Subclass 200  – Refugee (Main Applicant Criteria Only)

TIME OF APPLICATION

The applicant:

is subject to persecution in the applicant’s home country and is living in a country other than the applicant’s home country;

or

Minister has certified that the applicant is: in a class of person; and at risk of harm

or

The applicant …has been proposed in by an Australian citizen …is / was holder of a Subclass 200 visa; and

on that grant, the applicant was (and continues to be)  a member of the immediate family of the proposer; and

made within 5 years of the grant of that visa;

and

before that grant, relationship declared; and

the proposer is not a 2.07AM(5) (Unlawful Maritime Arrival).

 

TIME OF DECISION

The applicant continues to satisfy above

The Minister satisfied compelling reasons for  special consideration to granting permanent visa, having regard to:

proposed applicant— the extent of the applicant’s connection with Australia; or

non proposed —the degree of persecution; and the extent of the applicant’s connection with Australia; and any suitable country available, other than Australia; and the capacity of the Australian community.

permanent settlement would be consistent with priorities in Australia.

 

Minister satisfied permanent settlement is appropriate for applicant; and not contrary to the interests of Australia.

Visa would not result in either:

the number of Subclass 200 visas granted in a financial year exceeding the maximum number by legislative instrument; or

the number of visas of classes exceeding the maximum number of visas of those classes, in that financial year.

satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009 and 4010; and

if the applicant 18 at application — satisfies public interest criterion 4019.

If previously been in Australia, satisfies special return criterion 5001.

 

If a person (the additional applicant) is a member of the family unit of the applicant; and

not 18; and made combined application:

public interest criteria 4015 and 4016

Each member of the family unit  of the applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009 and 4010; and

(aa)  if 18 at the time of application, satisfies public interest criterion 4019; and

(b)  if the person has previously been in Australia, satisfies special return criterion 5001.

Each member of the family unit not an applicant

satisfies public interest criteria 4001, 4002, 4003 and 4004; and

satisfies public interest criterion 4007, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment.