.221		(1)	The applicant meets the requirements of subclause (2), (3) or (4).
	(2)	An applicant meets the requirements of this subclause if:
	(a)	the applicant intends to establish in Australia a branch of an overseas company; and
	(b)	the establishment of the branch will provide Australia with substantial international trade or other economic benefits.
	(3)	An applicant meets the requirements of this subclause if:
	(a)	the applicant has been appointed by a company operating in Australia to be the national managing executive or a deputy national managing executive or a state manager; and
	(b)	the company is operating as a business; and
	(c)	in the case of an applicant who intends to stay in Australia for more than 4 months, the applicant is sponsored by the company.
	(4)	An applicant meets the requirements of this subclause if the applicant is a senior executive of a company operating in Australia (not being the national managing executive or a deputy national managing executive or a state manager), and the applicant establishes:
	(a)	that the position to which the application relates carries substantial executive responsibility; and
	(b)	that the applicant's qualifications for the position are appropriate;and
	(c)	that the position is a full-time position; and
	(d)	that the position is to be adequately paid, having regard to Australian levels of remuneration and conditions; and
	(e)	that the company is operating as a business; and
	(f)	if the applicant intends to stay in Australia for more than 4 months, that the applicant is sponsored by the company; and
	(g)	if the Minister so requires, that labour market requirements have been met.
	413.222	The applicant produces a statement by the company employing the applicant which satisfies the Minister that the employment of the applicant in Australia would be of benefit to Australia.
	413.223	If sponsorship is required under subclause 413.221 (3) or (4):
	(a)	a sponsorship of the applicant has been approved by the Minister; and
	(b)	the sponsorship fee specified in regulation 7.27 has been paid.
	413.224	The applicant satisfies public interest criteria 4001 to 4005 and 4010.
	413.225	The Minister is satisfied that the applicant intends to comply with any conditions subject to which the visa is granted.
	413.226	If the application is made outside Australia and the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5003, 5005 and 5007 to 5009.
	413.227	If the application is made inside the migration zone the applicant has complied substantially with the conditions to which the visa (if any) held, or last held, by the applicant is, or was, subject.
	413.228	If at the time of application, the applicant was the holder of a Student (Temporary) visa:
	(a)	the applicant has successfully completed a course in Australia at associate diploma level or above; and
	(b)	the applicant has special occupational or professional skills (or both); and
	(c)	if sponsorship is a requirement, the intended employer establishes that a person with those skills is not reasonably available in Australia; and
	(d)	if the applicant is a private subsidised student:
	(i)	if sponsorship is a requirement, 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; and
	(e)	if the applicant is a student under a scholarship scheme or training program approved by AIDAB, the applicant has the support of AIDAB for the grant of the visa.
	413.229	(1)	Subject to subclause (2), if:
	(a)	the applicant was, at the time of application, the holder of:
	(i)	a Business, Cultural/Social, Educational, Emergency (subclass 303), Expatriate, Family Relationship, Interdependency, Retirement, or Supported Dependant Class visa, Border (Temporary) or subclass 427 visa; or
	(ii)	a Confirmatory (Temporary) visa which was granted on the grounds that the applicant satisfied the criteria for one of the visas specified in subparagraph (i); and
	(b)	the grant of the visa would allow the applicant a total period of stay in Australia of more than 4 months as a temporary resident;
the applicant is sponsored by an intended employer.
	(2)	Despite subclause (1), an applicant who meets the criterion set out in subclause 413.221 (2) need not be sponsored by an intended employer.
	413.230	If at the time of application, the applicant was the holder of a Long Stay (Visitor), Short Stay (Visitor) or Working Holiday (Temporary) visa:
	(a)	the applicant:
	(i)	is sponsored by the intended employer; or
	(ii)	is intending to set up a branch in Australia of an overseas company and has the support in writing of that overseas company; and
	(b)	the Minister is satisfied that:
	(i)	it has not been possible to find an employee in Australia who is suitable for the position; or
	(ii)	in the circumstances, the employer should not be required to seek a suitable employee in Australia.
413.3	SECONDARY CRITERIA
[NOTE:	These criteria must be satisfied by applicants who are family unit members of a person who satisfies the primary criteria.]
413.31	Criteria to be satisfied at time of application
	413.311	The applicant is a member of the family unit of a person who has applied for a subclass 413 visa.
	413.312	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.
413.313 If the application is made in the migration zone the applicant has
complied substantially with the conditions that apply or applied to:
	(a)	any visa held by the applicant ; or
	(b)	any visa held by the applicant immediately before becoming an unlawful non-citizen.
413.32	Criteria to be met at time of decision
	413.321	The applicant is a member of the family unit of a person who is the holder of a subclass 413 visa.
	413.322	 The applicant is included in any sponsorship required in respect of the member of the family unit who satisfies the primary criteria.
	413.323	If sponsorship is not required for the member of the family unit who satisfies the primary criteria, that family unit member produces to the Minister evidence of adequate means to support the applicant during the period of stay applied for by the applicant, taking into account the working rights of both that family unit member and the applicant.
	413.324	The applicant:
	(a)	in all cases, satisfies public interest criteria 4001 to 4005; and
	(b)	in the case of an applicant who seeks to stay in Australia for 12 months or more, satisfies public interest criterion 4010.
	413.325	If the application is made outside Australia and if the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5003, 5005 and 5007 to 5009.
413.4	CIRCUMSTANCES APPLICABLE TO GRANT
	413.411	If the application is made in the migration zone, the applicant must be in the migration zone at time of grant.
	413.412	If the application is made outside Australia, the applicant must be outside Australia at time of grant.
[NOTE:	Charges: Any applicable tax under the Migration (Delayed Visa Applications) Tax Act 1992 must be paid before the visa can be granted.]
413.5	WHEN VISA IS IN EFFECT
	413.511	Temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister.
413.6	CONDITIONS
	413.611	If the applicant satisfies the primary criteria: condition 8107.
	413.612	Any 1 or more of conditions 8501, 8525, 8502, 8301, 8303, 8106, 8516, 8503, 8522 and 8526 may be imposed.
413.7	WAY OF GIVING EVIDENCE
	413.711	Visa label affixed to valid passport.
SUBCLASS 414-SPECIALIST
414.1	INTERPRETATION
[NOTE:	No interpretation provisions specific to this Part.]
414.2	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.]
414.21	Criteria to be satisfied at time of application
[NOTE:	There are no criteria to be satisfied at the time of application outside Australia.]
	414.211	If the application is made in the migration zone the applicant is either:
	(a)	the holder of a Business, Cultural/Social, Educational, Expatriate, Family Relationship, Interdependency, Retirement, Supported Dependant, Working Holiday, subclass 303 or subclass 427 visa; or
	(b)	the holder of a Student, Long Stay (Visitor), Short Stay (Visitor) or Border (Temporary) visa; or
	(c)	the holder of a Confirmatory 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)	the applicant 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)	the applicant satisfies Schedule 3 criteria 3002, 3003, 3004 and 3005.
414.22	Criteria to be satisfied at time of decision
	414.221	The applicant:
	(a)	seeks to enter or further stay in Australia in accordance with a labour agreement and establishes:
	(i)	that the requirements of the labour agreement have been met; and
	(ii)	that the applicant's skills and experience are suitable for the position to which the application relates; or
	(b)	seeks to enter or further stay in Australia otherwise than in accordance with a labour agreement and establishes that:
	(i)	the applicant has been offered employment in a position currently available in a business enterprise in Australia; and
	(ii)	that position has not been created solely to secure the entry of the applicant into Australia; and
	(iii)	the applicant has trade, technical or professional skills not readily available in Australia, unless the Minister is satisfied that, in the circumstances of the case, the intended employer should not be required to find a suitable employee in Australia for the position; and
	(iv)	the applicant's skills and experience are suitable for the position to which the application relates; and
	(v)	the position is to be adequately paid, having regard to Australian levels of remuneration and conditions; and
	(vi)	the position is a full-time position; and
	(vii)	the intended employer has a satisfactory record of, or demonstrates commitment towards, training in its business operations in Australia.
	414.222	The applicant produces a statement by the intended employer which satisfies the Minister that the employment of the applicant in Australia would be of benefit to Australia.
	414.223	If the application is made outside Australia and is in respect of a stay in Australia of more than 4 months, the applicant is sponsored by the intended employer of the applicant in the business enterprise in Australia in which the applicant has been offered a position.
	414.224	If sponsorship is required under clause 414.223:
	(a)	a sponsorship of the applicant has been approved by the Minister; and
	(b)	the sponsorship fee specified in regulation 7.27 has been paid.
	414.225	The applicant satisfies public interest criteria 4001 to 4005 and 4010.
	414.226	The applicant satisfies the Minister that the applicant intends to comply with any conditions subject to which the visa is granted.
	414.227	If the application is made outside Australia and the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5003, 5005 and 5007 to 5009.
	414.228	If the application is made in the migration zone:
	(a)	the applicant has complied substantially with the conditions to which the visa (if any) held, or last held, by the applicant is, or was, subject; and,
	(b)	if at the time of application, the applicant was the holder of a Student (temporary) visa:
	(i)	the applicant has successfully completed a course in Australia at Associate Diploma level or above; and,
	(ii)	the Minister is satisfied that:
	(A)	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
	(B)	in the circumstances of the case, the intended employer should not be required to seek a suitable employee in Australia; and
	(iii)	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
	(iv)	if the applicant is a private subsidised student:
	(A)	the sponsor establishes a strong case on economic grounds for the grant of the visa; and
	(B)	the Minister is satisfied that it would not be detrimental to Australia's policies in respect of overseas students to grant the visa; and
	(v)	if the applicant is a student under a scholarship scheme or training program approved by AIDAB, the applicant has the support of AIDAB for the grant of the visa; and,
	414.229	(1)	If:
	(a)	the applicant was, at the time of application, the holder of:
	(i)	Business, Cultural/Social, Educational, Expatriate, Family Relationship, Interdependency, Retirement, Supported Dependant, subclass 303, subclass 773 or subclass 427 visa; or
	(ii)	the holder of a Confirmatory visa which was granted on the grounds that the applicant satisfied the criteria for one of the visas specified in subparagraph (i); and
	(b)	the grant of the visa would allow the applicant a total period of stay in Australia of more than 4 months as a temporary resident;
the applicant is sponsored by an intended employer.
	(2)	If at the time of application, the applicant was the holder of a Long Stay (Visitor), Short Stay (Visitor) or Working Holiday visa, the applicant is sponsored by the intended employer.
414.3	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.]
414.31	Criteria to be satisfied at time of application
414.311		The applicant is a member of the family unit of a person who has applied for a subclass 414 visa.
	414.312	If the application is made outside Australia and the application is made separately from that of the member of the family unit satisfying the primary criteria:
	(a)	that 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.
	414.313	If the application is made in the migration zone the applicant has complied substantially with the conditions to which:
	(a)	any visa held by the applicant is subject; or
	(b)	any visa held by the applicant immediately before becoming an unlawful non-citizen was subject.
414.32	Criteria to be met at time of decision
	414.321	The applicant is a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a subclass 414 visa.
	414.322	The applicant is included in any sponsorship required in respect of the member of the family unit who satisfies the primary criteria.
	414.323	If sponsorship is not required for the member of the family unit who satisfies the primary criteria, that family unit member produces to the Minister evidence of adequate means to support the applicant during the period of stay applied for by the applicant, taking into account the working rights of both that family unit member and the applicant.
	414.324	The applicant:
	(a)	in all cases, satisfies public interest criteria 4001 to 4005; and
	(b)	in the case of an applicant who seeks to stay in Australia for 12 months or more, satisfies public interest criterion 4010.
	414.325	If the application is made outside Australia and if the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5003, 5005 and 5007 to 5009.
414.4 CIRCUMSTANCES APPLICABLE TO GRANT
	414.411	If the application is made in the migration zone, the applicant must be in the migration zone at time of grant.
	414.412	If the application is made outside Australia, the applicant must be outside Australia at time of grant.
[NOTE:	Charges: Any applicable tax under the Migration (Delayed Visa Applications) Tax Act 1992 must be paid before the visa can be granted.]
414.5	WHEN VISA IS IN EFFECT
	414.511	Temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister.
414.6	CONDITIONS
	414.611	If the applicant satisfies the primary criteria, condition 8107.
	414.612	Any 1 or more of conditions 8501, 8525, 8502, 8301, 8303, 8106, 8516, 8503, 8522 and 8526 may be imposed.
414.7	WAY OF GIVING EVIDENCE
	414.711	Visa label affixed to valid passport.
SUBCLASS 415-FOREIGN GOVERNMENT AGENCY
415.1	INTERPRETATION
	415.111	In this Part:
"foreign government agency" includes an organisation conducted under official auspices in a foreign country and operating in Australia to foster the culture of the foreign country.
415.2	PRIMARY CRITERIA
415.21	Criteria to be satisfied at time of application
[NOTE:	No criteria to be satisfied at time of application outside Australia.]
	415.211	If the application is made in the migration zone the applicant is either:
	(a)	the holder of a Business, Cultural/Social, Emergency (subclass 303), Educational, Expatriate, Family Relationship, Interdependency, Retirement, Supported Dependant, Working Holiday (Temporary) or subclass 427 visa; or
	(b)	the holder of a Long Stay (Visitor), Short Stay (Visitor) or Border (Temporary) visa; or
	(c)	the holder of a Confirmatory (temporary) visa that was granted on the grounds that the applicant satisfied one of the criteria for a visa 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)	the applicant 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)	the applicant satisfies Schedule 3 criteria 3002, 3003, 3004 and 3005.
415.22	Criteria to be satisfied at time of decision
	415.221	If the application is:
	(a)	made outside Australia; or
	(b)	made in the migration zone by an applicant who does not hold a subclass 415 visa;
the applicant satisfies clauses 415.222 to 415.231.
	415.222	The applicant is:
	(a)	a person who:
	(i)	seeks to enter Australia to be employed as a representative of a foreign government agency that does not enjoy official status in Australia; and
	(ii)	would not, as a representative of that kind, enjoy official status in Australia; or
	(b)	a person who:
	(i)	seeks to enter Australia temporarily under an agreement between Australia and another country; and
	(ii)	has produced evidence that the applicant's stay in Australia under the agreement has been agreed to by the competent authorities in Australia and in that other country; or
	(c)	a foreign language teacher intending to work in an Australian school but as an employee of a foreign government.
	415.223	(1)	If the applicant is an applicant to whom paragraph 415.222 (a) or (c) applies:
	(a)	in the case of an applicant:
	(i)	who intends to stay in Australia four months or less; or
	(ii)	seeks entry to Australia to direct the operations in Australia of the British Council, the Alliance Francaise, the Goethe Institute, or the Italian Cultural Institute; the applicant produces a statement from the Foreign Ministry of the foreign government concerned supporting the application; or
	(b)	in any other case-the applicant produces evidence of sponsorship by a foreign government agency.
	415.224	If sponsorship is required under clause 415.223:
	(a)	a sponsorship of the applicant has been approved by the Minister; and
	(b)	the sponsorship fee specified in regulation 7.27 has been paid.
	415.225	The applicant produces a statement which satisfies the Minister that the employment of the applicant in Australia would be of benefit to Australia.
	415.226	The applicant satisfies public interest criteria 4001 to 4005 and 4010.
	415.227	The Minister is satisfied that the applicant intends to comply with any conditions subject to which the visa is granted.
	415.228	If the application is made outside Australia and if the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5003, 5005 and 5007 to 5009.
	415.229	(1)	Subject to subclause (2), if the application is made in the migration zone, and:
	(a)	the applicant was, at the time of application, the holder of:
	(i)	a Business, Cultural/Social, Educational, Emergency (subclass 303), Expatriate, Family Relationship, Interdependency, Retirement, Supported Dependant visa, Border (Temporary) visa or subclass 427 visa; or
	(ii)	the holder of a Confirmatory (Temporary) visa which was granted on the grounds that the applicant satisfied the criteria for one of the visas specified in subparagraph (i); and
	(b)	the grant of the visa would allow the applicant a total period of stay in Australia of more than 4 months as a temporary resident; and
	(c)	the applicant is an applicant to whom paragraph 415.222 (a) or (c) applies;
the applicant is sponsored by an intended employer.
	(2)	Subclause (1) does not apply to an applicant who:
	(a)	is the holder of a subclass 415 visa; and
	(b)	entered Australia as a person to whom an agreement mentioned in paragraph 415.222 (b) applied; and
	(c)	continues to be such a person.
	415.230	If the application is made in the migration zone, the applicant has complied substantially with the conditions to which the visa (if any) held, or last held, by the applicant is, or was, subject.
	415.231	If the application is made in the migration zone and the applicant was the holder of a subclass 415 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 415 visa.
415.3	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.]
415.31	Criteria to be satisfied at time of application
	415.311	The applicant is a member of the family unit of a person who has applied for a subclass 415 visa.
	415.312	If the application is made outside Australia and 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 .
	415.313	If the application is made in the migration zone, the applicant has complied substantially with the conditions that apply or applied to:
	(a)	any visa held by the applicant ; or
	(b)	any visa held by the applicant immediately before becoming an unlawful non-citizen.
415.32	Criteria to be satisfied at time of decision
	415.321	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 415 visa.
	415.322	The applicant is included in any sponsorship required in respect of the member of the family unit who satisfies the primary criteria.
	415.323	If sponsorship is not required for the family unit member who satisfies the primary criteria, that family unit member produces to the Minister evidence of adequate means to support the applicant during the period of stay applied for by the applicant, taking into account the working rights of both that family unit member and the applicant.
	415.324	The applicant:
	(a)	in all cases, satisfies public interest criteria 4001 to 4005; and
	(b)	in the case of an applicant who seeks to stay in Australia for 12 months or more, satisfies public interest criterion 4010.
	415.325	If the application is made outside Australia and if the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5003, 5005 and 5007 to 5009.
415.4	CIRCUMSTANCES APPLICABLE TO GRANT
415.411 If the application is made in the migration zone, the applicant must be in the migration zone at time of grant.
415.412	If the application is made outside Australia, the applicant must be outside Australia at time of grant.
[NOTE:	CHARGES:	Any applicable tax under the Migration (Delayed Visa Applications) Tax Act 1992 must be paid before the visa can be granted.]
415.5	WHEN VISA IS IN EFFECT
	415.511	Temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister.
415.6	CONDITIONS
	415.611	If the applicant meets the primary criteria, condition 8107.
	415.612	Any 1 or more of conditions 8501, 8525, 8502, 8301, 8303, 8106, 8516, 8503, 8522 and 8526 may be imposed.
415.7	WAY OF GIVING EVIDENCE
	415.711	Visa label affixed to valid passport.
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:	No criteria to be satisfied at time of application outside Australia.]
	416.211	If the application is made in the migration zone the applicant is either:
	(a)	the holder of a Business, Cultural/Social, Emergency (subclass 303), Educational, Expatriate, Family Relationship, Interdependency, Retirement, Supported Dependant, Working Holiday (Temporary) or subclass 427 visa; or
	(b)	the holder of a Long Stay (Visitor), Short Stay (Visitor) or Border (Temporary) visa; or
	(c)	the holder of a Confirmatory (temporary) 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)	the applicant 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)	the applicant satisfies Schedule 3 criteria 3002, 3003, 3004 and 3005.
416.22	Criteria to be satisfied at time of decision
	416.221	If the application is:
	(a)	made outside Australia; or
	(b)	made in the migration zone and the applicant does not hold a subclass 416 visa;
the applicant satisfies clauses 416.222 to 416.226.
	416.222	The applicant produces evidence that the applicant:
	(a)	is the holder of a Churchill Fellowship; or
	(b)	is applying for the visa for the purpose of taking part in a youth exchange program approved in writing by the Secretary; or
	(c)	has been nominated by a community-based non-commercial organisation in Australia to take part in a program of activity that has the object of cultural enrichment or community benefits and both that organisation and that program have been approved by the Secretary for the purposes of this paragraph.
	416.223	The applicant satisfies public interest criteria 4001 to 4005 and 4010.
	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 application is made outside Australia and the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5003, 5005 and 5007 to 5009.
	416.226	If the application is made in the migration zone, the applicant has complied substantially with the conditions to which the visa (if any) held, or last held, by the applicant is, or was, subject.
	416.227	If the application is made in the migration zone and the applicant was the holder of a subclass 416 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 416 visa.
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	The applicant is a member of the family unit of a person who has applied for a subclass 416 visa.
	416.312	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.
	416.313	If the application is made in the migration zone the applicant has complied substantially with the conditions to which:
	(a)	any visa held by the applicant is subject; or
	(b)	any visa held by the applicant immediately before becoming an unlawful non-citizen was subject.
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 having satisfied the primary criteria is the holder of a subclass 416 visa.
	416.322	The member of the family unit 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, taking into account the working rights of both that family unit member and the applicant.
	416.323	The applicant:
	(a)	in all cases, satisfies public interest criteria 4001 to 4005; and
	(b)	in the case of an applicant who seeks to stay in Australia for 12 months or more, satisfies public interest criterion 4010.
	416.324	If the application is made outside Australia and if the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5003, 5005 and 5007 to 5009.
416.4	CIRCUMSTANCES APPLICABLE TO GRANT
	416.411	If the application is made in the migration zone, the applicant must be in the migration zone at time of grant.
	416.412	If the application is made outside Australia, the applicant must be outside Australia at time of grant.
[NOTE:	Charges: Any applicable tax under the Migration (Delayed Visa Applications) Tax Act 1992 must be paid before the visa can be granted.]
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	If the applicant meets the primary criteria, condition 8107.
	416.612	Any 1 or more of conditions 8501, 8525, 8502, 8301, 8303, 8106, 8516, 8503, 8522 and 8526 may be imposed.
416.7	WAY OF GIVING EVIDENCE
	416.711	Visa label affixed to valid passport.
SUBCLASS 417-WORKING HOLIDAY
417.1	INTERPRETATION
[NOTE:	No interpretation provisions specific to this Part.]
417.2	PRIMARY CRITERIA
[NOTE:	all applicants must be satisfy the primary criteria.]
	417.21	Criteria to be satisfied at time of application
	417.211	If the application is made outside Australia, the applicant satisfies clauses 417.213 to 417.217.
	417.212	If the application is made in the migration zone and the applicant either:
	(a)	is the holder of a subclass 417 visa; or
	(b)	is the holder of a Confirmatory (temporary) visa granted on the grounds of satisfying the primary criteria for the grant of a subclass 417 visa; or
	(c)	is not the holder of a substantive visa and:
	(i)	the last substantive visa held by the applicant was a subclass 417 visa; and
	(ii)	the applicant satisfies Schedule 3 criteria 3003, 3004 and 3005;
the applicant satisfies clauses 417.213 to 417.216 and 417.218.
	417.213	The applicant has no dependent children.
	417.214	(1)	The applicant meets the requirements of subclause (2) or (3).
	(2)	An applicant meets the requirements of this subclause if the applicant is a citizen of the United Kingdom, the Republic of Ireland, the Netherlands, Canada or Japan and either:
	(a)	has turned 18 but has not turned 26; or
	(b)	has turned 26 but has not turned 31 and the Minister is satisfied that the applicant's entry to Australia would be of benefit to the applicant and to Australia.
	(3)	An applicant meets the requirements of this subclause if the applicant is not a citizen of a country referred to in subclause (2) and:
	(a)	the applicant has turned 18 but has not turned 26; and
	(b)	the Minister is satisfied that the applicant's entry to Australia would be of benefit to the applicant and to Australia.
	417.215	The application is made:
	(a)	if the applicant is a citizen of the United Kingdom, the Republic of Ireland, the Netherlands or Canada, in any country; or
	(b)	if the applicant is not a citizen of a country referred to in paragraph (a), in the country of which the applicant is a citizen.
	417.216	The Minister is satisfied that the applicant:
	(a)	seeks to enter 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 undertake any studies in Australia other than an English language course.
	417.217	The applicant has not previously entered Australia as the holder of a subclass 417 visa.
	417.218	If the application is made in the migration zone, the applicant has complied substantially  with the conditions to which the visa (if any) held, or last held, by the applicant is, or was, subject.
	417.219	If the application is made in the migration zone, the total of:
	(a)	the period for which the applicant would be authorised to remain in Australia by the visa sought; and
	(b)	the period during which the applicant has already stayed in Australia;
would not exceed 12 months.
417.22	Criteria to be satisfied at time of decision
	417.221	(1)	If the application is made:
	(a)	outside Australia; or,
	(b)	inside the migration zone, by an applicant who does not hold a subclass 417 visa;
the applicant:
	(c)	continues to satisfy the criteria in clauses 417.211 to 417.218; and.
	(d)	satisfies public interest criteria 4001 to 4005 and 4010.
	417.222	If the application is lodged outside Australia, and if the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5003, 5005 and 5007 to 5009.
	417.223	If the application is made inside the migration zone and the applicant was the holder of a subclass 417 visa at the time of application, the Minister is satisfied that there is no reason to believe that the applicant does not continue to satisfy the criteria for the grant, before entry, of a subclass 417 visa.
	417.224	The Minister is satisfied that the applicant intends to comply with any conditions subject to which the visa is granted.
	417.225	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 Gazette Notice, 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 Gazette Notice, that may be granted in that financial year.
417.3	SECONDARY CRITERIA
[NOTE:	All applicants must meet the primary criteria.]
417.4	CIRCUMSTANCES APPLICABLE TO GRANT
	417.411	If the application is made in the migration zone, the applicant is in the migration zone at time of grant.
	417.412	If the application is made outside Australia, the applicant is outside Australia at time of grant.
[NOTE:	Charges: Any applicable tax under the Migration (Delayed Visa Applications) Tax Act 1992 must be paid before the visa can be granted.]
417.5	WHEN VISA IS IN EFFECT
	417.511	Temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister.
417.6	CONDITIONS
417.611	Condition 8108.
	417.612	Any 1 or more of conditions 8501, 8525, 8502, 8301, 8303, 8106, 8107, 8516, 8503, 8522 and 8526 may be imposed.
417.7	WAY OF GIVING EVIDENCE
	417.711	Visa label affixed to valid passport.
SUBCLASS 418-EDUCATIONAL
418.1	INTERPRETATION
[NOTE:	No interpretation provisions specific to this subclass.])
418.2	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.]
418.21	Criteria to be satisfied at time of application
[NOTE:	No criteria to be satisfied at time of application outside Australia.]
	418.211	If the application is made in the migration zone the applicant is either:
	(a)	the holder of a Business, Cultural/Social, Educational, Expatriate, Family Relationship, Interdependency, Retirement, Supported Dependant, Working Holiday, subclass 303 visa, subclass 427 visa; or
	(b)	the holder of a Student (Temporary), Long Stay (Visitor), Short Stay (Visitor) or Border (Temporary) visa; or
	(c)	the holder of a Confirmatory (temporary) visa that was granted on the grounds that the applicant satisfied the criteria for a visa 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)	the applicant 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)	the applicant satisfies Schedule 3 criteria 3002, 3003, 3004 and 3005.
418.22	Criteria to be satisfied at time of decision
	418.221	The applicant:
	(a)	has been appointed:
	(i)	to a full-time position at an Australian tertiary education institution or research institution, being an academic position or the position of a librarian, technician or laboratory demonstrator; or
	(ii)	to a full-time position at an Australian tertiary education institution or research institution to undertake graduate or post-doctoral research; or
	(iii)	to a full-time position as a teacher at an Australian school or technical college, not being a tertiary education institution; and
	(b)	has provided with the application a letter of appointment from the relevant institution, school or college; and
	(c)	satisfies the Minister that the applicant intends to comply with any conditions subject to which the visa is granted.
	418.222	If the application is in respect of a proposed stay in Australia of more than 4 months, the applicant is sponsored by the relevant institution, school or college.
	418.223	If sponsorship of the applicant is required under clause 418.222, at the time when the sponsorship is approved:
	(a)	the relevant institution, school or college satisfies the Minister that it has not been possible to find a suitable person in Australia for appointment to the position; or
	(b)	the Minister is satisfied that there is no need to seek a suitable person in Australia for appointment to the position.
	418.224	If sponsorship is required under clause 418.222:
	(a)	a sponsorship of the applicant has been approved by the Minister; and
	(b)	the sponsorship fee prescribed by regulation 7.27 has been paid.
	418.225	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.
	418.226	The applicant satisfies public interest criteria 4001 to 4005 and 4010.
	418.227	If the application is made outside Australia and the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5003, 5005 and 5007 to 5009.
	418.228	If the application is made in the migration zone, the applicant has complied substantially with the conditions to which the visa (if any) held, or last held, by the applicant is, or was, subject.
	418.229	If the application is made in the migration zone and the applicant was the holder of a Student (Temporary) visa at the time of application,:
	(a)	the applicant has successfully completed a course of study in Australia leading to an associate diploma or above; and
	(b)	the applicant is sponsored by an educational or research institution that is able to establish that a person with those skills is not reasonably available in Australia; and
	(c)	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; and
	(d)	if the applicant is a student under a scholarship scheme or training program approved by AIDAB, the applicant has the support of AIDAB for the grant of the visa.
	418.230	If the application is made in the migration zone:
	(a)	the applicant was, at the time of application, the holder of:
	(i)	a Business, Cultural/Social, Educational, Emergency (subclass 303), Expatriate, Family Relationship, Interdependency, Retirement, Supported Dependant or Border (Temporary) visa; or
	(ii)	the holder of a Confirmatory (Temporary) visa which was granted on the grounds that the applicant satisfied the criteria for one of the visas specified in subparagraph (i); and
	(b)	the grant of the visa would allow the applicant a total period of stay inAustralia of more than 4 months as a temporary resident;
the applicant is sponsored by an institution, college or school.
	418.231	If the application is made in the migration zone and at the time of application the applicant was the holder of a Long Stay (Visitor), Short Stay (Visitor), or Working Holiday (Temporary) visa:
	(a)	the applicant is sponsored by an educational or research institution; and
	(b)	the Minister is satisfied that:
	(i)	it has not been possible to find a person in Australia who is suitable for the position; or
	(ii)	in the circumstances, the institution should not be required to seek a suitable person in Australia.
418.3	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.]
418.31	Criteria to be satisfied at time of application
	418.311	The applicant is a member of the family unit of a person who has applied for a subclass 418 visa.
	418.312	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 .
	418.313	If the application is made in the migration zone the applicant has complied substantially with the conditions that apply or applied to:
	(a)	any visa held by the applicant ; or
	(b)	any visa held by the applicant immediately before becoming an unlawful non-citizen .
418.32	Criteria to be met at time of decision
	418.321	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 418 visa.
	418.322	The applicant is included in any sponsorship required in respect of the member of the family unit who, having satisfied the primary criteria, is the holder of a subclass 418 visa.
	418.323	If sponsorship is not required for the member of the family unit who having satisfied the primary criteria holds a subclass 418 visa, that family unit member produces to the Minister evidence of adequate means to support the applicant during the period of stay applied for by the applicant, taking into account the working rights of both that family unit member and the applicant.
	418.324	The applicant:
	(a)	in all cases, satisfies public interest criteria 4001 to 4005; and
	(b)	in the case of an applicant who seeks to stay in Australia for 12 months or more, satisfies public interest criterion 4010.
	418.325	If the application is made outside Australia and if the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5003, 5005 and 5007 to 5009.
418.4	CIRCUMSTANCES APPLICABLE TO GRANT
	418.411	If the application is made in the migration zone, the applicant must be in the migration zone at time of grant.
	418.412	If the application is made outside Australia, the applicant must be outside Australia at time of grant.
[NOTE:	Charges: Any applicable tax under the Migration (Delayed Visa Applications) Tax Act 1992 must be paid before the visa can be granted.]
418.5	WHEN VISA IS IN EFFECT
	418.511	Temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister for the purpose.
418.6 CONDITIONS
	418.611	If the applicant satisfies the primary criteria, condition 8107.
	418.612	Any one or more of conditions 8501, 8525, 8502, 8301, 8203, 8106, 8516, 8503, 8522 and 8526 may be imposed.
418.7	WAY OF GIVING EVIDENCE
	418.711	Visa label affixed to 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 application is made in the migration zone the applicant is:
	(a)	the holder of a Business, Cultural/Social, Educational, Emergency (subclass 303), Expatriate, Family Relationship, Interdependency, Retirement, Supported Dependant, Working Holiday (Temporary) or subclass 427 visa; or
	(b)	is the holder of a Long Stay (Visitor), Short Stay (Visitor) or Border (Temporary) visa; or
	(c)	the holder of a Confirmatory (temporary) visa which 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.
419.22	Criteria to be satisfied at time of decision
	419.221	If the application is:
	(a)	made outside Australia; or
	(b)	if made in the migration zone and the applicant does not hold a subclass 419 visa;
the applicant satisfies the criteria in clauses 419.222 to 419.228.
	419.222	(1)	The applicant is an academic who is invited to visit an Australian tertiary institution or research institution for the purpose of observing, or participating in, research at the institution.
	(2)	The applicant or the institution that invited the applicant provides a copy of the invitation.
	419.223	If the applicant seeks to enter Australia under an agreement between Australia and another country:
	(a)	the Minister is satisfied that the application meets the requirements of the agreement; and
	(b)	the applicant has produced evidence that the stay of the applicant in Australia under the agreement has been agreed to by the competent authorities in Australia and the other country.
	419.224	The applicant will not be receiving a salary, scholarship or allowance (other than an allowance towards living expenses in Australia and travel costs) from the institution.
	419.225	The applicant satisfies public interest criteria 4001 to 4005 and 4010.
	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, 5003, 5005 and 5007 to 5009.
	419.228	If the application is made in the migration zone the applicant has complied substantially with the conditions to which the visa, (if any) held, or last held, by the applicant is, or was, subject.
	419.229	If the application is made in the migration zone and the applicant was at the time of application, the holder of a subclass 419 visa, 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 419 visa.
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 .
	419.313	If the application is made in the migration zone, the applicant has complied substantially with the conditions to which:
	(a)	any visa held by the applicant is subject; or
	(b)	any visa held by the applicant before becoming an unlawful non-citizen was subject.
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.
	419.322	The member of the family unit who meets 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, taking into account the working rights of both that family unit member and the applicant.
	419.323	The applicant:
	(a)	in all cases, satisfies public interest criteria 4001 to 4005, and
	(b)	in the case of an applicant who seeks to stay in Australia for 12 months or more, satisfies public interest criterion 4010.
	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, 5003, 5005 and 5007 to 5009.
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.
[NOTE:	Charges: Any applicable tax under the Migration (Delayed Visa Applications) Tax Act 1992 must be paid before the visa can be granted.]
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.
	419.612	 Any 1 or more of conditions 8501, 8525, 8502, 8301, 8303, 8106, 8516, 8503, 8522 and 8526 may be imposed.
419.7	WAY OF GIVING EVIDENCE
	419.711	Visa label affixed to valid passport.
SUBCLASS 420-ENTERTAINMENT
420.1 INTERPRETATION
	420.111	In this Part:
"Arts Minister" means the Minister for Communications and the Arts.
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 application is made in the migration zone the applicant is:
	(a)	the holder of a Business, Cultural/Social, Educational, Emergency (subclass 303), Expatriate, Family Relationship, Interdependency, Retirement, Supported Dependant, Working Holiday (Temporary), or subclass 427 visa; or
	(b)	the holder of a Long Stay (Visitor), Short Stay (Visitor) or Border (Temporary) visa; or
	(c)	the holder of a Confirmatory (temporary) visa which 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.
420.22	Criteria to be satisfied at time of decision
	420.221	If the application is:
	(a)	made outside Australia; or
	(b)	is made in the migration zone and the applicant does not hold a subclass 420 visa,
the applicant satisfies the criteria in clauses 420.222 to 422.230.
	420.222	(1)	The applicant meets the requirements of subclause (2), (3), (4), (5) or (6).
	(2)	An applicant meets the requirements of this subclause if:
	(a)	the applicant seeks to enter Australia as an entertainer under a performing contract for one or more specific engagements (other than non-commercial engagements of a cultural or educational nature) in Australia to take part in a film or television production that is subsidised in whole or in part by a government in Australia; and
	(b)	entry is sought to perform:
	(i)	in a leading, major supporting or cameo role; or
	(ii)	to satisfy ethnic or other special requirements; and
	(c)	the application is supported by a certificate given by the Arts Minister, or a person authorised by the Arts Minister, confirming that relevant Australian content criteria have been met.
	(3)	An applicant meets the requirements of this subclause if:
	(a)	the applicant seeks to enter Australia as an entertainer under a performing contract for one or more specific engagements (other than non-commercial engagements of a cultural or educational nature) in Australia to take part in a film or television production that is not subsidised in whole or in part by a government in Australia; and
	(b)	entry is sought:
	(i)	to perform in a leading, major supporting or cameo role; or
	(ii)	to satisfy ethnic or other special requirements; and
	(c)	the application is supported by a certificate given by the Arts Minister, or a person authorised by the Arts Minister, confirming that:
	(i)	citizens or residents of Australia have been afforded a reasonable opportunity to participate in all levels of production; and
	(ii)	the foreign investment, or the private investment guaranteed against the foreign returns by a distributor, in the production, is greater than the amount to be expended on entertainers sponsored for entry.
	(4)	An applicant meets the requirements of this subclause if the applicant seeks to enter Australia:
	(a)	as an entertainer under a performing contract that is not related to film or television production for one or more specific engagements in Australia (other than non-commercial engagements of a cultural or educational nature); or
	(b)	to support an entertainer or group of entertainers (whether by assisting performance or by personal services) in relation to a performing contract for one or more specific engagements in Australia; or
	(c)	to direct, produce or take some other part (otherwise than as a performer) in a theatre, film, television or radio production, or a concert or recording to be performed or shown in Australia, being a production, concert or recording that involves the employment of at least one resident of Australia; or
	(d)	as a model or mannequin under contract for advertising or promotional purposes.
	(5)	An applicant meets the requirements of this subclause if the applicant seeks to enter Australia to perform in one or more specific engagements of a cultural nature for non-commercial purposes.
	(6)	An applicant meets the requirements of this subclause if:
	(a)	the applicant seeks to enter Australia under an agreement between Australia and another country; and
	(b)	the Minister is satisfied that the application meets the requirements of the agreement; and
	(c)	the applicant has produced evidence that the applicant's stay in Australia under the agreement has been agreed to by the competent authorities in Australia and in that other country.
	420.223	(1)	Subject to subclauses (2) and (3), the applicant is sponsored by a person or body in Australia, being a person who, or body which:
	(a)	satisfies the Minister that the person or body has good professional and financial standing; and
	(b)	has not defaulted on any previous sponsorship into which the person or body has entered; and
	(c)	holds any necessary licences in respect of the work to which the application relates; and
	(d)	has consulted with relevant Australian unions in relation to the employment or engagement of the applicant in Australia.
	(2)	Subclause (1) does not apply to an applicant who seeks to enter Australia under an agreement mentioned in subclause 420.222 (6).
	(3)	Paragraphs (1) (a) and (d) do not apply in relation to the sponsorship of an applicant who seeks to enter Australia to perform in one or more specific engagements of a cultural nature for non-commercial purposes.
	420.224	If sponsorship is required, sponsorship of the applicant has been approved by the Minister and the sponsorship fee prescribed in regulation 7.27 has been paid.
	420.225	Unless the applicant seeks to enter Australia to perform purely for non-commercial purposes, 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.
	420.226	The applicant satisfies public interest criteria 4001 to 4005 and 4010.
	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 application is made outside Australia and the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5003, 5005 and 5007 to 5009.
	420.229	If the application is made in the migration zone the applicant has complied substantially with the conditions to which the visa (if any) held, or last held, by the applicant is, or was, subject.
	420.230	If the application is made in the migration zone and the applicant was at the time of application the holder of a subclass 420 visa 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 420 visa.
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 aplication 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 .
	420.313	If the application is made in the migration zone, the applicant has complied substantially with the conditions to which:
	(a)	any visa held by the applicant is subject; or
	(b)	any visa held by the applicant immediately before becoming an unlawful non-citizen was subject.
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 applicant is included in any sponsorship required in respect of the member of the family unit who satisfies the primary criteria.
	420.323	If sponsorship is not required for the member of the family unit who satisfies the primary criteria, that person produces to the Minister evidence of adequate means to support the applicant during the period of stay applied for by the applicant, taking into account the working rights of both that family unit member and the applicant.
	420.324	The applicant:
	(a)	in all cases satisfies public interest criteria 4001 to 4005, and
	(b)	in the case of an applicant who seeks to stay in Australia for 12 months or more, satisfies public interest criterion 4010.
	420.325	If the application is made outside Australia and the applicant has previously been in Australia, he or she satisfies special return criteria 5001, 5003, 5005 and 5007 to 5009.
420.4	CIRCUMSTANCES APPLICABLE TO GRANT
	420.411	If the application is made in the migration zone, the applicant must be in the migration zone at the time of grant.
	420.412	If the application is made outside Australia, the applicant must be outside Australia at the time of grant.
[NOTE:	charges: Any applicable tax under the Migration (Delayed Visa Applications) Tax Act 1992 must be paid before the visa can be granted.]
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.
	420.612	Any 1 or more of conditions 8501, 8525, 8502, 8301, 8303, 8106, 8516, 8503, 8522 and 8526 may be imposed.
420.7	WAY OF GIVING EVIDENCE
	420.711	Visa label affixed to 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 application is made in the migration zone the applicant is:
	(a)	the holder of a Business, Cultural/Social, Educational, Emergency (subclass 303), Expatriate, Family Relationship, Interdependency, Retirement, Supported Dependant, Working Holiday (Temporary) or subclass 427 visa; or
	(b)	the holder of a Long Stay (Visitor), Short Stay (Visitor) or Border (Temporary) visa; or
	(c)	the holder of a Confirmatory (Temporary) visa which 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.
421.22	Criteria to be satisfied at time of decision
	421.221	If the application is:
	(a)	made outside Australia; or
	(b)	made in the migration zone and the applicant does not hold a subclass 421 visa;
the applicant satisfies the criteria in clauses 421.222 to 421.229.
	421.222	(1) 	The applicant meets the requirements of subclause (2), (3), (4), (5), (6) or (7).
	(2)	An applicant meets the requirements of this subclause if:
	(a)	the applicant is entered individually or as a member of a team to compete in a sporting event, or sporting events, in Australia, and is not so entered as a Taiwanese national claiming to represent Taiwan, China or the Republic of China; and
	(b)	the applicant satisfies the Minister:
	(i)	that the applicant has sufficient money for the support of the applicant and of any accompanying member of the applicant's family, and of any assistant for whom the applicant is responsible, in Australia; and
	(ii)	that, on arrival in Australia, the applicant and any accompanying family member or assistant of that kind will possess travel tickets to a destination in a foreign country.
	(3)	An applicant meets the requirements of this subclause if the applicant:
	(a)	has been, or is to be, appointed or employed to assist a participant or team referred to in paragraph (2) (a); and
	(b)	satisfies the Minister:
	(i)	that the individual participant or team with whom the applicant is associated will provide complete financial support for the applicant and any accompanying member of the applicant's family in Australia; and
	(ii)	that, on arrival in Australia, the applicant and any accompanying family member will possess travel tickets to a destination in a foreign country.
	(4)	An applicant meets the requirements of this subclause if:
	(a)	the applicant seeks to enter Australia under an arrangement with an organisation in Australia to:
	(i)	be a player, coach or instructor in relation to an Australian team or organisation; or
	(ii)	participate in a training program; and
	(b)	the applicant is sponsored by an Australian citizen, an Australian permanent resident, an eligible New Zealand citizen or an organisation in Australia; and
	(c)	the applicant establishes:
	(i)	if there is a relevant labour agreement between the Minister and an Australian sporting organisation-that the sponsorship is in accordance with the agreement; and
	(ii)	that the sponsor has good financial and professional status in Australia; and
	(iii)	that the applicant has an established reputation in the field of sport; and
	(iv)	that the applicant and the sponsor have entered into a formal arrangement relating to the applicant's prospective activities in Australia; and
	(d)	approval of the application would not result in the number of subclass 421 visas granted in a financial year on the basis of the satisfaction of the requirements of this subclause exceeding the maximum number of such visas specified, by Gazette Notice, for the purposes of this paragraph in respect of that financial year.
	(5)	An applicant meets the requirements of this subclause if:
	(a)	the applicant seeks to enter Australia under a business arrangement with an organisation in Australia to be a sports instructor, and that arrangement is approved in writing by the Minister; and
	(b)	the applicant is sponsored by an Australian citizen, an Australian permanent resident, an eligible New Zealand citizen or an organisation in Australia; and
	(c)	the applicant establishes that:
	(i)	labour market requirements have been met; and
	(ii)	the applicant's qualifications and experience are suitable for the position to which the application relates; and
	(iii)	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; and
	(iv)	the employer has a satisfactory training record; and
	(d)	the applicant satisfies the Minister that undertaking the arrangement will benefit Australia.
	(6)	An applicant meets the requirements of this subclause if:
	(a)	the applicant seeks to enter Australia to act as a judge or adjudicator at shows or competitions in Australia; and
	(b)	the applicant:
	(i)	produces a written invitation or request to act as a judge or adjudicator as stated in the application; and
	(ii)	provides an itinerary listing the engagements as a judge or adjudicator to be undertaken by the applicant; and
	(iii)	if intending to stay in Australia for more than 4 months-is sponsored by an Australian citizen, an Australian permanent resident, an eligible New Zealand citizen or an organisation operating in Australia.
	(7)	An applicant meets the requirements of this subclause if the
applicant:
	(a)	seeks to enter Australia temporarily under an agreement between Australia and another country, and the Minister is satisfied that the application meets the requirements of the agreement; and
	(b)	has produced evidence that the applicant's stay in Australia under the agreement has been agreed to by the competent authorities in Australia and in that other country.
	421.223	If:
	(a)	the applicant is a person to whom subclause 421.222 (2) or (3) applies; and
	(b)	the intended period of the applicant's stay in Australia does not exceed 4 months;
the applicant:
	(c)	provides a letter of invitation from an organisation in Australia in relation to the participation in an event or events in Australia of the applicant or a person or team with whom the applicant is associated, or satisfactory evidence that an entry for an event in Australia has been accepted; or
	(d)	is an individual competitor, or is assisting an individual competitor or a team, known internationally and having a record of participation in international events.
421.224 If:
	(a)	the applicant is a person to whom subclause 421.222 (2) or (3) applies; and
	(b)	the intended period of the applicant's stay exceeds 4 months;
the applicant:
	(c)	is sponsored by an Australian citizen, an Australian permanent resident, an eligible New Zealand citizen or an organisation in Australia; or
	(d)	is an individual competitor, or is associated with an individual competitor or a team, known internationally and having a record of participation in international events.
	421.225	The applicant satisfies public interest criteria 4001 to 4005 and 4010.
	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, 5003, 5005 and 5007 to 5009.
	421.228	If the application is made in the migration zone the applicant has complied substantially with the conditions to which the visa, (if any) held, or last held, by the applicant is, or was, subject.
	421.229	If the application is made in the migration zone and the application is in respect of a proposed stay in Australia of more than 4 months, the applicant:
	(a)	is sponsored by an Australian citizen, an Australian permanent resident, an eligible New Zealand citizen or an organisation operating in Australia; or
	(b)	is an individual competitor, or is associated with an individual competitor or a team, known internationally and having a record of participation in international events.
	421.230	If the application is made in the migration zone and the applicant was at the time of application the holder of a subclass 421 visa, 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 421 visa.
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 .
	421.313	If the application is made in the migration zone, the applicant has complied substantially with the conditions to which;
	(a)	any visa held by the applicant is subject; or
	(b)	any visa held by the applicant before becoming an unlawful non-citizen was subject.
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 applicant is included in any sponsorship required in respect of the member of the family unit who satisfies the primary criteria.
	421.323	If sponsorship is not required for the person who satisfies the primary criteria, that person produces to the Minister evidence of adequate means to support the applicant during the period of stay applied for by the applicant, taking into account the working rights of both that person and the applicant.
	421.324	The applicant:
	(a)	in all cases, satisfies public interest criteria 4001 to 4005, and
	(b)	in the case of an applicant who seeks to stay in Australia for 12 months or more, satisfies public interest criterion 4010.
	421.325	If the application is made outside Australia and the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5003, 5005 and 5007 to 5009.
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.
[NOTE:	Charges: Any applicable tax under the Migration (Delayed Visa Applications) Tax Act 1992 must be paid before the visa can be granted.]
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.
	421.612	Any 1 or more of conditions 8501, 8525, 8502, 8301, 8303, 8106, 8107, 8516, 8503, 8522 and 8526 may be imposed.
421.7	WAY OF GIVING EVIDENCE
	421.711	Visa 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 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.]
422.21	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.]
	422.211	If the application is made in the migration zone the applicant is :
	(a)	the holder of a Business (Temporary), Educational, Cultural/Social (Temporary), Expatriate (Temporary), Family Relationship (Temporary), Interdependency (Temporary), Retirement (Temporary), Supported Dependant (Temporary), Working Holiday (Temporary), subclass 300, or subclass 427 visa; or
	(b)	the holder of a Student (Temporary), Long Stay (Visitor), Short Stay (Visitor) or Border (Temporary) visa; or
	(c)	the holder of a Confirmatory (temporary) 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 the application is:
	(a)	made outside Australia; or
	(b)	made in the migration zone and the applicant does not hold a subclass 422 visa;
the applicant satisfies the criteria in clauses 422.222 to 422.227.
	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 sponsorship of the applicant under paragraph 422.222 (2) (c) has been approved by the Minister and the sponsorship fee specified in regulation 7.27 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 satisfies public interest criteria 4001 to 4005 and 4010.
	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 application is made outside Australia and the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5003, 5005 and 5007 to 5009.
	422.227	(1)	If the application is made in the migration zone, the applicant meets the requirements of subclauses (2), (3) and (4).
	(2)	An applicant meets the requirements of this subclause if he or she has complied substantially with the conditions to which the visa (if any) held, or last held, by the applicant is, or was, subject.
	(3)	An applicant meets the requirements of this subclause if, at the time of application, the applicant was the holder of a Student (Temporary) visa and:
	(a)	the applicant has successfully completed a course in Australia at
Associate Diploma level 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; and
	(e)	if the applicant is a student under a scholarship scheme or training program approved by AIDAB, the applicant has the support of AIDAB for the grant of the visa.
	(4)	An applicant meets the requirements of this subclause if, at the time of application, the applicant was the holder of a Long Stay (Visitor), a Short Stay (Visitor) or Working Holiday (Temporary) visa and:
	(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;
	(ii)	in the circumstances, the intended employer should not be required to seek a suitable employee in Australia.
	422.228	If the application is made in the migration zone and the applicant was the holder of a subclass 422 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 criteria for the grant of a subclass 422 visa.
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]
422.31	Criteria to be satisfied at time of application
	422.311	The applicant is a member of the family unit of a person who has applied for a subclass 422 visa.
	422.312	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 .
	422.313	If the application is made in the migration zone, the applicant has complied substantially with the conditions to which:
	(a)	any visa held by the applicant is subject; or
	(b)	any visa held by the applicant before becoming an unlawful non-citizen was subject.
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 to 4005; and
	(b)	in the case of an applicant who seeks to stay in Australia for 12 months or more, satisfies public interest criterion 4010.
	422.326	If the application is made outside Australia and if the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5003, 5005 and 5007 to 5009.
422.4	CIRCUMSTANCES APPLICABLE TO GRANT
	422.411	If the application is made in the migration zone, the applicant must be in the migration zone at the time of grant.
	422.412	If the application is made outside Australia, the applicant must be outside Australia at the time of grant.
(NOTE:	CHARGES:	Any applicable tax under the Migration (Delayed Visa Applications) Tax Act 1992 must be paid before the visa can be granted)
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.
	422.612	Any 1 or more of conditions 8501, 8525, 8502, 8301, 8303, 8106, 8107, 8516, 8503, 8522 and 8526 may be imposed.
422.7	WAY OF GIVING EVIDENCE
422.711	Visa 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 application is made in the migration zone the applicant is :
	(a)	the holder of a Business, Cultural/Social, Educational, Emergency (subclass 303), Expatriate, Family Relationship, Interdependency, Retirement, Supported Dependant or Working Holiday (Temporary) or subclass 427 visa; or
	(b)	is the holder of a Long Stay (Visitor), Short Stay (Visitor) or Border (Temporary) visa; or
	(c)	the holder of a Confirmatory (temporary) visa which 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.
423.22	Criteria to be satisfied at time of decision
	423.221	If the application is:
	(a)	made outside Australia; or
	(b)	made in the migration zone and the person does not hold a subclass 423 visa;
the applicant satisfies the criteria in clauses 423.222 to 432.229.
	423.222	(1)	If the applicant seeks to enter Australia temporarily, the applicant meets the requirements of subclause (2), (3) or (4).
	(2)	An applicant meets the requirements of this subclause if the applicant seeks to represent an overseas news organisation as a journalist, correspondent or reporter and:
	(a)	either:
	(i)	if the organisation is not represented in Australia, the applicant provides a statement from the organisation detailing the intended activities of the organisation in Australia and the Minister is satisfied that:
	(A)	representation of the organisation in Australia would not be contrary to the interests of Australia; and
	(B)	the organisation would support the applicant financially in Australia and arrange for the applicant's departure from Australia on or before the day of expiry of the visa; or
	(ii)	if the organisation is represented in Australia, the Minister is satisfied that:
	(A)	there is no suitable person in Australia who is capable of doing, and available to do, the work envisaged for the applicant; and
	(B)	that the work would not be contrary to the interests of Australia; and
	(b)	if the intended period of stay in Australia is more than 4 months, the applicant is sponsored by an Australian citizen, an Australian permanent resident, an eligible New Zealand citizen, or an organisation operating in Australia.
	(3)	An applicant meets the requirements of this subclause if the applicant seeks to make a documentary program or a commercial that is exclusively for overseas use, and the Minister is satisfied that:
	(a)	there is no suitable person in Australia who is capable of doing, and available to do, the work envisaged for the applicant; and
	(b)	that work would not be contrary to the interests of Australia; and
	(c)	if the intended period of stay in Australia is more than 4 months, the applicant is sponsored by an Australian citizen, an Australian permanent resident or an organisation operating in Australia.
	(4)	An applicant meets the requirements of this subclause if the applicant:
	(a)	seeks to enter Australia temporarily under an agreement between Australia and another country; and
	(b)	has produced evidence that the applicant's stay in Australia under the agreement has been agreed to by the competent authorities in Australia and in that other country; and
	(c)	the Minister is satisfied that the application meets the requirements of the agreement.
	423.223	If sponsorship is required under 423.222 (2) (b) or (3) (c):
	(a)	a sponsorship of the applicant has been approved by the Minister; and 
	(b)	the sponsorship fee prescribed in regulation 7.27 has been paid.
	423.224	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.
	423.225	The applicant satisfies public interest criteria 4001 to 4005 and 4010.
	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, 5003, 5005 and 5007 to 5009.
	423.228	If the application is made in the migration zone the applicant has complied substantially with the conditions to which the visa (if any) held, or last held, by the applicant is, or was, subject.
	423.229	If the application is made in the migration zone and:
	(a)	the applicant was, at the time of application, the holder of:
	(i)	a Business, Cultural/Social, Educational, Emergency (subclass 303), Expatriate, Family Relationship, Interdependency, Retirement, Supported Dependant or Border (Temporary) visa; or
	(ii)	the holder of a Confirmatory (Temporary) visa which was granted on the grounds that the applicant satisfied the criteria for one of the visas specified in subparagraph (i) ; and
	(b)	the grant of the visa would allow the applicant a total period of stay in Australia of more than 4 months as a temporary resident;
the applicant is sponsored by an intended employer.
	423.230	If the application is made in the migration zone and the applicant was the holder of a subclass 423 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 423 visa.
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 .
	423.313	If the application is made in the migration zone the applicant has complied substantially with the conditions to which:
	(a)	any visa held by the applicant is subject; or
	(b)	any visa held by the applicant before becoming an unlawful non-citizen was subject.
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 applicant is included in any sponsorship required in respect of the person who satisfies the primary criteria.
	423.323	If sponsorship is not required for the member of the family unit who satisfies the primary criteria, that person produces to the Minister evidence of adequate means to support the applicant during the period of stay applied for by the applicant, taking into account the working rights of both that family unit member and the applicant.
	423.324	The applicant:
	(a)	in all cases, satisfies public interest criteria 4001 to 4005; and
	(b)	in the case of an applicant who seeks to stay in Australia for 12 months or more, satisfies public interest criterion 4010.
	423.325	If the application is made outside Australia and if the applicant has previously been in Australia, satisfies special return criteria 5001, 5003, 5005 and 5007 to 5009.
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.
[NOTE:	Charges: Any applicable tax under the Migration (Delayed Visa Applications) Tax Act 1992 must be paid before the visa can be granted.]
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.
	423.612	Any 1 or more of conditions 8501, 8525, 8502, 8301, 8303, 8106, 8516, 8503, 8522 and 8526 may be imposed.
423.7	WAY OF GIVING EVIDENCE
423.711	Visa label affixed to a valid passport.
SUBCLASS 424-PUBLIC LECTURER
424.1	INTERPRETATION
[NOTE:	No interpretation provisions specific to this Part.]
424.2	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.]
424.21	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.)
	424.211	If the application is made in the migration zone, the applicant is:
	(a)	the holder of a Business, Cultural/Social, Educational, Expatriate, Family Relationship, Interdependency, Retirement, Supported Dependant, Working Holiday (Temporary) subclass 300 or subclass 427 visa; or
	(b)	the holder of a Student (Temporary), Long Stay (Visitor), Short Stay (Visitor), Special Tourist (Visitor) or Border (Temporary) visa; or
	(c)	the holder of a Confirmatory (temporary) 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 6 criteria 6005 and 6006; 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 6 criteria 6004, 6005 and 6006.
424.22	Criteria to be satisfied at time of decision
	424.221	If the application is:
	(a)	made outside Australia; or
	(b)	made in the migration zone and the applicant does not hold a subclass 424 visa;
the applicant satisfies clauses 424.222 to 424.230.
	424.222	The applicant:
	(a)	seeks to enter Australia to deliver 1 or more public lectures in Australia; and
	(b)	provides details of the times when, and the places where, the applicant intends to lecture.
	424.223	If the applicant seeks to enter Australia under an agreement between Australia and another country:
	(a)	the Minister is satisfied that the application meets the requirements of the agreement; and
	(b)	the applicant has produced evidence that the applicant's stay in Australia under the agreement has been agreed to by the competent authorities in Australia and in that other country.
	424.224	If the applicant intends to lecture at the invitation of, or on behalf of, a person or organisation in Australia:
	(a)	if the applicant intends to stay in Australia for not more than 4 months - the person or organisation invites the applicant in writing and the applicant produces the invitation to the Minister; or
	(b)	if the applicant intends to stay in Australia for more than 4 months and the applicant is not a person to whom clause 424.223 applies – the applicant is sponsored by the person or organisation.
	424.225	If sponsorship is required under clause 424.224:
	(a)	a sponsorship of the applicant has been approved by the Minister; and
	(b)	the sponsorship fee prescribed in regulation 7.27 has been paid.
	424.226	The applicant satisfies public interest criteria 4001 to 4005 and 4010.
	424.227	The Minister is satisfied that the applicant intends to comply with any conditions subject to which the visa is granted.
	424.228	If the application is made outside Australia and the applicant has previously been in Australia, the applicant satisfies special re-entry criteria 5001, 5003, 5005, 5007, 5009 and 5010.
	424.229	If:
	(a)	the applicant was, at the time of application, the holder of:
	(i)	a Business, Cultural/Social, Educational, Emergency (subclass 303), Expatriate, Family Relationship, Interdependency, Retirement, Supported Dependant Class visa, subclass 427, or Border (Temporary) Class 773 visa; or
	(ii)	the holder of a Confirmatory (Temporary) visa which was granted on the grounds that the applicant satisfied the criteria for one of the visas specified in subparagraph (i); and
	(b)	the grant of the visa would allow the applicant a total period of stay in Australia of more than 4 months as a temporary resident;
the applicant is sponsored by the person who, or organisation that, invited the applicant to lecture.
	424.230	The applicant has complied substantially with the conditions to which the visa (if any) held, or last held, by the applicant is, or was, subject.
	424.231	If the application is made in the migration zone and the applicant was the holder of a subclass 424 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 criteria for the grant of a subclass 424 visa.
424.3	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.]
424.31	Criteria to be satisfied at time of application
	424.311	The applicant is a member of the family unit of a person who has applied for a subclass 424 visa.
	424.312	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 .
	424.313	If the application is made in the migration zone, the applicant has complied substantially with the conditions to which:
	(a)	any visa held by the applicant is subject; or
	(b)	any visa held by the applicant before becoming an unlawful non-citizen was subject.
424.32	Criteria to be met at time of decision
	424.321	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 424 visa.
	424.322	The applicant is included in any sponsorship required in respect of the person who satisfies the primary criteria for the grant of a subclass 424 visa.
	424.323	If sponsorship is not required for the member of the family unit who satisfies the primary criteria, that family unit member produces to the Minister evidence of adequate means to support the applicant during the period of stay applied for by the applicant, taking into account the working rights of both that family unit member and the applicant.
	424.324	The applicant:
	(a)	in all cases, satisfies public interest criteria 4001 to 4005; and
	(b)	in the case of an applicant who seeks to stay in Australia for 12 months or more, satisfies public interest criterion 4010.
	424.326	If the application is made outside Australia and if the applicant has previously been in Australia, the applicant satisfies special re-entry criteria 5001, 5003, 5005, 5007, 5009 and 5010.
424.4	CIRCUMSTANCES APPLICABLE TO GRANT
	424.411	If the application is made in the migration zone, the applicant must be in the migration zone at time of grant.
	424.412	If the application is made outside Australia, the applicant must be outside Australia at time of grant.
[NOTE:	Charges: Any applicable tax under the Migration (Delayed Visa Applications) Tax Act 1992 must be paid before the visa can be granted.]
424.5	WHEN VISA IS IN EFFECT
	424.511	Temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister for the purpose.
424.6	CONDITIONS
	424.611	If the applicant meets the primary criteria, condition 9216.
	424.612	Any 1 or more of conditions 9109, 9112, 9205, 9206, 9212, 9215, 9222, 9225, 9226 and 9228 may be imposed.
424.7	WAY OF GIVING EVIDENCE
	424.711	Visa label affixed to a valid passport.
SUBCLASS 425-FAMILY RELATIONSHIP
425.1	INTERPRETATION
[NOTE:	No interpretation provisions specific to this Part.]
425.2	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 avisa of this subclass need satisfy only the secondary criteria.)
425.21	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.]
	425.211	If the application is made in the migration zone the applicant is:
	(a)	the holder of a Business, Cultural/Social, Educational, Emergency (subclass 303), Expatriate, Family Relationship, Interdependency, Retirement, Supported Dependant, Working Holiday (Temporary) or subclass 427 visa; or
	(b)	is the holder of a Long Stay (Visitor), Short Stay (Visitor) or Border (Temporary) visa; or
	(c)	the holder of a Confirmatory (temporary) 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.
425.22	Criteria to be satisfied at time of decision
	425.221	If the application is:
	(a)	made outside Australia; or
	(b)	made in the migration zone and the applicant does not hold a subclass 425 visa;
the applicant satisfies the criteria in clauses 425.222 to 425.227.
	425.222	The applicant has not turned 18 and is not married.
	425.223	The Minister is satisfied that:
	(a)	if granted entry to Australia, the applicant would live with a family in Australia who are the applicant's relatives, or have close family connections with the applicant's family; and
	(b)	the family in Australia is able to provide the applicant with accommodation and financial support for the period of the applicant's stay in Australia; and
	(c)	at least 1 member of the family in Australia is an Australian citizen, an Australian permanent resident, or an eligible New Zealand citizen, and is living with that family; and
	(d)	the main purpose of the stay would not be to improve the applicant's proficiency in English or to undertake formal studies; and
	(e)	the applicant does not intend to stay longer than 12 months in Australia.
	425.224	The applicant satisfies public interest criteria 4001 to 4005 and 4010.
	425.225	The Minister is satisfied that the applicant intends to comply with any conditions subject to which the visa is granted.
	425.226	If the application is made outside Australia and the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5003, 5005 and 5007 to 5009.
	425.227	If the application is made in the migration zone the applicant has complied substantially with the conditions to which the visa (if any) held, or last held, by the applicant is, or was, subject.
	425.228	If the application is made in the migration zone and the applicant was the holder of a subclass 425 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 criteria for the grant of a subclass 425 visa.
425.3	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.]
425.31	Criteria to be satisfied at time of application
	425.311	The applicant is a member of the family unit of a person who has applied for a subclass 425 visa.
	425.312	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 that family unit.
	425.313	If the application is made in the migration zone, the applicant has complied substantially with the conditions to which:
	(a)	any visa held by the applicant is subject; or
	(b)	any visa held by the applicant before becoming an unlawful non-citizen was subject.
425.32	Criteria to be met at time of decision
	425.321	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 425 visa.
	425.322	The member of the family unit who meets the primary criteria for grant of the subclass 425 visa produces to the Minister evidence of adequate means to support the applicant during the period of stay applied for by the applicant, taking into account the working rights of both that family unit member and the applicant.
	425.323	The applicant:
	(a)	in all cases satisfies public interest criteria 4001 to 4005; and
	(b)	in the case of an applicant who seeks to stay in Australia for 12 months or more, satisfies public interest criterion 4010.
	425.324	If the application is made outside Australia and if the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5003, 5005 and 5007 to 5009.
425.4	CIRCUMSTANCES APPLICABLE TO GRANT
	425.411	If the application is made in the migration zone, the applicant must be in the migration zone at the time of grant.
	425.412	If the application is made outside Australia, the applicant must be outside Australia at the time of grant.
[NOTE:	Charges: Any applicable tax under the Migration (Delayed Visa Applications) Tax Act 1992 must be paid before the visa can be granted.]
425.5	WHEN VISA IS IN EFFECT
	425.511	Temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister for the purpose.
425.6	CONDITIONS
425.611 Condition 8101.
	425.612	Any 1 or more of conditions 8501, 8525, 8502, 8301, 8303, 8106, 8516, 8503, 8522 and 8526 may be imposed.
425.7	WAY OF GIVING EVIDENCE
	425.711	Visa 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:	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.]
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 met 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 the application is:
	(a)	made outside Australia; or
	(b)	made in the migration zone and the applicant does not hold a subclass 426 visa;
the applicant satisfies clauses 426.222 to 426.229.
	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 a diplomatic or consular representative in Australia of another country; 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 to 4005 and 4010.
	426.225	The applicant has complied substantially with any conditions to which the visa described in paragraph 426.211(a) is subject.
	426.226	If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5003, 5005 and 5007 to 5009.
	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 a diplomatic or consular representative in Australia of the same or another country; 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.
426.3	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.]
426.31	Criteria to be satisfied at time of application
	426.311	The applicant is a member of the family unit of a person who has applied for a subclass 426 visa.
	426.312	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 .
	426.313	If the application is made in the migration zone, the applicant has complied substantially with the conditions to which:
	(a)	any visa held by the applicant is subject; or
	(b)	any visa held by the applicant before becoming an unlawful non-citizen was subject.
426.32	Criteria to be satisfied at time of decision
	426.321	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 426 visa.
	426.323	The member of the family unit 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, taking into account the working rights of both that family unit member and the applicant.
	426.324	The application has the support in writing of the Foreign Minister.
	426.325	The applicant:
	(a)	in all cases, satisfies public interest criteria 4001 to 4005; and
	(b)	in the case of an applicant who seeks to stay in Australia for 12 months or more, satisfies public interest criterion 4010.
	426.326	If the application is made outside Australia and if the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5003, 5005 and 5007 to 5009.
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.
[NOTE:	Charges: Any applicable tax under the Migration (Delayed Visa Applications) Tax Act 1992 must be paid before the visa can be granted.]
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	Condition 8110 and, if the applicant satisfies the primary criteria, condition 8107.
	426.612	Any 1 or more of conditions 8501, 8525, 8502, 8301, 8303, 8106, 8516, 8503, 8522 and 8526 may be imposed.
426.7	WAY OF GIVING EVIDENCE
	426.711	Visa 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 application is made in the migration zone the applicant is either:
	(a)	the holder of a Business, Cultural/Social, Emergency (subclass 303), Educational, Expatriate, Family Relationship, Interdependency, Retirement, Supported Dependant, Working Holiday (Temporary) or subclass 427 visa; or
	(b)	the holder of a Long Stay (Visitor), Short Stay (Visitor) or Border (Temporary) visa; or
	(c)	the holder of a Confirmatory (temporary) visa which 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.
427.22	Criteria to be satisfied at time of decision
	427.221	If the application is:
	(a)	made outside Australia; or
	(b)	made inside the migration zone and the applicant does not hold a subclass 427 visa, the applicant satisfies criteria 427.222 to 427.232.
	427.222	The applicant seeks to enter Australia to undertake full-time domestic duties in the household of an executive who:
	(a)	is in charge of an Australian office of an overseas organisation; and
	(b)	is the holder of a subclass 412 visa or a subclass 413 visa.
	427.223	If the executive is sponsored by an organisation in Australia, the applicant gives satisfactory evidence to the Minister that the applicant is sponsored by that organisation.
	427.224	If the executive is not sponsored by an organisation in Australia, the applicant lodges with the application:
	(a)	an employment agreement, acceptable to the Minister, between the applicant and the executive for the performance of full-time domestic duties in the household of the executive; and
	(b)	an undertaking by the executive to be responsible for:
	(i)	all financial liabilities of the applicant arising out of the applicant's stay in Australia; and
	(ii)	compliance by the applicant with:
	(A)	all legislation and awards (including State or Territory legislation and awards) relating to the applicant's proposed employment; and
	(B)	the departure of the applicant from Australia not later than the departure of the executive from Australia.
	427.225	The executive:
	(a)	establishes:
	(i)	that the executive has been unable to find a suitable person in Australia for the relevant position; or
	(ii)	that there are compelling reasons for employing the applicant; and
	(b)	produces a written undertaking:
	(i)	to meet all the applicant's travel expenses to Australia to take up the position and to a destination outside Australia on the expiry of the contract of employment and not later than the time of expiry of the visa; and
	(ii)	not to seek to recover any expenditure by the executive in relation to the applicant's travel to or from Australia or financial support of the applicant in Australia.
	427.226	The applicant has turned 18 and has experience as a domestic worker.
	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 satisfies public interest criteria 4001 to 4005 and 4010.
	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, 5003, 5005 and 5007 to 5009.
	427.231	Either:
	(a)	the sponsorship of the applicant under clause 427.223 (2) has been approved by the Minister; or
	(b)	the documents mentioned in clause 427.223 (3) have been lodged with the Minister;
as the case requires, and the sponsorship fee specified in regulation 7.27 has been paid.
	427.232	If the application is made in the migration zone the applicant has complied substantially with the conditions to which the visa (if any) held, or last held, by the applicant is, or was, subject.
	427.233	If the application is made in the migration zone, and the applicant was at the time of application the holder of a subclass 427 visa, 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 427 visa.
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 .
	427.313	If the application is made in the migration zone, the applicant has complied substantially with the conditions to which:
	(a)	any visa held by the applicant is subject; or
	(b)	any visa held by the applicant before becoming an unlawful non-citizen was subject.
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 applicant is included in any sponsorship required in respect of the person who satisfies the primary criteria.
	427.323	If sponsorship is not required for the member of the family unit who satisfies the primary criteria, that family unit member produces to the Minister evidence of adequate means to support the applicant during the period of stay applied for by the applicant, taking into account the working rights of both that family unit member and the applicant.
	427.324	The applicant:
	(a)	in all cases, satisfies public interest criteria 4001 to 4005; and
	(b)	in the case of an applicant who seeks to stay in Australia for 12 months or more, satisfies public interest criterion 4010.
	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, 5003, 5005 and 5007 to 5009.
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.
[NOTE:	CHARGES:	Any applicable tax under the Migration (Delayed Visa Applications) Tax Act 1992 must be paid before the visa can be granted.]
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.
	427.612	Any 1 or more of conditions 8501, 8502, 8301, 8303, 8106, 8516, 8522, 8503 and 8526 may be imposed.
427.7	WAY OF GIVING EVIDENCE
	427.711	Visa 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 application is lodged in the migration zone, the applicant
is:
	(a)	the holder of a Business, Cultural/Social, Educational, Expatriate, Family Relationship, Interdependency, Retirement, Supported Dependant, Working Holiday (Temporary), subclass 303 or subclass 427 visa; or
	(b)	is the holder of a Long Stay (Visitor), Short Stay (Visitor) or Border (Temporary) visa; or
	(c)	the holder of a Confirmatory (temporary) 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.
428.22	Criteria to be satisfied at time of decision
	428.221	If the application is:
	(a)	made outside Australia; or
	(b)	made in the migration zone and the applicant does not hold a subclass 428 visa;
the applicant meets the requirements of clauses 428.222 to 428.228.
	428.222	The applicant is sponsored by a religious organisation in Australia to undertake work in Australia that directly serves the religious objectives of the organisation, and the sponsorship has been approved by the Minister and the sponsorship fee prescribed in regulation 7.27 has been paid.
	428.223	The applicant provides a written undertaking by the religious organisation:
	(a)	to meet all the applicant's travel expenses to a place in a foreign country on:
	(i)	the expiry of the sponsorship; or
	(ii)	the expiry of the visa;
whichever is the earlier; and
	(b)	not to seek to recover from the applicant any expenditure by the religious organisation in relation to the applicant's travel to or from Australia, or in relation to financial support of the applicant in Australia.
	428.224	If the application relates to a proposed stay in Australia for more than 6 months, the applicant is able to:
	(a)	ask and answer simple questions in English; and
	(b)	write simple statements in English about everyday matters; and
	(c)	complete simple forms in English.
	428.225	The applicant satisfies public interest criteria 4001 to 4005 and 4010.
	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, 5003, 5005 and 5007 to 5009.
	428.228	The applicant has complied substantially with the conditions to which the visa, (if any) held, or last held, by the applicant is, or was, subject.
	428.229	If the application is made in the migration zone and the applicant was the holder of a subclass 428 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 428 visa.
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.
	428.313	If the application is lodged in the migration zone, the applicant has complied substantially with the conditions to which:
	(a)	any visa held by the applicant is subject; or
	(b)	any visa held by the applicant before becoming an unlawful non-citizen was subject.
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 applicant is included in the sponsorship required in respect of the person who meets the primary criteria.
	428.323	The applicant:
	(a)	in all cases, satisfies public interest criteria 4001 to 4005; and
	(b)	in the case of an applicant who seeks to stay in Australia for 12 months or more, satisfies public interest criterion 4010.
	428.324	If the application is lodged outside Australia and if the applicant has previously been in Australia, satisfies special return criteria 5001, 5003, 5005 and 5007 to 5009.
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.
[NOTE:	Charges: Any applicable tax under the Migration (Delayed Visa Applications) Tax Act 1992 must be paid before the visa can be granted.]
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 8303, 8107 and 8521.
	428.612	Any 1 or more of conditions 8501, 8525, 8502, 8301, 8303, 8106, 8107, 8516, 8503, 8522 and 8526 may be imposed.
428.7	WAY OF GIVING EVIDENCE
	428.711	Visa label affixed to a valid passport.
SUBCLASS 430-SUPPORTED DEPENDENT
430.1	INTERPRETATION
[NOTE:	No interpretation provisions specific to this Part.]
430.2	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.]
430.21	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.]
	430.211	If the application is made in the migration zone the applicant is:
	(a)	the holder of a Business, Cultural/Social, Educational, Emergency (subclass 303), Expatriate, Family Relationship, Interdependency, Retirement, Supported Dependant, Working Holiday (Temporary), or subclass 427 visa, or
	(b)	is the holder of a Long Stay (Visitor), Short Stay (Visitor) or Border (Temporary) visa; or
	(c)	the holder of a Confirmatory (temporary) visa which 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.
430.22	Criteria to be satisfied at time of decision
	430.221	If the application is:
	(a)	made outside Australia; or
	(b)	made in the migration zone and the applicant does not hold a subclass 430 visa;
the applicant satisfies the criteria in clauses 430.222 to 430.226.
	430.222	The applicant is a dependant of a person who is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen and the application is supported in writing by that person.
	430.223	The applicant satisfies public interest criteria 4001 to 4005 and 4010.
	430.224	The Minister is satisfied that the applicant intends to comply with any conditions subject to which the visa is granted.
	430.225	If the application is made outside Australia and the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5003, 5005 and 5007 to 5009.
	430.226	If the application is made in the migration zone, the applicant has complied substantially with the conditions to which the visa (if any) held, or last held, by the applicant is, or was, subject.
	430.227	If the application is made in the migration zone and the applicant was at the time of application the holder of a subclass 430 visa, 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 430 visa.
430.3	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.]
430.31	Criteria to be satisfied at time of application
	430.311	The applicant is a member of the family unit of a person who has applied for a subclass 430 visa.
	430.312	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.
	430.313	If the application is made in the migration zone, the applicant has complied substantially with the conditions to which:
	(a)	any visa held by the applicant is subject; or
	(b)	any visa held by the applicant before becoming an unlawful non-citizen was subject.
430.32	Criteria to be satisfied at time of decision
	430.321	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 430 visa.
	430.322	The member of the family unit 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, taking into account the working rights of both that family unit member and the applicant.
	430.323	The applicant:
	(a)	in all cases satisfies public interest criteria 4001 to 4005, and
	(b)	in the case of an applicant who seeks to stay in Australia for 12 months or more, satisfies public interest criterion 4010.
	430.324	If the application is made outside Australia and the applicant has previously been in Australia, the applicant satisfies special returnntry criteria 5001, 5003, 5005 and 5007 to 5009.
430.4	CIRCUMSTANCES APPLICABLE TO GRANT
	430.411	If the application is made in the migration zone, the applicant must be in the migration zone at the time of grant.
	430.412	If the application is made outside Australia, the applicant must be outside Australia at the time of grant.
[NOTE:	Charges: Any applicable tax under the Migration (Delayed Visa Applications) Tax Act 1992 must be paid before the visa can be granted.]
430.5	WHEN VISA IS IN EFFECT
	430.511	Temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister for the purpose.
430.6	CONDITIONS
	430.611	Any 1 or more of conditions 8501, 8525, 8502, 8301, 8303, 8106, 8107, 8516, 8503, 8522 and 8526 may be imposed.
430.7	WAY OF GIVING EVIDENCE
	430.711	Visa label affixed to a valid passport.
SUBCLASS 432-EXPATRIATE (TEMPORARY)
432.1	INTERPRETATION
[NOTE:	No interpretation provisions specific to this Part.]
432.2	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.]
432.21	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.]
	432.211	If the application is made in the migration zone the applicant either:
	(a)	is the holder of a Business, Cultural/Social, Educational, Emergency (subclass 303), Expatriate, Family Relationship, Interdependency, Retirement, Supported Dependant, Working Holiday (Temporary) or subclass 427 visa; or
	(b)	is the holder of a Long Stay (Visitor), Short Stay (Visitor) or Border (Temporary) visa; or
	(c)	the holder of a Confirmatory (temporary) visa which 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.
432.22	Criteria to be satisfied at time of decision
	432.221	If the application is:
	(a)	made outside Australia; or
	(b)	made in the migration zone and the applicant does not hold a subclass 432 visa;
the applicant satisfies the criteria in subclauses 432.222 to 432.230.
	432.222	The applicant is a spouse or dependant of an employee of a reputable international company.
	432.223	The employee has been assigned by the company to work in a remote location in South East Asia, the South Pacific or Papua New Guinea.
	432.224	The applicant wishes to reside in Australia for part or all of the term of the assignment.
	432.225	The company is dependent on Australia for supplies or has other business associations with Australia.
	432.226	The company gives a written undertaking:
	(a)	to be responsible for the departure from Australia to a destination outside Australia of the applicant, and of members of the family unit of that person, not later than the time of expiry of the visa; and
	(b)	to bear all costs of travel to that destination.
	432.227	The applicant satisfies public interest criteria 4001 to 4005 and 4010.
	432.228	The Minister is satisfied that the applicant intends to comply with any conditions subject to which the visa is granted.
	432.229	If the application is made outside Australia and the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5003, 5005 and 5007 to 5009.
	432.230	If the application is made in the migration zone, the applicant has complied substantially with the conditions to which the visa (if any) held,or last held, by the applicant is, or was, subject.
	432.231	If the application is made in the migration zone and the applicant was at the time of application the holder of a subclass 432 visa, 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 432 visa.
432.3	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.]
432.31	Criteria to be satisfied at time of application
	432.311	The applicant is a member of the family unit of a person who has applied for a subclass 432 visa.
	432.312	If the application is made outside Australia and the application is made separately from that of the member of the family unit satisfying the primary criteria:
	(a)	that member of the family unit 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 .
	432.313	If the application is made in the migration zone, the applicant has complied substantially with the conditions to which:
	(a)	any visa held by the applicant is subject; or
	(b)	any visa held by the applicant before becoming an unlawful non-citizen was subject.
432.32	Criteria to be satisfied at time of decision
	432.321	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 432 visa.
	432.322	The member of the family unit 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, taking into account the working rights of both that family unit member and the applicant.
	432.323	The applicant:
	(a)	in all cases, satisfies public interest criteria 4001 to 4005; and
	(b)	in the case of an applicant who seeks to stay in Australia for 12 months or more, satisfies public interest criterion 4010.
	432.324	If the application is made outside Australia and if the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5003, 5005 and 5007 to 5009.
432.4	CIRCUMSTANCES APPLICABLE TO GRANT
	432.411	If the application is made in the migration zone, the applicant must be in the migration zone at the time of grant.
	432.412	If the application is made outside Australia, the applicant must be outside Australia at the time of grant.
[NOTE:	Charges: Any applicable tax under the Migration (Delayed Visa Applications) Tax Act 1992 must be paid before the visa can be granted.]
432.5	WHEN VISA IS IN EFFECT
	432.511	Temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister for the purpose.
432.6 CONDITIONS
	432.611	Condition 8101.
	432.612	Any 1 or more of conditions 8501, 8525, 8502, 8301, 8303, 8106, 8107, 8516, 8503, 8222 and 8526 may be imposed.
432.7	EVIDENCE OF GRANT
	432.711	Visa label affixed to valid passport.
SUBCLASS 435-SRI LANKAN (TEMPORARY)
435.1	INTERPRETATION
[NOTE:	No interpretation provisions specific to this Part.]
435.2	PRIMARY CRITERIA
(NOTE: All applicants must meet the primary criteria.)
435.21	Criteria to be satisfied at time of application
	435.211	If section 48 of the Act applies to the applicant, he or she has not been refused a visa, or had a visa cancelled, under section 501 of the Act.
	435.212	The applicant is a citizen, and normally a resident, of Sri Lanka.
	435.213	At any time on or after 31 December 1991 the applicant has been the holder of a substantive visa.
	435.214	The applicant is not the holder of a visa (other than a subclass 435 visa) having effect on or after 30 November 1994.
435.22	Criteria to be satisfied at time of decision
	435.221	The applicant continues to satisfy the criterion in clause 435.214.
	435.222	If the grant of the visa would result in the applicant being authorised to stay in Australia for a period totalling more than 12 months:
	(a)	the applicant has undergone a medical examination carried out by a Commonwealth Medical Officer; and
	(b)	the applicant:
	(i)	has undergone a chest X-ray examination conducted by a medical practitioner who is qualified as a radiologist in Australia; or
	(ii)	is below the age of 16 years and is not a person in respect of whom a Commonwealth Medical Officer has requested such an examination.
435.3	SECONDARY CRITERIA: Nil.
[NOTE:	All applicants must meet the primary criteria.]
435.4	CIRCUMSTANCES APPLICABLE TO GRANT
	435.411	The applicant must be in the migration zone when the visa is granted.
435.5	WHEN VISA IS IN EFFECT
	435.511	Temporary visa permitting the holder to travel to, enter and remain in Australia until 30 November 1994.
435.6	CONDITIONS
	435.611	Condition 8303 may be imposed.
435.7	WAY OF GIVING EVIDENCE
	435.711	Visa label affixed to a valid passport.
SUBCLASS 442-OCCUPATIONAL TRAINEE
442.1	INTERPRETATION
[NOTE:	No interpretation provisions specific to this Part.]
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 application is made outside Australia, there are no criteria to be satisfied at time of application.]
	442.211	If the application is made in the migration zone the applicant is:
	(a)	the holder of a Business, Cultural/Social, Emergency (subclass 303), Educational (Temporary), Occupational Trainee, Family Relationship, Interdependency, Retirement, Supported Dependant Working Holiday (Temporary) or subclass 427 visa; or
	(b)	the holder of a Student (Temporary), Long Stay (Visitor), Short Stay (Visitor) or Border (Temporary) visa; or
	(c)	the holder of a Confirmatory (temporary) visa which 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.
442.22	Criteria to be satisfied at time of decision
	442.221	If the application is:
	(a)	made outside Australia; or
	(b)	made in the migration zone and the applicant does not hold a subclass 442 visa;
the applicant satisfies the criteria in clauses 442.222 to 442.229.
	442.222	(1)	Except in the case of an application made in relation to occupational training to be provided by the Commonwealth, a nomination in respect of the occupational training has been lodged and has been approved by the Minister.
	(2)	The reference in subclause (1) to occupational training to be provided by the Commonwealth includes occupational training to be provided by:
	(a)	a body corporate incorporated for a public purpose by an Act or regulations made under an Act; or
	(b)	an authority or body, not being a body corporate, established for a public purpose by, or under, an Act or regulations made under an Act.
	442.223	The Minister is satisfied:
	(a)	that the occupational training that is proposed will give the applicant additional or enhanced skills that the applicant will be able to utilise in the applicant's employment after leaving Australia; and
	(b)	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.
	442.225	The applicant satisfies public interest criteria 4001 to 4005 and 4010.
	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 application is made outside Australia and the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5003, 5005 and 5007 to 5009.
	442.228	If the application is made in the migration zone the applicant has complied substantially with the conditions to which the visa (if any) held, or last held, by the applicant is, or was, subject.
	442.229	If the application is made in the migration zone and if the applicant is the holder of a Student (Temporary) visa, the applicant was granted that visa because:
	(a)	the applicant was a trainee; or
	(b)	before 1 September 1994 was the holder of:
