Subclass 866 — Protection

866.1—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.

866.2—Primary criteria

Note: All applicants must satisfy the primary criteria.

866.21—Criteria to be satisfied at time of application

866.211

(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 866 (Protection) visa. Note: See paragraphs 36(2)(b) and (c) of the Act.

866.22—Criteria to be satisfied at time of decision

866.221

(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 866 (Protection) visa. Note: See paragraphs 36(2)(b) and (c) of the Act.

866.223

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.

866.224

The applicant:

(a) has undergone a chest x-ray examination conducted by a medical practitioner who is qualified as a radiologist in Australia; or

(b) is under 11 years of age and is not a person in respect of whom a relevant medical practitioner has requested such an examination; or

(c) is a person:

(i) who is confirmed by a relevant medical practitioner 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.

866.224A

A relevant medical practitioner:

(a) has considered:

(i) the results of any tests carried out for the purposes of the medical examination required under clause 866.223; and

(ii) the radiological report (if any) required under clause 866.224 in respect of the applicant; and

(b) if he or she is not a Medical Officer of the Commonwealth and 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, has referred any relevant results and reports to a Medical Officer of the Commonwealth.

866.224B

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.

866.225

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.

866.226

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

866.227

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

(2) The applicant meets the requirements of this subclause if the applicant, or a member of the family unit of the applicant, is not a person who has been offered a temporary stay in Australia by the Australian Government for the purpose of an application for a Temporary Safe Haven (Class UJ) visa as provided for in regulation 2.07AC.

(3) The applicant meets the requirements of this subclause if section 91K of the Act does not apply to the applicant’s application because of a determination made by the Minister under subsection 91L(1) of the Act.

866.230

(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 866.221(2) applies; and

(b) the applicant to whom subclause 866.221(2) applies has been granted a Subclass 866 (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 866.221(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.

866.231

The applicant has not been made an offer of a permanent stay in Australia as described in item 3 or 4 of the table in subregulation 2.07AQ(3).

866.232

The applicant does not hold a Resolution of Status (Class CD) visa.

866.3—Secondary criteria

Note: All applicants must satisfy the primary criteria.

866.4—Circumstances applicable to grant

866.411

The applicant must be in Australia.

866.5—When visa is in effect

866.511

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

866.6—Conditions

866.611

Condition 8559.