Subclass 852 — Referred Stay (Permanent)

852.1—Interpretation

Note 1: Regulation 1.03 provides that member of the immediate family has the meaning set out in regulation 1.12AA. Note 2: There are no interpretation provisions specific to this Part.

852.2—Primary criteria

Note: The primary criteria must be satisfied by at least one member of an immediate family. The other members of the immediate family who are applicants for a visa of this subclass need satisfy only the secondary criteria.

852.21—Criteria to be satisfied at time of application

852.211

The applicant is taken to have made a valid application for a Referred Stay (Permanent) (Class DH) visa under subregulation 2.07AK(2) in accordance with subregulation 2.07AK(3).

852.22—Criteria to be satisfied at time of decision

852.222

The applicant:

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

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

852.223

The requirements of paragraphs 2.07AK(3)(d), (e) and (f) continue to be met in relation to the applicant.

852.224

Each member of the immediate family of the applicant who is an applicant for a Subclass 852 (Referred Stay (Permanent)) visa is a person who:

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

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

852.3—Secondary criteria

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

852.31—Criteria to be satisfied at time of application

852.311

The applicant is a member of the immediate family of a person who is taken, under subregulation 2.07AK(2), to have made a valid application for a Referred Stay (Permanent) (Class DH) visa in accordance with subregulation 2.07AK(3). Note: See regulation 2.07AK for how an application for a Referred Stay (Permanent) (Class DH) visa is taken to have been validly made.

852.312

The Minister has not decided to grant or refuse to grant a Subclass 852 (Referred Stay (Permanent)) visa to the person mentioned in clause 852.311.

852.32—Criteria to be satisfied at time of decision

852.321

The applicant:

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

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

852.322

The applicant continues to be a member of the immediate family of the person mentioned in clause 852.311.

852.323

The person mentioned in clause 852.311 has been granted a Subclass 852 (Referred Stay (Permanent)) visa.

852.324

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

852.4—Circumstances applicable to grant

852.411

The applicant may be in or outside Australia when the visa is granted.

852.5—When visa is in effect

852.511

Permanent visa permitting the holder to travel to and enter Australia for a period of 5 years from the date of grant.

852.6—Conditions

852.611

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