Subclass 785 — Temporary Protection

785.1—Interpretation

Note 1: For member of the same family unit, see subsection 5(1) of the Act. Note 2: There are no interpretation provisions specific to this Part.

785.2—Primary criteria

Note: All applicants must satisfy the primary criteria.

785.21—Criteria to be satisfied at time of application

785.211

(1) Subclause (2) or (3) is satisfied.

(2) The applicant:

(a) claims that a criterion mentioned in paragraph 36(2)(a) or (aa) of the Act is satisfied in relation to the applicant; and

(b) makes specific claims as to why that criterion is satisfied. Note: Paragraphs 36(2)(a) and (aa) of the Act set out criteria for the grant of protection visas to non-citizens in respect of whom Australia has protection obligations.

(3) The applicant claims to be a member of the same family unit as a person:

(a) to whom subclause (2) applies; and

(b) who is an applicant for a Subclass 785 (Temporary Protection) visa. Note: See paragraphs 36(2)(b) and (c) of the Act.

785.22—Criteria to be satisfied at time of decision

785.221

(1) Subclause (2) or (3) is satisfied.

(2) The Minister is satisfied that a criterion mentioned in paragraph 36(2)(a) or (aa) of the Act is satisfied in relation to the applicant. Note: Paragraphs 36(2)(a) and (aa) of the Act set out criteria for the grant of protection visas to non-citizens in respect of whom Australia has protection obligations.

(3) The Minister is satisfied that:

(a) the applicant is a member of the same family unit as an applicant mentioned in subclause (2); and

(b) the applicant mentioned in subclause (2) has been granted a Subclass 785 (Temporary Protection) visa. Note: See paragraphs 36(2)(b) and (c) of the Act.

785.222

The applicant has undergone a medical examination carried out by any of the following (a relevant medical practitioner):

(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.

785.223

(1) One of subclauses (2) to (5) is satisfied.

(2) The applicant has undergone a chest x-ray examination conducted by a medical practitioner who is qualified as a radiologist in Australia.

(3) The applicant is under 11 years of age and is not a person in respect of whom a relevant medical practitioner has requested the examination mentioned in subclause (2).

(4) The applicant is a person:

(a) who is confirmed by a relevant medical practitioner to be pregnant; and

(b) who has been examined for tuberculosis by a chest clinic officer employed by a health authority of a State or Territory; and

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

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

(5) The applicant:

(a) is an unauthorised maritime arrival; and

(b) holds or has held a Subclass 785 (Temporary Protection) visa or a Subclass 790 (Safe Haven Enterprise) visa; and

(c) at the time the visa was granted, satisfied any of the following:

(i) subclause (3) of this clause;

(ii) this subclause;

(iii) subclause 790.223(3);

(iv) subclause 790.223(5).

785.224

(1) A relevant medical practitioner has considered:

(a) the results of any tests carried out for the purposes of the medical examination required under clause 785.222; and

(b) the radiological report (if any) required under clause 785.223 in respect of the applicant.

(2) If the relevant medical practitioner:

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

(b) 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;

the relevant medical practitioner has referred any relevant results and reports to a Medical Officer of the Commonwealth.

785.225

If 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, 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.

785.226

The applicant:

(a) satisfies public interest criteria 4001 and 4003A; and

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

785.227

The Minister is satisfied that the grant of the visa is in the national interest.

785.228

(1) If the applicant is a child to whom subregulation 2.08(2) applies, subclause (2) is satisfied.

(2) The Minister is satisfied that:

(a) the applicant is a member of the same family unit as an applicant to whom subclause 785.221(2) applies; and

(b) the applicant to whom subclause 785.221(2) applies has been granted a Subclass 785 (Temporary Protection) visa. Note 1: Subregulation 2.08(2) applies, generally, to a child born to a non-citizen after the non-citizen has applied for a visa but before the application is decided. Note 2: Subclause 785.221(2) applies if the Minister is satisfied that Australia has protection obligations in respect of the applicant as mentioned in paragraph 36(2)(a) or (aa) of the Act.

785.3—Secondary criteria

Note: All applicants must satisfy the primary criteria.

785.4—Circumstances applicable to grant

785.411

The applicant must be in Australia when the visa is granted.

785.5—When visa is in effect

785.511

Temporary visa permitting the holder to remain in, travel to and enter Australia until:

(a) in a case in which the holder of the temporary visa (the first visa) makes a valid application for another Subclass 785 (Temporary Protection) visa, or a Subclass 790 (Safe Haven Enterprise) visa, within 3 years after the grant of the first visa:

(i) if the application is withdrawn—the later of:

(A) the day the application is withdrawn; or

(B) the end of 3 years from the date of the grant of the first visa, or the end of any shorter period specified by the Minister, whichever occurs earlier; and

(ii) if the application is not withdrawn—35 days after the day the application is finally determined; and

(aa) in a case where the holder of the first visa makes a valid application for a Resolution of Status (Class CD) visa on the basis of meeting the requirements of item 4, 5, 6 or 7 of the table in subitem 1127AA(3) of Schedule 1, or is taken to have made a valid application for a Resolution of Status (Class CD) visa under regulation 2.08G:

(i) if the application is withdrawn—the later of:

(A) the day the application is withdrawn; or

(B) the end of 3 years from the date of the grant of the first visa, or the end of any shorter period specified by the Minister, whichever occurs earlier; and

(ii) if the application is not withdrawn—35 days after the day the application is finally determined; and

(b) in any other case—the earlier of:

(i) the end of 3 years from the date of grant of the first visa; and

(ii) the end of any shorter period, specified by the Minister, from the date of grant of the first visa.

785.6—Conditions

785.611

Conditions 8503, 8570 and 8565.