	(i)	a trainee (non-formal course) (code number 554) visa; or
	(ii)	a trainee (English language) (code number 555) visa granted as a prerequisite to occupational training; or
	(iii)	a student (category B) (code number 561) visa, granted before 1 April 1991 as a prerequisite to occupational training.
	442.230	If the application is made in the migration zone and the applicant was at the time of application, the holder of a subclass 442 visa, 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 442 visa.
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 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.
	442.313	If the application is made in the migration zone, the applicant has complied substantially with the conditions to which:
	(a)	any visa held by the applicant is subject; or
	(b)	any visa held by the applicant before becoming an unlawful non-citizen was subject.
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.
	442.322	The member of the family unit 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, taking into account the working rights of both that family unit member and the applicant.
	442.323	The applicant:
	(a)	in all cases, satisfies public interest criteria 4001 to 4005; and
	(b)	in the case of an applicant who seeks to stay in Australia for 12 months or more, satisfies public interest criterion 4010.
	442.324	If the application is made outside Australia and if the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5003, 5005 and 5007 to 5009.
442.4	CIRCUMSTANCES APPLICABLE TO GRANT
	442.411	If the application is made in the migration zone, the applicant must be in the migration zone at the time of grant.
	442.412	If the application is made outside Australia, the applicant must be outside Australia at the time of grant.
[NOTE:	Charges: Any applicable tax under the Migration (Delayed Visa Applications) Tax Act 1992 must be paid before the visa can be granted.]
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 8202.
	442.612	If the applicant meets the secondary criteria, condition 8101.
	442.613	Any 1 or more of conditions 8501, 8525, 8502, 8301, 8303, 8106, 8107, 8516, 8503, 8522 and 8526 may be imposed.
442.7	WAY OF GIVING EVIDENCE
	442.711	Visa label affixed to a valid passport.
SUBCLASS 443-CITIZENS OF FORMER YUGOSLAVIA
443.1	INTERPRETATION
[NOTE:	No interpretation provisions specific to this Part.]
443.2	PRIMARY CRITERIA
[NOTE:	All applicants must meet the primary criteria.]
443.21	Criteria to be satisfied at time of application
	443.211	If section 48 of the Act applies to the applicant, he or she has not been refused a visa, or had a visa cancelled under section 501 of the Act.
	443.212	The applicant is a person who:
	(a)	was, on 19 June 1991, a citizen of the Socialist Federal Republic of Yugoslavia; and
	(b)	is usually resident in a place that, on 19 June 1991, formed part of the Socialist Federal Republic of Yugoslavia;
or, if born on or after 20 June 1991, is a dependent child of such a person.
	443.213	At any time on or after 31 December 1991, the applicant has been the holder of a substantive visa.
	443.214	The applicant is not the holder of a visa (other than a subclass 443 visa) having effect on or after 30 November 1994.
443.22	Criteria to be satisfied at time of decision
	443.221	The applicant continues to satisfy the criterion specified in clause 443.214.
	443.222	If the grant of the visa would result in the applicant being authorised to stay in Australia for a period totalling more than 12 months:
	(a)	the applicant has undergone a medical examination carried out by a Commonwealth medical officer; and
	(b)	the applicant:
	(i)	has undergone a chest X-ray examination conducted by a medical practitioner who is qualified as a radiologist in Australia; or
	(ii)	is below the age of 16 years and is not a person in respect of whom a Commonwealth Medical Officer has requested such an examination.
443.3	SECONDARY CRITERIA
[NOTE:	All applicants must meet the primary criteria.]
443.4	CIRCUMSTANCES APPLICABLE TO GRANT
	443.411	The applicant must be in the migration zone when the visa is granted.
443.5	WHEN VISA IS IN EFFECT
	443.511	Temporary visa permitting the holder to travel to, enter and remain in Australia until 30 November 1994.
443.6	CONDITIONS
	443.611	Condition 8303 may be imposed.
443.7	WAY OF GIVING EVIDENCE
	443.711	Visa 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: All applicants must satisfy the primary criteria.)
444.21	Criteria to be satisfied at time of application
	444.211	The applicant is a non-citizen who meets the requirements of paragraph 32 (2) (a) of the Act.
[NOTE:	The requirements are: that the applicant is a New Zealand citizen; and holds, and has shown an officer, 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, and the circumstances in relation to a behaviour concern non-citizen who has been excluded from a country other than Australia are set out in regulation 5.15.]
444.2	Criteria to be satisfied at time of decision
	444.221	The applicant continues to satisfy the criterion set out in clause 444.211.
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:	1.	For "pre-cleared flight" see the Act, s. 17.
	2.	Charges: Any applicable tax under the Migration (Delayed Visa Applications) Tax Act 1992 must be paid before the visa can be granted.]
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	If the grant is made:
	(a)	in immigration clearance-a port and date stamp placed in the passport of the holder; or
	(b)	in Australia after immigration clearance-a "special category visa holder" stamp placed in the passport of the holder; or
	(c)	at an airport outside Australia at which pre-clearance procedures are carried out-a "pre-cleared" stamp placed in the passport of the holder.
SUBCLASS 445-DEPENDENT CHILD
445.1	INTERPRETATION
[NOTE:	No interpretation provisions specific to this Part.]
445.2	PRIMARY CRITERIA
[NOTE:	All applicants must satisfy the primary criteria.]
445.21	Criteria to be satisfied at time of application
445.211 The applicant :
	(a)	is not in Australia; and
	(b)	is a dependent child of a person who is the holder of an Extended Eligibility (Temporary) Class visa; and
	(c)	is sponsored by that person.
445.22 Criteria to be satisfied at time of decision
	445.221	The applicant continues to be sponsored by the person referred to in paragraph 445.211 (c).
	445.222	The applicant satisfies public interest criteria 4001 to 4004 and 4007 to 4009.
	445.223	The Minister is satisfied that the grant of the visa to the applicant would not prejudice the rights and interests of any person who has custody or guardianship of, or access to, the applicant.
445.3	SECONDARY CRITERIA: Nil.
[NOTE:	All applicants must satisfy the primary criteria.]
445.4	CIRCUMSTANCES APPLICABLE TO GRANT
	445.411	The applicant must be outside 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) visa held by the person on whom the applicant is dependent.
445.6	CONDITIONS: Nil.
445.7	WAY OF GIVING EVIDENCE
	445.711	Visa label affixed to a valid passport.
SUBCLASS 446-CONFIRMATORY (TEMPORARY)
446.1	INTERPRETATION
446.111		In this Part:
"remaining criteria", in relation to an applicant who is the holder, on the basis of having satisfied the primary criteria, of a subclass 303 visa, means the criteria referred to in paragraph 303.212 (b) that he or she had not satisfied at the time of grant of that visa.
446.2 PRIMARY CRITERIA
[NOTE:	All applicants must meet the primary criteria.]
446.21	Criteria to be satisfied at time of application
	446.211	(1)	The applicant is the holder of a subclass 303 visa.
	(2)	The applicant:
	(a)	has satisfied the remaining criteria; or
	(b)	is a member of the family unit of a person who has applied for a Confirmatory (temporary) visa on the grounds of satisfying the remaining criteria.
446.22	Criteria to be satisfied at time of decision
	446.221	In the case of an applicant referred to in paragraph 446.211 (2) (b):
	(a)	the other person referred to in that paragraph holds a Confirmatory (temporary) visa; and
	(b)	the applicant has satisfied the secondary criteria for the grant of the visa initially applied for by that other person.
446.3	SECONDARY CRITERIA: Nil.
[NOTE:	All applicants must meet the primary criteria.]
446.4	CIRCUMSTANCES APPLICABLE TO GRANT
	446.411	An applicant must be in the migration zone when the visa is granted.
[NOTE:	Charges: Any applicable tax under the Migration (Delayed Visa Applications) Tax Act 1992 must be paid before the visa is granted.]
446.5	WHEN VISA IS IN EFFECT
	446.511	Temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister for the purpose.
446.6	CONDITIONS
	446.611	Any 1 or more of conditions 8501, 8525, 8502, 8301, 8303, 8106, 8107, 8516, 8503, 8522 and 8526 may be imposed.
446.7	WAY OF GIVING EVIDENCE
	446.711	Visa label affixed to a valid passport.
SUBCLASS 560-STUDENT
560.1	INTERPRETATION
	560.111	In this Part:
"gazetted country" means a country specified by Gazette Notice for the purpose of this Part;
	560.112	(1)	A reference in this Part to the holder of a visa of subclass 560 includes a reference to the holder of a visa or entry permit, as the case requires, that:
	(a)	was granted in accordance with the Migration (1989) Regulations or the Migration (1993) Regulations and is of a predecessor class; or
	(b)	was applied for, and granted in accordance with the law as in force, before 19 December 1989 and is substantially the same, in nature and effect, as a visa or entry permit of that class.
	(2)	In subclause (1), "predecessor class" means a visa or entry permit of
any of the following classes or kinds:
	(a)	granted under the Migration (1989) Regulations:
	(i)	private subsidised student (code number 550);
	(ii)	student (AIDAB) (code number 551);
	(iii)	student (Equity and Merit Scholarship Scheme) (code number 552);
	(iv)	student (formal course) (code number 553);
	(v)	trainee (English language) (code number 555);
	(vi)	trainee (non-formal course) (code number 554);
	(vii)	student (restricted) (code number 556);
	(viii)	student (category A) (code number 560);
	(ix)	student (category B) (code number 561);
	(b)	granted under the Migration (1993) Regulations:
	(i)	Class 560 (Student (category A));
	(ii)	Class 561 (Student (category B)).
560.2	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.]
560.21	Criteria to be satisfied at time of application
	560.211	(1)	If the applicant is a citizen of Iran, the applicant does not seek to enter Australia to undertake a full-time course of study (in this clause called "the current course") of a kind set out in subclause (2) unless he or she has previously entered Australia as the holder of a subclass 562 visa and one or more of the circumstances set out in subclause (3) applies.
	(2)	The kinds of course referred to in subclause (1) are:
	(a)	a course of study for a master's degree or a doctorate in Australia; or
	(b)	a graduate diploma or graduate certificate course or any other bridging course required as a prerequisite course to a course of study or research for a master's degree or a doctorate in Australia; or
	(c)	an English language course or other prerequisite course for undertaking a course mentioned in paragraph (a) or (b) in Australia.
	(3)	The circumstances referred to in subclause (1) are the following:
	(a)	that the applicant entered Australia as the holder of a subclass 562 visa for the purpose of undertaking the current course;
	(b)	if the current course is a course mentioned in paragraph (2) (a), that the applicant entered Australia as the holder of a subclass 562 visa for the purpose of undertaking a prerequisite course mentioned in paragraph (2) (b) or (c) undertaken in preparation for undertaking the current course;
	(c)	if the current course is a course mentioned in paragraph (2) (b), that the applicant entered Australia as the holder of a subclass 562 visa for the purpose of undertaking a prerequisite course mentioned in paragraph (2) (c) undertaken in preparation for undertaking the current course.
560.212 (1) If the application is made in Australia, the applicant:
	(a)	is the holder of:
	(i)	a Business (Temporary) visa; or
	(ii)	a Border (Temporary) visa; or
	(iii)	a Cultural/Social (Temporary) visa; or
	(iv)	a Diplomatic (Temporary) visa (as the spouse or dependent relative of a diplomatic or consular representative of a country other than Australia); or
	(v)	an Educational (Temporary) visa; or
	(vi)	an Emergency (Temporary Visa Applicant) visa; or
	(vii)	an Expatriate (Temporary) visa; or
	(viii)	a Family Relationship (Temporary) visa; or
	(ix)	an Interdependency (Temporary) visa; or
	(x)	a Special Purpose Visa; or
	(xi)	a Supported Dependant (Temporary) visa; or
	(xii)	a Retirement (Temporary) visa; or
	(xiii)	a Working Holiday (Temporary) visa; or
	(xiv)	a subclass 427 visa; or
	(xv)	a Student (Temporary) visa; or
	(xvi)	a Short Stay (Visitor) visa; or
	(xvii)	a Long Stay (Visitor) visa; or
	(b)	is not the holder of a substantive visa and meets the requirements of subclause (2) or (3).
	(2)	An applicant meets the requirements of this subclause if:
	(a)	the last substantive visa held by the applicant was a Student (Temporary) visa ; and
	(b)	documents relevant to the establishment of the applicant's eligibility for the grant of the substantive visa applied for were given to Education or to an Australian educational institution before the expiry of the substantive visa mentioned in paragraph (a); and
	(c)	the application is made within 12 months of the expiry of that visa.
	(3)	An applicant meets the requirements of this subclause if:
	(a)	the last substantive visa held by the applicant was:
	(i)	a Business (Temporary) visa; or
	(ii)	a Border (Temporary) visa; or
	(iii)	a Cultural/Social (Temporary) visa; or
	(iv)	a Diplomatic (Temporary) visa (as the spouse or dependent relative of a diplomatic or consular representative of a country other than Australia); or
	(v)	an Educational (Temporary) visa; or
	(vi)	an Emergency (Temporary Visa Applicant) visa; or
	(vii)	an Expatriate (Temporary) visa; or
	(viii)	a Family Relationship (Temporary) visa; or
	(ix)	an Interdependency (Temporary) visa; or
	(x)	a Special Purpose Visa; or
	(xi)	a Supported Dependant (Temporary) visa; or
	(xii)	a Retirement (Temporary) visa; or
	(xiii)	a Working Holiday (Temporary) visa; or
	(xiv)	a subclass 427 visa; or
	(xv)	a Student (Temporary) visa; or
	(xvi)	a Short Stay (Visitor) visa; or
	(xvii)	a Long Stay (Visitor) visa; and
	(b)	the applicant satisfies Schedule 3 criteria 3001 and 3005.
	560.213	If the application is made in Australia, the applicant has complied substantially with the conditions to which the visa (if any) held, or last held, by the applicant is, or was, subject.
560.22	Criteria to be satisfied at time of decision
	560.221	The applicant continues to satisfy the criteria in clause 560.211.
	560.222	The applicant:
	(a)	produces to the Minister evidence of enrolment to undertake a full-time course of study that:
	(i)	is a registered course; or
	(ii)	comprises a unit or units of a registered course but does not lead to the grant of an award in Australia, or
	(b)	produces to the Minister evidence of enrolment to undertake a full-time course of study:
	(i)	as an exchange student; or
	(ii)	as a student under a scholarship scheme or training program approved by AIDAB; or
	(iii)	as a private subsidised student, with the approval of the Education Minister, or
	(c)	if the application is made in Australia, the applicant:
	(i)	was, at the time of application, the holder of a subclass 560 or 562 visa; and
	(ii)	satisfies the Minister that, in connection with a registered course or with a matter arising from that course:
	(A)	the relevant educational institution requires the applicant to remain in Australia during the marking of a post-graduate thesis; or
	(B)	the applicant is required to gain practical employment experience after graduation to obtain registration in a profession in which registration is a prerequisite for the practice of the profession in the applicant's usual country of residence.
	560.223	If the applicant is an assisted student, the applicant produces to the Minister evidence that the Education Minister (in the case of a student under the Subsidised Overseas Student Program), or AIDAB (in the case of a student under a scholarship scheme or a training program that is approved by AIDAB) supports the grant of the visa.
	560.224	(1)	Subject to subclause (4), the Minister is satisfied that the applicant is a genuine applicant for entry and stay as a student, having regard:
	(a)	to the financial ability of the applicant to undertake the course without contravening any condition of the visa relating to work ;
	(b)	subject to subclauses (2) and (3), to the applicant's comprehension of English for the purposes of the course;
	(c)	to whether the applicant intends to comply with any conditions subject to which the visa is granted; and
	(d)	to any other relevant matter.
	(2)	If the Minister has regard to the applicant's comprehension of English, the Minister may require the applicant to undertake an English language test that is conducted by an agency other than Immigration.
	(3)	If the applicant is required to undertake a test and does not undertake it, or does not pass it, the Minister is not to grant the visa.
	(4)	Subclause (1) does not apply to an applicant if the applicant is:
	(a)	a Burmese national; and
	(b)	was granted a visa under clause 560.334A of Schedule 2 of the Migration (1993) Regulations as in force on 29 June 1993.
	560.225	The applicant:
	(a)	satisfies public interest criteria 4001 to 4005; and
	(b)	if the applicant seeks to stay in Australia for 12 months or more, satisfies public interest criterion 4010; and
	(c)	if applying outside Australia and the applicant has previously been in Australia, satisfies special return criteria 5001, 5003, 5005 and 5007 to 5009.
	560.226	The applicant produces to the Minister evidence of adequate arrangements in Australia for health insurance during the period of the applicant's intended stay in Australia.
	560.227	If the application is made in Australia, the applicant continues to satisfy the criterion in clause 560.213.
	560.228	(1)	If the application is made in Australia, the applicant:
	(a)	satisfies the primary criteria for the grant of a subclass 560 visa, other than the criterion specified in clause 560.211; and
	(b)	either:
	(i)	if the applicant is the holder of a subclass 560 visa by reason of having satisfied the secondary criteria for that visa or the primary criteria for a subclass 563 visa, he or she was not, immediately before becoming the holder of that visa as a student's dependant, the holder of:
	(A)	a Business(Temporary) visa; or
	(B)	a Border (Temporary) visa; or
	(C)	a Cultural/Social (Temporary) visa; or
	(D)	a Diplomatic (Temporary) visa (as the spouse or dependent relative of a diplomatic or consular representative of a country other than Australia); or
	(E)	an Educational (Temporary) visa; or
	(F)	an Expatriate (Temporary) visa; or
	(G)	a Family Relationship (Temporary) visa; or
	(H)	an Interdependency (Temporary) visa; or
	(J)	a Special Purpose Visa; or
	(K)	a Supported Dependant (Temporary) visa; or
	(L)	a Retirement (Temporary) visa; or
	(M)	a Working Holiday (Temporary) visa; or
	(N)	a subclass 427 visa; or
	(P)	a subclass 560 visa (by satisfying the primary criteria); or
	(R)	a subclass 562 visa; or
	(S)	a Short Stay (Visitor) visa; or
	(T)	a Long Stay (Visitor) visa;
		by reason of having satisfied the primary criteria for that visa; or
	(ii)	if the applicant is not the holder of a substantive visa, he or she was not, immediately before becoming an unlawful non-citizen, the holder of a subclass 560 or 563 visa in the circumstances set out in subparagraph (i).
	(2)	For the purposes of paragraph (1) (b), a person is a student's dependant if the person is:
	(a)	the holder, as a person who has satisfied secondary criteria, of a
subclass 560 (student) visa; or
	(b)	the holder of a subclass 563 student visa.
560.229 If:
	(a)	the application is made in Australia; and
	(b)	the applicant is not:
	(i)	a citizen of a gazetted country; or
	(ii)	a person who is normally resident in, and has an unlimited right of entry to, a country specified by Gazette Notice for the purposes of this paragraph; or
	(iii)	undertaking a course of study paid for wholly or in part by the government of his or her home country or by an intergovernmental agency; and
	(c)	the applicant is the holder of a subclass 560 visa granted for a course of study that is of less than 12 months duration; and
	(d)	the applicant is:
	(i)	enrolling in a further course of less than 12 months duration; or
	(ii)	continuing a course of less than 12 months duration;
the total period of stay of the applicant in Australia for the purposes of undertaking:
	(e)	those courses of study; and
	(f)	any other courses of study (being courses each of less than 12 months duration);
does not exceed 2 years.
	560.230	If:
	(a)	the application is made in Australia; and
	(b)	at the time of application, the applicant meets the requirements of subclause 560.212 as the holder of:
	(i)	a Business (Temporary) visa; or
	(ii)	a Border (Temporary) visa; or
	(iii)	a Cultural/Social (Temporary) visa; or
	(iv)	a Educational (Temporary) visa; or
	(v)	an Emergency (Temporary Visa Applicant) visa; or
	(vi)	an Expatriate (Temporary) visa; or
	(vii)	a Family Relationship (Temporary) visa; or
	(viii)	an Interdependency (Temporary) visa; or
	(ix)	a Special Purpose Visa; or
	(x)	a Supported Dependant (Temporary) visa; or
	(xi)	a Retirement (Temporary) visa; or
	(xii)	a Working Holiday (Temporary) visa; or
	(xiii)	a subclass 427 visa; or
	(xiv)	a Short Stay (Visitor) visa; or
	(xv)	a Long Stay (Visitor) visa;
the applicant establishes exceptional reasons for the grant of a subclass 560 visa.
	560.231	If the application is made in Australia and at the time of application the applicant was in Australia as the spouse 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.
560.3	SECONDARY CRITERIA
[NOTE:	Requirements to be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria.]
560.31	Criteria to be satisfied at time of application
	560.311	If the application is made outside Australia, the applicant is a member of the family unit of a person who satisfies or has satisfied the primary criteria in subdivision 560.21.
	560.312	(1)	If the application is made in Australia, the applicant:
	(a)	is the holder of:
	(i)	a Business (Temporary) visa; or
	(ii)	a Border (Temporary) visa; or
	(iii)	a Cultural/Social (Temporary visa); or
	(iv)	a Diplomatic (Temporary) visa (as the spouse or dependent relative of a diplomatic or consular representative of a country other than Australia); or
	(v)	a Educational (Temporary) visa; or
	(vi)	an Emergency (Temporary Visa Applicant) visa; or
	(vii)	an Expatriate (Temporary) visa; or
	(viii)	a Family Relationship (Temporary) visa; or
	(ix)	an Interdependency (Temporary) visa; or
	(x)	a Special Purpose Visa; or
	(xi)	a Supported Dependant (Temporary) visa; or
	(xii)	a Retirement (Temporary) visa; or
	(xiii)	a Working Holiday (Temporary) visa; or
	(xiv)	a subclass 427 visa; or
	(xv)	a Student (Temporary) visa; or
	(xvi)	a Short Stay (Visitor) visa; or
	(xvii)	a Long Stay (Visitor) visa; or
	(b)	does not hold a substantive visa and meets the requirements of subclause (2).
	(2)	An applicant meets the requirements of this subclause if:
	(a)	the applicant is a member of the family unit of a person who meets the requirements of subclause 560.212 (2) or (3); and
	(b)	the applicant was a member of the family unit of that person upon the expiry of that person's visa.
	560.313	If the application is made in Australia, and the applicant holds a visa at the time of application, the applicant has complied substantially with any conditions to which that visa is subject.
560.32	Criteria to be satisfied at time of decision
	560.321	The applicant is a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a subclass 560 visa.
	560.322	The applicant:
	(a)	in all cases:
	(i)	satisfies public interest criteria 4001 to 4005; and
	(ii)	if he or she is applying outside Australia and has previously been in Australia, satisfies special return criteria 5001, 5003, 5005 and 5007 to 5009; and
	(b)	in the case of an applicant who seeks to stay in Australia for 12 months or more, satisfies public interest criterion 4010.
	560.323	If the applicant is a member of the family unit of a person who is under a scholarship scheme or training program approved by AIDAB, the applicant produces to the Minister evidence that AIDAB supports the application for the visa.
	560.324	(1)	Subject to subclause (2), the Minister is satisfied that:
	(a)	the applicant genuinely seeks temporary entry as a member of the family unit of a person who, having satisfied the primary criteria, is a holder of a subclass 560 visa; and
	(b)	the member of the family unit who, having satisfied the primary criteria, is a holder of a subclass 560 visa will have 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, having regard to any rights they may have to work in Australia during that period; and
	(c)	the applicant intends to comply with any conditions subject to which the visa is granted.
	(2)	Clause 560.324 does not apply to an applicant who is a member of the family unit of a person to whom subclause 560.224 (4) refers.
	560.325	The applicant produces to the Minister evidence of adequate arrangements in Australia for health insurance during the period of the applicant's intended stay in Australia.
	560.326	If:
	(a)	the applicant is a school-age dependant and member of the family unit of a person (in this clause called "the principal person") who, having satisfied the primary criteria, is a holder of a subclass 560 visa; and
	(b)	the period of stay proposed in the application is more than three months; and
	(c)	the principal person:
	(i)	applied for the visa referred to in clause 560.321 on or after 1 March 1992; and
	(ii)	did not commence the course of study to which that visa relates before 1 March 1992; and
	(iii)	did not hold, before 1 March 1992, a student (category A) (code number 560) or student (category B) (code number 561) visa granted under the Migration (1989) Regulations ;
the applicant produces to the Minister evidence that adequate arrangements have been made for the education of the applicant in Australia.
	560.327	The applicant is a member of the family unit of a person (in this clause called "the principal person") who, having satisfied the primary criteria, is a holder of a subclass 560 visa and who is:
	(a)	either:
	(i)	a citizen of a gazetted country; or
	(ii)	a person who is normally resident in, and has an unlimited right of re-entry to, a country specified by Gazette Notice for the purposes of this paragraph; or
	(b)	undertaking a course of study paid for, wholly or in part, by the government of the applicant's home country or by an inter-governmental agency; or
	(c)	a person:
	(i)	who is not a person referred to in paragraph (a); and
	(ii)	who is not undertaking a course of study paid for wholly or in part by the government of the applicant's home country or by an inter-governmental agency; and
	(iii)	who:
	(A)	has been granted a visa or entry permit in relation to a course or package of a duration of 12 months or more; or
	(B)	has been lawfully in Australia for 12 months or more; or
	(C)	was enrolled (as the holder of a subclass 560 visa) in a college which has ceased teaching.
560.328 If the application is made outside Australia and the application is made separately from that of the member of the family unit satisfying the primary criteria for a subclass 560 visa:
	(a)	that member of the family unit, is or is expected soon to be, in Australia; and
	(b)	unless that member of the family unit is a student under a scholarship scheme or training program approved by AIDAB-a nomination of the applicant by that member of the family unit, on approved form 919, has been lodged and has been approved by the Minister.
560.4	CIRCUMSTANCES APPLICABLE TO GRANT
	560.411	If the application is made outside Australia, the applicant must be outside Australia at the time of grant.
	560.412	If the application is made in Australia, the applicant must be in Australia at the time of grant.
[NOTE:	Charges: Any applicable charge under the Migration (Delayed Visa Applications) Tax Act 1992 must be paid before the visa can be granted.]
560.5	WHEN VISA IS IN EFFECT
	560.511	Temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister for the purpose.
560.6	CONDITIONS
	560.611	(1)	If the applicant satisfies the primary criteria:
	(a)	in all cases, conditions 8105, 8202, 8501 and (subject to subclause (2)) 8517; and
	(b)	if the applicant is a citizen of Iran, condition 8204.
	(2)	Condition 8517 does not apply to a visa granted to:
	(a)	an applicant who applied for the visa before 1 March 1992; or
	(b)	an applicant who:
	(i)	commenced the course of study to which the visa relates before 1 March 1992; and
	(ii)	held, before 1 March 1992, a student (category A) (code number 560) or student (category B) (code number 561) visa granted under the Migration (1989) Regulations ;
	560.612	If at the time of the application the applicant was the holder of a subclass 560 visa that was subject to condition 8523, condition 8523.
	560.613	(1)	If the applicant satisfies the secondary criteria:
	(a)	in all cases, conditions 8501 and (subject to subclause (2)) 8518; and
	(b)	if the applicant is a citizen of Iran, condition 8204; and
	(c)	if the applicant is a member of the family unit of a person who is undertaking a non-award course and who:
	(i)	is not a citizen of a gazetted country; or
	(ii)	is not a person who is normally resident in, and has an unlimited right of re-entry to, a country specified by Gazette Notice for the purposes of this paragraph; or
	(iii)	is not undertaking a course of study paid for, wholly or in part, by the government of the home country of the person satisfying the primary criteria or by an inter-governmental agency;
condition 8101.
	(d)	if the applicant is a member of the family unit of a person who:
	(i)	is not enrolled in a course of study or research for a master's degree or a doctorate: condition 9104; and
	(ii)	is not a person referred to in paragraph (c);
condition 8104.
	(2)	Condition 8518 does not apply:
	(a)	to a visa granted to an applicant who has turned 19; or
	(b)	if the member of the family unit who satisfies or has satisfied the primary criteria for a subclass 560 visa:
	(i)	applied for the visa before 1 March 1992; or
	(ii)	commenced the course of study to which the visa relates before 1 March 1992 and held, before 1 March 1992, a Student (category A) (code number 560) or student (category B) (code number 561) visa granted under the Migration (1989) Regulations..
	(3)	Any 1 or more of conditions 8303, 8503 and 8522 may be imposed.
560.7	WAY OF GIVING EVIDENCE
	560.711	Visa label affixed to a valid passport.
SUBCLASS 562-IRANIAN POSTGRADUATE STUDENT
562.1	INTERPRETATION
[NOTE:	No interpretation provisions specific to this Part.]
562.2	PRIMARY CRITERIA
[NOTE:	All applicants must satisfy the primary criteria.]
562.21	Criteria to be satisfied at time of application
	562.211	The applicant is a citizen of Iran.
	562.212	The applicant is outside Australia.
562.22	Criteria to be satisfied at time of decision
	562.221	The applicant continues to satisfy the criterion specified in clause 562.211.
	562.222	The applicant produces to the Minister evidence of enrolment to undertake a full-time course of study in Australia that is:
	(a)	a course of study for a master's degree or a doctorate in Australia; or
	(b)	a graduate diploma or graduate certificate course or any other bridging course required as a prerequisite course to a course of study or research for a master's degree or a doctorate in Australia; or
	(c)	an English language course or other prerequisite course for undertaking a course mentioned in paragraph (a) or (b) in Australia.
	562.223	If the applicant is an assisted student, the applicant produces to the Minister evidence that the Education Minister (in the case of a student under the Subsidised Overseas Student Program) or AIDAB (in the case of a student under a scholarship scheme or a training program that is approved by AIDAB) supports the grant of the visa.
	562.224	(1)	The Minister is satisfied that the applicant is a genuine applicant for entry as a student, having regard:
	(a)	to the financial ability of the applicant to undertake the course without contravening any condition of the visa relating to work; and
	(b)	subject to subclauses (2) and (3), to the applicant's comprehension of English for the purposes of the course; and
	(c)	to whether the applicant intends to comply with any conditions subject to which the visa is granted; and
	(d)	to any other relevant matter.
	(2)	If the Minister has regard to the applicant's comprehension of English , the Minister may require the applicant to undertake an English language test that is conducted by an agency other than Immigration.
	(3)	If the applicant is required to undertake a test and does not undertake it, or does not pass it, the Minister is not to grant the visa.
	562.225	The applicant:
	(a)	satisfies public interest criteria 4001 to 4005; and
	(b)	if the applicant seeks to stay in Australia for 12 months or more, satisfies public interest criterion 4010; and
	(c)	if the applicant has previously been in Australia, satisfies special return criteria 5001, 5003, 5005 and 5007 to 5009.
	562.226	The applicant produces to the Minister evidence of adequate arrangements in Australia for health insurance during the period of the applicant's intended stay in Australia.
	562.227	Approval of the application would not result in the number of subclass 562 visas granted in a financial year exceeding the number of subclass 562 visas specified, by Gazette Notice, for the purposes of this clause in respect of that financial year.
562.3	SECONDARY CRITERIA: Nil.
[NOTE:	All applicants must satisfy the primary criteria.]
562.4	CIRCUMSTANCES APPLICABLE TO GRANT
	562.411	Visa can be granted only outside Australia.
562.5	WHEN VISA IS IN EFFECT
	562.511	Temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister for the purpose.
562.6	CONDITIONS
	562.611	Conditions 8105, 8202, 8501, 8517, and 8203.
	562.612	Either or both of conditions 8303 and 8503 may be imposed.
562.7	WAY OF GIVING EVIDENCE
	562.711	Visa label affixed to a valid passport.
SUBCLASS 563-IRANIAN POSTGRADUATE STUDENT DEPENDANT
563.1	INTERPRETATION
[NOTE:	No interpretation provisions specific to this Part.]
563.2	PRIMARY CRITERIA
[NOTE:	All applicants must satisfy the primary criteria.]
563.21	Criteria to be satisfied at time of application
	563.211	The applicant is a member of the family unit of a person who is the holder of, or an applicant for, a subclass 562 visa.
	563.212	If the application is made in Australia, the applicant has complied substantially with the conditions to which any visa held or last held by the applicant is subject.
563.22	Criteria to be satisfied at time of decision
	563.221	The applicant is a member of the family unit of a person who holds a subclass 562 visa.
	563.222	If the applicant is a member of the family unit of a person who is under a scholarship scheme or training program approved by AIDAB, the applicant produces to the Minister evidence that AIDAB supports the application for the visa.
	563.223	The Minister is satisfied that:
	(a)	the applicant genuinely seeks temporary entry as a member of the family unit of a person who holds a subclass 562 visa and intends to comply with any conditions subject to which the visa is granted; and
	(b)	the member of the family unit who holds a subclass 562 visa will have adequate means to support himself or herself and the applicant during the period of the applicant's intended stay in Australia, having regard to any work rights they may have in Australia during that period.
	563.224	If the applicant is a school-age dependant of the subclass 562 visa holder and the period of stay proposed in the application is more than 3 months, the applicant produces to the Minister evidence that adequate arrangements have been made for the education of the applicant in Australia.
	563.225	The applicant produces to the Minister evidence of adequate arrangements in Australia for health insurance during the period of the applicant's stay in Australia.
	563.226	The applicant:
	(a)	satisfies public interest criteria 4001 to 4005; and
	(b)	if the applicant seeks to stay in Australia for 12 months or more, satisfies public interest criterion 4010; and
	(c)	if the applicant is applying outside Australia and has previously been in Australia, satisfies special return criteria 5001, 5003, 5005 and 5007 to 5009.
	563.227	If the application is made in Australia, the applicant continues to satisfy the criterion in clause 563.212.
	563.228	If the application is made outside Australia and the application is made separately from that of the member of the family unit who is the holder of, or an applicant for, a subclass 562 visa:
	(a)	that member is, or is expected soon to be, in Australia; and
	(b)	unless that member of the family unit is a student under a scholarship scheme or training program approved by AIDAB, a nomination by that member of the applicant (on approved form 919) has been lodged and has been approved by the Minister.
563.3	SECONDARY CRITERIA: Nil.
[NOTE:	All applicants must satisfy the primary criteria.]
563.4	CIRCUMSTANCES APPLICABLE TO GRANT
	563.411	If the application is made outside Australia, the applicant must be outside Australia at the time of grant.
	563.412	If the application is made in Australia, the applicant must be in Australia at the time of grant.
[NOTE:	Charges: Any applicable charge under the Migration (Delayed Visa Applications) Tax Act 1992 must be paid before the visa can be granted.]
563.5	WHEN VISA IS IN EFFECT
563.511	Temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister.
563.6	CONDITIONS
	563.611	(1)	If the application is made outside Australia:
	(a)	in all cases-conditions 8501 and 8204, and (subject to subclause (2)) 8518; and
	(b)	if the member of the family unit who holds a subclass 562 visa is not enrolled in a course of study or research for a master's degree or a doctorate, condition 8104.
	(2)	Condition 8518 does not apply to a visa granted to an applicant who has turned 19.
	563.612	(1)	If the application is made in Australia:
	(a)	in all cases-conditions 8501 and 8204, and (subject to subclause (2))b 8518 ; and
	(b)	if the member of the family unit of the person who holds a subclass 562 visa is not enrolled in a course of study or research for a master's degree or a doctorate, condition 8104.
	(2)	Condition 8518 does not apply to a visa granted to an applicant who has turned 19.
	563.613	Any 1 or more of conditions 8303, 8503 or 8522 may be imposed.
563. 7	 WAY OF GIVING EVIDENCE
	563. 71	Visa label affixed to a valid passport.
SUBCLASS 661-SPECIAL TOURIST
661.1	INTERPRETATION
[NOTE:	"Tourism" is defined in regulation 1.03. No interpretation provisions specific to this Part.]
661.2	PRIMARY CRITERIA
[NOTE:	All applicants must satisfy the primary criteria.]
661.21	Criteria to be satisfied at time of application
	661.211	(1)	The applicant seeks to visit Australia for the purpose of tourism, and has adequate funds for personal support during the period of the visit.
	(2)	The application is made:
	(a)	in a country in which special arrangements for the grant of visas for travel to Australia for the purpose of tourism apply; and
	(b)	by a citizen of that country in accordance with those special arrangements.
661.22	Criteria to be satisfied at time of decision
	661.221	The applicant continues to satisfy the criteria specified in clause 661.211.
	661.222	The applicant satisfies the Minister that the expressed intention of the applicant only to visit Australia is genuine.
	661.223	The applicant satisfies public interest criteria 4001 to 4005.
	661.224	If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5003, 5005 and 5007 to 5009.
661.3	SECONDARY CRITERIA: Nil.
[NOTE:	All applicants must satisfy the primary criteria.]
661.4	CIRCUMSTANCES APPLICABLE TO GRANT
	661.411	The applicant must be outside Australia and in a country in which special arrangements for the grant of visas for travel to Australia for the purpose of tourism apply at the time of grant.
661.5	WHEN VISA IS IN EFFECT
	661.511	Temporary visa permitting the holder:
	(a)	to travel to, and enter, Australia until a date specified by the Minister for the purpose; and
	(b)	to remain in Australia:
	(i)	for a period (not longer than 6 months after the date) specified by the Minister for the purpose; or
	(ii)	until a date (not later than 6 months after the date referred to in paragraph (a)) specified by the Minister for the purpose.
661.6	CONDITIONS
	661.611	Conditions 8101, 8201, 8503 and 8205.
661.7	WAY OF GIVING EVIDENCE
	661.711	Visa label affixed to a valid passport.
SUBCLASS 670-TOURIST (SHORT STAY)
670.1	INTERPRETATION
[NOTE:	"Tourism" is defined is regulation 1.03. No interpretation provisions specific to this Part.]
670.2	PRIMARY CRITERIA
[NOTE:	All applicants must satisfy the primary criteria.]
670.21	Criteria to be satisfied at time of application
	670.211	The applicant seeks to visit Australia, or remain in Australia as a visitor, for the purpose of tourism and has adequate funds for personal support during the period of the visit.
	670.212	If the application is made outside Australia, the period of stay in Australia proposed in the application does not exceed 3 months.
	670.213	If the application is made in Australia:
	(a)	the applicant:
	(i)	is the holder of a substantive temporary visa other than a subclass 426 visa ; or
	(ii)	does not hold a substantive visa and:
	(A)	immediately before ceasing to hold a substantive visa, was the holder of a substantive temporary visa except a visa of subclass 426; and
	(B)	satisfies Schedule 3 criteria 3001, 3003, 3004 and 3005; and
	(b)	the applicant has complied substantially with the conditions to which the visa (if any) held, or last held, by the applicant is, or was, subject; and
	(c)	the grant of the visa would not result in the applicant being authorised to remain in Australia for more than 3 consecutive months as the holder of 1 or more visitor visas.
670.22	Criteria to be satisfied at time of decision
	670.221	(1)	The applicant meets the requirements of subclause (2) or (3).
	(2)	An applicant meets the requirements of this subclause if:
	(a)	the applicant continues to satisfy the criterion in clause 670.211; and
	(b)	if the application is made outside Australia, the applicant continues to satisfy the criterion in clause 670.212; and
	(c)	the applicant satisfies the Minister that the expressed intention of the applicant only to visit Australia is genuine; and
	(d)	the Minister is satisfied that the grant of the visa would not prejudice the rights and interests of any person who has custody or guardianship of, or access to, the applicant; and
	(e)	the applicant satisfies public interest criteria 4001 to 4005, 4011 and 4012; and
	(f)	if the applicant is applying outside Australia and has previously been in Australia, the applicant satisfies special return criteria 5001, 5003, 5005 and 5007 to 5009; and
	(g)	if the application is made in Australia:
	(i)	the applicant continues to satisfy the criteria in paragraphs 670.213 (b) and (c); and
	(ii)	the Minister is satisfied that the further period of stay in Australia is not sought for the purpose of commencing, continuing or completing any studies or training; and
	(iii)	the Minister is satisfied that the applicant intends to comply with any conditions subject to which the visa is granted; and
	(iv)	the applicant produces evidence of adequate arrangements for health insurance to cover possible medical or hospital expenses; and
	(v)	if, at the time of application, the applicant was:
	(A)	the holder of a student visa on the grounds of having satisfied the primary criteria for that visa; and
	(B)	the student is under a scholarship scheme or training program that is approved by AIDAB;
the applicant has the support of AIDAB for the grant of the visa.
	(3)	An applicant satisfies the requirements of this subclause if the applicant:
	(a)	is in Australia; and
	(b	satisfies the criteria in paragraph 670.221 (2) (c) and subparagraph 670.221 (2) (g) (iii); and
	(c)	has compelling personal reasons for the grant of the visa and satisfies public interest criterion 4005.
	670.222	If, at the time of application, the applicant was the holder of a subclass 417 visa, the applicant establishes that exceptional reasons exist for the grant of the visa.
670.3	SECONDARY CRITERIA: Nil.
[NOTE:	All applicants must satisfy the primary criteria.]
670.4	CIRCUMSTANCES APPLICABLE TO GRANT
	670.411	If the applicant is outside Australia at the time of application, the applicant must be outside Australia at the time of grant.
	670.412	If the applicant is in Australia at the time of application, the applicant must be in Australia at the time of grant.
670.5	WHEN VISA IS IN EFFECT
	670.511	If the visa is granted outside Australia-temporary visa permitting the holder:
	(a)	to travel to, and enter, Australia on one or more occasions until a date specified by the Minister for the purpose; and
	(b)	to remain in Australia:
	(i)	for a period (not longer than 3 months after the date of each entry) specified by the Minister for the purpose; or
	(ii)	until a date (not later than 3 months after the date of each entry) specified by the Minister for the purpose.
670.512	(1)	In this clause:
"date of latest entry", in relation to the holder of a visa, is the date on which he or she last entered Australia before the grant of the visa.
	(2)	If the visa is granted in Australia-temporary visa permitting the holder:
	(a)	to remain in Australia:
	(i)	for a period (not longer than 3 months after the date of latest entry) specified by the Minister for the purpose; or
	(ii)	until a date (not longer than 3 months after the date of latest entry) 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 one or more occasions until a date specified by the Minister for the purpose; and
	(ii)	to remain in Australia:
	(A)	for a period (not longer than 3 months after the date of each entry) specified by the Minister for the purpose; or
	(B)	until a date (not later than 3 months after the date of each entry) specified by the Minister for the purpose.
670.6	CONDITIONS
	670.611	Conditions 8101, 8201 and 8205.
	670.612	Condition 8503 may be imposed.
670.7	WAY OF GIVING EVIDENCE
	670.711	Visa label affixed to a valid passport.
SUBCLASS 672-BUSINESS VISITOR (SHORT STAY)
672.1	INTERPRETATION
[NOTE:	"Work" is defined in regulation 1.03. No interpretation provisions specific to this Part.]
672.2	PRIMARY CRITERIA
[NOTE:	All applicants must satisfy the primary criteria.]
672.21	Criteria to be satisfied at time of application
	672.211	The applicant seeks to visit Australia, or remain in Australia as a visitor, for business purposes and has adequate funds for personal support during the period of the visit.
	672.212	The applicant does not intend to engage in work that might otherwise be carried out by an Australian citizen or an Australian permanent resident.
	672.213	If the application is made outside Australia, the period of stay in Australia proposed in the application does not exceed 3 months.
	672.214	If the application is made in Australia:
	(a)	the applicant:
	(i)	is the holder of a substantive temporary visa other than a subclass 426 visa ; or
	(ii)	the applicant does not hold a substantive visa and:
	(A)	immediately before ceasing to hold a substantive visa, was the holder of a substantive temporary visa except a visa of subclass 426; and
	(B)	satisfies Schedule 3 criteria 3001, 3003, 3004 and 3005; and
	(b)	the applicant has complied substantially with the conditions to which the visa (if any) held, or last held, by the applicant is, or was, subject; and
	(c)	the grant of the visa would not result in the applicant being authorised to remain in Australia for more than 3 consecutive months as the holder of 1 or more visitor visas.
672.22	Criteria to be satisfied at time of decision
	672.221	(1)	The applicant meets the requirements of subclause (2) or (3).
	(2)	The applicant meets the requirements of this subclause if:
	(a)	the applicant continues to satisfy the criteria in clauses 672.211 and 672.212; and
	(b)	if the application is made outside Australia, the applicant continues to satisfy the criteria in clause 672.213; and
	(c)	the applicant satisfies the Minister that the expressed intention of the applicant only to visit Australia is genuine; and
	(d)	the Minister is satisfied that he grant of the visa would not prejudice the rights and interests of any person who has custody or guardianship of, or access to, the applicant; and
	(e)	the applicant satisfies public interest criteria 4001 to 4005 and 4011; and
	(f)	if the applicant has previously been in Australia, the applicant satisfied special return criteria 5001, 5003, 5005 and 5007 to 5009; and
	(g)	if the application is made in Australia:
	(i)	the applicant continues to satisfy the criteria in paragraphs 672.214 (b) and (c); and
	(ii)	the Minister is satisfied that the further period of stay in Australia is not sought for the purpose of commencing, continuing or completing any studies or training; and
	(iii)	the Minister is satisfied that the applicant intends to comply with any conditions subject to which the visa is granted; and
	(iv)	the applicant produces evidence of adequate arrangements for health insurance to cover possible medical or hospital expenses; and
	(iv)	if, at the time of application, the applicant was:
	(A)	the holder of a student visa on the grounds of having satisfied the primary criteria for that visa; and
	(B)	the student is under a scholarship scheme or training program that is approved by AIDAB;
the applicant has the support of AIDAB for the grant of the visa.
	(3)	An applicant meets the requirements of this subclause if the applicant:
	(a)	is in Australia; and:
	(b)	satisfies the criteria in paragraph 672.221 (2) (c) and subparagraph 672.221 (2) (g) (iii); and
	(c)	has compelling personal reasons for the grant of the visa and satisfies public interest criterion 4005.
	672.222	If, at the time of application, the applicant was the holder of a subclass 417 visa, the applicant establishes that exceptional reasons exist for the grant of the visa.
672.3	SECONDARY CRITERIA: Nil.
[NOTE:	All applicants must satisfy the primary criteria.]
672.4	CIRCUMSTANCES APPLICABLE TO GRANT
	672.411	If the applicant is outside Australia at the time of application, the applicant must be outside Australia at the time of grant.
	672.412	If the applicant is in Australia at the time of application, the applicant must be in Australia at the time of grant.
672.5 WHEN VISA IS IN EFFECT
	672.511	If the visa is granted outside Australia-temporary visa permitting the holder:
	(a)	to travel to, and enter, Australia on one or more occasions until a date specified by the Minister for the purpose; and
	(b)	to remain in Australia:
	(i)	for a period (not longer than 3 months after the date of each entry date) specified by the Minister for the purpose; or
	(ii)	until a date (not later than 3 months after the date of each entry specified by the Minister for the purpose.
	672.512	(1)	In this clause:
"date of latest entry", in relation to the holder of a visa, is the date on which he or she last entered Australia before the grant of the visa.
	(2)	If the visa is granted in Australia-temporary visa permitting the holder:
	(a)	to remain in Australia:
	(i)	for a period (not longer than 3 months after the date of latest entry) specified by the Minister for the purpose; or
	(ii)	until a date (not longer than 3 months after the date of latest entry) 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 one or more occasions until a date specified by the Minister for the purpose; and
	(ii)	to remain in Australia:
	(A)	for a period (not longer than 3 months after the date of each entry) specified by the Minister for the purpose; or
	(B)	until a date (not later than 3 months after the date of each entry) specified by the Minister for the purpose.
672.6	CONDITIONS
	672.611	Conditions 8201, 8106 and 8205.
	672.612	Condition 8503 may be imposed.
672.7	WAY OF GIVING EVIDENCE
	672.711	Visa label affixed to a valid passport.
SUBCLASS 673-CLOSE FAMILY VISITOR (SHORT STAY)
673.1	INTERPRETATION
[NOTE:	No interpretation provisions specific to this Part.]
673.2	PRIMARY CRITERIA
[NOTE:	All applicants must satisfy the primary criteria.]
673.21	Criteria to be satisfied at time of application
	673.211	The applicant:
	(a)	seeks to visit Australia, or remain in Australia as a visitor, for the purpose of visiting an Australian citizen or an Australian permanent resident, who is a parent, spouse, child, brother or sister of the applicant; and
	(b)	has adequate funds for personal support during the period of the visit.
	673.212	It the application is made outside Australia, the period of stay in Australia proposed in the application does not exceed 3 months.
	673.213	If the application is made in Australia:
	(a)	the applicant:
	(i)	is the holder of a substantive temporary visa other than a subclass 426 visa; or
	(ii)	the applicant does not hold a substantive visa and:
	(A)	immediately before ceasing to hold a substantive visa, was the holder of a substantive temporary visa except a visa of subclass 426; and
	(B)	satisfies criteria 6003, 6005 and 6006; and
	(b)	the applicant has complied substantially with the conditions to which the visa (if any) held, or last held, by the applicant is, or was, subject; and
	(c)	the grant of the visa would not result in the applicant being authorised to remain in Australia for more than 3 consecutive months as the holder of 1 or more visitor (short stay) visas.
673.22	Criteria to be satisfied at time of decision
	673.221	(1)	The applicant meets the requirements of subclause (2) or (3).
	(2)	An applicant meets the requirements of this subclause if:
	(a)	the applicant continues to satisfy the criteria in clause 673.211; and
	(b)	if the application is made outside Australia, the applicant continues to satisfy the criterion in clause 673.212; and
	(c)	the applicant satisfies the Minister that the expressed intention of the applicant only to visit Australia is genuine; and
	(d)	the Minister is satisfied that the grant of the visa would not prejudice the rights and interests of any person who has custody or guardianship of, or access to, the applicant; and
	(e)	the applicant satisfies public interest criteria 4001 to 4005 and 4011;
	(f)	if the applicant is applying outside Australia and has previously been in Australia, the applicant satisfied special re-entry criteria 5001, 5003, 5005, 5007, 5009 and 5010; and
	(g)	if the application is made in Australia:
	(i)	the applicant continues to satisfy the criteria in paragraphs 673.213 (b) and (c); and
	(ii)	the Minister is satisfied that the further period of stay in Australia is not sought for the purpose of commencing, continuing or completing any studies or training; and
	(iii)	the Minister is satisfied that the applicant intends to comply with any conditions subject to which the visa is granted; and
	(iv)	the applicant produces evidence of adequate arrangements for health insurance to cover possible medical or hospital expenses; and
	(v)	if, at the time of application, the applicant was:
	(A)	the holder of a student visa on the grounds of having satisfied the primary criteria for that visa; and
	(B)	the student is under a scholarship scheme or training program that is approved by AIDAB;
the applicant has the support of AIDAB for the grant of the visa.
	(3)	An applicant satisfies the requirements of this subclause if the applicant:
	(a)	is in Australia; and
	(b)	satisfies the criteria in paragraphs 673.221 (2) (c) and (d) and subparagraph 673.221 (2) (g) (iii); and
	(c)	has compelling personal reasons for the grant of the visa; and
	(d)	satisfies public interest criterion 4005.
		673.222	If, at the time of application, the applicant was the holder of a subclass 417 visa, the applicant establishes that exceptional reasons exist for the grant of the visa.
673.3	SECONDARY CRITERIA: Nil.
[NOTE:	All applicants must satisfy the primary criteria.]
673.4	CIRCUMSTANCES APPLICABLE TO GRANT
	673.411	If the applicant is outside Australia at the time of application, the applicant must be outside Australia at the time of grant.
	673.412	If the applicant is in Australia at the time of application, the applicant must be in Australia at the time of grant.
673.5	WHEN VISA IS IN EFFECT
	673.511	If the visa is granted outside Australia-temporary visa permitting the holder:
	(a)	to travel to, and enter, Australia on one or more occasions until a date specified by the Minister for the purpose; and
	(b)	to remain in Australia:
	(i)	for a period (not longer than 3 months after the date of each entry) specified by the Minister for the purpose; or
	(ii)	until a date (not later than 3 months after the date of each entry specified by the Minister for the purpose.
	673.512	(1)	In this clause:
"date of latest entry", in relation to the holder of a visa, is the date on which he or she last entered Australia before the grant of the visa.
	(2)	If the visa is granted in Australia-temporary visa permitting the holder:
	(a)	to remain in Australia:
	(i)	for a period (not longer than 3 months after the date of latest entry) specified by the Minister for the purpose; or
	(ii)	until a date not longer than 3 months after the date of latest entry) specified by the Minister for the purpose; and
	(b)	if the holder leaves Australia:
	(i)	to travel to and enter Australia on one or more occasions until a date specified by the Minister for the purpose; and
	(ii)	to remain in Australia:
	(A)	for a period (not longer than 3 months after the date of each entry) specified by the Minister for the purpose; or
	(B)	until a date (not later than 3 months after the date of each entry) specified by the Minister for the purpose.
673.6	CONDITIONS
	673.611	Conditions 9101, 9106 and 9234.
	673.612	Condition 9225 may be imposed.
673.7	WAY OF GIVING EVIDENCE
	673.711	Visa label affixed to a valid passport.
SUBCLASS 674-VISITOR OTHER (SHORT STAY)
674.1	INTERPRETATION
[NOTE:	No interpretation provisions specific to this Part.]
674.2	PRIMARY CRITERIA
[NOTE:	All applicants must satisfy the primary criteria.]
674.21	Criteria to be satisfied at time of application
	674.211	The applicant:
	(a)	seeks to visit Australia, or remain in Australia as a visitor, primarily for reasons other than tourism, business, medical treatment or to visit close family relatives; and
	(b)	has adequate funds for personal support during the period of the visit.
	674.212	If the application is made outside Australia, the period of stay in Australia proposed in the application does not exceed 3 months.
	674.213	If the application is made in Australia:
	(a)	the applicant:
	(i)	is the holder of a substantive temporary visa other than a subclass 426 visa; or
	(ii)	the applicant does not hold a substantive visa and:
	(A)	immediately before ceasing to hold a substantive visa, was the holder of a substantive temporary visa other than a visa of subclass 426; and
	(B)	satisfies Schedule 3 criteria 3001, 3003, 3004 and 3005; and
	(c)	the applicant has complied substantially with the conditions to which the visa (if any) held, or last held, by the applicant is, or was, subject; and
	(d)	the grant of the visa would not result in the applicant being authorised to remain in Australia for more than 3 consecutive months as the holder of 1 or more visitor (short stay) visas.
674.22	Criteria to be satisfied at time of decision
	674.221	(1)	The applicant meets the requirements of subclause (2) or (3).
	(2)	The applicant meets the requirements of this subclause if:
	(a)	the applicant continues to satisfy the criterion in clause 674.211; and
	(b)	if the application is made outside Australia, the applicant continues to satisfy the criterion in clause 674.212; and
	(c)	the applicant satisfies the Minister that the expressed intention of the applicant only to visit Australia is genuine; and
	(d)	the Minister is satisfied that the grant of the visa would not prejudice the rights and interests of any person who has custody or guardianship of, or access to, the applicant; and
	(e)	the applicant satisfies public interest criteria 4001 to 4005, 4011 and 4012; and
	(f)	if the applicant is applying outside Australia and has previously been in Australia, the applicant satisfies special return criteria 5001, 5003, 5005 and 5007 to 5009; and
	(g)	if the application is made in Australia:
	(i)	the applicant continues to satisfy the criteria in paragraphs 674.213 (b) and (c); and
	(ii)	the Minister is satisfied that the further period of stay in Australia is not sought for the purpose of commencing, continuing or completing any studies or training; and
	(iii)	the Minister is satisfied that the applicant intends to comply with any conditions subject to which the visa is granted; and
	(iv)	the applicant produces evidence of adequate arrangements for health insurance to cover possible medical or hospital expenses; and
	(v)	if, at the time of application, the applicant was:
	(A)	the holder of a student visa on the grounds of having satisfied the primary criteria for that visa; and
	(B)	the student is under a scholarship scheme or training program that is approved by AIDAB;
the applicant has the support of AIDAB for the grant of the visa.
	(3)	An applicant satisfies the requirements of this subclause if the applicant:
	(a)	is in Australia; and:
	(b)	satisfies the criteria in paragraph 674.221 (2) (c) and subparagraph 674.221 (2) (g) (iii); and
	(c)	has compelling personal reasons for the grant of the visa; and
	(d)	satisfies public interest criterion 4005.
	674.222	If, at the time of application, the applicant was the holder of a subclass 417 visa, the applicant establishes that exceptional reasons exist for the grant of the visa.
674.3	SECONDARY CRITERIA: Nil.
[NOTE:	All applicants must satisfy the primary criteria.]
674.4	CIRCUMSTANCES APPLICABLE TO GRANT
	674.411	If the applicant is outside Australia at the time of application, the applicant must be outside Australia at the time of grant.
	674.412	If the applicant is in Australia at the time of application, the applicant must be in Australia at the time of grant.
674.5	WHEN VISA IS IN EFFECT
	674.511	If the visa is granted 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:
	(i)	for a period (not longer than 3 months after the date of each entry) specified by the Minister for the purpose; or
	(ii)	until a date (not later than 3 months after the date of each entry) specified by the Minister for the purpose.
	674.512	(1)	In this clause:
"date of latest entry", in relation to the holder of a visa, is the date on which he or she last entered Australia before the grant of the visa.
	(2)	If the visa is granted in Australia-temporary visa permitting the holder:
	(a)	to remain in Australia:
	(i)	for a period (not longer than 3 months after the date of latest entry) specified by the Minister for the purpose; or
	(ii)	until a date not longer than 3 months after the date of latest entry) specified by the Minister for the purpose; and
	(b)	if the holder leaves Australia:
	(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:
	(A)	for a period (not longer than 3 months after the date of each entry) specified by the Minister for the purpose; or
	(B)	until a date (not later than 3 months after the date of each entry) specified by the Minister for the purpose.
674.6	CONDITIONS
	674.611	Conditions 8101, 8201 and 8205.
	674.612	Condition 8503 may be imposed.
674.7	WAY OF GIVING EVIDENCE
	674.711	Visa label affixed to a valid passport.
SUBCLASS 675-MEDICAL TREATMENT (SHORT STAY)
675.1	INTERPRETATION
[NOTE:	No interpretation provisions specific to this Part.]
675.2	PRIMARY CRITERIA
[NOTE	All applicants must satisfy the primary criteria.]
675.21	Criteria to be satisfied at time of application
	675.211	The applicant seeks to visit Australia, or remain in Australia as a visitor, for the purposes of medical treatment or for related purposes.
	675.212	(1)	The applicant meets the requirements of subclause (2), (3), (4) or (5).
	(2)	An applicant meets the requirements of this subclause if the applicant:
	(a)	seeks to obtain medical treatment (including consultation), other than treatment for the purposes of surrogate motherhood, in Australia; and
	(b)	satisfies the Minister that arrangements have been concluded to carry out the treatment; and
	(c)	satisfies the Minister that arrangements have been concluded for the payment of all costs related to the treatment and all other expenses of the applicant's stay in Australia, including the expenses of any person accompanying the applicant; and
	(d)	satisfies the Minister that, except where evidence is produced that the relevant government authority has otherwise approved, the payment of those costs will not be a charge on the Commonwealth, a State, a Territory or any public authority in Australia; and
	(e)	satisfies the Minister that, if the treatment is an organ transplant, the donor of the relevant organ is accompanying the applicant to Australia or that all requisite arrangements to effect the donation of the organ have been concluded in Australia.
	(3)	An applicant meets the requirements of this subclause if the applicant:
	(a)	seeks to donate an organ for transplant in Australia; and
	(b)	satisfies the Minister that, if the donee is an applicant referred to in subclause (2), the donee meets the requirements of that subclause; and
	(c)	satisfies the Minister that arrangements have been concluded for the payment of all costs related to the organ transplant and all other expenses of the applicant's stay in Australia, including the expenses of any person accompanying the applicant; and
	(d)	satisfies the Minister that, except where evidence is produced that the relevant government authority has otherwise approved, the payment of those costs will not be a charge on the Commonwealth, a State, a Territory or any public authority in Australia.
	(4)	The applicant meets the requirements of this subclause if the applicant:
	(a)	seeks to travel to Australia to give emotional and other support to an applicant described in subclause (2) or (3); and
	(b)	satisfies the Minister that the person to whom the applicant is to provide support meets the requirements of subclause (2) or (3), as the case requires; and
	(c)	satisfies the Minister that arrangements have been concluded for the payment of all expenses related to procedures to be undergone by the person to whom the applicant seeks to provide support, including the expenses of the applicant's stay in Australia; and
	(d)	satisfies the Minister that, except where evidence is produced that the relevant government authority has otherwise approved, the payment of those expenses will not be a charge on the Commonwealth, a State, a Territory or any public authority in Australia.
	(5)	The applicant meets the requirements of this subclause if the applicant is a citizen of Papua New Guinea who:
	(a)	resides in the Western Province of Papua New Guinea; and
	(b)	is approved by the Queensland Department of Health for medical evacuation to a hospital in Queensland.
	675.213	The Minister is satisfied that no Australian citizen or Australian permanent resident would be disadvantaged in obtaining medical treatment or consultation if the visa was granted.
	675.214	The applicant has adequate funds for personal support during the period of the visit.
	675.215	If the application is made outside Australia, the period of stay in Australia proposed in the application does not exceed 3 months.
	675.216	If the application is made in Australia:
	(a)	the applicant:
	(i)	is the holder of a substantive temporary visa other than a subclass 426 visa; or
	(ii)	does not hold a substantive visa and:
	(A)	immediately before ceasing to hold a substantive visa, was the holder of a substantive temporary visa other than a subclass 426 visa; and
	(B)	satisfies Schedule 3 criteria 3001, 3003, 3004 and 3005; and
	(c)	the applicant has complied substantially with the conditions to which the visa (if any) held, or last held, by the applicant is, or was, subject; and
	(d)	the grant of the visa would not result in the applicant being authorised to remain in Australia for more than 3 consecutive months as the holder of 1 or more visitor visas.
675.22	Criteria to be satisfied at time of decision
	675.221	(1)	The applicant meets the requirements of subclause (2) or (3).
	 2)	An applicant meets the requirements of this subclause if:
	(a)	the applicant continues to satisfy the criteria in clauses 675.211 to 675.214; and
	(b)	if the application is made outside Australia, the applicant continues to satisfy the criterion in clause 675.215; and
	(c)	the applicant satisfies the Minister that the expressed intention of
the applicant only to visit Australia is genuine; and
	(d)	the applicant satisfies public interest criteria 4001 to 4004; and
	(e)	if the applicant is applying outside Australia and has previously been in Australia, the applicant satisfied special return criteria 5001, 5003, 5005 and 5007 to 5009; and
	(f)	if the applicant is a person described in subclause 675.212 (2), the applicant satisfies the Minister that the applicant does not suffer from a condition that could be a threat to public health in Australia; and
	(g)	if the applicant is a person described in subclause 675.212 (3), the applicant satisfies the Minister that the applicant:
	(i)	is free from tuberculosis or any other communicable disease of a fatal or serious nature that, in the opinion of a Commonwealth medical officer, is a threat to public health in Australia, and is not suspected of having contracted such a disease; and
	(ii)	is free from any other disease or condition that, in the opinion of a Commonwealth medical officer, would be a danger to members of the Australian community; and
	(iii)	is free from any disease or condition (other than a disease or condition normally related to the organ transplant for which the applicant is coming to Australia) that, during the applicant's proposed period of stay in Australia, would, in the opinion of a Commonwealth medical officer:
	(A)	require care or treatment (or both) involving the use of community resources in short supply; or
	(B)	result in the applicant becoming a significant charge on public funds; and
	(h)	if the applicant is a person described in subclause 675.212 (4), the applicant satisfies public interest criterion 4005; and
	(j)	if the application is made in Australia:
	(i)	the Minister is satisfied that the further period of stay in Australia is not sought for the purpose of commencing, continuing or completing any studies or training; and
	(ii)	the Minister is satisfied that the applicant intends to comply with any conditions subject to which the visa is granted; and
	(iii)	if, at the time of application, the applicant was:
	(A)	the holder of a student visa on the grounds of having satisfied the primary criteria for that visa; and
	(B)	the student is under a scholarship scheme or training program that is approved by AIDAB;
the applicant has the support of AIDAB for the grant of the visa.
	(3)	An applicant meets the requirements of this subclause if the applicant is in Australia and:
	(a)	satisfies the criteria in paragraph 675.221 (2) (c) and subparagraph 675.221 (j) (ii); and
	(b)	has compelling personal reasons for the grant of the visa; and
	(c)	satisfies public interest criterion 4005.
675.3	SECONDARY CRITERIA: Nil.
[NOTE:	All applicants must satisfy the primary criteria.]
675.4	CIRCUMSTANCES APPLICABLE TO GRANT
	675.411	If the applicant is outside Australia at the time of application, the applicant must be outside Australia at the time of grant.
	675.412	If the applicant is in Australia at the time of application, the applicant must be in Australia at the time of grant.
675.5	WHEN VISA IS IN EFFECT
	675.511	If the visa is granted 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:
	(i)	for a period (not longer than 3 months after the date of each entry) specified by the Minister for the purpose; or
	(ii)	until a date (not later than 3 months after the date of each entry) specified by the Minister for the purpose.
	675.512	(1)	In this clause:
"date of latest entry", in relation to the holder of a visa, is the date on which he or she last entered Australia before the grant of the visa.
	(2)	If the visa is granted in Australia-temporary visa permitting the holder:
	(a)	to remain in Australia:
	(i)	for a period (not longer than 3 months after the date of latest entry) specified by the Minister for the purpose; or
	(ii)	until a date (not longer than 3 months after the date of latest entry) specified by the Minister for the purpose; and
	(b)	if the holder leaves Australia:
	(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:
	(A)	for a period (not longer than 3 months after the date of each entry) specified by the Minister for the purpose; or
	(B)	until a date (not later than 3 months after the date of each entry) specified by the Minister for the purpose.
675.6	CONDITIONS
	675.611	Conditions 8101, 8201 and 8205.
	675.612	Condition 8503 may be imposed.
675.7	WAY OF GIVING EVIDENCE
	675.711	Visa label affixed to a valid passport.
SUBCLASS 680-TOURIST (LONG STAY)
680.1	INTERPRETATION
[NOTE:	"Tourism" is defined in regulation 1.03. No interpretation provisions specific to this Part.]
680.2	PRIMARY CRITERIA
[NOTE:	All applicants must satisfy the primary criteria.]
680.21	Criteria to be satisfied at time of application
	680.211	The applicant seeks to visit Australia, or remain in Australia as a visitor, for the purpose of tourism and has adequate funds for personal support during the period of the visit.
	680.212	If the application is made outside Australia, the period of stay in Australia proposed in the application exceeds 3 months.
	680.213	If the application is made in Australia:
	(a)	the applicant:
	(i)	is the holder of a substantive temporary visa other than a subclass 426 visa; or
	(ii)	does not hold a substantive visa and:
	(A)	immediately before ceasing to hold a substantive visa, was the holder of a substantive temporary visa except a visa of subclass 426; and
	(B)	satisfies Schedule 3 criteria 3001, 3003, 3004 and 3005; and
	(b)	the applicant has complied substantially with the conditions to which the visa (if any) held, or last held, by the applicant is, or was, subject.
680.22	Criteria to be satisfied at time of decision
	680.221	(1)	The applicant meets the requirements of subclause (2) or (3).
	(2)	An applicant meets the requirements of this subclause if:
	(a)	the applicant continues to satisfy the criterion in clause 680.211; and
	(b)	if the application is made outside Australia, the applicant continues to satisfy the criterion in clause 680.212; and
	(c)	the applicant satisfies the Minister that the expressed intention of the applicant only to visit Australia is genuine; and
	(d)	the Minister is satisfied that the grant of the visa would not prejudice the rights and interests of any person who has custody or guardianship of, or access to, the applicant; and
	(e)	the applicant satisfies public interest criteria 4001 to 4005, 4011 and 4012; and
	(f)	if the applicant is applying outside Australia and has previously been in Australia, the applicant satisfies special return criteria 5001, 5003, 5005 and 5007 to 5009; and
	(g)	if the application is made in Australia:
	(i)	the applicant continues to satisfy the criterion in paragraph 680.213 (b); and
	(ii)	the Minister is satisfied that the further period of stay in Australia is not sought for the purpose of commencing, continuing or completing any studies or training; and
	(iii)	the Minister is satisfied that the applicant intends to comply with any conditions to which the visa is granted; and
	(iv)	the applicant produces evidence of adequate arrangements for health insurance to cover possible medical or hospital expenses; and
	(v)	if the grant of the visa would result in the applicant being authorised to stay in Australia for more than 12 consecutive months as the holder of 1 or more visitor visas or a subclass 417 visa, the applicant must satisfy the Minister that exceptional circumstances exist for the grant of the visa; and
	(vi)	if, at the time of application, the applicant was:
	(A)	the holder of a student visa on the grounds of having satisfied the primary criteria for that visa; and
	(B)	a student under a scholarship scheme or training program approved by AIDAB;
the applicant has the support of AIDAB for the grant of the visa.
	(3)	An applicant meets the requirements of this subclause if the  applicant:
	(a)	is in Australia; and:
	(b)	satisfies the criteria in paragraph 680.221 (2) (c) and subparagraph 680.221 (2) (g) (iii); and
	(c)	has compelling personal reasons for the grant of the visa; and
	(d)	satisfies public interest criterion 4005.
680.3	SECONDARY CRITERIA: Nil.
[NOTE:	All applicants must satisfy the primary criteria.]
680.4	CIRCUMSTANCES APPLICABLE TO GRANT
	680.411	If the applicant is outside Australia at the time of application, the applicant must be outside Australia at the time of grant.
	680.412	If the applicant is in Australia at time of application, the applicant must be in Australia at the time of grant.
680.5	WHEN VISA IS IN EFFECT
	680.511	(1)	If the visa is granted 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:
	(i)	for a period specified by the Minister for the purpose; or
	(ii)	until a date specified by the Minister for the purpose.
	(2)	If the visa is granted 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 one or more occasions until a date specified by the Minister for the purpose; and
	(ii)	to remain in Australia after each entry:
	(A)	for a period specified by the Minister for the purpose; or
	(B)	until a date specified by the Minister for the purpose.
680.6	CONDITIONS
	680.611	Conditions 8101, 8201 and 8205.
	680.612	Condition 8503 may be imposed.
680.7	WAY OF GIVING EVIDENCE
	680.711	Visa label affixed to a valid passport.
SUBCLASS 682-BUSINESS VISITOR (LONG STAY)
682.1	INTERPRETATION
[NOTE:	"Work" is defined in regulation 1.03. No interpretation provisions specific to this Part.]
682.2	PRIMARY CRITERIA
682.21	Criteria to be satisfied at time of application
	682.211	The applicant seeks to visit Australia, or remain in Australia as a visitor, for business purposes and has adequate funds for personal support during the period of the visit.
	682.212	The applicant does not intend to engage in work that might otherwise be carried out by an Australian citizen or an Australian permanent resident.
	682.213	If the application is made outside Australia, the period of stay in Australia proposed in the application exceeds 3 months.
	682.214	If the application is made in the Australia:
	(a)	the applicant:
	(i)	is the holder of a substantive temporary visa other than a subclass 426 visa; or
	(ii)	the applicant does not hold a substantive visa and:
	(A)	immediately before ceasing to hold a substantive visa, was the holder of a substantive temporary visa except a visa of subclass 426; and
	(B)	satisfies Schedule 3 criteria 3001, 3003, 3004 and 3005; and
	(b)	the applicant has complied substantially with the conditions to which the visa (if any) held, or last held, by the applicant is, or was, subject.
682.22	Criteria to be satisfied at time of decision
	682.221	(1)	The applicant meets the requirements of subclause (2) or (3).
	(2)	The applicant meets the requirements of this subclause if:
	(a)	the applicant continues to satisfy the criteria in clauses 682.211 and 682.212; and
	(b)	if the application is made outside Australia, the applicant continues to satisfy the criterion in clause 682.213; and
	(c)	the applicant satisfies the Minister that the expressed intention of the applicant only to visit Australia is genuine; and
	(d)	the Minister is satisfied that the grant of the visa would not prejudice the rights and interests of any person who has custody or guardianship of, or access to, the applicant; and
	(e)	the applicant satisfies public interest criteria 4001 to 4005 and 4011; and
	(f)	if the applicant is applying outside Australia and has previously been in Australia, the applicant satisfies special return criteria 5001, 5003, 5005 and 5007 to 5009; and
	(g)	if the application is made in the Australia:
	(i)	the applicant continues to satisfy the criteria in paragraphs
682.214 (b); and
	(ii)	the Minister is satisfied that the further period of stay in
Australia is not sought for the purpose of commencing, continuing or
completing any studies or training; and
	(iii)	the Minister is satisfied that the applicant intends to comply
with any conditions to which the visa is granted; and
	(iv)	the applicant produces evidence of adequate arrangements for health
insurance to cover possible medical or hospital expenses; and
	(v)	if the grant of the visa would result in the applicant being
authorised to stay in Australia for more than 12 consecutive months as the
holder of 1 or more visitor visas or a subclass 417 visa, the applicant
must satisfy the Minister that exceptional circumstances exist for the
grant of the visa; and
	(vi)	if, at the time of application, the applicant was:
	(A)	the holder of a student visa on the grounds of having satisfied
the primary criteria for that visa; and
	(B)	the student is under a scholarship scheme or training program that
is approved by AIDAB;
the applicant has the support of AIDAB for the grant of the visa.
	(3)	An applicant satisfies the requirements of this subclause if the
applicant:
	(a)	is in the Australia; and:
	(b)	satisfies the criteria in paragraph 682.221 (2) (c) and subparagraph
682.221 (2) (g) (iii); and
	(c)	has compelling personal reasons for the grant of the visa; and
	(d)	satisfies the public interest criterion 4005.
682.3 SECONDARY CRITERIA: Nil.
(NOTE: All applicants must satisfy the primary criteria.)
682.4 CIRCUMSTANCES APPLICABLE TO GRANT
682.411 If the applicant is outside Australia at the time of application,
the applicant must be outside the Australia at the time of grant.
682.412 If the applicant is in the Australia at time of application, the
applicant must be in the Australia at the time of grant.
682.5 WHEN VISA IS IN EFFECT
682.511 (1) If the visa is granted outside Australia-temporary visa
permitting the holder:
	(a)	to travel to, and enter, Australia on one or more occasions until a
date specified by the Minister for the purpose; and
	(b)	to remain in Australia:
	(i)	for a period specified by the Minister for the purpose; or
	(ii)	until a date specified by the Minister for the purpose.
	(2)	If the visa is granted in Australia-temporary visa permitting the
holder:
	(a)	to remain in Australia:
	(i)	for a period specified by the Minister for the purpose; or
	(ii)	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 one or more occasions until a
date specified by the Minister for the purpose; and
	(ii)	to remain in Australia:
	(A)	for a period specified by the Minister for the purpose; or
	(B)	until a date specified by the Minister for the purpose.
682.6 CONDITIONS
682.611 Conditions 8201, 8106 and 8205.
682.612 Condition 8503 may be imposed.
682.7 WAY OF GIVING EVIDENCE
682.711 Visa label affixed to a valid passport.
SUBCLASS 683-CLOSE FAMILY VISITOR (LONG STAY)
683.1 INTERPRETATION
(NOTE: No interpretation provisions specific to this Part.)
683.2 PRIMARY CRITERIA
(NOTE: All applicants must satisfy the primary criteria.)
683.21 Criteria to be satisfied at time of application
683.211 The applicant:
	(a)	seeks to visit Australia, or remain in Australia as a visitor, for the
purpose of visiting an Australian citizen or an Australian permanent
resident, who is a parent, spouse, child, brother or sister of the
applicant; and
	(b)	has adequate funds for personal support during the period of the
visit.
683.212 If the application is made outside Australia, the period of stay in
Australia proposed in the application exceeds 3 months.
683.213 If the application is made in Australia:
	(a)	the applicant:
	(i)	is the holder of a substantive temporary visa other than a subclass
426 visa; or
	(ii)	does not hold a substantive visa and:
	(A)	immediately before ceasing to hold a substantive visa, was the
holder of a substantive temporary visa other than a subclass 426 visa; and
	(B)	satisfies Schedule 3 criteria 3001, 3003, 3004 and 3005; and
	(b)	the applicant has complied substantially with the conditions to which
the visa (if any) held, or last held, by the applicant is, or was, subject.
683.22 Criteria to be satisfied at time of decision
683.221 (1) The applicant meets the requirements of subclause (2) or (3).
	(2)	An applicant meets the requirements of this subclause if:
	(a)	the applicant continues to satisfy the criterion in clause 683.211; and
	(b)	if the application is made outside Australia, the applicant continues to satisfy the criterion in clause 680.212; and
	(c)	the applicant satisfies the Minister that the expressed intention of the applicant only to visit Australia is genuine; and
	(d)	the Minister is satisfied that the grant of the visa would not prejudice the rights and interests of any person who has custody or guardianship of, or access to, the applicant; and
	(e)	the applicant satisfies public interest criteria 4001 to 4005 and 4011; and
	(f)	if the applicant is applying outside Australia and has previously been in Australia, the applicant satisfies special return criteria 5001, 5003, 5005 and 5007 to 5009; and
	(g)	if the application is made in Australia:
	(i)	the applicant continues to satisfy the criteria specified in paragraphs 683.213 (b); and
	(ii)	the Minister is satisfied that the further period of stay in Australia is not sought for the purpose of commencing, continuing or completing any studies or training; and
	(iii)	the Minister is satisfied that the applicant intends to comply with any conditions to which the visa is granted; and
	(iv)	the applicant produces evidence of adequate arrangements for health insurance to cover possible medical or hospital expenses; and
	(v)	if the grant of the visa would result in the applicant being authorised to stay in Australia for more than 12 consecutive months as the holder of 1 or more visitor visas, or a subclass 417 visa, the applicant must satisfy the Minister that exceptional circumstances exist for the grant of the visa; and
	(vi)	if, at the time of application, the applicant was:
	(A)	the holder of a student visa on the grounds of having satisfied the primary criteria for that visa; and
	(B)	the student is under a scholarship scheme or training program that is approved by AIDAB;
the applicant has the support of AIDAB for the grant of the visa.
	(3)	The applicant:
	(a)	is in Australia; and
	(b)	satisfies the criteria in paragraph 683.221 (2) (b) and subparagraph 683.221 (2) (g) (iii); and
	(c)	has compelling personal reasons for the grant of the visa; and
	(d)	satisfies public interest criterion 4005.
683.3	SECONDARY CRITERIA: Nil.
[NOTE:	All applicants must satisfy the primary criteria.]
683.4	CIRCUMSTANCES APPLICABLE TO GRANT
	683.411	If the applicant is outside Australia at the time of application, the applicant must be outside Australia at the time of grant.
	683.412	If the applicant is in Australia at the time of application, the applicant must be in Australia at the time of grant.
683.5	WHEN VISA IS IN EFFECT
	683.511	If the visa is granted 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:
	(i)	for a period specified by the Minister for the purpose; or
	(ii)	until a date specified by the Minister for the purpose.
	(2)	If the visa is granted in Australia-temporary visa permitting the holder:
	(a)	to remain in Australia:
	(i)	for a period specified by the Minister for the purpose; or
	(ii)	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:
	(A)	for a period specified by the Minister for the purpose; or
	(B)	until a date specified by the Minister for the purpose.
683.6	CONDITIONS
	683.611	Conditions 8101, 8201 and 8205.
	683.612	Condition 8503 may be imposed.
683.7	WAY OF GIVING EVIDENCE
	683.711	Visa label affixed to a valid passport.
SUBCLASS 684-VISITOR OTHER (LONG STAY)
684.1	INTERPRETATION
[NOTE:	No interpretation provisions specific to this Part.]
684.2	PRIMARY CRITERIA
[NOTE:	All applicants must satisfy the primary criteria.]
684.21	Criteria to be satisfied at time of application
	684.211	The applicant:
	(a)	seeks to visit Australia, or remain in Australia as a visitor, primarily for reasons other than tourism, business, medical treatment or to visit close family relatives; and
	(b)	has adequate funds for personal support during the period of the visit.
	684.212	If the application is made outside Australia, the period of stay in Australia proposed in the application exceeds 3 months.
	684.213	If the application is made in Australia:
	(a)	the applicant:
	(i)	is the holder of a substantive temporary visa other than a subclass 426 visa; or
	(ii)	the applicant does not hold a substantive visa and:
	(A)	immediately before ceasing to hold a substantive visa, was the holder of a temporary visa a visa of subclass 426; and
	(B)	satisfies Schedule 3 criteria 3001, 3003, 3004 and 3005; and
	(b)	the applicant has complied substantially with the conditions to which the visa (if any) held, or last held, by the applicant is, or was, subject.
684.22	Criteria to be satisfied at time of decision
	684.221	(1)	The applicant meets the requirements of subclause (2) or (3).
	(2)	The applicant meets the requirements of this subclause if:
	(a)	the applicant continues to satisfy the criteria in clause 684.211; and
	(b)	if the application is made outside Australia, the applicant continues to satisfy the criterion in clause 684.212; and
	(c)	the applicant satisfies the Minister that the expressed intention of the applicant only to visit Australia is genuine; and
	(d)	the Minister is satisfied that the grant of the visa would not prejudice the rights and interests of any person who has custody or guardianship of, or access to, the applicant; and
	(e)	the applicant satisfies public interest criteria 4001 to 4005, 4011 and 4012; and
	(f)	if the applicant is applying outside Australia and has previously been in Australia, the applicant satisfies special return criteria 5001, 5003, 5005 and 5007 to 5009; and
	(g)	if the application is made in Australia:
	(i)	the applicant continues to satisfy the criterion in paragraph 684.213 (b); and
	(ii)	the Minister is satisfied that the further period of stay in Australia is not sought for the purpose of commencing, continuing or completing any studies or training; and
	(iii)	the Minister is satisfied that the applicant intends to comply with any conditions to which the visa is granted; and
	(iv)	the applicant produces evidence of adequate arrangements for health insurance to cover possible medical or hospital expenses; and
	(v)	if the grant of the visa would result in the applicant being authorised to stay in Australia for more than 12 consecutive months as the holder of 1 or more visitor visas or a subclass 417 visa, the applicant must satisfy the Minister that exceptional circumstances exist for the grant of the visa; and
	(vi)	if, at the time of application, the applicant was:
	(A)	the holder of a student visa on the grounds of having satisfied the primary criteria for that visa; and
	(B)	the student is under a scholarship scheme or training program that is approved by AIDAB the applicant has the support of AIDAB for the grant of the visa.
	(3)	The applicant meets the requirements of this subclause if the applicant:
	(a)	is in Australia; and
	(b)	satisfies the criteria in paragraph 684.221 (2) (c) and subparagraph 684.211 (2) (g) (iii); and
	(c)	has compelling personal reasons for the grant of the visa; and
	(d)	satisfies public interest criterion 4005.
684.3	SECONDARY CRITERIA: Nil.
[NOTE:	All applicants must meet the primary criteria.]
684.4	CIRCUMSTANCES APPLICABLE TO GRANT
	684.411	If the applicant is outside Australia at the time of application, the applicant must be outside Australia at the time of grant.
	684.412	If the applicant is in Australia at the time of application, the applicant must be in Australia at the time of grant.
684.5	WHEN VISA IS IN EFFECT
	684.511	(1)	If the visa is granted outside Australia-temporary visa permitting the holder:
	(a)	to travel to, and enter, Australia on one or more occasions until a date specified by the Minister for the purpose; and
	(b)	to remain in Australia:
	(i)	for a period specified by the Minister for the purpose; or
	(ii)	until a date specified by the Minister for the purpose.
	(2)	If the visa is granted in Australia-temporary visa permitting the holder:
	(a)	to remain in Australia:
	(i)	for a period specified by the Minister for the purpose; or
	(ii)	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 one or more occasions until a date specified by the Minister for the purpose; and
	(ii)	to remain in Australia:
	(A)	for a period specified by the Minister for the purpose; or
	(B)	until a date specified by the Minister for the purpose.
684.6	CONDITIONS
	684.61	Conditions 8101, 8201 and 8205.
	684.62	Condition 8503 may be imposed.
684.7	WAY OF GIVING EVIDENCE
	684.711	Visa label affixed to a valid passport.
SUBCLASS 685-MEDICAL TREATMENT (LONG STAY)
685.1	INTERPRETATION
[NOTE:	No interpretation provisions specific to this Part.]
685.2	PRIMARY CRITERIA
[NOTE:	All applicants must satisfy the primary criteria.]
685.21	Criteria to be satisfied at time of application
	685.211	The applicant seeks to visit Australia, or remain in Australia as a visitor, for the purposes of medical treatment or for related purposes.
	685.212	(1)	The applicant meets the requirements of subclause (2), (3), (4), (5), (6) or (7).
	(2)	An applicant meets the requirements of this subclause if the applicant:
	(a)	seeks to travel to Australia to obtain medical treatment (including consultation), other than treatment for the purposes of surrogate motherhood, in Australia; and
	(b)	satisfies the Minister that arrangements have been concluded to carry out the treatment; and
	(c)	satisfies the Minister that arrangements have been concluded for the payment of all costs related to the treatment and all other expenses of the applicant's stay in Australia, including the expenses of any person accompanying the applicant; and
	(d)	satisfies the Minister that, except where evidence is produced that the relevant government authority has otherwise approved, the payment of those costs will not be a charge on the Commonwealth, a State, a Territory or a public authority in Australia; and
	(e)	satisfies the Minister that, if the treatment is an organ transplant, the donor of the relevant organ is accompanying the applicant to Australia or that all requisite arrangements to effect the donation of the organ have been concluded in Australia.
	(3)	An applicant meets the requirements of this subclause if the applicant:
	(a)	seeks to travel to Australia to donate an organ for transplant in Australia; and
	(b)	satisfies the Minister that, if the donee is an applicant referred to in subclause (2), the donee meets the requirements of that subclause; and
	(c)	satisfies the Minister that arrangements have been concluded for the payment of all costs related to the organ transplant and all other expenses of the applicant's stay in Australia, including the expenses of any person accompanying the applicant; and
	(d)	satisfies the Minister that, except where evidence is produced that the relevant government authority has otherwise approved, the payment of those costs will not be a charge on the Commonwealth, a State, a Territory or a public authority in Australia.
	(4)	An applicant meets the requirements of this subclause if the applicant:
	(a)	seeks to travel to Australia to give emotional and other support to an applicant described in subclause (2) or (3); and
	(b)	satisfies the Minister that the person to whom the applicant is to provide support meets the requirements of subclause (2) or (3), as the case requires; and
	(c)	satisfies the Minister that arrangements have been concluded for the payment of all expenses related to procedures to be undergone by the person to whom the applicant seeks to provide support, including the expenses of the applicant's stay in Australia; and
	(d)	satisfies the Minister that, except where evidence is produced that the relevant government authority has otherwise approved, the payment of those expenses will not be a charge on the Commonwealth, a State, a Territory or a public authority in Australia.
	(5)	An applicant meets the requirements of this subclause if the applicant is a citizen of Papua New Guinea who:
	(a)	resides in the Western Province of Papua New Guinea; and
	(b)	is approved by the Queensland Department of Health for medical evacuation to a hospital in Queensland.
	(6)	An applicant meets the requirements of this subclause if he or she:
	(a)	is in Australia; and
	(b)	has turned 50; and
	(c)	while in Australia, applied:
	(i)	for a permanent entry permit before 1 September 1994; or
	(ii)	for a permanent visa on or after 1 September 1994; and
	(d)	has met all the criteria for the grant of that visa or entry permit other than public interest criteria related to health; and
	(e)	has been refused the visa or entry permit.
	(7)	An applicant meets the requirements of this subclause if he or she is a member of the family unit of a person who meets the requirements of subclause (6).
	685.213	Except in the case of an applicant referred to in subclause 685.212 (6) or (7), the Minister is satisfied that no Australian citizen or Australian permanent resident would be disadvantaged in obtaining medical treatment or consultation if the visa was granted.
685.214	Except in the case of an applicant referred to in subclause 685.212 (6) or (7), the applicant has adequate funds for personal support during the period of the visit.
	685.215	If the application is made outside Australia, the period of stay in Australia proposed in the application exceeds 3 months.
	685.216	(1)	Subject to subclause (2), if the application is made in Australia:
	(a)	the applicant is the holder of a substantive temporary visa other than a subclass 426 visa; or
	(b)	the applicant does not hold a substantive visa and:
	(i)	immediately before ceasing to hold a substantive visa was the holder of a temporary visa other than a visa of subclass 426; and
	(ii)	satisfies Schedule 3 criteria 3001, 3003, 3004 and 3005; and
	(c)	the applicant has complied substantially with the conditions to which the visa (if any) held, or last held, by the applicant is, or was, subject.
	(2)	Subclause (1) does not apply to an applicant referred to in subclause 685.212 (6) or (7).
685.22	Criteria to be satisfied at time of decision
	685.221	(1)	The applicant meets the requirements of subclause (2), (3), (4) or (5).
	(2)	An applicant meets the requirements of this subclause if:
	(a)	the applicant continues to satisfy the criteria in clauses 685.211 to 685.214; and
	(b)	if the application is made outside Australia, the applicant continues to satisfy the criterion in clause 684.215; and
	(c)	the applicant satisfies the Minister that the expressed intention of the applicant only to visit Australia is genuine; and
	(d)	the applicant satisfies public interest criteria 4001 to 4004; and
	(e)	if the applicant is applying outside Australia and has previously been in Australia, the applicant satisfies special return criteria 5001, 5003, 5005 and 5007 to 5009; and
	(f)	if the applicant is a person described in subclause 685.212 (2), the applicant satisfies the Minister that the applicant does not suffer from a condition that could be a threat to public health in Australia; and
	(g)	if the applicant is a person described in subclause 685.212 (3), the applicant satisfies the Minister that the applicant:
	(i)	is free from tuberculosis or any other communicable disease of a fatal or serious nature which, in the opinion of a Commonwealth medical officer, is a threat to public health in Australia, and is not suspected of having contracted such a disease; and
	(ii)	is free from any other disease or condition which, in the opinion of a Commonwealth medical officer, would be a danger to members of the Australian community; and
	(iii)	is free from any disease or condition (other than a disease or condition normally related to the organ transplant for which the applicant is coming to Australia) which, during the applicant's proposed period of stay in Australia, would, in the opinion of a Commonwealth medical officer:
	(A)	require care or treatment (or both) involving the use of community
resources in short supply; or
	(B)	result in the applicant becoming a significant charge on public
funds; and
	(h)	if the applicant is a person described in subclause 685.212 (4), the applicant satisfies public interest criterion 4005; and
	(j)	if the application is made in Australia:
	(i)	the Minister is satisfied that the further period of stay in Australia is not sought for the purpose of commencing, continuing or completing any studies or training; and
	(ii)	the Minister is satisfied that the applicant intends to comply with any conditions subject to which the visa is granted; and
	(iii)	if the grant of the visa would result in the applicant being authorised to stay in Australia for more than 12 consecutive months as the holder of 1 or more visitor visas, the applicant must satisfy the Minister that compelling personal reasons or exceptional circumstances exist for the grant of the visa; and
	(iv)	if, at the time of application, the applicant was:
	(A)	the holder of a student visa on the grounds of having met the primary criteria for that visa and
	(B)	the student is under a scholarship scheme or training program that is approved by AIDAB;
the applicant has the support of AIDAB for the grant of the visa.
	(3)	An applicant meets the requirements of this subclause if the applicant:
	(a)	is in Australia and:
	(b)	satisfies the criteria in paragraph 685.221 (2) (c) and 685.211 (2) (j) (ii); and
	(c)	has compelling personal reasons for the grant of the visa; and
	(d)	satisfies public interest criterion 4005.
	(4)	An applicant meets the requirements of this subclause if he or she:
	(a)	satisfies the criterion in subclause 685.212 (6); and
	(b)	is medically unfit to depart Australia, as evidenced by a written statement to that effect from the Commonwealth Medical Officer.
	(5)	An applicant meets the requirements of this subclause if he or she:
	(a)	is a member of the family unit of a person who satisfies the criterion in subclause 685.212 (6); and
	(b)	that person is unfit to depart Australia, as evidenced by a statement from the Commonwealth Medical Officer.
685.3	SECONDARY CRITERIA: Nil.
[NOTE:	All applicants must satisfy the primary criteria.]
685.4	CIRCUMSTANCES APPLICABLE TO GRANT
	685.411	If the applicant is outside Australia at the time of application, the applicant must be outside Australia at the time of grant.
	685.412	If the applicant is in Australia at the time of application, the applicant must be in Australia at the time of grant.
685.5	WHEN VISA IS IN EFFECT
	685.511	(1)	If the visa is granted 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:
	(i)	for a period specified by the Minister for the purpose; or
	(ii)	until a date specified by the Minister for the purpose.
	(2)	If the visa is granted in Australia-temporary visa permitting the holder:
	(a)	to remain in Australia:
	(i)	for a period specified by the Minister for the purpose; or
	(ii)	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:
	(A)	for a period specified by the Minister for the purpose; or
	(B)	until a date specified by the Minister for the purpose.
685.6	CONDITIONS
	685.611	Conditions 8101, 8201 and 8205.
	685.612	Condition 8503 may be imposed.
685.7	WAY OF GIVING EVIDENCE
	685.711	Visa label affixed to a valid passport.
SUBCLASS 771-TRANSIT
771.1	INTERPRETATION
[NOTE:	"non-military ship" and "member of the crew" are defined in regulation 1.03. No interpretation provisions specific to this Part.]
771.	PRIMARY CRITERIA
(NOTE: All applicants must satisfy the primary criteria.)
771.21	Criteria to be satisfied at time of application
	771.211	The applicant intends to remain in Australia no longer than 72 hours.
	771.212	The applicant establishes that the applicant's principal purpose in entering Australia is:
	(a)	to pass through Australia in transit to another country; or
	(b)	to pass through Australia in order to join a non-military ship (other than a ship that is being imported into Australia) as a member of its crew.
	771.213	The applicant produces tickets or documentation, or both, establishing that the applicant has concluded arrangements for travel to a destination outside Australia.
771.22	Criteria to be satisfied at time of decision
	771.221	The applicant continues to satisfy the criteria specified in clauses 771.211 to 771.213.
	771.222	The applicant satisfies public interest criteria 4001, 4002, 4004 and 4005.
	771.223	If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5003, 5005 and 5007 to 5010.
771.3	SECONDARY CRITERIA: Nil.
[NOTE:	All applicants must meet the primary criteria.]
771.4	CIRCUMSTANCES APPLICABLE TO GRANT
	771.411	The applicant must be outside Australia when the visa is granted.
771.5	WHEN VISA IS IN EFFECT
	771.511	Temporary visa permitting the holder to travel to and enter Australia on 1 or more occasions and to remain in Australia no longer than 72 hours on each occasion.
771.6	CONDITIONS
	771.611	The holder must enter on or before the date specified by the Minister for the purpose.
	771.612	Conditions 8101 and 8201.
	771.613	Any 1 or more of conditions 8501, 8514 and 8516 may be imposed.
771.7	WAY OF GIVING EVIDENCE
	771.711	Visa label affixed to valid passport.
SUBCLASS 773-BORDER
773.1	INTERPRETATION
[NOTE:	"eligible New Zealand citizen" is defined in regulation 1.03. No interpretation provisions specific to this Part.]
773.2	PRIMARY CRITERIA
[NOTE:	All applicants must meet the primary criteria.]
773.21	Criteria to be satisfied at time of application
	773.211	If the applicant has entered Australia and seeks immigration clearance, the applicant satisfies the criteria in clauses 773.212 to 773.216.
	773.212	The applicant does not seek to remain in Australia as a refugee or on humanitarian grounds.
	773.213	(1)	The applicant is:
	(a)	the spouse of an Australian citizen, Australian permanent resident or an eligible New Zealand citizen; or
	(b)	a person who is apparently eligible for a Return (Residence) visa or Resident Return (Temporary) visa; or
