Subclass 449 — Humanitarian Stay (Temporary)

449.1—Interpretation

Note: No interpretation provisions specific to this Part.

449.2—Primary criteria

Note: The primary criteria must be satisfied by at least 1 member of a family unit. Other members of the family unit, or members of the immediate family of a person, who are applicants for a visa of this subclass need satisfy only the secondary criteria.

449.21—[No criteria to be satisfied at time of application]

449.22—Criteria to be satisfied at time of decision

449.221

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

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

(a) the applicant has been displaced from his or her place of residence, and:

(i) cannot reasonably return to that place of residence; and

(ii) is in grave fear of his or her personal safety because of the circumstances in which, or reasons why, he or she was displaced from that place of residence; or

(b) the applicant has not been displaced from his or her place of residence, but:

(i) there is a strong likelihood that the applicant will be displaced from that place of residence; and

(ii) the applicant is in grave fear of his or her personal safety because of the circumstances in which, or reasons why, the applicant may be displaced from that place of residence.

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

(a) is a member of the immediate family of a holder of a Subclass 449 visa (the visa holder); and

(b) was a member of the visa holder’s immediate family when the visa holder was first granted a Subclass 449 visa.

449.223

Grant of the visa would not result in either:

(a) the number of Subclass 449 visas granted in a financial year exceeding the maximum number of Subclass 449 visas, as determined by the Minister by legislative instrument, that may be granted in that financial year; or

(b) the number of visas of particular classes, including Subclass 449, granted in a financial year exceeding the maximum number of visas of those

classes, as determined by the Minister by legislative instrument, that may be granted in that financial year.

449.224

(1) The applicant satisfies public interest criteria 4002 and 4003A.

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

449.3—Secondary criteria

Note: These criteria must be satisfied by applicants who are members of the family unit, or members of the immediate family, of a person who satisfies the primary criteria.

449.31—[No criteria to be satisfied at time of application]

449.32—Criteria to be satisfied at time of decision

449.321

The applicant:

(a) is a member of the family unit of a person who, having met the requirements of subclause 449.221(2), is the holder of a Subclass 449 visa; or

(b) is a member of the immediate family of a person who, having met the requirements of subclause 449.221(3), is the holder of a Subclass 449 visa.

449.322

(1) The applicant satisfies public interest criteria 4002 and 4003A.

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

449.323

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

449.4—Circumstances applicable to grant

449.411

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

449.412

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

449.5—When visa is in effect

449.511

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

449.6—Conditions

449.611

Condition 8506.

449.612

Condition 8101 or 8104 may be imposed.

449.612A

Condition 8303 may be imposed.

449.613

If the Minister is satisfied that it would be unreasonable to require an applicant to undergo assessment in relation to criterion 4007, condition 8529. Note: See subclauses 449.224(2) and 449.322(2).