Subclass 192 — Pacific Engagement

192.1—Interpretation

192.111

In this Part: adverse employer information: see clause 192.112. Note: For member of the family unit: see regulation 1.03.

relevant medical practitioner means any of the following:

(a) a Medical Officer of the Commonwealth;

(b) a medical practitioner approved by the Minister for the purposes of this paragraph;

(c) a medical practitioner employed by an organisation approved by the Minister for the purposes of this paragraph.

Note: For Medical Officer of the Commonwealth, see regulation 1.03.

192.112

(1) In this Part, adverse employer information about a person or organisation (the employer) is any adverse information relevant to the suitability of the employer to employ a person:

(a) who is an applicant for a Subclass 192 (Pacific Engagement) visa; or

(b) who is a spouse or de facto partner of, and has made a combined application with, a person who is an applicant for a Subclass 192 (Pacific Engagement) visa.

(2) Without limiting subclause (1), adverse employer information about an employer includes information that the employer:

(a) has contravened a law of the Commonwealth, a State or a Territory; or

(b) is under investigation, subject to disciplinary action or subject to legal proceedings in relation to a contravention of such a law; or

(c) has been the subject of administrative action (including being issued with a warning) for a possible contravention of such a law by a Department or regulatory authority that administers or enforces the law; or

(d) has become insolvent (within the meaning of section 95A of the Corporations Act 2001); or

(e) has given, or caused to be given, to the Minister, an officer, the ART or a relevant assessing authority a bogus document, or information that is false or misleading in a material particular.

(3) Nothing in this clause affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions that, in certain circumstances, relieve persons from

the requirement to disclose spent convictions and require persons aware of such convictions to disregard them).

(4) In this clause: information that is false or misleading in a material particular means information that is:

(a) false or misleading at the time it is given; and

(b) relevant to any of the matters the Minister may consider when making a decision under the Act or these Regulations, whether or not the decision is made because of that information.

Note: For the definition of bogus document, see subsection 5(1) of the Act.

(5) The definition of adverse information in regulation 1.03 does not apply for the purposes of this clause.

192.2—Primary criteria

Note: The primary criteria for the grant of a Subclass 192 visa include criteria set out in streams. If an applicant applies for a Subclass 192 visa in the Pacific Engagement stream, the criteria in Subdivisions 192.21 and 192.22 are the primary criteria for the grant of the visa. If an applicant applies for a Subclass 192 visa in the Treaty stream, the criteria in Subdivisions 192.21 and 192.23 are the primary criteria for the grant of the visa. 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. All criteria must be satisfied at the time a decision is made on the application.

192.21—Common criteria

Note: These criteria are for all applicants seeking to satisfy the primary criteria for a Subclass 192 visa.

192.211

The applicant has complied substantially with the conditions (the previous visa conditions) that apply or applied to the last of any substantive visas held by the applicant, and to any subsequent bridging visa, unless:

(a) if condition 8303 was a previous visa condition—the applicant has complied substantially with that condition; and

(b) the Minister is satisfied that the applicant was unable to comply substantially with the previous visa conditions (other than condition 8303) because of compassionate and compelling circumstances.

192.212

(1) The applicant (the primary applicant) satisfies public interest criteria 4001, 4002, 4003, 4003B, 4004, 4010, 4019, 4020 and 4021.

(2) Each person who is covered by subclause (3), (4) or (5) satisfies public interest criteria 4001, 4002, 4003, 4003B, 4004, 4010, 4020 and 4021.

(3) This subclause covers a person who is a member of the family unit of the primary applicant who is also an applicant for a Subclass 192 visa.

(4) This subclause covers a person (the relevant person) if:

(a) the relevant person was, at the time of the primary applicant’s application, a member of the family unit of the primary applicant; and

(b) the relevant person is an applicant for a Subclass 192 visa; and

(c) the Minister is satisfied that one or more of the following has experienced family violence committed by the primary applicant:

(i) the relevant person;

(ii) a member of the family unit of the relevant person who has made a combined application with the relevant person or with the primary applicant;

(iii) a dependent child of the relevant person or of the primary applicant.