	(c)	a person who has entered Australia with a visa that has been cancelled on presentation in immigration clearance because the person has breached a condition that the person is not to arrive in Australia before the arrival of another person specified in the visa; or
	(d)	a person who:
	(i)	is a dependent child of:
	(A)	an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen; or
	(B)	the holder of a visa of a class set out in subclause (2); or
	(C)	the holder of visa of a class set out in subclause (3); and
	(ii)	arrives in Australia in the care of a person who is an Australian citizen or the holder of a visa; or
	(e)	a person who:
	(i)	immediately before last departing Australia, held a visa of a class set out in subclause (3); and
	(ii)	departed in circumstances in which it was not reasonably practicable to obtain a visa before departing; and
	(iii)	would, if refused immigration clearance, be prevented from reunion with a close relative of the person in Australia; or
	(f)	a person who:
	(i)	immediately before last departing Australia, held a Student (Temporary) visa; and
	(ii)	departed in circumstances in which it was not reasonably practicable for the person to obtain a visa before departing; or
	(g)	a person who:
	(i)	has entered Australia without a valid visa; and
	(ii)	seeks to remain in Australia on a temporary basis; and
	(iii)	is apparently eligible for a Short Stay (Visitor), Long Stay (Visitor) or a Special Tourist (Visitor) visa.
	(2)	The classes of visa referred to in sub-subparagraph (1) (d) (i) (B) are the following:
	(a)	Spouse (Migrant);
	(b)	Child (Migrant);
	(c)	Adoption (Migrant);
	(d)	Parent (Migrant);
	(e)	Preferential Family (Migrant);
	(f)	Concessional Family (Migrant);
	(g)	Labour Agreement (Migrant);
	(h)	Employer Nomination (Migrant);
	(j)	Distinguished Talent (Migrant);
	(k)	Independent (Migrant);
	(l)	Business Skills (Migrant);
	(m)	Former Citizen (Migrant);
	(n)	Former Resident (Migrant);
	(p)	Family of New Zealand Citizen (Migrant);
	(q)	General (Residence);
	(r)	Change in Circumstances (Residence);
	(s)	Confirmatory (Residence);
	(t)	Family (Residence);
	(u)	Refugee and Humanitarian (Migrant);
	(v)	Camp Clearance (Migrant);
	(w)	East Timorese in Portugal (Special Assistance);
	(x)	Citizens of Former Yugoslavia (Special Assistance);
	(y)	Minorities of Former USSR (Special Assistance);
	(z)	Burmese in Burma (Special Assistance);
	(za)	Sudanese (Special Assistance);
	(zb)	Burmese in Thailand (Special Assistance);
	(zc)	Cambodian (Special Assistance);
	(zd)	Return (Residence);
	(ze)	Norfolk Island Permanent Resident (Residence);
	(zf)	Protection ;
	(zg)	Territorial Asylum (Residence).
	(3)	The classes of visa referred to in sub-subparagraph (1) (d) (i) (C) and subparagraph (1) (e) (i) are the following:
	(a)	Emergency (Temporary) subclass 303;
	(b)	Business (Temporary);
	(c)	Cultural/Social (Temporary);
	(d)	Diplomatic (Temporary);
	(e)	Domestic Worker (Temporary);
	(f)	Educational (Temporary);
	(g)	Expatriate (Temporary);
	(h)	Family Relationship (Temporary);
	(j)	Interdependency (Temporary);
	(k)	Retirement (Temporary);
	(l)	Supported Dependent (Temporary);
	(m)	Working Holiday (Temporary).
	773.214	In the case of an application by an applicant other than a person referred to in paragraph 773.213 (c), the Minister is satisfied that:
	(a)	there are compelling reasons for granting a subclass 773 visa to the applicant; and
	(b)	the presence of the applicant in Australia would not be contrary to Australia's interests; and
	(c)	the applicant has a good reason for not being the holder of a visa.
	773.215	In the case of an application by an applicant referred to in paragraph 773.213 (c), the Minister is satisfied, on the basis of a written statement by the applicant, that:
	(a)	the applicant has reasonable grounds for having failed to comply with the condition; and
	(b)	there are compelling reasons for allowing the applicant to leave the place of immigration clearance with the permission of the clearance officer; and
	(c)	the specified person referred to in that paragraph will arrive in Australia within 30 days of the applicant being allowed to leave the place of immigration clearance with the permission of the clearance officer.
	773.216	(1)	Subject to subclause (2), if the applicant is an applicant referred to in paragraph 773.213 (e), (f) or (g), the application is not made within 5 years of the grant of a previous subclass 773 visa that was granted to the applicant on the basis of the applicant being a person of that kind.
	(2)	Subclause (1) does not apply to a person who is a passenger on a vessel that has entered Australia because of matters beyond the control of the person in command of the vessel.
	773.217	If the application is made in Australia after immigration clearance, the applicant is the holder of a subclass 773 visa that was granted to the holder as a person referred to in paragraph 773.213 (d).
773.22	Criteria to be satisfied at time of decision
	773.221	If the application is made in Australia and the applicant seeks immigration clearance, the applicant continues to satisfy the criteria in clauses 773.212 to 773.216.
	773.222	The applicant satisfies public interest criteria 4001 to 4005.
	773.223	If the application is made in Australia and the applicant seeks immigration clearance, and has previously been in Australia, the applicant satisfies special return criteria 5001, 5003, 5005 and 5007 to 5010.
	773.224	If the application is made in Australia after immigration clearance:
	(a)	the subclass 773 visa held by the applicant was granted subject to the satisfaction of a requirement or condition before the expiry of a period specified in the visa and that requirement has not been satisfied; and
	(b)	the applicant establishes that it was not possible to satisfy the requirement or condition before expiry of the period; and
	(c)	the Minister is satisfied that it would be unreasonable to require the person to leave Australia.
773.3	SECONDARY CRITERIA: Nil.
[NOTE:	All applicants must satisfy the primary criteria.]
	773.4	CIRCUMSTANCES APPLICABLE TO GRANT
	773.411	When visa is granted, the applicant must be:
	(a)	in Australia and in immigration clearance; or
	(b)	in Australia after immigration clearance.
773.5	WHEN VISA IS IN EFFECT
	773.511	Temporary visa permitting the holder to remain in Australia for a period specified on the visa, not exceeding 30 days from the date of grant.
773.6	CONDITIONS
	773.611	Conditions applicable to the visa for which the applicant is apparently eligible.
773.7	WAY OF GIVING EVIDENCE
	773.711	Visa label affixed to valid passport.
SUBCLASS 800-TERRITORIAL ASYLUM
800.1	INTERPRETATION
[NOTE:	No interpretation provisions specific to this Part.]
800.2	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.]
800.21	Criteria to be satisfied at time of application
	800.211	The applicant has been granted territorial asylum in Australia by instrument of a Minister.
800.22	Criteria to be satisfied at time of decision
	800.221	The applicant continues to satisfy the criterion specified in clause 800.211.
	800.221	The applicant satisfies public interest criteria 4001 to 4006 and 4009.
	800.222	(1)	Each person who is a member of the family unit of the applicant and is also an applicant for a subclass 800 visa satisfies public interest criteria 4001 to 4006 and 4009.
	(2)	Each person who is a member of the family unit of the applicant and is not an applicant for a subclass 800 visa satisfies public interest criteria 4005 and 4006, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to those criteria.
	800.223	If the family unit of the applicant includes a dependent child who made a combined application with the applicant for a subclass 800 visa, the Minister is satisfied that the grant of the visa to the child would not prejudice the rights and interests of any person who has custody or guardianship of, or access to, the child.
800.3	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.]
800.31	Criteria to be satisfied at time of application
	800.311	The applicant is a member of the family unit of a person who satisfies or has satisfied the primary criteria in subdivision 800.21.
800.32	Criteria to be satisfied at time of decision
	800.321	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 800 visa.
	800.322	The applicant satisfies public interest criteria 4001 to 4006 and 4009.
	800.323	If the applicant is the dependent child of a person who is the holder of a subclass 800 visa, the Minister is satisfied that the grant of the visa to the applicant would not prejudice the rights and interests of any other person who has custody or guardianship of, or access to, the applicant.
800.4	CIRCUMSTANCES APPLICABLE TO GRANT
	800.411	The applicant must be in the migration zone when the visa is granted.
[NOTE:	Charges: Any applicable charge under the Migration (Delayed Visa Applications) Tax Act 1992 must be paid before the visa can be granted.]
800.5	WHEN VISA IS IN EFFECT
800.511	Permanent visa permitting the holder to travel to and enter Australia for a period of 4 years from date of grant.
800.6	CONDITIONS: Nil.
800.7	WAY OF GIVING EVIDENCE
	800.711	Visa label affixed to a valid passport.
SUBCLASS 801-SPOUSE
801.1	INTERPRETATION
	801.11	In this Part:
"nominating spouse", in relation to an applicant who is the holder of a subclass 820 visa, means the person who nominated the applicant for the grant of that visa.
[NOTE:	"eligible New Zealand citizen" is defined in regulation 1.03.]
801.2	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.)
801.21	(No criteria to be satisfied at time of application.]
801.22	Criteria to be satisfied at time of decision
	801.221	(1)	The applicant meets the requirements of subclause (2), (3), (4), (5) or (6).
	(2)	An applicant meets the requirements of this subclause if:
	(a)	the applicant is the holder of a subclass 820 visa; and
	(b)	the applicant continues to be nominated for the grant of the subclass 801 visa by the nominating spouse; and
	(c)	the marital relationship between the applicant and the nominating spouse is both genuine and continuing; and
	(d)	subject to subclause (7), at least 2 years have passed since the application was made.
	(3)	An applicant meets the requirements of this subclause if the applicant is the holder of a subclass 820 visa granted on the basis that the applicant satisfied the requirements of subclause 820.221 (2).
	(4)	An applicant meets the requirements of this subclause if the applicant is the holder of a subclass 820 visa granted on the basis that the applicant satisfied the requirements of subclause 820.221 (3).
	(5)	An applicant meets the requirements of this subclause if the applicant:
	(a)	is the holder of a subclass 820 visa; and
	(b)	would meet the requirements of subclause (2) except that the nominating spouse has died; and
	(c)	satisfies the Minister that the marital relationship was genuine and would have continued if the nominating spouse had not died; and
	(d)	has developed close business, cultural or personal ties in Australia.
	(6)	An applicant meets the requirements of this subclause if:
	(a)	the applicant is the holder of a subclass 820 visa; and
	(b)	the applicant would meet the requirements of subclause (2) except that the marital relationship between the applicant and the nominating spouse has ceased; and
	(c)	one or more of the following circumstances applies:
	(i)	on the application of the applicant, a court has granted an injunction under paragraph 114 (1) (a), (b) or (c) of the Family Law Act 1975 against the nominating spouse;
	(ii)	a court has made an order under a law of a State or Territory against the nominating spouse for the protection of the applicant from domestic violence;
	(iii)	a court has convicted the nominating spouse of, or has recorded a finding of guilt against the nominating spouse in respect of, assault or some other offence of violence against the applicant;
	(iv)	the applicant has custody or joint custody of at least 1 child in respect of whom:
	(A)	a court has granted joint custody or access to the nominating spouse; or
	(B)	the nominating spouse is subject to a formal maintenance obligation.
	(7)	Nothing in paragraph (2) (d) prevents the Minister, less than 2 years after the application is made:
	(a)	refusing to grant a subclass 801 visa; or
	(b)	granting a subclass 801 visa to an applicant who was granted a subclass 820 (Spouse) visa on the basis that he or she satisfied the requirements of subclause 820.211 (3) or (5); or
	(c)	granting a subclass 801 visa to an applicant who was granted:
	(i)	an extended eligibility (spouse) (code number 820) entry permit under the Migration (1989) Regulations; or
	(ii)	a Class 820 (extended eligiblility (spouse)) entry permit under the Migration (1993) Regulations;
other than an applicant whose application was in accordance with approved form 887; or
	(d)	approving the grant of a subclass 801 visa to an applicant who meets the requirements of subclause (5) or (6).
	801.222	If so requested by the Minister, an assurance of support in relation to the applicant has been given, and has been accepted by the Minister.
	801.223	(1)	Subject to subclause (2), the applicant satisfies public interest criteria 4001 to 4004 and 4007 to 4009.
	(2)	Subclause (1) does not apply to an applicant who holds a subclass 820 visa granted on the basis that the applicant satisfied the requirements of subclause 820.211 (3), (4) or (5).
	801.224	(1)	Subject to subclause (3), each member of the family unit of the applicant who is an applicant for a subclass 801 visa satisfies public interest criteria 4001 to 4004 and 4007 to 4009.
	(2)	Each member of the family unit of the applicant who is not an applicant for a subclass 801 visa satisfies:
	(a)	public interest criteria 4001 to 4004; and
	(b)	public interest criteria 4007 and 4008, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to those criteria.
	(3)	Subclause (1) does not apply to an applicant who satisfies the requirements of subclause 801.321 as the holder of a subclass 820 visa granted on the basis that the applicant:
	(a)	was the dependent child of a person who satisfied the requirements of subclause 820.211 (3), (4) or (5); and
	(b)	entered Australia as the holder, as a dependent child, of a visa of the same class as the visa held by that person.
	801.225	The Minister is satisfied that the grant of the visa to the applicant would not prejudice the rights and interests of any person who has custody or guardianship of, or access to, a dependent child of the applicant.
801.3	SECONDARY CRITERIA
(NOTE: The secondary criteria must be satisfied by applicants who are dependent children of a person who satisfies the primary criteria.)
801.31	(No criteria to be satisfied at time of application.)
801.32	Criteria to be satisfied at time of decision
	801.321	An applicant meets the requirements of this subclause if:
	(a)	the applicant is the holder of a subclass 445 visa or a subclass 820 visa granted on the basis that the applicant was the dependent child of another person who was the holder of a subclass 820 visa; and
	(b)	that other person has been granted a subclass 801 visa.
	801.322	If an assurance of support has been requested by the Minister in relation to the relevant person who satisfies the primary criteria:
	(a)	an assurance of support in relation to that person, that includes the applicant, has been given and has been accepted by the Minister; or
	(b)	an assurance of support in relation to the applicant has been given and has been accepted by the Minister.
	801.323	(1)	Subject to subclause (2), the applicant satisfies public interest criteria 4001 to 4004 and 4007 to 4009.
	(2)	Subclause (1) does not apply to an applicant who holds a subclass 820 visa granted on the basis that the applicant met the requirements of clause 820.311 as the dependent child of a person:
	(a)	who satisfied the requirements of subclause 820.211 (3), (4) or (5); and
	(b)	who entered Australia as the holder, as a dependent child, of a visa of the same class as the visa held by that person.
	801.324	The Minister is satisfied that the grant of the visa to the applicant would not prejudice the rights and interests of any person who has custody or guardianship of, or access to, the applicant.
801.4	CIRCUMSTANCES APPLICABLE TO GRANT
	801.411	The applicant must be in Australia, but not in immigration clearance when the visa is granted.
801.5	WHEN VISA IS IN EFFECT
	801.511	Permanent visa permitting the holder to travel to and enter Australia for 4 years from date of grant.
801.6	CONDITIONS: Nil.
801.7	WAY OF GIVING EVIDENCE
	801.711	Visa label affixed to a passport.
SUBCLASS 802-CHILD
802.1	INTERPRETATION
[NOTE:	"eligible New Zealand citizen" is defined in regulation 1.03. No interpretation provisions specific to this Part.]
802.2	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.]
802.21	Criteria to be satisfied at time of application
	802.211	If the applicant is subject to section 48 of the Act, the applicant:
	(a)	has not been refused a visa or had a visa cancelled under section 501 of the Act; and
	(b)	has become a dependent child of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen since he or she last applied for a visa.
	802.212	The applicant is:
	(a)	a dependent child of a person who is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen; and
	(b)	nominated for the grant of the visa by that person.
802.22	Criteria to be satisfied at time of decision
	802.221	The applicant continues to satisfy the criterion in clause 802.212.
	802.222	If so requested by the Minister, an assurance of support in relation to the applicant has been given, and has been accepted by the Minister.
	802.223	The applicant satisfies public interest criteria 4001 to 4004, 4007 and 4008.
	802.224	(1)	Each member of the family unit of the applicant who is an applicant for a subclass 802 visa satisfies public interest criteria 4001 to4004, 4007 and 4008.
	(2)	Each member of the family unit of the applicant who is not an applicant for a subclass 802 visa satisfies public interest criteria 4007 and 4008, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to those criteria.
	802.225	The Minister is satisfied that the grant of the visa to the applicant would not prejudice the rights and interests of any person who has custody or guardianship of, or access to, the applicant or a dependent child of the applicant.
802.3	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.]
802.31	Criteria to be satisfied at time of application
	802.311	The applicant meets the requirements of this subclause if the applicant is a member of the family unit of a person who satisfies the primary criteria in subdivision 802.21.
802.32	Criteria to be satisfied at time of decision
	802.321	The applicant meets the requirements of this subclause if the applicant is a member of the family unit of a person who satisfies or has satisfied the primary criteria in subdivision 802.22.
	802.322	The applicant satisfies public interest criteria 4001 to 4004, 4007 and 4008.
	802.323	If an assurance of support has been requested by the Minister in relation to the relevant person who satisfies the primary criteria:
	(a)	an assurance of support in relation to that person, that includes the applicant, has been given and has been accepted by the Minister; or
	(b)	an assurance of support in relation to the applicant has been given, and has been accepted by the Minister.
802.324 If the applicant is a dependent child, the Minister is satisfied that the grant of the visa to the applicant would not prejudice the rights and interests of any person who has custody or guardianship of, or access to, the applicant.
802.4	CIRCUMSTANCES APPLICABLE TO GRANT
	802.41	The applicant must be in Australia, but not in immigration
clearance, when the visa is granted.
[NOTE:	Charges: Any applicable charge under the Migration (Delayed Visa Applications) Tax Act 1992 must be paid before the visa can be granted.]
802.5	WHEN VISA IS IN EFFECT
	802.51	Permanent visa permitting the holder to travel to and enter Australia for a period of 4 years from the date of grant.
802.6	CONDITIONS: Nil.
802.7	WAY OF GIVING EVIDENCE
	802.7	Visa label affixed to a passport.
SUBCLASS 804-AGED PARENT
804.1	INTERPRETATION
	804.11	In this Part:
"adult child", in relation to an applicant, means a child of the applicant who has turned 18.
[NOTE:	"aged parent" and "eligible New Zealand citizen" are defined in regulation 1.03.]
804.2	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.]
804.21	Criteria to be satisfied at time of application
	804.211	If the applicant is subject to section 48 of the Act, the applicant:
	(a)	has not been refused a visa or had a visa cancelled under section 501 of the Act; and
	(b)	has become an aged parent of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen since he or she last applied for a visa.
	804.212	The applicant is nominated for the grant of the visa by an adult child of the applicant who is:
	(a)	a settled Australian citizen;
	(b)	a settled Australian permanent resident; or
	(c)	a settled eligible New Zealand citizen.
	804.213	If the applicant is not the holder of a substantive visa, the applicant satisfies Schedule 3 criterion 3002.
804.22	Criteria to be satisfied at time of decision
	804.221	The applicant is an aged parent of the Australian citizen, Australian permanent resident or eligible New Zealand citizen referred to in clause 804.212.
	804.222	The applicant continues to satisfy the criterion in clause 804.212.
	804.223	The applicant satisfies the balance of family test.
[NOTE:	the balance of family test is set out in regulation 1.05.]
	804.224	An assurance of support in relation to the applicant has been given, and has been accepted by the Minister.
	804.225	The applicant satisfies public interest criteria 4001 to 4006, 4009 and 4010.
	804.226	(1)	Each member of the family unit of the applicant who is an applicant for a subclass 804 visa satisfies public interest criteria 4001 to 4006, 4009 and 4010.
	(2)	Each member of the family unit of the applicant who is not an applicant for a subclass 804 visa satisfies;
	(a)	public interest criteria 4001 to 4004; and
	(b)	public interest criteria 4005 and 4006, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criteria.
	804.227	The Minister is satisfied that the grant of the visa to the applicant would not prejudice the rights and interests of any person who has custody or guardianship of, or access to, a dependent child of the applicant.
804.3	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.]
804.31	Criteria to be satisfied at time of application
	804.311	The applicant is a member of the family unit of a person who satisfies or has satisfied the primary criteria in subdivision 804.21.
804.32	Criteria to be satisfied at time of decision
	804.321	The applicant continues to be a member of the family unit of a person who satisfies the primary criteria in subdivision 804.22.
	804.322	The applicant satisfies public interest criteria 4001 to 4006, 4009 and 4010.
	804.323	Either:
	(a)	an assurance of support in relation to the relevant person who satisfies the primary criteria, that includes the applicant, has been given, and has been accepted by the Minister; or
	(b)	an assurance of support in relation to the applicant has been given, and has been accepted by the Minister.
	804.324	If the applicant is a dependent child, the Minister is satisfied that the grant of the visa to the applicant would not prejudice the rights and interests of any person who has custody or guardianship of, or access to, the applicant.
804.4	CIRCUMSTANCES APPLICABLE TO GRANT
	804.411	The applicant must be in Australia, but not in immigration clearance when the visa is granted.
[NOTE:	CHARGES:	Any applicable charges under the Migration (Health Services) Charge Act 1991 or the Migration (Delayed Visa Applications) Tax Act 1992 must be paid before the visa can be granted.]
804.5	WHEN VISA IS IN EFFECT
	804.511	Permanent visa permitting the holder to travel to and enter Australia for 4 years from the date of grant.
804.6	CONDITIONS: Nil.
804.7	WAY OF GIVING EVIDENCE
	804.711	Visa label affixed to a passport.
SUBCLASS 805-SKILLED
805.1	INTERPRETATION
[NOTE:	No interpretation provisions specific to this Part.]
805.2	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.]
805.21	Criteria to be satisfied at time of application
	805.211	(1)	The applicant is not the holder of a Long Stay (Visitor) visa, a Short Stay (Visitor) visa, a Special Tourist (Visitor) visa, a special purpose visa or a Special Category (Temporary) visa.
	(2)	If the applicant is not the holder of a substantive visa:
	(a)	the applicant satisfies criteria 6003 and 6005; and
	(b)	the last substantive visa held by the applicant was not a Long Stay (Visitor) visa, a Short Stay (Visitor) visa, a Special Tourist (Visitor) visa, a special purpose visa or a Special Category (Temporary) visa.
	805.212	(1)	The applicant meets the requirements of subclause (2), (3), (4) , (5), (6), or (7).
	(2)	An applicant meets the requirements of this subclause if he or she has held:
	(a)	1 or more visas of 1 of the following classes:
	(i)	Business (Temporary);
	(ii)	Cultural/Social (Temporary);
	(iii)	Educational (Temporary);
	(iv)	Family Relationship (Temporary);
	(v)	Supported Dependent (Temporary);
	(vi)	Interdependency (Temporary);
	(vii)	Sri Lankan (Temporary);
	(viii)	Citizens of Former Yugoslavia (Temporary);
	(ix)	Change of Circumstance (Temporary); or
	(b)	1 or more Confirmatory (Temporary) visas granted on the basis that the applicant had applied for a visa of a class listed in paragraph (a), but needed to travel to Australia before some criteria had been satisfied, and if he or she subsequently satisfied those criteria;
valid for an aggregate period of more than 12 months, and currently holds a visa of 1 of those classes.
	(3)	An applicant meets the requirements of this subclause if he or she has held:
	(a)	1 or more Group 2.6 (Refugee and Humanitarian (Temporary Entry)) entry permits under the Migration (1993) Regulations permitting temporary residence in Australia for a total period of more than 12 months; or
	(b)	1 or more a subclass 443 (Citizen of Former Yugoslavia) or 435 (Sri Lankan) visas permitting temporary residence in Australia for a total period of more than 12 months.
	(4)	An applicant meets the requirements of this subclause if:
	(a)	he or she:
	(i)	is the holder of a Student (Temporary) visa granted in relation to an award course at associate diploma level or above completed by the applicant while he or she was the holder of that visa; and
	(ii)	subject to subclause (9), is not an assisted student; or
	(b)	he or she
	(i)	is the holder of a Group 2.2 (student) entry permit granted under the Migration (1993) Regulations in relation to a formal course, or a category A course, completed by the applicant while the holder of that permit; and
	(ii)	is not a category B student for the purposes of the Migration (1993) Regulations or, subject to subclause (9), an assisted student.
	(5)	An applicant meets the requirements of this subclause if he or she is the holder of a Working Holiday (Temporary) visa.
	(6)	An applicant meets the requirements of this subclause if:
	(a)	the applicant produces written testimony given by an Australian citizen, an Australian permanent resident, an eligible New Zealand citizen or an Australian organisation having a national reputation in relation to a profession, occupation or other activity as to the applicant's standing in that profession, occupation or activity; and
	(b)	either:
	(i)	the applicant:
	(A)	has an exceptional record of achievement in that occupation, profession or activity; and
	(B)	would be an asset to the Australian community; and
	(C)	would have no difficulty in obtaining employment or in becoming established independently in Australia in that occupation, profession or activity; or
	(ii)	the applicant has a record of outstanding achievement, and is still prominent, in the arts or sport.
	(7)	An applicant meets the requirements of this subclause if:
	(a)	the applicant:
	(i)	has an exceptional record of achievement in an occupation, profession or activity; and
	(ii)	would be an asset to the Australian community; and
	(iii)	would have no difficulty obtaining employment or becoming established independently in Australia in that occupation, profession or activity; or
	(b)	the applicant has a record of outstanding achievement, and is still prominent, in the arts or sport; or
	(c)	in the opinion of the Minister, acting on the advice of:
	(i)	the Minister responsible for an intelligence or security agency within the meaning of the Australian Security Intelligence Organisation Act 1979; or
	(ii)	the Director-General of Security;
the applicant has provided specialised assistance to the Australian Government in matters of security.
	(8)	Subclause (1) does not apply to an applicant who is an unlawful non-citizen if he or she would have satisfied the requirements of that subclause if the application had been made immediately before he or she became an unlawful citizen.
	(9)	For the purposes of subparagraph (4) (b), "assisted student" does not include a student granted entry to Australia for the purpose of study or training under the Subsidised Overseas Students Program.
	805.213	(1)	If the applicant is not an applicant who meets the requirements of subclause 805.212 (6) or (7), the applicant satisfies the requirements of subclause (2) or (3).
	(2)	An applicant meets the requirements of this subclause if the applicant:
	(a)	has been nominated by an employer in respect of a permanent appointment in an industry for which there is a labour agreement; and
	(b)	has qualifications and experience that are suitable for the position to be taken by the applicant under the labour agreement; and
	(c)	unless exceptional circumstances apply, has not turned 55.
	(3)	An applicant meets the requirements of this subclause if:
	(a)	the applicant has been nominated in accordance with regulation 7.10 by an employer in respect of an appointment in the business of that employer; and
	(b)	the applicant is a highly skilled person within the meaning of regulation 7.10 in relation to that appointment; and
	(c)	unless the appointment is exceptional, the applicant has not turned 55.
805.22	Criteria to be satisfied at time of decision
	805.221	If the application is based on satisfaction of the criteria in subclause 805.213 (2) the appointment referred to in subclause 805.213 (2) (a) has been approved.
	805.222	If the application is based on satisfaction of the criteria in subclause 805.213 (3):
	(a)	the appointment is an approved appointment under regulation 7.10; and
	(b)	the Minister is satisfied that the appointment will provide the employment referred to in the relevant employer nomination.
	805.223	The maximum number of subclass 805 visas granted in the relevant financial year, as fixed by Gazette Notice, would not be exceeded if the application were approved.
	805.224	The applicant satisfies public interest criteria 4001 to 4006, 4009 and 4010.
	805.225	If so requested by the Minister, an assurance of support in relation to the applicant has been given, and has been accepted by the Minister.
	805.226	(1)	Each member of the family unit of the applicant who is an applicant for a subclass 805 visa is a person who satisfies public interest criteria 4001 to 4006, 4009 and 4010.
	(2)	Each member of the family unit of the applicant who is not an applicant for a subclass 805 visa is a person who:
	(a)	satisfies public interest criteria 4001 and 4004; and
	(b)	satisfies public interest criteria 4005 and 4006, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to those criteria.
	805.227	The Minister is satisfied that the grant of the visa would not prejudice the rights of any person who has custody or guardianship of, or access to, a dependent child of the applicant.
805.3	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.]
805.31	Criteria to be satisfied at time of application
	805.311	The applicant is a member of the family unit of a person who satisfies the primary criteria in subdivision 805.21.
	805.312	If a sponsorship or nomination is required in respect of the person who satisfies the primary criteria, that sponsorship or nomination includes a sponsorship or nomination of the applicant.
805.32	Criteria to be satisfied at time of decision
	805.321	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 805 visa.
	805.322	The applicant satisfies public interest criteria 4001 to 4006, 4009 and 4010.
	805.323	If an assurance of support has been requested by the Minister in relation to the relevant person who satisfies the primary criteria:
	(a)	an assurance of support in relation to that person, that includes the applicant, has been given and has been accepted by the Minister; or
	(b)	an assurance of support in relation to the applicant has been given, and has been accepted by the Minister.
	805.324	The Minister is satisfied that the grant of the visa to the applicant would not prejudice the rights and interests of any other person who has custody or guardianship of, or access to, the applicant.
805.4	CIRCUMSTANCES APPLICABLE TO GRANT
	805.411	The applicant must be in Australia, but not in immigration clearance, when the visa is granted.
[NOTE:	Any applicable charge under the Migration (Delayed Visa Applications) Tax Act 1992 must be paid before the visa can be granted.]
805.5	WHEN VISA IS IN EFFECT
	805.511	Permanent visa permitting the holder to travel to and enter Australia for a period of 4 years from the date of grant.
805.6	CONDITIONS: Nil.
805.7	WAY OF GIVING EVIDENCE
	805.711	Visa label affixed to a passport.
SUBCLASS 806-FAMILY
806.1	INTERPRETATION
[NOTE:	"aged dependant relative", "special need relative" and "eligible New Zealand citizen" are defined in regulation 1.03, "orphan relative" in regulation 1.14, and "remaining relative" in regulation 1.15. There are no interpretation provisions specific to this Part.]
806.2	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.]
806.21	Criteria to be satisfied at time of application
	806.211	(1)	If the applicant is subject to section 48 of the Act, the applicant:
	(a)	has not been refused a visa, or had a visa cancelled, under section 501 of the Act; and
	(b)	has become an aged dependent relative, an orphan relative, a remaining relative or a special need relative of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen, since the last application for a visa was made.
	806.212	The applicant:
	(a)	satisfies schedule 3 criterion 3002; and
	(b)	either:
	(i)	is the holder of a substantive visa (other than a subclass 771 visa); or
	(ii)	is not the holder of a substantive visa, and immediately before ceasing to hold a substantive visa, was not the holder of a subclass 771 visa.
	806.213	The applicant is an aged dependent relative, an orphan relative, a remaining relative or a special need relative of another person who:
	(a)	is a settled Australian citizen, a settled Australian permanent resident or a settled eligible New Zealand citizen; and
	(b)	is usually resident in Australia; and
	(c)	has nominated the applicant for the grant of the visa.
806.22	Criteria to be satisfied at time of decision
	806.221	The applicant continues to satisfy the criteria in clause 806.213.
	806.222	An assurance of support in relation to the applicant has been given, and has been accepted by the Minister.
	806.223	The applicant satisfies public interest criteria 4001 to 4006, 4009 and 4010.
	806.224	(1)	Each member of the family unit of the applicant who is an applicant for a subclass 806 visa satisfies public interest criteria 4001 to 4006, 4009 and 4010.
	(2)	Each member of the family unit of the applicant who is not an applicant for a subclass 806 visa satisfies:
	(a)	public interest criteria 4001 to 4004; and
	(b)	public interest criteria 4005 and 4006, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to those criteria.
	806.225	The Minister is satisfied that the grant of the visa to the applicant would not prejudice the rights and interests of any person who has custody or guardianship of, or access to, the applicant or a dependent child of the applicant.
806.3	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.]
806.31	Criteria to be satisfied at time of application
	806.311	The applicant is a member of the family unit of a person who satisfies or has satisfied the primary criteria in subdivision 806.21.
806.32	Criteria to be satisfied at time of decision
	806.321	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 806 visa.
	806.322	The applicant satisfies public interest criteria 4001 to 4006, 4009 and 4010.
	806.323	Either:
	(a)	an assurance of support in relation to the relevant person who satisfies the primary criteria, that includes the applicant, has been given and has been accepted by the Minister; or
	(b)	an assurance of support in relation to the applicant has been given, and has been accepted by the Minister.
	806.324	If the applicant is a dependent child, the Minister is satisfied that the grant of the visa to the applicant would not prejudice the rights and interests of any person who has custody or guardianship of, or access to, the applicant.
806.4	CIRCUMSTANCES APPLICABLE TO GRANT
	806.411	The applicant must be in Australia, but not in immigration clearance, when the visa is granted.
[NOTE:	charges: Any applicable charge under the Migration (Health Services) Charge Act 1991 must be paid before the visa can be granted.]
806.5	WHEN VISA IS IN EFFECT
	806.511	Permanent visa permitting the holder to travel to and enter Australia for a period of 4 years from the date of grant.
806.6	CONDITIONS: Nil.
806.7	WAY OF GIVING EVIDENCE
	806.711	Visa label affixed to a passport.
SUBCLASS 808-CONFIRMATORY (RESIDENCE)
808.1	INTERPRETATION
(NOTE: No interpretation provisions specific to this Part.)
808.2	PRIMARY CRITERIA
(NOTE: All applicants must satisfy the primary criteria.)
808.22	Criteria to be satisfied at time of application
	808.221	The applicant:
	(a)	is the holder of a Resident Return (Temporary) visa and satisfies the Minister that he or she would have satisfied the criteria for the grant of a Return (Residence) visa at the time he or she was granted the Resident Return (Temporary) visa; or
	(b)	is a person who is the holder of an Emergency (Temporary) visa and:
	(i)	either:
	(A)	satisfies the remaining criteria, within the meaning of Part 302; or
	(B)	is unable to satisfy those criteria, but is able to substantiate a claim to be an Australian permanent resident; or
	(ii)	is a member of the family unit of a person who:
	(A)	is the holder of a subclass 302 visa; and
	(B)	has satisfied the primary criteria; or
	(c)	is the holder of a Border (Temporary) visa and satisfies the Minister that he or she would have satisfied the criteria for the grant of a Return (Residence) visa when he or she was granted the Border (Temporary) visa; or
	(d)	is the holder of a Class 301 (Australian requirement) entry permit or visa granted under the Migration (1993) Regulations and has satisfied the criteria referred to in paragraph 301.321 (b) of Schedule 2 of those Regulations.
	808.222	In the case of an applicant who is the holder of a subclass 302 (Emergency (Permanent Visa Applicant)) visa, all members of the family unit of the applicant satisfy the public interest criteria applicable to them.
808.23	Criteria to be satisfied at time of decision
	808.231	In the case of an applicant who is a member of the family unit of a person referred to in subparagraph 808.221 (b) (ii), the person referred to in that subparagraph holds a Confirmatory (Residence) visa.
808.3	SECONDARY CRITERIA: Nil.
(NOTE: .All applicants must meet the primary criteria.)
808.4	CIRCUMSTANCES APPLICABLE TO GRANT
	808.41	The applicant must be inside Australia, but not in immigration clearance when the visa is granted.
808.5	WHEN VISA IS IN EFFECT
	808.511	In the case of a visa granted on the basis of:
	(a)	satisfaction of paragraph 808.221 (a) or (c)-permanent visa; or
	(b)	satisfaction of paragraph 808.221 (b) or (d)-permanent visa permitting the holder to travel to and enter Australia for a period of 4 years from the date of grant.
808.6	CONDITIONS: Nil.
808.7	WAY OF GIVING EVIDENCE
	808.711	Visa label affixed to a passport.
SUBCLASS 814-INTERDEPENDENCY
814.1	INTERPRETATION
	814.11	In this Part:
"nominator", in relation to an applicant, means the Australian citizen, Australian permanent resident or eligible New Zealand citizen who nominated the applicant for the purposes of the grant of a subclass 814 visa.
(NOTE: "eligible New Zealand citizen" is defined in regulation 1.03.)
814.2	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.]
814.21	(No criteria to be satisfied at time of application)
814.22	Criteria to be satisfied at time of decision
	814.221	(1)	The applicant meets the requirements of subclause (2), (3) or (4).
	(2)	An applicant meets the requirements of this subclause if:
	(a)	the applicant is the holder of a subclass 826 visa; and
	(b)	the applicant continues to be nominated for the grant of the subclass 814 visa by the nominator; and
	(c)	the applicant has a relationship with the nominator that is acknowledged by both and involves:
	(i)	residing together; and
	(ii)	being closely interdependent; and
	(iii)	having a continuing commitment to mutual emotional and financial support; and
	(d)	the relationship between the applicant and the nominator is both genuine and continuing; and
	(e)	subject to subclause (5), at least 2 years have passed since the application was made.
	(3)	An applicant meets the requirements of this subclause if the applicant is the holder of a subclass 826 visa granted on the basis that the applicant was a person who satisfied the criteria set out in subclause 826.221 (3).
	(4)	An applicant meets the requirements of this subclause if the applicant:
	(a)	is the holder of a subclass 826 visa; and
	(b)	would meet the requirements of subclause (2) except that the applicant's nominator has died; and
	(c)	satisfies the Minister that the relationship was genuine and, had the nominator not died, would have continued; and
	(d)	has developed close business, cultural or personal ties in Australia.
	(5)	Nothing in paragraph (2) (e) prevents the Minister from:
	(a)	refusing to grant a subclass 814 visa; or
	(b)	approving the grant of a subclass 814 visa to an applicant who meets the requirements of subclause (4) less than 2 years after the application is made.
	814.222	If so requested by the Minister, an assurance of support in relation to the applicant has been given, and has been accepted by the Minister.
	814.223	The applicant satisfies public interest criteria 4001 to 4004 and 4007 to 4009.
	814.224	(1)	Each member of the family unit of the applicant who is an applicant for a subclass 814 visa satisfies public interest criteria 4001 to 4004 and 4007 to 4009.
	(2)	Each member of the family unit of the applicant who is not an
applicant for a subclass 814 visa satisfies public interest criteria:
	(a)	4001 to 4004; and
	(b)	4007 to 4008, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to those criteria.
	814.225	The Minister is satisfied that the grant of the visa would not prejudice the rights and interests of any person who has custody or guardianship of, or access to, a dependent child of the applicant.
814.3	SECONDARY CRITERIA
[NOTE:	The secondary criteria must be satisfied by applicants who are dependent children of a person who satisfies the primary criteria.]
814.31	(No criteria to be satisfied at time of application)
814.31	Criteria to be satisfied at time of decision
	814.321	The applicant is the holder of a subclass 445 (Dependent child) or a subclass 826 (Interdependency) visa granted on the basis that the applicant was the dependent child of another person who was the holder of a subclass 826 visa and that other person has been granted a subclass 814 visa.
	814.322	If an assurance of support has been requested by the Minister in relation to the relevant person who satisfies the primary criteria:
	(a)	an assurance of support in relation to that person, that expressly includes the applicant, has been given and has been accepted by the Minister; or
	(b)	an assurance of support in relation to the applicant has been given, and has been accepted by the Minister.
	814.323	The applicant satisfies public interest criteria 4001 to 4004 and 4007 to 4009.
	814.324	The Minister is satisfied that the grant of the visa to the applicant would not prejudice the rights and interests of any person who has custody or guardianship of, or access to, the applicant.
814.4	CIRCUMSTANCES APPLICABLE TO GRANT
	814.411	The applicant must be in Australia, but not in immigration clearance when the visa is granted.
814.5	WHEN VISA IS IN EFFECT
	814.511	Permanent visa permitting the holder to travel to and enter Australia for 4 years from the date of grant.
814.6	CONDITIONS:	Nil.
814.7	WAY OF GIVING EVIDENCE
	814.711	Visa label affixed to a passport.
SUBCLASS 820-SPOUSE
820.1	INTERPRETATION
	820.111	In this Part:
"court" means a Court of Australia or an external Territory;
"nominating spouse", in relation to an applicant, means the Australian citizen, Australian permanent resident or eligible New Zealand citizen who nominated the applicant as his or her spouse when the application for the visa was made.
[NOTE:	"eligible New Zealand citizen" is defined in regulation 1.03.] 
820.2	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.]
820.21	Criteria to be satisfied at time of application
	820.211	(1)	The applicant:
	(a)	is not the holder of a subclass 771 (Transit) visa; and
	(b)	meets the requirements of subclause (2), (3), (4) or (5).
	(2)	An applicant meets the requirements of this subclause if:
	(a)	the applicant is the spouse of an Australian citizen, an Australian permanent resident, or an eligible New Zealand citizen; and
	(b)	the marital relationship between the applicant and the Australian citizen, Australian permanent resident or eligible New Zealand citizen referred to in paragraph (a) is both genuine and continuing; and
	(c)	the applicant is nominated by that Australian citizen, Australian permanent resident or eligible New Zealand citizen; and
	(d)	in the case of an applicant who is not the holder of a substantive visa:
	(i)	either:
	(A)	the applicant entered Australia as the holder of a subclass 995 (Diplomatic) visa or as a special purpose visa holder who at the time of entry met the requirements of subclause (6); and
	(B)	he or she satisfies Schedule 3 criterion 3002; or
	(ii)	he or she satisfies Schedule 3 criteria 3001. 3003 and 3004.
	(3)	An applicant meets the requirements of this subclause if:
	(a)	the applicant is not the holder of a substantive visa; and
	(b)	the applicant last entered Australia before 19 December 1989; and
	(c)	at the time the applicant entered Australia, he or she was engaged to be married to an Australian citizen or an Australian permanent resident; and
	(d)	the applicant has married that Australian citizen, Australian permanent resident or eligible New Zealand citizen; and
	(e)	the marital relationship between the applicant and that Australian citizen, Australian permanent resident or eligible New Zealand citizen is both genuine and continuing; and
	(f)	the applicant is nominated by that Australian citizen, Australian permanent resident or eligible New Zealand citizen.
	(4)	An applicant meets the requirements of this subclause if:
	(a)	the applicant is not the holder of a substantive visa; and
	(b)	the applicant last entered Australia on or after 19 December 1989 as the holder of a Subclass 300 (Prospective Marriage (Temporary)) visa that authorised a stay in Australia of 3 months; and
	(c)	the applicant has married the Australian citizen, Australian permanent resident or eligible New Zealand citizen whom the applicant entered Australia to marry; and
	(d)	the applicant ceased to hold a substantive visa before marrying that Australian citizen, Australian permanent resident or eligible New Zealand citizen; and
	(e)	the marital relationship between the applicant and that Australian citizen, Australian permanent resident or eligible New Zealand citizen is both genuine and continuing; and
	(f)	the applicant is nominated by that Australian citizen, Australian permanent resident or eligible New Zealand citizen.
	(5)	An applicant meets the requirements of this subclause if:
	(a)	the applicant is not the holder of a substantive visa; and
	(b)	the applicant last entered Australia on or after 19 December 1989 as the holder of a prospective marriage (temporary) visa; and
	(c)	the applicant has married the Australian citizen, Australian permanent resident or eligible New Zealand citizen whom the applicant entered Australia to marry; and
	(d)	the applicant ceased to hold a substantive visa after marrying that Australian citizen, Australian permanent resident or eligible New Zealand citizen; and
	(e)	the marital relationship between the applicant and that Australian citizen, Australian permanent resident or eligible New Zealand citizen is both genuine and continuing; and
	(f)	the applicant is nominated by that Australian citizen, Australian permanent resident or eligible New Zealand citizen.
	(6)	An applicant meets the requirements of this subclause if:
	(a)	he or she is:
	(i)	a SOFA member; or
	(ii)	a SOFA forces civilian component member; or
	(b)	he or she:
	(i)	is a dependent child of a person referred to in paragraph (a); and
	(ii)	holds a valid national passport and certificate that he or she is a dependant of a SOFA forces member or a SOFA forces civilian component member, as the case requires.
[NOTE:	"SOFA forces member" and "SOFA forces civilian component member" are defined in regulation I.X. Broadly, a SOFA forces member is a member of the armed forces of Papua New Guinea, Singapore or the United States of America in Australia on official duty. A SOFA forces civilian component member is a person who is a member of the civilian component of one of those armed forces, in Australia on official duty.]
820.22	Criteria to be satisfied at time of decision
820.221	(1)	In the case of an applicant referred to in subclause 820.211 (2), (3), (4) or (5), the applicant either:
	(a)	continues to meet the requirements of the applicable subclause; or
	(b)	meets the requirements of subclause (2) or (3).
	(2)	An applicant meets the requirements of this subclause if the applicant:
	(a)	would continue to meet the requirements of subclause 820.211 (2), (3), (4) or (5) except that the applicant's spouse has died; and
	(b)	satisfies the Minister that the marital relationship was genuine and would have continued if the applicant's spouse had not died; and
	(c)	has developed close business, cultural or personal ties in Australia.
	(3)	An applicant meets the requirements of this subclause if the applicant:
	(a)	would continue to meet the requirements of subclause 820.211 (2), (3), (4) or (5) except that the marital relationship is no longer continuing; and
	(b)	one or more of the following circumstances applies:
	(i)	on the application of the applicant, a court has granted an injunction under paragraph 114 (1) (a), (b) or (c) of the Family Law Act 1975 against the nominating spouse;
	(ii)	a court has made an order under a law of a State or Territory against the nominating spouse for the protection of the applicant from domestic violence;
	(iii)	a court has convicted the nominating spouse of, or has recorded a finding of guilt against the nominating spouse in respect of, assault or some other offence of violence against the applicant;
	(iv)	the applicant has custody or joint custody of at least 1 child in respect of whom:
	(A)	a court has granted joint custody, or access, in favour of the nominating spouse; or
	(B)	the nominating spouse is subject to a formal maintenance obligation.
	820.22	If so requested by the Minister, an assurance of support in relation to the applicant has been given, and has been accepted by the Minister.
	820.223	(1)	Subject to subclause (2), the applicant satisfies public
interest criteria 4001 to 4004 and 4007 to 4009.
	(2)	Subclause (1) does not apply to an applicant referred to in subclause 820.211 (3), (4) or (5).
	820.224	(1)	Subject to subclause (2), each member of the family unit of the applicant:
	(a)	who is an applicant for an subclass 820 visa satisfies public interest criteria 4001 to 4004 and 4007 to 4009; and
	(b)	who is not an applicant for a subclass 820 visa satisfies public interest criteria
	(i)	4001 to 4004; and
	(ii)	4007 to 4008, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to those criteria.
	(2)	Subclause (1) does not apply to an applicant:
	(a)	who is a dependent child of an applicant referred to in subclause 820.211 (3), (4) or (5); and
	(b)	who entered Australia as the holder of a visa of the same class as the visa held by that other applicant.
	820.225	The Minister is satisfied that the grant of the visa to the applicant would not prejudice the rights and interests of any person who has custody or guardianship of, or access to, a dependent child of the applicant.
820.3	SECONDARY CRITERIA
(NOTE: The secondary criteria must be satisfied by applicants who are dependent children of a person who satisfies the primary criteria.)
820.3	Criteria to be satisfied at time of application
	820.311	The applicant is a dependent child of a person who satisfies or has satisfied the primary criteria in subdivision 820.21, and the nomination in respect of that person includes the applicant.
	820.312	In the case of an applicant who is not the holder of a substantive visa:
	(a)	either:
	(i)	the applicant entered Australia as the holder of a subclass 995 (Diplomatic) visa or as a special purpose visa holder who at the time ofentry met the requirements of subclause 820.211 (6); and
	(ii)	he or she satisfies Schedule 3 criterion 3002; or
	(b)	he or she satisfies Schedule 3 criteria 3001, 3003 and 3004.
820.32	Criteria to be satisfied at time of decision
	820.321	In the case of an applicant referred to in subclause 820.311, the person on whom the applicant is dependent has satisfied the primary criteria and is the holder of a subclass 820 visa.
	820.322	If an assurance of support has been requested by the Minister in relation to the relevant person who satisfies the primary criteria:
	(a)	an assurance of support in relation to that person, that includes the applicant, has been given and has been accepted by the Minister; or
	(b)	an assurance of support in relation to the applicant has been given, and has been accepted by the Minister.
	820.323	(1)	Subject to subclause (2), the applicant satisfies public interest criteria 4001 to 4004 and 4007 to 4009.
	(2)	Subclause (1) does not apply to an applicant referred to in subclause 820.311 who:
	(a)	is a dependent child of another applicant referred to in subclause 820.211 (3), (4) or (5); and
	(b)	entered Australia as the holder of a visa of the same class as the visa held by that other applicant.
	820.324	The Minister is satisfied that the grant of the visa to the applicant would not prejudice the rights and interests of any person whohas custody or guardianship of, or access to, the applicant.
820.4	CIRCUMSTANCES APPLICABLE TO GRANT
	820.411	The applicant must be in Australia, but not in immigration clearance, when the visa is granted.
(NOTE:	Charges: Any applicable charge under the Migration (Delayed Visa Applications) Tax Act 1992 must be paid before the visa can be granted.)
820.5	WHEN VISA IS IN EFFECT
	820.511	Temporary visa permitting the holder to travel to and enter Australia until:
	(a)	the holder is notified that his or her application for a subclass 801 (Spouse) visa has been decided; or
	(b)	that application is withdrawn.
820.6	CONDITIONS: Nil.
820.7	WAY OF GIVING EVIDENCE
	820.711	Evidence is not required to be provided except upon request by the visa holder, in which case evidence will be by visa label attached to a passport.
SUBCLASS 826-INTERDEPENDENCY
826.1	INTERPRETATION
[NOTE: "eligible New Zealand citizen" is defined in regulation 1.03. There are no interpretation provisions specific to this Part.]
826.2 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.]
826.21	Criteria to be satisfied at time of application
	826.211	(1)	The applicant is not the holder of a subclass 771(Transit) visa.
	(2)	The applicant meets the requirements of this subclause if:
	(a)	the applicant has turned 18; and
	(b)	the applicant is nominated for the grant of the visa by a person who is an Australian citizen, Australian permanent resident or eligible New Zealand citizen (in this clause called "the nominator"); and
	(c)	the nominator is not a member of the family unit, or otherwise a relative, of the applicant; and
	(d)	the applicant has a relationship with the nominator that is acknowledged by both parties and that involves:
	(i)	residing together; and
	(ii)	being closely interdependent; and
	(iii)	having a continuing commitment to mutual emotional and financial support; and
	(e)	the Minister is satisfied that:
	(i)	subject to subclause (3), the relationship referred to in paragraph (d) has existed for a period of at least 6 months; or
	(ii)	if the applicant is the holder, as a person who satisfies the primary criteria, of a Subclass 305 (interdependency (temporary)) visa, that the relationship referred to in paragraph (d) is the same relationship that satisfied a criterion for the grant of that visa; and
	(f)	the Minister is satisfied that the relationship between the applicant and the nominator is both genuine and continuing; and
	(g)	in the case of an applicant who is not the holder of a substantive visa:
	(i)	either:
	(A)	the applicant entered Australia as the holder of a subclass 995 (Diplomatic) visa or as a special purpose visa holder who satisfies the requirements of subclause (4); and
	(B)	he or she satisfies Schedule 3 criterion 3002; or
	(ii)	he or she satisfies Schedule 3 criteria 3001, 3003 and 3004.
	(3)	For the purposes of subparagraph (2) (e) (i), the Minister may, on written application, specify a period of less than 6 months if the Minister is satisfied that:
	(a)	there are exceptional circumstances affecting the applicant and the nominator; and
	(b)	there are compelling reasons for specifying the lesser period.
	(4)	An applicant meets the requirements of this subclause if:
	(a)	he or she is:
	(i)	a SOFA forces member; or
	(ii)	a SOFA forces civilian component member; or
	(b)	he or she:
	(i)	is a dependent child of a person referred to in paragraph (a); and
	(ii)	holds a valid national passport and a certificate that he or she is a dependent of a SOFA forces member or a SOFA forces civilian component member, as the case requires.
[NOTE:	"SOFA forces member" and "SOFA forces civilian component member" are defined in regulation I.X. Broadly, a SOFA forces member is a member of the armed forces of Papua New Guinea, Singapore or the United States of America in Australia on official duty. A SOFA forces civilian component member is a person who is a member of the civilian component of one of those armed forces, in Australia on official duty.]
826.22	Criteria to be satisfied at time of decision
	826.221	(1)	The applicant meets the requirements of subclause (2) or (3).
	(2)	An applicant meets the requirements of this subclause if he or she continues to meet the requirements in clause 826.211 (2).
	(3)	An applicant meets the requirements of this subclause if he or she:
	(a)	would continue to meet the requirements specified in clause 826.211 (2) except that the nominator in relation to the applicant has died; and
	(b)	satisfies the Minister that the relationship was genuine and would have continued if the nominator had not died; and
	(c)	has developed close business, cultural or personal ties in Australia.
	826.222	If so requested by the Minister, an assurance of support in relation to the applicant has been given, and has been accepted by the Minister.
	826.223	The applicant satisfies public interest criteria 4001 to 4004 and 4007 to 4009.
	826.224	(1)	Each member of the family unit of the applicant who is an applicant for a Subclass 826 (interdependency (temporary)) visa satisfies public interest criteria 4001 to 4004 and 4007 to 4009.
	(2)	Each member of the family unit of the applicant who is not an applicant for a Subclass 826 (interdependency (temporary)) visa satisfies public interest criteria:
	(a)	4001 to 4004; and
	(b)	4007 and 4008, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to those criteria.
	826.225	The Minister is satisfied that the grant of the visa would not prejudice the rights and interests of any person who has custody or guardianship of, or access to, a dependent child of the applicant.
826.3	SECONDARY CRITERIA
[NOTE:	The secondary criteria must be satisfied by applicants who are dependent children of a person who satisfies the primary criteria.]
826.31	Criteria to be satisfied at time of application
	826.311	An applicant meets the requirements of this subclause if:
	(a)	the applicant is a dependent child of a person who satisfies or has satisfied the primary criteria in subdivision 826.21; and
	(b)	the nomination in respect of that person includes the applicant.
	826.312	In the case of an applicant who is not the holder of a substantive visa:
	(a)	either:
	(i)	the applicant entered Australia as the holder of a subclass 995 (Diplomatic) visa or as a special purpose visa holder who at the time of entry met the requirements of subclause 826.211 (4); and
	(ii)	he or she satisfies Schedule 3 criterion 3002; or
	(b)	he or she satisfies Schedule 3 criteria 3001, 3003 and 3004.
826.32	Criteria to be satisfied at time of decision
	826.321	In the case of an applicant referred to in sub-clause 826.311, the person on whom the applicant is dependent has satisfied the primary criteria and is the holder of a subclass 826 visa.
	826.322	If so requested by the Minister, an assurance of support in relation to the applicant has been given, and has been accepted by the Minister.
	826.323	If an assurance of support has been requested by the Minister in relation to the relevant person who satisfies the primary criteria:
	(a)	an assurance of support in relation to that person, that expressly includes the applicant, has been given and has been accepted by the Minister; or
	(b)	an assurance of support in relation to the applicant has been given, and has been accepted by the Minister.
	826.324	The applicant satisfies public interest criteria 4001 to 4004 and 4007 to 4009.
	826.325	The Minister is satisfied that the grant of a visa to the applicant would not prejudice the rights and interests of any person who has guardianship or custody of, or access to, the applicant.
826.4	CIRCUMSTANCES APPLICABLE TO GRANT
	826.411	The applicant must be in Australia but not in immigration clearance when the visa is granted.
826.5	WHEN VISA IS IN EFFECT
	826.511	Temporary visa permitting the holder to travel to and enter Australia until:
	(a)	he or she is notified that his or her application for a subclass 814 visa has been decided; or
	(b)	that application is withdrawn.
826.6	CONDITIONS: Nil.
826.7	WAY OF GIVING EVIDENCE
	826.711	Evidence is not required to be provided except upon request by the visa holder, in which case evidence will be by visa label attached to a valid passport.
SUBCLASS 831-PROSPECTIVE MARRIAGE SPOUSE
831.1	INTERPRETATION
	831.111	In this Part:
"nominating spouse", in relation to an applicant, means the Australian citizen, Australian permanent resident, or eligible New Zealand citizen who was specified in the applicant's application for the subclass 300 (prospective marriage) visa as the person whom the applicant intended to marry after entry to Australia.
[NOTE:	"eligible New Zealand citizen" is defined in regulation 1.03.]
831.2	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.]
831.21	Criteria to be satisfied at time of application
	831.211	The applicant is the holder of a subclass 300 (prospective marriage) visa, and:
	(a)	the applicant has married the nominating spouse; and
	(b)	the marital relationship between the applicant and the nominating spouse is a genuine and continuing relationship; and
	(c)	the applicant is nominated by the nominating spouse.
831.22	Criteria to be satisfied at time of decision
	831.221	(1)	The applicant meets the requirements of subclause (2), (3), or (4).
	(2)	An applicant meets the requirements of this subclause if:
	(a)	the applicant satisfied the requirements of clause 831.211 at the time of application; and
	(b)	the marital relationship between the applicant and the nominating spouse is a genuine and continuing relationship; and
	(c)	the applicant continues to be nominated by the nominating spouse.
	(3)	An applicant meets the requirements of this subclause if:
	(a)	the applicant satisfied the requirements of clause 831.211 at the time of application; and
	(b)	the nominating spouse has died; and
	(c)	the applicant satisfies the Minister that the marital relationship between the applicant and the nominating spouse was genuine, and would have continued if the nominating spouse had not died; and
	(d)	the applicant has developed close business, cultural or personal ties in Australia.
	(4)	An applicant meets the requirements of this subclause if:
	(a)	the applicant satisfied the requirements of clause 831.211 at the time of application; and
	(b)	the marital relationship has ceased; and
	(c)	the applicant satisfies the Minister that the marital relationship was genuine and would have continued to be genuine had it not ceased; and
	(d)	one or more of the following circumstances applies:
	(i)	on the application of the applicant, a court has granted an injunction under paragraph 114 (1) (a), (b) or (c) of the Family Law Act 1975 against the nominating spouse;
	(ii)	a court has made an order under a law of a State or Territory against the nominating spouse for the protection of the applicant from domestic violence;
	(iii)	a court has convicted the nominating spouse of, or has recorded a finding of guilt against the nominating spouse in respect of, assault or some other offence of violence against the applicant;
	(iv)	the applicant has custody or joint custody of at least 1 child in respect of whom:
	(A)	a court has granted joint custody or access to the nominating spouse; or
	(B)	the nominating spouse is subject to a formal maintenance obligation.
	831.222	If so requested by the Minister, an assurance of support in relation to the applicant has been given, and has been accepted by the Minister.
	831.223	The Minister is satisfied that the grant of the visa to the applicant would not prejudice the rights and interests of any person who has custody or guardianship of, or access to, a dependent child of the applicant.
831.3	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.]
831.31	Criteria to be satisfied at time of application
	831.311	The applicant is a member of the family unit of a person who satisfies or has satisfied the primary criteria in subdivision 831.21.
	831.312	The applicant is the holder of a subclass 300 (Prospective marriage) visa as a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a subclass 300 (Prospective marriage) visa.
	831.313	The nomination in respect of the person who satisfies or has satisfied the primary criteria includes the applicant.
831.32	Criteria to be satisfied at time of decision
	831.321	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 831 visa.
	831.322	If an assurance of support has been requested by the Minister in relation to the person who satisfies the primary criteria:
	(a)	an assurance of support in relation to that person, that includes the applicant, has been given and has been accepted by the Minister; or
	(b)	an assurance of support in relation to the applicant has been given, and has been accepted by the Minister.
	831.323	The Minister is satisfied that the grant of the visa to the applicant would not prejudice the rights and interests of any person who has custody or guardianship of, or access to, the applicant.
831.4	CIRCUMSTANCES APPLICABLE TO GRANT
	831.411	The applicant must be in Australia, but not in immigration clearance, when the visa is granted.
831.5	WHEN VISA IS IN EFFECT
	831.511	Permanent visa permitting the holder to travel to and enter Australia for a period of 4 years from the date of grant.
831.6	CONDITIONS: Nil
831.7	WAY OF GIVING EVIDE.NCE
	831.71	Visa label affixed to a passport.
SUBCLASS 832-CLOSE TIES
832.1	INTERPRETATION
[NOTE:	"eligible New Zealand citizen" is defined in regulation 1.03. No interpretation provisions specific to this Part.]
832.2	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.]
832.21	Criteria to be satisfied at time of application
	832.211	The applicant:
	(a)	is the holder of a substantive visa, other than a subclass 771 (Transit) visa; or
	(b)	is not the holder of a substantive visa, and immediately before ceasing to hold a substantive visa, was not the holder of a subclass 771 (Transit) visa.
	832.212	(1)	The applicant meets the requirements of subclause (2), (3), (4) or (5).
	(2)	A person meets the requirements of this subclause if he or she last entered Australia before 1 January 1975.
	(3)	A person meets the requirements of this subclause if the person:
	(a)	last entered Australia as:
	(i)	the holder of a conditional resident return visa granted before 19 December 1989; or
	(ii)	the holder of a return visa, Class A, B, C, D, or E granted before 10 December 1990 in the circumstance that, when applying for the visa, the holder:
	(A)	claimed to have been an Australian permanent resident immediately before going overseas; and
	(B)	was unable to provide satisfactory evidence to substantiate that claim; and
	(C)	satisfied the Minister that the holder had urgent and compelling reasons for travelling to Australia before the claim could be substantiated; or
	(iii)	the holder of a subclass 159 (resident return) visa; or
	(iv)	the holder of a subclass 773 (Border) visa; and
	(b)	at any time within 5 years before being granted that visa, was an Australian permanent resident and subsequently ceased to hold a substantive visa.
	(4)	An applicant meets the requirement of this subclause if the applicant:
	(a)	has turned 18; and
	(b)	ceased to hold a substantive visa before turning 18; and
	(c)	before turning 18, spent the greater part of the period that the Minister regards as the applicant's formative years in Australia.
	(5)	An applicant meets the requirements of this subclause if he or she satisfies:
	(a)	Schedule 3 criterion 3002, and
	(b)	the criteria set out in:
	(i)	subdivisions 150.21 and 150.22; or
	(ii)	subdivision 151.21; or
	(iii)	subdivision 152.21.
832.22	Criteria to be satisfied at time of decision
	832.221	(1)	The applicant meets the requirements of subclause (2), (3) or (4).
	(2)	An applicant meets the requirements of this subclause if:
	(a)	the applicant is an applicant referred to in subclause 832.212 (2) or (3); and
	(b)	the Minister is satisfied that the applicant has developed close personal ties with Australia.
	(3)	An applicant meets the requirements of this subclause if:
	(a)	the applicant is an applicant referred to in subclause 832.212 (4); and
	(b)	the applicant is not a member of, and does not reside with, the family unit (if any), with which the applicant first entered Australia.
	(4)	An applicant meets the requirements of this subclause if:
	(a)	the applicant satisfies the requirements of subclause 832.212 (5); and,
	(b)	the applicant satisfies public interest criteria 4001 to 4006, 4009 and 4010.
	832.222	If the applicant meets the requirements of subclause 832.212 (5):
	(a)	each member of the family unit of the applicant who is an applicant for a subclass 832 visa satisfies public interest criteria 4001 to 4006 and 4009 and 4010;
	(b)	each member of the family unit of the applicant who is not an applicant for a subclass 832 visa satisfies:
	(i)	public interest criteria 4001 to 4004; and
	(ii)	public interest criteria 4005 and 4006, unless the Minister is satisfied that it would be unreasonable to require the applicant to undergo assessment in relation to those criteria.
	832.223	The Minister is satisfied that the grant of the visa to the applicant would not prejudice the rights and interests of any person who has custody or guardianship of, or access to the applicant or a dependent child of the applicant.
	832.224	If so requested by the Minister, an assurance of support in relation to the applicant has been given, and has been accepted by the Minister.
832.3	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.]
832.31	Criteria to be satisfied at time of application
	832.311	The applicant is a member of the family unit of a person who satisfies or has satisfied the primary criteria in subdivision 832.21.
832.32	Criteria to be satisfied at time of decision
	832.321	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 832 visa.
	832.322	If the applicant is a member of the family unit of a person who meets the requirements of subclause 832.221(5), the applicant satisfies public interest criteria 4001 to 4006 and 4009 and 4010.
	832.323	If an assurance of support has been requested by the Minister in relation to the person who satisfies the primary criteria:
	(a)	an assurance of support in relation to that person,  that includes the applicant, has been given and has been accepted by the Minister; or
	(b)	an assurance of support in relation to the applicant has been given, and has been accepted by the Minister.
	832.324	If the applicant is a dependent child, the Minister is satisfied that the grant of the visa to the applicant would not prejudice the rights and interests of any other person who has custody or guardianship of, or access to, the applicant.
832.4	CIRCUMSTANCES APPLICABLE TO GRANT
	832.411	The applicant must be in Australia, but not in immigration clearance, when the visa is granted.
(NOTE:	Charges: Any applicable charge under the Migration (Delayed Visa Applications) Tax Act 1992 must be paid before the visa can be granted.)
832.5	WHEN VISA IS IN EFFECT
	832.511	Permanent visa permitting the holder to travel to and enter Australia for a period of 4 years from date of grant.
832.6	CONDITIONS: Nil.
832.7	WAY OF GIVING EVIDENCE
	832.711	Visa label affixed to a passport.
SUBCLASS 833-CERTAIN UNLAWFUL NON-CITIZENS
833.1	INTERPRETATION
[NOTE:	No interpretation provisions specific to this Part.]
833.2	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.]
833.21	Criteria to be satisfied at time of application
	833.211	If the applicant is subject to section 48 of the Act, he or she:
	(a)	has not been refused a visa, or had a visa cancelled, under section 501 of the Act; and
	(b)	has, since he or she last applied for a visa, become a person who meets the requirements of clause 833.212.
	833.212	An applicant meets the requirement of this subclause if he or she:
	(a)	has turned 18; and
	(b)	before turning 18, ceased to hold a substantive visa; and
	(c)	immediately before ceasing to hold a substantive visa, did not hold a subclass 771 (Transit) visa; and
	(d)	before turning 18, spent the greater part of the period that the Minister regards as the applicant's formative years in Australia.
833.22	Criteria to be satisfied at time of decision
	833.221	The applicant is not a member of, and does not reside with, the family unit (if any), with which the applicant first entered Australia.
	833.222	If so requested by the Minister, an assurance of support in relation to the applicant has been given, and has been accepted by the Minister.
	833.223 The Minister is satisfied that the grant of the visa to the applicant would not prejudice the rights of any person who has custody or guardianship of, or access to the applicant or a dependent child of the applicant.
833.3	SECONDARY CRITERIA
[NOTE:	The secondary criteria must  be met by applicants who are family unit members of a person who satisfies the primary criteria.]
833.31	Criteria to be satisfied at time of application
	833.311	The applicant is a member of the family unit of a person who satisfies or has satisfied the primary criteria at 833.21.
833.32 Criteria to be satisfied at time of decision
	833.321	The applicant is a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a subclass 833 visa.
	833.322	If an assurance of support has been requested by the Minister in relation to the person who satisfies the primary criteria:
	(a)	an assurance of support in relation to that person, that includes the applicant, has been given and has been accepted by the Minister; or
	(b)	an assurance of support in relation to the applicant has been given, and has been accepted by the Minister.
	833.323	If the applicant is a dependent child, the Minister is satisfied that the grant of the visa to the applicant would not prejudice the rights and interests of any other person who has custody of, or access to, the applicant.
833.4	CIRCUMSTANCES APPLICABLE TO GRANT
	833.411	The applicant must be in Australia, but not in immigration clearance, when the visa is granted.
[NOTE:	Charges: any applicable charges under the Migration (Health Services) Charge Act 1991 or the Migration (Delayed Visa Applications) Tax Act 1992 must be paid before the visa can be granted.]
833.5	WHEN VISA IS IN EFFECT
	833.511	Permanent visa permitting the holder to travel to and enter Australia for a period of 4 years from the date of grant.
833.6	CONDITIONS: Nil.
833.7	WAY OF GIVING EVIDENCE
	833.711	Visa label affixed to a passport.
SUBCLASS 834-PERMANENT RESIDENT OF NORFOLK ISLAND
834.1	INTERPRETATION
[NOTE:	No interpretation provisions specific to this Part.]
834.2 PRIMARY CRITERIA
[NOTE:	All applicants must satisfy the primary criteria.]
834.21	Criteria to be satisfied at time of application
	834.211	The applicant is a permanent resident of Norfolk Island and holds, and has shown an officer, a passport that is in force and is endorsed with an authority to reside indefinitely on Norfolk Island.
834.22	Criteria to be satisfied at time of decision
	834.221	The applicant continues to satisfy the requirements set out in clause 834.211.
834.3	SECONDARY CRITERIA: Nil.
[NOTE:	All applicants must satisfy the primary criteria.]
834.4	CIRCUMSTANCES APPLICABLE TO GRANT
	834.411	At the time of grant the applicant must be in Australia and in immigration clearance.
834.5	WHEN VISA IS IN EFFECT
	834.511	Permanent visa permitting the holder to remain in Australia indefinitely.
834.6	CONDITIONS: Nil.
834.7	WAY OF GIVING EVIDENCE
	834.711	A port and date stamp placed in the passport of the applicant.
SUBCLASS 866-PROTECTION (RESIDENCE)
866.1	INTERPRETATION
866.111	In this Part:
"Refugees Convention" means the 1951 Convention relating to the Status of Refugees as amended by the 1967 Protocol relating to the Status of Refugees.
866.2	PRIMARY CRITERIA
[NOTE:	All applicants must satisfy the primary criteria.]
866.21	Criteria to be satisfied at time of application
	866.211	The applicant claims to be a person to whom Australia has protection obligations under the Refugees Convention and:
	(a)	makes specific claims under the Refugees Convention; or
	(b)	claims to be a member of the family unit of a person who:
	(i)	has made specific claims under the Refugees Convention; and
	(ii)	is an applicant for a Protection (Class AZ) visa.
866.22	Criteria to be satisfied at time of decision
	866.221	The Minister is satisfied the applicant is a person to whom
Australia has protection obligations under the Refugees Convention.
	866.222	In the case of an applicant referred to in paragraph 866.211 (b):
	(a)	the Minister is satisfied that the applicant is a member of the family unit of a person who has made specific claims under the Refugees Convention; and
	(b)	the person of whose family unit the applicant is a member has been granted a Protection (Residence) visa.
	866.223	The applicant has undergone a medical examination carried out by a Commonwealth medical officer.
	866.224	The applicant:
	(a)	has undergone a chest x-ray examination conducted by a medical practitioner who is qualified as a radiologist in Australia; or
	(b)	is under 16 years of age and is not a person in respect of whom a Commonwealth medical officer has requested such an examination.
	866.225	The applicant satisfies public interest criteria 4001 to 4004.
	866.226	The Minister is satisfied that the grant of the visa is in the national interest.
866.3	SECONDARY CRITERIA
[NOTE:	All applicants must satisfy the primary criteria.]
866.4	CIRCUMSTANCES APPLICABLE TO GRANT
	866.411	The applicant must be in Australiathe migration zone.
866.5	WHEN VISA IS IN EFFECT
	866.511	Permanent visa permitting the holder to travel and enter Australia for a period of 4 years from the date of grant.
866.6	CONDITIONS: Nil.
866.7	WAY OF GIVING EVIDENCE
	866.711	Visa label affixed to a Convention travel document or passport.
SUBCLASS 995-DIPLOMATIC (TEMPORARY)
995.1	INTERPRETATION
[NOTE:	No interpretation provisions specific to this Part.]
995.2 PRIMARY CRITERIA
[NOTE:	All applicants must satisfy the primary criteria]
995.21	(No criteria to be satisfied at time of application)
995.22	Criteria to be satisfied at time of decision.
	995.221	The Foreign Minister has recommended in writing to the Minister that the visa be granted to the applicant.
995.3 SECONDARY CRITERIA: Nil.
[NOTE:	All applicants must meet the primary criteria.]
995.4	CIRCUMSTANCES APPLICABLE TO GRANT
	995.411	Applicant may be in the migration zone or outside Australia.
995.5	WHEN VISA IS IN EFFECT
	995.511	Temporary visa permitting the holder:
	(a)	to travel to and enter Australia until a date specified by the Minister for the purpose; and
	(b)	to remain in Australia for the duration of the holder's status as a diplomatic or consular representative in Australia of a country other than Australia..
995.6	CONDITIONS
	995.611	Nil.
995.7	WAY OF GIVING EVIDENCE
	995.711	Visa label affixed to valid passport.
	Schedule 3	Regulation 1.03
ADDITIONAL CRITERIA APPLICABLE TO UNLAWFUL NON-CITIZENS AND CERTAIN BRIDGING VISA HOLDERS
	3001.	If the applicant ceased to be the holder of a substantive visa and whether clause 6002 in Schedule 6 of the Migration (1993) Regulations applied, or section 195 of the Act applies, to the applicant or not, the application is validly made within 28 days after that substantive visa ceased to be in effect.
	3002.	If the applicant ceased to be the holder of a substantive visa and whether clause 6002 in Schedule 6 of the Migration (1993) Regulations applied, or section 195 of the Act applies, to the applicant or not, the application is validly made within 12 months after that substantive visa ceased to be in effect.
	3003.	(1)	If:
	(a)	at some time before 1 September 1994 the applicant held an entry permit that expired before that date; and
	(b)	the applicant became an illegal entrant at some time before that date; and
	(b)	that entry permit was not granted subject to a condition that the applicant would not be granted another entry permit while he or she remained in Australia;
the Minister is satisfied that:
	(c)	the applicant became an illegal entrant because of factors beyond the
applicant's control; and
	(d)	there are compelling reasons for granting the visa; and
	(e)	the applicant complied substantially with any conditions subject to which the entry permit was granted (other than a condition of which the applicant was in breach solely because of the expiry of the entry permit); and
	(f)	the applicant would have been entitled to be granted an entry permit equivalent to a visa of the class applied for if the applicant had applied for the entry permit immediately before becoming an illegal entrant; and
	(g)	the applicant intends to comply with any condition subject to which the visa is granted.
	3004.	(1)	If:
	(b)	the applicant ceased to hold a substantive visa on or after 1 September 1994; and
	(b)	the visa was not subject to a condition that the applicant would not be granted another substantive visa (other than a protection visa) while he or she remained in Australia;
the Minister is satisfied that:
	(c)	the applicant ceased to hold a substantive visa because of factors beyond the applicant's control; and
	(d)	there are compelling reasons for granting the visa; and
	(e)	the applicant complied substantially with any conditions subject to which the visa was granted (other than a condition of which the applicant was in breach solely because the visa ceased); and
	(f)	the applicant would have been entitled to be granted a visa of the class applied for if the applicant had applied for the visa immediately before ceasing to hold a substantive visa; and
	(g)	the applicant intends to comply with any condition subject to which the visa is granted.
	3005.	A visa or entry permit has not previously been granted to the applicant on the basis of the satisfaction of any of the criteria set out in:
	(a)	this Schedule; or
	(b)	Schedule 6 of the Migration (1993) Regulations; or
	(c)	regulation 35AA or subregulation 42 (1A) or (1C) of the Migration (1989) Regulations.
	Schedule 4	Regulation 1.03
PUBLIC INTEREST CRITERIA
4001.	(1)	The applicant meets the requirements of subclause (2), (3) or (4).
	(2)	An applicant meets the requirements of this subclause if, after appropriate enquiries, the Minister has decided that there is no evidence of anything that might justify refusal, under section 501 of the Act, to grant the visa.
	(3)	An applicant meets the requirements of this subclause if, after appropriate enquiries and consideration of all available evidence of anything that might justify refusal, under section 501 of the Act, to grant the visa, the Minister has decided that that evidence is insufficient to satisfy the Minister of any of the matters referred to in paragraph (1) (b) and subsection (2) of that section.
	(4)	An applicant meets the requirements of this subclause if, despite being satisfied that refusal, under section 501 of the Act, to grant the visa is justified, the Minister has decided not to exercise the power under that section to refuse to grant the visa.
	4002.	The applicant is not assessed by the competent Australian authorities to be directly or indirectly a risk to Australian national security.
	4003.	The applicant is not determined by the Foreign Minister to be a person whose presence in Australia would prejudice relations between Australia and a foreign country.
	4004.	The applicant does not have outstanding debts to the Commonwealth unless the Minister is satisfied that appropriate arrangements have been made for payment.
	4005.	The applicant:
	(a)	both:
	(i)	is free from tuberculosis or any other communicable disease of a fatal or serious nature that, in the opinion of a Commonwealth medical officer, is a threat to public health in Australia, and is not suspected of having contracted such a disease; and
	(ii)	if the applicant is a person from whom a Commonwealth medical officer has requested a signed undertaking to present himself or herself to a health authority in the State or Territory of intended residence in Australia for a follow-up medical examination, has provided such an undertaking; and
	(b)	is free from any other disease or condition that, in the opinion of a Commonwealth medical officer, would be a danger to members of the Australian community; and
	(c)	is free of any disease or condition that, during the applicant's proposed period of stay in Australia, would, in the opinion of a Commonwealth medical officer:
	(i)	require significant care or significant treatment (or both); or
	(ii)	require care or treatment (or both) involving the use of community resources in short supply; or
	(iii)	prevent the applicant from pursuing the applicant's intended occupation (if any) in Australia; or
	(iv)	result in the applicant becoming a significant charge on public funds.
	4006.	The applicant has been found to be free from any disease or condition that, if offspring were produced, would, in the opinion of a Commonwealth medical officer, result in the offspring being affected by a disease or condition referred to in clause 4005.
	4007.	(1)	Subject to subclause (2), the applicant:
	(a)	both:
	(i)	is free from tuberculosis or any other communicable disease of a fatal or serious nature that, in the opinion of a Commonwealth medical officer, is a threat to public health in Australia, and is not suspected of having contracted such a disease; and
	(ii)	if the applicant is a person from whom a Commonwealth medical officer has requested a signed undertaking to present himself or herself to a health authority in the State or Territory of intended residence in Australia for a follow-up medical examination, has provided such an undertaking; and
	(b)	is free from any other disease or condition that, in the opinion of a Commonwealth medical officer, would be a danger to members of the Australian community; and
	(c)	is free of any disease or condition that, during the applicant's proposed period of stay in Australia, would, in the opinion of a Commonwealth medical officer:
	(i)	require significant care or significant treatment (or both); or
	(ii)	require care or treatment (or both) involving the use of community resources in short supply; or
	(iii)	prevent the applicant from pursuing the applicant's intended occupation (if any) in Australia; or
	(iv)	result in the applicant becoming a significant charge on public funds.
	(2)	The Minister may waive the requirements of subclause (1) if:
	(a)	the applicant satisfies all other criteria for the grant of the visa applied for (other than public interest criterion 4008, if applicable); and
	(b)	a Commonwealth medical officer has formed the opinion that the applicant:
	(i)	is free of tuberculosis and other communicable diseases of a fatal or serious nature that are a threat to public health in Australia; and
	(ii)	is free of other diseases and conditions that are a danger to members of the Australian community; and
	(iii)	is free of diseases and conditions that are likely to result in offspring being produced with a disease or condition referred to in subparagraph (i) or (ii); and
	(iv)	is unlikely, as a result of a disease or condition, to prejudice the access to health care of any Australian citizen or Australian permanent resident; and
	(c)	the Minister is satisfied that undue harm or undue cost would be unlikely to result to the Australian community if the visa was granted.
4008.	(1)	Subject to subclause (2), the applicant has been found to be free from any disease or condition that, if offspring were produced, would, in the opinion of a Commonwealth medical officer, result in offspring affected by a disease or condition referred to in clause 4007.
	(2)	The Minister may waive the requirements of subclause (1) if:
	(a)	the applicant satisfies all other criteria for the grant of the visa applied for (other than public interest criterion 4007); and
	(b)	a Commonwealth medical officer has formed the opinion that the applicant:
	(i)	is free of tuberculosis and other communicable diseases of a fatal or serious nature that are a threat to public health in Australia; and
	(ii)	is free of other diseases and conditions that are a danger to members of the Australian community; and
	(iii)	is free of diseases and conditions that are likely to result in offspring being produced with a disease or condition referred to in subparagraph (i) or (ii); and
	(iv)	is unlikely, as a result of a disease or condition, to prejudice the access to health care of any Australian citizen or Australian permanent resident; and
	(c)	the Minister is satisfied that undue harm or undue cost would be unlikely to result to the Australian community if the visa was granted.
	4009.	The applicant:
	(a)	intends to live permanently in Australia; and
	(b)	if the applicant seeks entry to Australia as a member of a family unit, also satisfies the Minister that the applicant could obtain support in Australia from other members of the family unit.
	4010.	If the applicant seeks to remain in Australia permanently, or temporarily for longer than 12 months, the applicant is likely to become established in Australia without undue personal difficulty and without imposing undue difficulties or costs on the Australian community.
	4011.	(1)	If the applicant is affected by the risk factor specified in subclause (2), the applicant satisfies the Minister that, having regard to the applicant's circumstances in the applicant's country of usual residence, there is very little likelihood that the applicant will remain after the expiry of any per iod during that the applicant might be authorised to remain after entry.
	(2)	An applicant is affected by the risk factor referred to in subclause (1) if:
	(a)	during the period of 5 years immediately preceding the application, the applicant has applied for a visa or entry permit for the purpose of permanent residence in Australia; or
	(b)	the applicant has one or more relevant characteristics in common with a class of persons shown by statistics prepared by the Secretary from the movement records kept by Immigration to be persons who have remained in Australia after the expiry of the respective periods of time during that they were authorised to remain in Australia.
	(3)	For the purposes of subclause (2), a relevant characteristic is any of the following characteristics:
	(a)	nationality;
	(b)	marital status;
	(c)	age;
	(d)	sex;
	(e)	occupation;
	(f)	the class of visa currently applied for;
	(g)	the place of lodgment or posting of the application for that visa.
	4012.	In the case of an applicant:
	(a)	who has not turned 18; and
	(b)	who is not travelling, or intending to travel, to Australia under the visa in the company of either or both of his or her parents or guardians; and
	(c)	whose application expresses an intention to visit a person in Australia who is not a relative of the applicant; and
	(d)	who is not travelling as a part of an organised tour and for whom no adequate maintenance and support arrangements have been made for the total period of stay in Australia;
an undertaking to provide accommodation for, and to be responsible for the support and general welfare of, the applicant during the applicant's stay in Australia is given to the Minister by a person who, in the reasonable belief of the Minister, is of good character.
	Schedule 5	Regulation 1.03
SPECIAL RETURN CRITERIA
	5001.	The applicant is not a person who left Australia while the subject of a deportation order under:
	(a)	section 200 of the Act; or
	(b)	section 55, 56 or 57 of the Act as in force on and after 19 December 1989 but before 1 September 1994; or
	(c)	section 12, 13 or 14 of the Act as in force before 19 December 1989.
	5002.	If the applicant is a person who has been:
	(a)	removed from Australia under section 198, 199 or 205 of the Act; or
	(b)	deported from Australia before 1 September 1994 otherwise than under:
	(i)	section 55, 56 or 57 of the Act as in force on and after 19 December 1989 and before 1 September 1994; or
	(ii)	section 12, 13 or 14 of the Act as in force before 19 December 1989;
then:
	(c)	the application is made more than 30 months after the removal or deportation; or
	(d)	the Minister is satisfied that, in the particular case, compassionate or compelling circumstances justify the waiver of the requirements of paragraph (c).
	5003.	If the applicant is a person who has been:
	(a)	removed from Australia under section 198, 199 or 205 of the Act; or
	(b)	deported from Australia before 1 September 1994 otherwise than under:
	(i)	section 55, 56 or 57 of the Act as in force on and after 19 December 1989 and before 1 September 1994; or
	(ii)	section 12, 13 or 14 of the Act as in force before 19 December 1989; then:
	(c)	the application is made more than 5 years after the removal or deportation; or
	(d)	the Minister is satisfied that, in the particular case, compassionate or compelling circumstances justify the waiver of the requirements of paragraph (c).
	5004.	(1)	If the applicant is a person who has left Australia (otherwise than as a removee or deportee) following:
	(a)	compliance action by Immigration resulting in the detection of the whereabouts of the person, being an unlawful non-citizen, illegal entrant or prohibited non-citizen; or
	(b)	cancellation of a visa in the circumstances set out in subclause (2); or
	(c)	the cancellation, as the result of the person being found by Immigration to have worked without authority:
	(i)	under section 35 of the Act as in force before 1 September 1994, of a temporary entry permit held by the person; or
	(ii)	under section 116 of the Act, of a visa held by the person; or
	(d)	a determination by the Minister before 1 September 1994 that the person had failed to comply with a terminating condition to which a temporary entry permit held by the person was subject, with the result that that entry permit ceased to be in force;
either:
	(e)	the application is made more than 12 months after the departure of the person from Australia; or
	(f)	the Minister is satisfied that, in the particular case, compassionate or compelling circumstances justify the waiver of the requirements of paragraph (e).
	(2)	The circumstances referred to in paragraph (1) (b) are:
	(a)	that:
	(i)	the person held a visa of a subclass listed by number in column 2 and by title in column 3 of an item in the Table at the end of this Schedule; and
	(ii)	the visa was cancelled under section 116 of the Act because the person did not comply with a condition listed in column 4 of that item; or
	(b)	that:
	(i)	the person held a Subclass 773 (Border) visa; and
	(ii)	at the time of grant of that visa, the person was apparently eligible for a substantive visa of a subclass listed in the Table; and
	(iii)	the Subclass 773 visa was cancelled on the ground that the person had failed to comply with a condition listed in Column 4 of the item in the Table that relates to that subclass of substantive visa.
	5005.	(1)	If the applicant is a person who has left Australia (otherwise than as a removee or deportee) following:
	(a)	compliance action by Immigration resulting in the detection of the whereabouts of the person, being an unlawful non-citizen, illegal entrant or prohibited non-citizen; or
	(b)	cancellation of a visa in the circumstances set out in subclause (2); or
	(c)	the cancellation, as the result of the person being found by Immigration to have worked without authority:
	(i)	under section 35 of the Act as in force before 1 September 1994, of a temporary entry permit held by the person; or
	(ii)	under section 116 of the Act, of a visa held by the person; or
	(d)	a determination by the Minister before 1 September 1994 that the person had failed to comply with a terminating condition to which a temporary entry permit held by the person was subject, with the result that that entry permit ceased to be in force;
either:
	(e)	the application is made more than 3 years after the departure of the person from Australia; or
	(f)	the Minister is satisfied that, in the particular case, compassionate or compelling circumstances justify the waiver of the requirements of paragraph (e).
	(2)	The circumstances referred to in paragraph (1) (b) are:
	(a)	that:
	(i)	the person held a visa of a subclass listed by number in column 2 and by title in column 3 of an item in the Table at the end of this Schedule; and
	(ii)	the visa was cancelled under section 116 of the Act because the person did not comply with a condition listed in column 4 of that item; or
	(b)	that:
	(i)	the person held a Subclass 773 (Border) visa; and
	(i)	at the time of grant of that visa, the person was apparently eligible for a substantive visa of a subclass listed in the Table; and
	(iii)	the Subclass 773 visa was cancelled on the ground that the person had failed to comply with a condition listed in Column 4 of the item in the Table that relates to that subclass of substantive visa.
	5006.	If the applicant is:
	(a)	a person who has left Australia before 1 September 1994 after having been determined by the Minister, under regulation 2.38 of the Migration (1993) Regulations, to have contravened a condition of a temporary entry permit held by the person, whether or not the period of effect of that entry permit had expired at the time of the determination; or
	(b)	a person who:
	(i)	has left Australia:
	(A)	on or after 1 November 1990; and
	(B)	after the expiry of a period of grace that applied to the person under section 13 of the Act as in force before 1 September 1994, being a period of grace that expired before 1 September 1994; and
	(ii)	is not a person who:
	(A)	applied for review by a review officer, the Immigration Review Tribunal or the Refugee Review Tribunal; and
	(B)	left Australia within 7 days of being notified of the decision on the application for review;
	(c)	a person who left Australia as an unlawful non-citizen or as the holder of a bridging visa class C, D or E granted otherwise than as a result of compliance action, unless:
	(i)	the person left Australia within 28 days after his or her substantive visa ceased to be in effect or his or her entry permit expired, as the case requires; or
	(ii)	the bridging visa that he or she held at the time of departure was granted:
	(A)	within 28 days after his or her substantive visa ceased to be in effect or his or her entry permit expired, as the case requires; or
	(B)	while he or she held a bridging visa granted in the circumstances referred to in sub-subparagraph (A); or
	(C)	while he or she held a substantive visa;
either:
	(d)	the application is made more than 6 months after the departure of the person from Australia; or
	(e)	the Minister is satisfied that, in the particular case, compassionate or compelling circumstances justify the waiver of the requirements of paragraph (d).
	5007.	If the applicant is:
	(a)	a person who has left Australia before 1 September 1994 after having been determined by the Minister, under regulation 2.38 of the Migration (1993) Regulations, to have contravened a condition of a temporary entry permit held by the person, whether or not the period of effect of that entry permit had expired at the time of the determination; or
	(b)	a person who:
	(i)	has left Australia:
	(A)	on or after 1 November 1990; and
	(B)	after the expiry of a period of grace that applied to the person under section 13 of the Act as in force before 1 September 1994 being a period that expired before 1 September 1994; and
	(ii)	is not a person who:
	(a)	applied for review by a review officer, the Immigration Review Tribunal or the Refugee Review Tribunal; and
	(b)	left Australia within 7 days of being notified of the decision on the application for review;
	(c)	a person who left Australia as an unlawful non-citizen or as the holder of a bridging visa class C, D or E granted otherwise than as a result of compliance action, unless:
	(i)	the person left Australia within 28 days after his or her substantive visa ceased to be in effect or his or her entry permit expired, as the case requires; or
	(ii)	the bridging visa that he or she held at the time of departure was granted:
	(A)	within 28 days after his or her substantive visa ceased to be in effect or his or her entry permit expired, as the case requires; or
	(B)	while he or she held a bridging visa granted in the circumstances referred to in sub-subparagraph (A); or
	(C)	while he or she held a substantive visa;
either:
	(d)	the application is made more than 12 months after the departure of the person from Australia; or
	(e)	the Minister is satisfied that, in the particular case, compassionate or compelling circumstances justify the waiver of the requirements of paragraph (d).
	5008.	If the applicant:
	(a)	was a prohibited non-citizen on or before 18 December 1989; and
	(b)	was not detained or arrested under the Act on or after 10 December 1990; and
	(c)	on or after 10 December 1990, made an unsuccessful application for:
	(i)	a December 1989 (temporary) (code number 440) or a December 1989 (permanent) (code number 812) entry permit under the Migration (1989) Regulations; or
	(ii)	a Class 812 (December 1989 (permanent)) entry permit under the Migration (1993) Regulations; and
	(d)	subsequently left Australia but was not:
	(i)	deported before 1 September 1994; or
	(ii)	removed under the Act;
either:
	(e)	the unsuccessful application was made before 19 December 1991; or
	(f)	both:
	(i)	the unsuccessful application was made on or after 19 December 1991 but before 19 December 1992; and
	(ii)	the present application is made more than 2 years after the applicant left Australia; or
	(g)	both:
	(i)	the unsuccessful application was made on or after 19 December 1992 but before 19 December 1993; and
	(ii)	the present application is made more than 5 years after the applicant left Australia; or
	(h)	the Minister is satisfied that, in the particular case, compassionate or compelling circumstances justify the waiver of the requirements of paragraphs (e) to (g).
	5009.	If the applicant:
	(a)	was a prohibited non-citizen on or before 18 December 1989; and
	(b)	was detained or arrested under the Act on or after 10 December 1990; and
	(c)	on or after 10 December 1990 made an unsuccessful application for:
	(i)	a December 1989 (temporary) (code number 440) or a December 1989 (permanent) (code number 812) entry permit under the Migration (1989) Regulations; or
	(ii)	a Class 812 (December 1989 (permanent)) entry permit under the Migration (1993) Regulations; and
	(d)	subsequently left Australia but was not:
	(i)	deported before 1 September 1994; or
	(ii)	removed under the Act;
either:
	(e)	both:
	(i)	the unsuccessful application was made before 19 December 1991; and
	(ii)	the present application is made more than 12 months after the applicant left Australia; or
	(f)	both:
	(i)	the unsuccessful application was made on or after 19 December 1991 but before 19 December 1992; and
	(ii)	the present application is made more than 2 years after the applicant left Australia; or
	(g)	both:
	(i)	the unsuccessful application was made on or after 19 December 1992 but before 19 December 1993; and
	(ii)	the present application is made more than 5 years after the applicant left Australia; or
	(h)	the Minister is satisfied that, in the particular case, compassionate or compelling circumstances justify the waiver of the requirements of paragraphs (e) to (g).
	5010.	(1)	If the applicant is a person who commenced a subsidised course in Australia after 22 August 1979:
	(a)	the application is made more than 2 years after the person's departure from Australia; or
	(b)	the Minister is satisfied that it would not be detrimental to Australia's policies in respect of overseas students to grant the visa; or
	(c)	the Minister is satisfied that, in the particular case, compassionate or compelling circumstances justify the waiver of the requirements of paragraphs (a) and (b).
	(2)	For the purposes of subclause (1), a subsidised course is a course of studies lasting more than 12 months undertaken:
	(a)	under the Private Subsidised Overseas Student Program; or
	(b)	with the approval of the Minister for the time being administering AIDAB.
THE TABLE REFERRED TO IN SUBCLAUSES 5004 (2) AND 5005 (2)

Column 1
Item	Column 2
Visa subclass	Column 3
Title of visa subclass 	Column 4
Conditions	
1	410	Retirement	9101	
2	419	Visiting Academic	9103	
3	425	Family Relationship	9101	
4	432	Expatriate	9101	
5	442	Occupational Trainee	9107, 9215	
6	560	Student	9101, 9104, 9105, 9107, 9109, 9110 or 9111	
7	562	Iranian Postgraduate Student	9105, 9107, 9109 or 9110	
8	563	Iranian Postgraduate Student (Dependant)	9104, 9109 or 9111	
9	661	Tourist (Special Arrangements)	9101 or 9106	
10	670	Tourist (Short Stay)	9101 or 9016	
11	672	Business Visitor (Short Stay)	9106	
12	673	Close Family Visitor (Short Stay)	9101 or 9106	
13	674	Visitor (Other) (Short Stay)	9101 or 9106	
14	756	Medical Treatment (short Stay)	9101 or 9106	
15	680	Tourist	9101 or 9106	
16	682	Business Visitor	9106	
17	683	Close family visitor	9101 or 9106	
18	684	Visitor (Other)	9101 or 9106	
19	685	Medical	9101 or 9106	
20	771	Transit	9101 or 9106	

Schedule 6	Regulations 2.26 and 2.27
GENERAL POINTS TEST-QUALIFICATIONS AND POINTS
Column 1
Item No.	Column 2 
Prescribed qualification	Column 3
Number of points	
Part 1-Employment Qualification
6101	The applicant:
	(a)	applies to enter Australia on the basis of an occupation:
	(i)	that is the applicant's usual occupation; and
	(ii)	that is a priority occupation; and
	(iii)	for which, in Australia, a degree, trade certificate, diploma, associate diploma or post-trade qualification is required or that is a professional-equivalent or technical-equivalent occupation; and
	(iv)	in respect of which the applicant has a degree, trade certificate, diploma, associate diploma or post-trade qualification that meets Australian standards for the occupation, or experience assessed by the relevant Australian authority to be equivalent to the Australian standards for the occupation; and
	(b)	has in respect of that occupation, qualifications or experience (or both) required for the purpose of any Australian occupational licence or registration (or both); and
	(c)	has worked in that occupation, or, on any occasion when not working in the usual occupation, a closely related occupation:
	(i)	for not less than 3 years (except for periods of absence that, in total duration, have not exceeded 12 months) immediately before making the application; and
	(ii)	in the case of a person who has a qualification referred to in subparagraph (a) (iv)-after acquiring that qualification	80	
6102	The applicant's usual occupation:
	(a)	is not a priority occupation; and
	(b)	is an occupation:
	(i)	for which, in Australia, a degree or trade certificate is required; or
	(ii)	that is a professional-equivalent occupation; and
	(c)	is an occupation in respect of which the applicant has:
	(i)	a degree, trade certificate or post-trade qualification that is assessed by the relevant Australian authority as meeting Australian educational or training standards for that occupation; or
	(ii)	experience assessed by the relevant Australian authority to be equivalent to the Australian standards for that occupation;
	(d)	is an occupation in respect of which the applicant has qualifications or experience (or both) required for the purpose of holding any Australian occupational licence or registration (or both); and
	(e)	is an occupation in which the applicant has worked or (on any occasion when not working in the usual occupation) that is closely related to the occupation in which the applicant has worked:
	(i)	for not less than 3 years (except for periods of absence that, in total duration, have not exceeded 12 months) immediately before making the application; and
	(ii)	in the case of an applicant to whom subparagraph (c) (i) applies, after acquiring the qualification referred to in that subparagraph	70	
6103	The applicant meets the qualification specified in item 6102 except that, in respect of paragraph (e) of that item, the applicant has worked, immediately before making the application, for a period of less than 3 years 	60	
6104	The applicant's usual occupation:
	(a)	is not a priority occupation; and
	(b)	is an occupation:
	(i)	for which, in Australia, a diploma or associate diploma is required; or
	(ii)	that is a technical-equivalent occupation; and
	(c)	is an occupation in respect of which the applicant has:
	(i)	a diploma or associate diploma that is assessed by the relevant Australian authority as meeting Australian educational or training standards for that occupation; or
	(ii)	experience assessed by the relevant Australian authority to be equivalent to the Australian standards for that occupation; and
	(d)	is an occupation in respect of which the applicant has qualifications or experience (or both) required for the purpose of holding any Australian occupational licence or registration (or both); and
	(e)	is an occupation in respect of which the applicant has worked or (on any occasion when not working in the usual occupation) that is closely related to the occupation in which the applicant has worked:
	(i)	for not less than 3 years (except for periods of absence that, in total duration, have not exceeded 12 months) immediately before making the application; and
	(ii)	in the case of an applicant to whom subparagraph (c) (i) applies, after acquiring the qualification referred to in that subparagraph	55	
6105	The applicant:
	(a)	has the attributes referred to in paragraphs 6104 (a), (b), (c) and (d); and
	(b)	has, immediately before making the application, worked in the applicant's usual occupation, or a closely related occupation:
	(i)	for a period of less than 3 years; and
	(ii)	in the case of a person who has a qualification referred to in subparagraph 6104 (c) (i)-after acquiring that qualification.	50	
6106	The applicant:
	(a)	applies to enter Australia on the basis of an occupation which is the applicant's usual occupation, being an occupation:
	(i)	for which, in Australia, a degree, diploma, associate diploma or trade certificate is required; and
	(ii)	in respect of which the applicant has a degree, diploma, associate diploma or trade certificate that qualifies the applicant to enter that occupation in the foreign country that is the applicant's usual country of residence; and
	(iii)	in respect of which the qualifications of the applicant are assessed by the relevant Australian authority as requiring upgrading by a course of training lasting not more than 6 months before being equivalent to Australian standards for that occupation; and
	(b)	has, in relation to such an occupation, the attributes referred to in paragraph 6101 (c)	30	
6107	The applicant:
	(a)	applies to enter Australia:
	(i)	on the basis of an occupation that is the applicant's usual occupation, being an occupation entry to which in Australia requires a certificate or advanced certificate; and
	(ii)	as a person who has educational qualifications equivalent to completion of 4, 5 or 6 years of secondary education in Australia; and
	(iii)	as a person who has a certificate or advanced certificate that meets Australian standards for that occupation, or has work experience that is assessed by the relevant Australian authority to be equivalent to a post-secondary qualification of that kind; or
	(b)	has an occupation:
	(i)	that is the applicant's usual occupation; and
	(ii)	entry to which in Australia requires a degree, diploma, associate diploma or trade certificate; and
	(iii)	in respect of which the applicant has a degree, diploma, associate diploma or trade certificate, or possesses work experience, assessed by the relevant Australian authority as not equivalent to Australian Standards for that occupation	25	
6108	The applicant has:
	(a)	an occupation that is the applicant's usual occupation; and
	(b)	has educational qualifications equivalent to 12 years of primary and secondary education in Australia	20	
6109	The applicant has:
	(a)	an occupation that is the applicant's usual occupation; and
	(b)	educational qualifications equivalent to 10 years of primary and secondary education in Australia	10	
[NOTE:	If the applicant's usual occupation is as a medical practitioner (including a specialist medical practitioner), 10 points is to be deducted: see paragraph 2.24 (3) (c).]
PART 2-AGE QUALIFICATION
6201	The applicant is aged not less than 18 years and under 30 years at
time of application	30	
6202	The applicant is aged not less than 30 years and under 35 years at
time of application 	25	
6203	The applicant is aged not less than 35 years and under 40 years at
time of application	15	
6204	The applicant is aged not less than 40 years and under 45 years at
the time of application	10	
6205	The applicant is aged not less than 45 years and under 50 years at
the time of application	5	
PART 3-LANGUAGE SKILL QUALIFICATION

6301	The applicant provides evidence:
	(a)	that he or she holds an award (being a degree, a higher degree, a diploma or a trade certificate) that required at least 3 years of full time study or training; and
	(b)	that all instruction (including instruction received in other courses for which the applicant was allowed credit) for that award was conducted in English	20	
6302	The applicant provides evidence of having passed the Occupational English Test:
	(a)	not more than 12 months before lodging the relevant application to migrate; or
	(b)	at the time of the processing of the relevant application to migrate	20	
6303	The applicant provides evidence of having achieved an ACCESS test score of at least 5 on each of the 4 test components of listening, reading, writing and oral interaction in a test conducted:
	(a)	not more than 12 months before lodging the relevant application to migrate; or
	(b)	at the time of the processing of the relevant application to migrate	20	
6304	The applicant provides evidence of having achieved an IELTS test score of at least 6.0 on each of the 4 test components of speaking, reading, writing and listening in a test conducted:
	(a)	not more than 12 months before lodging the relevant application to migrate; or
	(b)	at the time of the processing of the relevant application to migrate	20	
6305	The applicant provides evidence:
	(a)	that he or she holds an award (being a degree, a higher degree, a diploma or a trade certificate) that required at least 2 years of full time study or training; and
	(b)	that all instruction (including instruction received in other courses for which the applicant was allowed credit) for that award was conducted in English	15	
6306	The applicant provides evidence of having achieved an ACCESS test score of at least 15 taking into account the 3 best of the applicant's scores based on the 4 test components of listening, reading, writing and oral interaction in a test conducted:
	(a)	not more than 12 months before lodging the relevant application to migrate; or
	(b)	at the time of the processing of the relevant application to migrate	15	
6307	The applicant provides evidence of having achieved an IELTS average band score of at least 6.0 on the 3 best of the applicant's scores based on the 4 test components of speaking, reading, writing and listening in a test conducted:
	(a)	not more than 12 months before lodging the relevant application to migrate; or
	(b)	at the time of the processing of the relevant application to migrate	15	
6308	The applicant provides evidence of having completed all years of primary education and at least 3 years of secondary education at educational institutions in which all instruction was conducted in English	10	
6309	The applicant provides evidence of having completed at least 5 years of secondary education at educational institutions in which all instruction was conducted in English	10	
6310	The applicant provides evidence of having achieved an ACCESS test score of at least 15 with a minimum of 3 for each of the 4 test components of listening, reading, writing and oral interaction in a test conducted:
	(a)	not more than 12 months before lodging the relevant application to migrate; or
	(b)	at the time of the processing of the relevant application to migrate	10	
6311	The applicant provides evidence of having achieved an IELTS average band score of at least 5.0 based on the 4 test components of speaking, reading, writing and listening in a test conducted:
	(a)	not more than 12 months before lodging the relevant application to migrate; or
	(b)	at the time of the processing of the relevant application to migrate	10	
6312	The applicant provides evidence of having completed all years of primary education and at least 2 years of secondary education at educational institutions in which all instruction was conducted in English	5	
6313	The applicant provides evidence of having completed at least 3 years of secondary education at educational institutions in which all instruction was conducted in English	5	
6314	The applicant provides evidence of having achieved an ACCESS test score of at least 12 based on the 4 test components of listening, reading, writing and oral interaction in a test conducted:
	(a)	not more than 12 months before lodging the relevant application to migrate; or
	(b)	at the time of the processing of the relevant application to migrate	5	
6315	The applicant provides evidence of having achieved an IELTS average band score of at least 4.0 based on the 4 test components of speaking, reading, writing and listening in a test conducted:
	(a)	not more than 12 months before lodging the relevant application to migrate; or
	(b)	at the time of the processing of the relevant application to migrate	5	
6316	The applicant satisfies the Minister that the applicant is fluent in 2 languages other than English	5	
PART 4-RELATIONSHIP QUALIFICATION
6401	The sponsor is a son or daughter, an adopted son or adopted daughter or a stepson or stepdaughter of the applicant
 	15	
6402	The sponsor is a brother or sister, an adoptive brother or sister, a stepbrother or stepsister, a parent, an adoptive parent or a step-parent of the applicant	10	
6403	The sponsor is an aunt or uncle, an adoptive aunt or uncle or a
step-aunt or step-uncle of the applicant	5	
PART 5-CITIZENSHIP QUALIFICATION
6501	The sponsor has been an Australian citizen for not less than 5
years at the time Immigration receives the relevant sponsorship	10	
6502	The sponsor has been an Australian citizen for less than 5 years at
the time Immigration receives the relevant sponsorship	5	
PART 6-SETTLEMENT OF SPONSOR QUALIFICATION
6601	The sponsor:
	(a)	has been resident in Australia (except for short absences for the purposes of recreation or business) throughout the period of 2 years immediately before Immigration receives the relevant sponsorship; and
	(b)	is not, at the time Immigration receives the relevant sponsorship, receiving a benefit under the Student Assistance Act 1973 or any form of Australian social security benefit, allowance or pension, other than:
	(i)	an age pension under the Social Security Act 1947 or the Social Security Act 1991; or
	(ii)	a family allowance, or family allowance supplement, under either of those Acts; or
	(iii)	a pension under the Seamen's War Pensions and Allowances Act 1940 or the Veterans' Entitlements Act 1986; and
	(c)	is either:
	(i)	a person who:
	(A)	is financially independent, engaged in paid employment or receiving a pension referred to in subparagraph (b) (i) or (iii); and
	(B)	has not received, in respect of a period or periods amounting to more than 4 weeks during that period of 2 years, one or more of the following benefits and allowances:
	(I)	an unemployment benefit under the Social Security Act 1947;
	(II)	a special benefit under that Act;
	(III)	a jobsearch allowance under the Social Security Act 1991;
	(IV)	a newstart allowance under that Act; or
	(ii)	a person who:
	(A)	is not financially independent, engaged in paid employment or receiving a pension referred to in subparagraph (b) (i) or (iii); and
	(B)	does not have a spouse who has received, in respect of a period or periods amounting to more than 4 weeks during that period of 2 years, one or more of the following benefits and allowances:
	(I)	an unemployment benefit under the Social Security Act 1947;
	(II)	a special benefit under that Act;
	(III)	a jobsearch allowance under the Social Security Act 1991;
	(IV)	a newstart allowance under that Act	10	
PART 7-LOCATION OF SPONSOR QUALIFICATION
6701	Throughout the period of 2 years immediately before Immigration receives the relevant sponsorship (except for short absences for the purposes of recreation or business), the sponsor has been resident in one or more of the areas specified by Gazette Notice as designated areas for the purpose of this item 	5	

