Subclass 786 — Temporary (Humanitarian Concern)

786.1—Interpretation

Note: No interpretation provisions specific to this Part.

786.2—Primary criteria

Note: All applicants must satisfy the primary criteria.

786.21—Criteria to be satisfied at time of application

786.211

The applicant is the holder of a Temporary Safe Haven (Class UJ) visa.

786.22—Criteria to be satisfied at time of decision

786.221

The Minister is satisfied that, for reasons of humanitarian concern, the applicant should be permitted to remain in Australia for a further period.

786.222

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.

786.223

(1) Subject to subclause (2), the applicant has undergone a chest x-ray examination conducted by a medical practitioner who is qualified as a radiologist in Australia.

(2) Subclause (1) does not apply to an applicant if the applicant:

(a) is under 11 years of age and is not a person in respect of whom a Commonwealth Medical Officer has requested such an examination; or

(b) is a person:

(i) who is confirmed by a Commonwealth Medical Officer to be pregnant; and

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

(iii) 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

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

786.224

The applicant satisfies public interest criterion 4001 or, if the applicant is unable to satisfy that criterion because the appropriate inquiries have not been completed, the applicant declares in writing, to the satisfaction of the Minister, that the applicant:

(a) does not have a criminal record; and

(b) is not a terrorist; and

(c) has not engaged in crimes against humanity or war crimes; and

(d) will assist Immigration by attempting to obtain any relevant records relating to the applicant.

786.225

The applicant satisfies public interest criteria 4002 and 4003A.

786.3—Secondary criteria

Note: All applicants must satisfy the primary criteria.

786.4—Circumstances applicable to grant

786.411

The applicant must be in Australia.

786.5—When visa is in effect

786.511

Temporary visa permitting the holder to remain in, but not re-enter, Australia until the earlier of:

(a) the end of 36 months from the date of grant of the visa; and

(b) the end of any shorter period determined in writing by the Minister from the date of grant of the visa.

786.6—Conditions

786.611

The holder must notify Immigration of any change in the holder’s address at least 2 working days before the change.

786.612

The holder must not become involved in any disruptive activity, or violence, that may be a threat to the welfare of the Australian community or a group in the Australian community.