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

(5) This subclause covers a person if:

(a) the person was, at the time of the primary applicant’s application, a member of the family unit of the primary applicant but is no longer a member of the family unit of the primary applicant; and

(b) the person is an applicant for a Subclass 192 visa; and

(c) the person is a member of the family unit of a person covered by subclause (4).

(6) Each person:

(a) who either:

(i) is a member of the family unit of the primary applicant and also an applicant for a Subclass 192 visa; or

(ii) is covered by subclause (4) or (5); and

(b) who had turned 18 at the time of the primary applicant’s application;

satisfies public interest criterion 4019.

(7) If a person:

(a) either:

(i) is a member of the family unit of the primary applicant and also an applicant for a Subclass 192 visa; or

(ii) is covered by subclause (4) or (5); and

(b) has not turned 18;

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

192.213

Each person who is covered by subclause 192.212(3), (4) or (5) has complied substantially with the conditions (the previous visa conditions) that apply or

applied to the last of any substantive visas held by the person, and to any subsequent bridging visa, unless:

(a) if condition 8303 was a previous visa condition—the person has complied substantially with that condition; and

(b) the Minister is satisfied that the person was unable to comply substantially with the previous visa conditions (other than condition 8303) because of compassionate and compelling circumstances.

192.214

(1) Each person:

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

(b) who is not an applicant for a Subclass 192 visa;

satisfies public interest criteria 4001, 4002, 4003, 4003B and 4004.

(2) Each person:

(a) who was, at the time of application, a member of the family unit of the applicant but is no longer a member of the family unit of the applicant; and

(b) who is a member of the family unit of a person covered by subclause 192.212(4) or (5); and

(c) who is not an applicant for a Subclass 192 visa;

satisfies public interest criteria 4001, 4002, 4003, 4003B and 4004.

192.215

(1) The applicant satisfies special return criteria 5001, 5002 and 5010.

(2) Each person covered by subclause 192.212(3), (4) or (5) satisfies special return criteria 5001, 5002 and 5010.

192.22—Criteria for Pacific Engagement stream

Note: These criteria are only for applicants seeking to satisfy the primary criteria for a Subclass 192 visa in the Pacific Engagement stream.

192.221

(1) Either:

(a) the applicant; or

(b) if the applicant’s spouse or de facto partner has made a combined application for a visa with the applicant—the applicant’s spouse or de facto partner;

has a written offer of ongoing employment by a person (the employer) or an associated entity of the employer for a position that is genuine and is in Australia.

(2) The employment conditions for the position that will apply to the applicant or the applicant’s spouse or de facto partner are not less favourable than those that

apply, or would apply, to an Australian citizen performing equivalent work at the same location.

(3) Either:

(a) there is no adverse employer information known to Immigration about the employer, or a person associated with the employer; or

(b) it is reasonable to disregard any adverse employer information known to Immigration about the employer, or a person associated with the employer. Note: For the definition of adverse employer information, see clause 192.112.

192.222

The applicant has adequate means, or access to adequate means, to support:

(a) the applicant; and

(b) each member of the family unit of the applicant who has made a combined application with the applicant;

during the period of the first 12 months in Australia as the holder of the visa.

192.223

If required by the Minister:

(a) the applicant; or

(b) if the applicant’s spouse or de facto partner has made a combined application for a visa with the applicant—the applicant’s spouse or de facto partner;

satisfies any English language test requirements specified by the Minister in a legislative instrument made for the purposes of this clause.

192.224

(1) The applicant satisfies public interest criterion 4007.

(2) Each person covered by subclause 192.212(3), (4) or (5) satisfies public interest criterion 4007.

(3) Each member of the family unit of the applicant who is not an applicant for a Subclass 192 visa satisfies public interest criterion 4007, unless it would be unreasonable to require the member to undergo assessment in relation to the criterion.

(4) Each person:

(a) who was, at the time of application, a member of the family unit of the applicant but is no longer a member of the family unit of the applicant; and

(b) who is a member of the family unit of a person covered by subclause 192.212(4) or (5); and

(c) who is not an applicant for a Subclass 192 visa;

satisfies public interest criterion 4007, unless it would be unreasonable to require the person to undergo assessment in relation to the criterion.

192.23—Criteria for Treaty stream

Note: These criteria are only for applicants seeking to satisfy the primary criteria for a Subclass 192 visa in the Treaty stream.

192.231

The applicant has undergone a medical examination carried out by a relevant medical practitioner, unless a Medical Officer of the Commonwealth decides otherwise.

192.232

The applicant has undergone a chest x-ray examination conducted by a relevant medical practitioner, unless:

(a) a Medical Officer of the Commonwealth decides otherwise; or

(b) the applicant is under 11 years of age and is not a person in respect of whom a relevant medical practitioner has requested such an examination; or

(c) all of the following apply in relation to the applicant:

(i) the applicant is in Australia;

(ii) the applicant is confirmed by a relevant medical practitioner to be pregnant;

(iii) the applicant has signed an undertaking to place themselves under the professional supervision of a health authority in a State or Territory and to undergo any necessary treatment;

(iv) the Minister is satisfied that the applicant should not be required to undergo a chest x-ray examination at this time.

192.233

A relevant medical practitioner:

(a) has considered:

(i) the results of any tests carried out for the purposes of the medical examination required under clause 192.231 in respect of the applicant; and

(ii) the radiological report from any x-ray required under clause 192.232 in respect of the applicant; and

(b) if:

(i) the practitioner is not a Medical Officer of the Commonwealth; and

(ii) the practitioner considers that the applicant has a disease or condition that is, or may result in the applicant being, a threat to public health in Australia or a danger to the Australian community;

has referred any relevant results and reports in respect of the applicant to a Medical Officer of the Commonwealth.

192.234

If:

(a) a Medical Officer of the Commonwealth considers that the applicant has a disease or condition that is, or may result in the applicant being, a threat to public health in Australia or a danger to the Australian community; and

(b) the disease or condition is not tuberculosis;

arrangements have been made, on the advice of the Medical Officer of the Commonwealth, to place the applicant under the professional supervision of a health authority in a State or Territory to undergo any necessary treatment.

192.235

(1) If the applicant is outside Australia at the time of application, the applicant is free from tuberculosis.

(2) If:

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

(b) a Medical Officer of the Commonwealth considers that the applicant is not free from tuberculosis;

arrangements have been made, on the advice of the Medical officer of the Commonwealth, to place the applicant under the professional supervision of a health authority in a State or Territory to undergo any necessary treatment.

192.236

Each person covered by subclause 192.212(3), (4) or (5) satisfies the criteria in clauses 192.231 to 192.235.

192.3—Secondary criteria

Note: These criteria are for applicants seeking to satisfy the secondary criteria. All criteria must be satisfied at the time a decision is made on the application.

192.31—Criteria

192.311

(1) The applicant meets the requirements of subclause (2), (3), (4) or (5).

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

(a) is the member of the family unit of a person (the primary applicant) who holds a Subclass 192 visa granted on the basis of satisfying the primary criteria for the grant of the visa; and

(b) made a combined application with the primary applicant.

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

(a) at the time of the application, the applicant was the spouse or de facto partner of a person (the primary applicant) seeking to satisfy

the primary criteria for the grant of a Subclass 192 visa, and the primary applicant has since been granted that visa; and

(b) the relationship between the primary applicant and the applicant has ceased; and

(c) one or more of the following has experienced family violence committed by the primary applicant:

(i) the applicant;

(ii) a member of the family unit of the applicant who has made a combined application with the applicant or with the primary applicant;

(iii) a dependent child of the applicant or of the primary applicant; and

(d) the applicant:

(i) was in Australia at the time the applicant’s visa application was made; or

(ii) entered Australia after the applicant’s visa application was made.