SCHEDULE 7	Regulation 1.03
BUSINESS SKILLS POINTS TEST-ATTRIBUTES AND POINTS
Column 1
Item	Column 2
Attributes	Column 3
Number of points	
PART 1-BUSINESS ATTRIBUTES
Division 1.1-Applicant's main business or main businesses
(Subclass 127 and 129 visas)
(Subdivision 1.1.1.‑annual turnover and employee levels
7101	In each of any 2 of the 4 fiscal years immediately preceding the making of the application, the applicant’s main business, or the applicant’s main business together:
	(a)	had an annual turnover equivalent to not less than AUD 5,000,000; and
	(b)	employed not fewer than:
	(i)	in the case of an applicant for a Subclass 127 visa-5 full-time employees; and
	(ii)	in the case of an applicant for a Subclass 129 visa-3 full-time employees	60	
7102	In each of any 2 of the 4 fiscal years immediately preceding the making of the application, the applicant's main business, or the applicant's main businesses together:
	(a)	had an annual turnover equivalent to not less than AUD 3,000,000; and
	(b)	employed not fewer than:
	(i)	in the case of an applicant for a Subclass 127 visa-5 full-time employees; and
	(ii)	in the case of an applicant for a Subclass 129-3 full-time employees	55	
7103	In each of any 2 of the 4 fiscal years immediately preceding the making of the application, the applicant's main business, or the applicant's main businesses together:
	(a)	had an annual turnover equivalent to not less than AUD 1,500,000; and
	(b)	employed not fewer than:
	(i)	in the case of an applicant for a Subclass 127 visa-5 full-time employees; and
	(ii)	in the case of an applicant for a Subclass 129 visa-3 full-time employees 	50	
7104	In each of any 2 of the 4 fiscal years immediately preceding the making of the application, the applicant's main business, or the applicant's main businesses together:
	(a)	had an annual turnover equivalent to not less than AUD 750,000; and
	(b)	employed not fewer than:
	(i)	in the case of an applicant for a Subclass 127 visa-5 full-time employees; and
	(ii)	in the case of an applicant for a Subclass 129 visa-3 full-time employees	40	
7105	In each of any 2 of the 4 fiscal years immediately preceding the making of the application, the applicant's main business, or the applicant's main businesses together:
	(a)	had an annual turnover equivalent to not less than AUD 500,000; and
	(b)	employed not fewer than:
	(i)	in the case of an applicant for a Subclass 127 visa-5 full-time employees; and
	(ii)	in the case of an applicant for a Subclass 129 visa-3 full-time employees	35	
	Subdivision 1.1.2-Labour costs		
7121	In each of any 2 of the 4 fiscal years immediately preceding the making of the application, the applicant's main business, or the applicant's main businesses together, had labour costs equivalent to not less than AUD 250,000 but less than AUD 500,000	5	
7122	In each of any 2 of the 4 fiscal years immediately preceding the making of the application, the applicant's main business, or the applicant's main businesses together, had labour costs equivalent to not less than AUD 500,000	10	
	Subdivision 1.1.3-Total assets		
7131	In each of any 2 of the 4 fiscal years immediately preceding the making of the application, the applicant's main business, or the applicant's main businesses together, had total assets of a value equivalent to not less than AUD 750,000 but less than AUD 1,500,000	5	
7132	In each of any 2 of the 4 fiscal years immediately preceding the making of the application, the applicant's main business, or the applicant's main businesses together, had total assets of a value equivalent to not less than AUD 1,500,000	10	
Division 1.2-Business employing the applicant
(Subclass 128 and 130 visas)
7151	The applicant was employed in a major business (within the meaning of clause 128.111 or 130.111, as the case requires, of Schedule 2) in each of any 2 of the 4 fiscal years immediately preceding the making of the application	65	
	PART 2-AGE OF APPLICANT AT TIME OF APPLICATION		
7201	Not less than 30 years but less than 45 years	30	
7202	Not less than 45 years but less than 50 years	25	
7203	Not less than 25 years but less than 30 years	20	
7204	Not less than 50 years but less than 55 years 	10	
7205	Less than 25 years or 55 years or more	0	
	PART 3-LANGUAGE ABILITY OF APPLICANT		
7301	Better than functional ability in English	30	
7302	Functional ability in English	20	
7303	Bilingual in languages other than English	10	
7304	Limited ability in English	10	
7305	No ability in English	0	
	PART 4-NET ASSETS OF APPLICANT OR OF APPLICANT AND APPLICANT'S SPOUSE TOGETHER		
7401	Not less than the equivalent of AUD 2,500,000	15	
7402	Not less than the equivalent of AUD 1,500,000 but less than the equivalent of AUD 2,500,000	10	
7403	Not less than the equivalent of AUD 500,000 but less than the equivalent of AUD 1,500,000 	5	
7404	Less than the equivalent of AUD 500,000	0	
	PART 5-SPONSORSHIP		
7501	Sponsorship by the appropriate regional authority 	15	
	Schedule 8	Subregulations 2.05 (1) and (2)
VISA CONDITIONS
[NOTE:	1.	Whether a visa of a particular class may be made subject to any of these conditions depends on the relevant provision in Schedule 2.
	2.	As to cancellation for breaches of conditions, see the Act, ss. 41 and 116 to 119.]
	8101.	The holder must not engage in work in Australia.
	8102.	The holder must not engage in work in Australia (other than in relation to the holder's course of study or training).
	8103.	The holder must not receive salary in Australia without the permission in writing of the Secretary.
	8104.	The holder must not engage in work for more than 20 hours a week while the holder is in Australia.
	8105.	The holder must not engage in work in Australia (other than in relation to the holder's course of study or training) for more than 20 hours a week during any week when the institution at which the holder is studying is in session.
	8106.	The holder must engage in work in Australia only if the work is relevant to the conduct of the business, or performance of the tasks, specified in the visa application.
	8107.	The holder must not change employer or occupation in Australia without the permission in writing of the Secretary.
	8108.	The holder must not be employed in Australia by any 1 employer for more than 3 months.
	8109.	The holder must not change details of times and places of engagements specified in the application to be undertaken in Australia during the visa period, without the prior permission in writing of the Secretary.
	8110.	The holder:
	(a)	must not engage in work in Australia except in the household of the employer in relation to whom the visa was granted; and
	(b)	except with the permission in writing of the Foreign Minister, must not remain in Australia after the permanent departure of that employer.
	8111.	The holder must not:
	(a)	perform work in Australia except in the household of the employer who is the holder's sponsor in relation to the visa; or
	(b)	remain in Australia after the permanent departure of that employer.
	8201.	While in Australia the holder must not 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; or
	(c)	any studies or training of more than 3 months' duration.
	8202.	The holder must satisfy course requirements.
	8203.	The holder must not change his or her course of study, or thesis or research topic, unless approval is given by the Minister after the Minister has obtained an assessment from the competent Australian authorities that the holder is not likely to be directly or indirectly a risk to Australian national security.
	8204.	The holder must not undertake or change a course of study or research, or thesis or research topic, for:
	(a)	a graduate certificate, a graduate diploma, a master's degree or a doctorate; or
	(b)	any bridging course required as a prerequisite to a course of study or research for a master's degree or a doctorate;
unless approval is given by the Minister after the Minister has obtained an assessment from the competent Australian authorities that the holder is not likely to be directly or indirectly a risk to Australian national security.
	8205.	If the holder is over 16 and:
	(a)	is from a country other than a country that is designated, by Gazette Notice, as a country in relation to which this condition does not apply; and
	(b)	intends to study in a class-room environment for a period greater than 4 weeks;
the holder must, before commencing that study, pass a chest X-ray examination carried out by a medical practitioner who is qualified as a radiologist.
	8301.	After entry to Australia, the holder must satisfy relevant public interest criteria before the visa ceases.
	8302.	After entry to Australia, all relevant members of the family unit must satisfy the relevant public interest criteria before the visa ceases.
	8303.	The holder must not become involved in activities disruptive to, or violence threatening harm to, the Australian community or a group within the Australian community.
	8401.	The holder must report:
	(a)	at a time or times; and
	(b)	at a place;
specified by the Minister for the purpose.
	8402.	The holder must report:
	(a)	within 5 working days of grant, to an office of Immigration; and
	(b)	to that office on the first working day of every week after reporting under paragrap (a).
	8403.	The holder must visit an office of Immigration specified by the Minister for the purpose, within the time specified by the Minister for the purpose, to have evidence of the visa placed in the holder's passport.
	8501.	The holder must maintain adequate arrangements for health insurance while the holder is in Australia.
	8502.	The holder of the visa must not enter Australia before the entry to Australia of a person specified in the visa.
	8503.	The holder will not, after entering Australia, be entitled to be granted a substantive visa, other than a protection visa, while the holder remains in Australia.
	8504.	The holder must enter Australia as the holder of the visa to which the condition applies before a date specified by the Minister.
	8505.	The holder must continue to live at the address specified by the holder before grant of the visa.
	8506.	The holder must notify Immigration at least 2 working days in advance of any change in the holder's address.
	8507.	The holder must, within the period specified by the Minister for the purpose:
	(a)	pay; or
	(b)	make an arrangement that is satisfactory to the Minister to pay;
the costs (within the meaning of Division 10 of Part 2 of the Act) of the
holder's detention.
	8508.	The holder must make a valid application for a visa of a class that can be granted in Australia, within the time specified by the Minister for the purpose.
(NOTE: For the meaning of "valid application" see s. 46 of the Act. Broadly, a valid application is one that is formally in order for consideration, not necessarily one that can be granted.)
	8509.	Within 5 working days after the date of grant, the holder must:
	(a)	make a valid application for a substantive visa; or
	(b)	show an officer a ticket for travel to a country other than Australia that the Minister is satisfied will allow the holder to enter on his or her arrival.
	8510.	Within the time specified by the Minister for the purpose, the holder must, either:
	(a)	show an officer a passport that is in force; or
	(b)	make an arrangement satisfactory to the Minister to obtain a passport.
	8511.	Within the time specified by the Minister for the purpose, the holder must, show an officer a ticket for travel to a country other than Australia that the Minister is satisfied will allow the holder to enter on his or her arrival.
	8512.	The holder must leave Australia by the date specified by the Minister for the purpose.
	8513.	The holder must notify Immigration of his or her residential address within 5 working days of grant.
	8514.	During the visa period of the visa, there must be no material change in the circumstances on the basis of which it was granted.
	8515.	The holder of the visa must not marry before entering Australia.
	8516.	The holder must continue to be a person who would satisfy the primary or secondary criteria, as the case requires, for the grant of the visa.
	8517.	The holder must maintain adequate arrangements for the education of any school-age dependant of the holder who is in Australia for more than 3 months as the holder of a Subclass 560 (as a person who has satisfied the secondary criteria) or 563 visa.
	8518.	Adequate arrangements must be maintained for the education of the holder while he or she is in Australia.
	8519.	The holder must enter into the marriage in relation to which the visa was granted within 6 months of the date of the holder's initial entry to Australia as the holder of the visa.
	8520.	The relevant person who has satisfied the primary criteria must enter into the marriage in relation to which the Subclass 300 visa held by that person was granted within 6 months of the date of that person's initial entry to Australia as the holder of the visa.
	8521.	If the visa is a Subclass 428 (religious worker) visa authorising a period of stay in Australia of 6 months or less, the holder cannot, after entering Australia, be granted:
	(a)	a substantive visa that would permit the holder to remain in Australia for a period of more than 6 months from the date on which the holder entered Australia; or
	(b)	a Subclass 805 (skilled occupation) visa.
	8522.	The holder must leave Australia not later than the time of departure of the person:
	(a)	who has satisfied the primary criteria; and
	(b)	of whose family unit the holder is a member.
	8523.	Each person who:
	(a)	is a member of the family unit of the holder (being a spouse of the holder, an unmarried child of the holder who has not turned 18, or a person intending to marry the holder not later than 3 months after entering Australia) ; and
	(b)	has satisfied the secondary criteria; and
	(c)	is, on that account, the holder of a Subclass 560 or 562 visa;
must leave Australia not later than the time of departure of the holder.
	8524.	The holder must satisfy the remaining criteria (within the meaning of Part 303 of Schedule 2) on or before a date specified by the Minister.
	8525.	The holder must leave Australia by a specified means of transport on a specified day or within a specified period.
	8526.	The holder must notify the Secretary in writing, not earlier than 7 days before the day the visa ceases to be in effect, and not later than that day, of the holder's place of residence in Australia by posting the notification to the Central Office of Immigration in the Australian Capital Territory.
	Schedule 9	Regulations 3.02, 3.03
							and 3.06
PART 1-PERSONS TO WHOM SPECIAL ARRANGEMENTS APPLY UNDER SECTION 166 OF THE ACT
Column 1
Item	Column 2
Class of person	Column 3
Evidence of identity	Column 4
Passenger card required?	
1	Members of the Royal Family	Passport	Yes	
2	Members of the Royal party	Passport	Yes	
3	guests of Government	Passport	Yes	
4	SOFA forces members who arrive at an airport that is not a proclaimed port	Military identity documents and movement orders	No	
5	SOFA forces members who arrive at an airport that is a proclaimed port	Military identity documents and movement orders	Yes	
6	SOFA forces civilian component members who arrive at an airport  that is not a proclaimed port	passport and certificate that the person is a member of the civilian component of the armed  forces of the relevant country	No	
7	SOFA forces civilian component members who arrive at a proclaimed port	passport and certificate that the person is a member of the civilian component of the armed forces of the relevant country	Yes	
8	Asia-Pacific forces members arriving at an airport that is not a proclaimed port	military identity documents and movement orders 	No	
9	Asia-Pacific forces members arriving at an airport that is a proclaimed port	military identity documents and movement orders	Yes	
10	Commonwealth forces members who arrive at an airport that is not a proclaimed port	military identity documents and movement orders 	No	
11	Commonwealth forces members who arrive at an airport that is a proclaimed port	military identity documents and movement orders	Yes	
12	Foreign armed forces dependants who arrive at an airport that is not a proclaimed port	passport and either:
	(a)	
	(b)	certificate that the person is a spouse or dependant of a member of the armed forces, or the civilian component of the armed forces of the relevant country, and is accompanying or joining that member	No
movement orders; or	
13	Foreign armed forces dependants who arrive at an airport that
is a proclaimed port	passport and either:
	(a)	
	(b)	certificate that the person is a spouse or dependant of a member of the armed forces, or the civilian component of the armed forces of the relevant country, and is accompanying or joining that member	Yes
movement orders; or	
14	Airline crew members	Certificate of status from employer in the form of a company identity document	No	
15	Airline positioning crew members	passport and a letter from the person's employer certifying that the person is an aircrew member and setting out the purpose of travel and the arrangements for the person to leave Australia	Yes	
16	members of the crew of a non-military ship (within the meaning subregulation AA1 (2)) that, in the course of a voyage from a place outside Australia to a place outside Australia, calls at either:
	(a)	a proclaimed port; or
	(b)	if permission has been given under section 58 of the Customs Act 1901 for it to do so, a port other than a proclaimed port	identity document or passport	No	
17	non-citizen in respect of whom the Minister has made a declaration under paragraph 33 (2) (b)	passport	Yes	

