Subclass 204 — Woman at Risk

204.1—Interpretation

Note: member of the family unit and member of the immediate family are defined in regulation 1.03. There are no interpretation provisions specific to this Part.

204.2—Primary criteria

Note: The primary criteria must be satisfied by all applicants except certain applicants who are members of the family unit, or members of the immediate family, of certain applicants who satisfy the primary criteria. Those other applicants need satisfy only the secondary criteria.

204.21—Criteria to be satisfied at time of application

204.211

(1) The applicant:

(a) is a female person who is:

(i) subject to persecution or registered as being of concern to the United Nations High Commissioner for Refugees; and

(ii) living in a country other than her home country; or

(b) is a person who meets the requirements of subclause (2).

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

(a) the applicant’s entry to Australia has been proposed in accordance with approved form 681 by an Australian citizen or an Australian permanent resident (in this subclause called the proposer) who is, or has been, the holder of a Subclass 204 visa; and

(aa) the application is made within 5 years of the grant of that visa; and

(b) on the date of grant of that visa, the applicant was a member of the immediate family of the proposer; and

(c) the applicant continues to be a member of the immediate family of the proposer; and

(d) before the grant of that visa, that relationship was declared to Immigration; and

(e) the proposer is not a person mentioned in subregulation 2.07AM(5).

204.212

(1) The spouse or de facto partner of the applicant is not prohibited by subclause (2) from proposing the applicant’s entry to Australia.

(2) For subclause (1), the spouse or de facto partner is prohibited from proposing the applicant’s entry to Australia if:

(a) the spouse or de facto partner is a woman who was granted a Subclass 204 visa within the 5 years immediately preceding the application; and

(b) on the date of grant of that visa:

(i) the applicant was a former spouse or former de facto partner of that woman, having been divorced or permanently separated from that woman; or

(ii) the applicant was the spouse or de facto partner of that woman and that relationship had not been declared to Immigration.

204.22—Criteria to be satisfied at time of decision

204.221

The applicant continues to satisfy the criteria in clause 204.211.

204.222

If the applicant meets the requirements of paragraph 204.211(1)(a), the Minister is satisfied that 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.

204.222A

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.

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 the applicant a permanent visa, having regard to:

(a) in the case of an applicant who met the requirements of subclause 204.211(2) at the time of application—the extent of the applicant’s connection with Australia; or

(b) in any other case—the following:

(i) the degree of persecution to which the applicant is subject in the applicant’s home country; and

(ii) the extent of the applicant’s connection with Australia; and

(iii) 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

(iv) 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 the Minister by legislative instrument, 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 the Minister by legislative instrument, that may be granted in that financial year.

204.226

The applicant:

(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009 and 4010; and

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

204.227

If the applicant has previously been in Australia, the applicant satisfies special return criterion 5001.

204.228

If a person (in this clause called the additional applicant):

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

(b) has not turned 18; and

(c) made a combined application with the applicant—

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

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, 4002, 4003, 4004, 4007, 4009 and 4010; and

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

(b) if the person has previously been in Australia, satisfies special return criterion 5001.

(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, 4002, 4003 and 4004; and

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

204.3—Secondary criteria

Note: These criteria must be satisfied by applicants who are members of the family unit, or members of the immediate family, of certain persons who satisfy the primary criteria.

204.31—Criteria to be satisfied at time of application

204.311

The applicant:

(a) is a member of the family unit of, and made a combined application with, a person who meets, or has met, the requirements of paragraph 204.211(1)(a); or

(b) is a member of the immediate family of, and made a combined application with, a person who meets, or has met, the requirements of paragraph 204.211(1)(b).

204.32—Criteria to be satisfied at time of decision

204.321

The applicant:

(a) continues to be a member of the family unit of a person who, having satisfied the primary criteria and, in particular, having met the requirements of paragraph 204.211(1)(a), is the holder of a Subclass 204 visa; or

(b) continues to be a member of the immediate family of a person who, having satisfied the primary criteria (and, in particular, having met the requirements of paragraph 204.211(1)(b)), is the holder of a Subclass 204 visa.

204.322

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

204.323

The applicant:

(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009 and 4010; and

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

(b) if the applicant has previously been in Australia—satisfies special return criterion 5001.

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 5 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.