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

(a) at the time of the application, the applicant was the spouse or de facto partner of a person (the primary applicant) seeking to satisfy the primary criteria for the grant of a Subclass 192 visa; and

(b) the relationship between the primary applicant and the applicant has ceased; and

(c) one or more of the following has experienced family violence committed by the primary applicant:

(i) the applicant;

(ii) a member of the family unit of the applicant who has made a combined application with the applicant or with the primary applicant;

(iii) a dependent child of the applicant or of the primary applicant; and

(d) the applicant:

(i) was in Australia at the time the applicant’s visa application was made; or

(ii) entered Australia after the applicant’s visa application was made; and

(e) the Minister has decided to refuse to grant the primary applicant the visa for reasons including that the primary applicant had engaged in conduct involving family violence (whether or not the family violence was against a person mentioned in paragraph (c)).

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

(a) the applicant is a member of the family unit of a person (the secondary applicant) who meets the requirements of subclause (3) or (4); and

(b) the applicant has made a combined application with the secondary applicant or the primary applicant mentioned in subclause (3) or (4) (whichever applies to the secondary applicant); and

(c) a Subclass 192 visa has since been granted to the secondary applicant. Note: For special provisions relating to family violence, see Division 1.5.

192.312

The applicant has complied substantially with the conditions (the previous visa conditions) that apply or applied to the last of any substantive visas held by the applicant, and to any subsequent bridging visa, unless:

(a) if condition 8303 was a previous visa condition—the applicant has complied substantially with that condition; and

(b) the Minister is satisfied that the applicant was unable to comply substantially with the previous visa conditions (other than condition 8303) because of compassionate and compelling circumstances.

192.313

(1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4003B, 4004, 4010, 4020 and 4021.

(2) If the applicant had turned 18 at the time of application, the applicant satisfies public interest criterion 4019.

(3) If the applicant had not turned 18 at the time of the application, the applicant satisfies public interest criteria 4017 and 4018.

(4) If the applicant:

(a) meets the requirements of subclause 192.311(2), (3) or (4) in relation to:

(i) a primary applicant who holds a Subclass 192 visa in the Pacific Engagement stream granted on the basis of satisfying the primary criteria for the grant of the visa; or

(ii) a primary applicant who, at the time of application, was seeking to satisfy the primary criteria for the grant of a Subclass 192 visa in the Pacific Engagement stream; or

(b) meets the requirements of subclause 192.311(5) in relation to a secondary applicant who meets the requirements of subclause 192.311(3) or (4) in relation to:

(i) a primary applicant who holds a Subclass 192 visa in the Pacific Engagement stream granted on the basis of satisfying the primary criteria for the grant of the visa; or

(ii) a primary applicant who, at the time of application, was seeking to satisfy the primary criteria for the grant of a Subclass 192 visa in the Pacific Engagement stream;

the applicant satisfies public interest criterion 4007.

(5) If the applicant:

(a) meets the requirement of subclause 192.311(2), (3) or (4) in relation to:

(i) a primary applicant who holds a Subclass 192 visa in the Treaty stream granted on the basis of satisfying the primary criteria for the grant of the visa; or

(ii) a primary applicant who, at the time of application, was seeking to satisfy the primary criteria for the grant of a Subclass 192 visa in the Treaty stream; or

(b) meets the requirement of subclause 192.311(5) in relation to a secondary applicant who meets the requirements of subclause 192.311(3) or (4) in relation to:

(i) a primary applicant who holds a Subclass 192 visa in the Treaty stream granted on the basis of satisfying the primary criteria for the grant of the visa; or

(ii) a primary applicant who, at the time of application, was seeking to satisfy the primary criteria for the grant of a Subclass 192 visa in the Treaty stream;

the applicant satisfies the criteria in clauses 192.231 to 192.235.