[NOTE:	Paragraph 33 (2) (b) authorises the Minister to declare that persons, or persons in a particular class, are taken to have been granted special purpose visas.]
PART 2-PERSONS NOT REQUIRED TO COMPLY WITH SECTION 166 OF THE ACT
	1.	Transit passengers who do not leave the airport transit lounge except to continue their journey
	2.	Persons visiting Macquarie Island, if permission for the visit has been granted in writing before the visit by the Secretary to the Department of Environment and Land Management of the State of Tasmania
	3.	Australian citizens who form part of an Australian National Antarctic Research Expedition from an Australian Antarctic station, and who are returning to Australia on board a vessel owned or chartered by the Commonwealth
	4.	SOFA forces members who:
	(a)	enter Australia at a seaport; and
	(b)	hold military identity documents and movement orders issued from an official source of the relevant country; and
	(c)	are travelling to Australia in the course of their duty
	5.	Asia-Pacific forces members who:
	(a)	enter Australia at a seaport; and
	(b)	hold military identity documents and movement orders issued from an official source of the relevant country; and
	(c)	are travelling to Australia in the course of their duty
	6.	Commonwealth forces members who:
	(a)	enter Australia at a seaport; and
	(b)	hold military identity documents and movement orders issued from an official source of the relevant country; and
	(c)	are travelling to Australia in the course of their duty
	7.	Foreign naval forces members, if permission to enter the migration zone for the vessel of which they form part of the complement was given in advance by the Australian Government
PART 3-COUNTRIES WHOSE CITIZENS, WHEN TRANSIT PASSENGERS, ARE NOT REQUIRED TO COMPLY WITH SECTION 166 OF THE ACT

Austria
Belgium
Brunei
Canada
Denmark
Federated States of Micronesia
Fiji
Finland
France
Germany
Greece
Indonesia
Ireland
Italy
Japan
Kiribati
Liechtenstein
Luxembourg
Malaysia
Malta
Nauru
Netherlands
Norway
Papua New Guinea
Philippines
Portugal
Republic of South Africa
Republic of the Marshall Islands
Singapore
Solomon Islands
South Korea
Spain
Sweden
Switzerland
Thailand
Tonga
Tuvalu
United Kingdom (including its colonies)
United States of America
Vanuatu
Western Samoa
Zimbabwe

		Schedule 10	Regulation 1.03
FORM 1	Subregulation 5.32 (1)

COMMONWEALTH OF AUSTRALIA

Migration Act 1958

SEARCH WARRANT-VALUABLES
 
To (insert name of officer and capacity by virtue of which he or she is an officer within the meaning of the Act).
I, (name) the Secretary [or a delegate of the Secretary] of the Department of Immigration and Ethnic Affairs, authorise you, (insert name of officer), under subsection 223 (14) of the Migration Act 1958 (the Act), at any time of the day or night, with such assistance, and using such reasonable force, as you think necessary:
	(a)	to enter and search any building, premises, vehicle, vessel or place in which you have reasonable cause to believe there may be found any valuables to which a notice in force under section 223 of the Act relates; and
	(b)	to seize any such valuables found in the course of such a search;
and for the purposes of the exercise of the foregoing powers, to stop any vehicle.

And for doing so this shall be your sufficient warrant.

This warrant remains in force for the period commencing on                                    19
and ending on                                          19       .
Dated                                       19.
Secretary [or
Delegate]

FORM 2	Subregulation 5.32 (2)

COMMONWEALTH OF AUSTRALIA

Migration Act 1958

SEARCH WARRANT

To (insert name of officer and capacity by virtue of which he or she is an officer within the meaning of the Act).
I, (name) the Secretary (or a delegate of the Secretary) of the Department of Immigration and Ethnic Affairs, authorise you, under subsection 251 (4) of the Migration Act 1958 (the Act), at any time of the day or night, with such assistance as you think necessary, to enter and search any building, premises, vehicle, vessel or place in which you have reasonable cause to believe there may be found:
	(a)	an unlawful non-citizen, a removee or a deportee, within the meaning of the Act;
	(b)	a person to whom a temporary visa under the Act has been issued subject to a condition with respect to the work to be performed by that person;
	(c)	any document, book or paper relating to the entry or proposed entry into Australia of a person in circumstances in which that person:
	(i)	would have become a prohibited immigrant within the meaning of the Act as in force from the time to time before the commencement of the Migration Amendment Act 1983; or
	(ii)	would have become a prohibited non-citizen within the meaning of the Act as in force from time to time after the commencement of the Migration Amendment Act 1983 but before the commencement of section 4 of the Migration Legislation Amendment Act 1989; or
	(iii)	would have become an illegal entrant within the meaning of the Act as in force from time to time after the commencement of section 4 of the Migration Legislation Amendment Act 1989 but before commencement of section 7 of the Migration Reform Act 1992; or
	(iv)	would have become, or would become, an unlawful non-citizen; or
	(d)	any passport or document of identity of, or any ticket for the conveyance from a place within Australia to a place outside Australia of, an unlawful non-citizen, a removee or a deportee, within the meaning of the Act;
and to seize any such document, book, paper, passport, document of identity or ticket, as the case may be, and to impound and detain it for such time as you think necessary, and for the purposes of the exercise of the foregoing powers to stop any vessel or vehicle and to use such reasonable force as is necessary.

And for doing so this shall be your sufficient warrant.

This warrant remains in force for the period commencing on                                             19           and ending on                   19             .

Dated                   19
Secretary [or
Delegate]

FORM 3	Regulation 5.33

COMMONWEALTH OF AUSTRALIA

Migration Act 1958
DOCUMENT ISSUED IN ACCORDANCE WITH ANNEX 9 OF THE ICAO CONVENTION ON INTERNATIONAL CIVIL AVIATION
This document is issued by the Australian Government under subsection 274 (3) of the Migration Act 1958 of the Commonwealth of Australia.

TO: Immigration or appropriate
authority:............................................................
	Airport:................................
Country:..............................................................
Attach
photograph
(if available)
The person to whom this document is issued is claiming the following identity:
Surname:………………………………………………………………………………
Date of Birth:                                    Place of Birth:
Nationality:
	Residence:..........................................................
This person arrived in Australia on..............................
at.................................... Airport on flight number................................
from.....................................................  Airport.
The person named in this document:
*is being removed from Australia/*is being deported from Australia/*was
refused immigration clearance after entering Australia
and the incoming carrier has been instructed to remove *him/*her from
the territory of Australia on flight number.............................departing 
at.................................hours
on...................................................................from
..............................................Airport.
At the time of entry to Australia this person was:
* (1) Not in possession of any *travel/*identification documentation.
* (2) In possession of the *photocopied/*attached documentation.
  A brief description of the offending documentation follows -
  * fraudulent/*falsified/*counterfeit
  * passport/*identity card/*other document
Number:.............................................
   Country in whose name documentation was
issued:..............................................
* (3)							In possession of documentation that has been impounded for return to the appropriate authorities of the issuing country.
* (4) In possession of valid *travel/*identification documentation that since expired and cannot be
renewed.
According to Annex 9 of the ICAO Convention on International Civil Aviation, the last Country in which a passenger previously stayed and most recently travelled from, is invited to accept *him/*her for re-examination when *he/*she has been refused admission to another country.
I,................................................................, a delegate of the Secretary of the Department of Immigration and Ethnic Affairs, issue this document under subsection 274 (3) of the Migration
Act 1958.
Signature and Official Title:
Date:.......................................
Airport:................................................................
Country: Australia
Telephone:....................... Telex:..............................
Facsimile:.................................
  *delete as appropriate
WARNING-THIS DOCUMENT IS NOT AN IDENTIFICATION DOCUMENT

Note
*1* Notified in the Commonwealth of Australia Gazette on 28 July 1994.