192.314

The applicant satisfies special return criteria 5001, 5002 and 5010.

192.315

(1) This clause applies if the applicant (the secondary applicant) meets the requirements of subclause 192.311(3) or (4).

(2) Each member of the family unit of the secondary applicant who is an applicant for a Subclass 192 visa satisfies:

(a) public interest criteria 4001, 4002, 4003, 4003B, 4004, 4010, 4020 and 4021; and

(b) special return criteria 5001, 5002 and 5010.

(3) Each member of the family unit of the secondary applicant who is an applicant for a Subclass 192 visa and who has turned 18 at the time of application satisfies public interest criterion 4019.

(4) Public interest criteria 4015 and 4016 are satisfied in relation to each member of the family unit of the secondary applicant who is an applicant for a Subclass 192 visa and who has not turned 18 at the time of decision.

(5) Each member of the family unit of the secondary applicant who is not an applicant for a Subclass 192 visa satisfies public interest criteria 4001, 4002, 4003, 4003B and 4004.

(6) If the secondary applicant meets the requirements of subclause 192.311(3) or (4) in relation to:

(a) a primary applicant who holds a Subclass 192 visa in the Pacific Engagement stream granted on the basis of satisfying the primary criteria for the grant of the visa; or

(b) a primary applicant who, at the time of application, was seeking to satisfy the primary criteria for the grant of a Subclass 192 visa in the Pacific Engagement stream;

each member of the family unit of the secondary applicant who is an applicant for a Subclass 192 visa satisfies public interest criterion 4007.

(7) If the secondary applicant meets the requirements of subclause 192.311(3) or (4) in relation to:

(a) a primary applicant who holds a Subclass 192 visa in the Pacific Engagement stream granted on the basis of satisfying the primary criteria for the grant of the visa; or

(b) a primary applicant who, at the time of application, was seeking to satisfy the primary criteria for the grant of a Subclass 192 visa in the Pacific Engagement stream;

each member of the family unit of the secondary applicant who is not an applicant for a Subclass 192 visa satisfies public interest criterion 4007, unless it would be unreasonable to require the member to undergo assessment in relation to the criterion.

(8) If the secondary applicant meets the requirements of subclause 192.311(3) or (4) in relation to:

(a) a primary applicant who holds a Subclass 192 visa in the Treaty stream granted on the basis of satisfying the primary criteria for the grant of the visa; or

(b) a primary applicant who, at the time of application, was seeking to satisfy the primary criteria for the grant of a Subclass 192 visa in the Treaty stream;

each member of the family unit of the secondary applicant who is an applicant for a Subclass 192 visa satisfies the criteria in clauses 192.231 to 192.235.

192.4—Circumstances applicable to grant

192.411

The applicant may be in or outside Australia when the visa is granted, but not in immigration clearance.

192.5—When visa is in effect

192.511

(1) In the case of a visa granted to a person on the basis of the person satisfying:

(a) the criteria in Subdivisions 192.21 and 192.23; or

(b) the criteria in Division 192.3, if the visa was granted because the person met the requirements of clause 192.311 in relation to:

(i) a primary applicant who holds, or was seeking to satisfy the primary criteria for the grant of, a Subclass 192 visa in the Treaty stream; or

(ii) a secondary applicant who meets the requirements of subclause 192.311(3) or (4) in relation to a primary applicant who holds, or was seeking to satisfy the primary criteria for the grant of, a Subclass 192 visa in the Treaty stream;

permanent visa permitting the holder to travel to and enter Australia indefinitely from the date of grant.

(2) In any other case—permanent visa permitted the holder to travel to an enter Australia for 5 years from the date of grant.

192.6—Conditions

192.611

If the applicant is outside Australia when the visa is granted, first entry must be made before the date specified by the Minister.