Commonwealth Numbered Regulations Commonwealth Numbered Regulations
1 Item 1214A of Schedule 1
Repeal the item, substitute:
1214A Medical Treatment (Visitor) (Class UB)
(1) Form: 48ME.
(2) Visa application charge:
(a) First instalment (payable at the time the application is made):
|
Charge |
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Item |
Column 1 Applicant |
Column 2 Charge |
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1 |
An applicant who: (a) is in Australia at the time of application; and (b) does not apply in the course of acting as a representative for a foreign government |
$245 |
|
2 |
An applicant who is outside Australia at the time of application |
Nil |
|
3 |
An applicant who applies in the course of acting as a representative for a foreign government |
Nil |
(b) Second instalment (payable before grant of visa): nil.
(3) Other:
(a) An application by an applicant who is in Australia must be made by:
(i) posting the application (with the correct pre-paid postage) to the post office box address specified by the Minister in an instrument in writing for this subparagraph; or
(ii) having the application delivered by a courier service to the address specified by the Minister in an instrument in writing for this subparagraph; or
(iii) faxing the application to the fax number specified by the Minister in an instrument in writing for this subparagraph.
(b) An application by an applicant who is outside Australia must be made at a diplomatic, consular or migration office maintained by or on behalf of the Commonwealth outside Australia.
(c) An applicant may be in or outside Australia, but not in immigration clearance.
(d) An application by a person included in the passport of another person may be made at the same time and place as, and combined with, the application by that person.
(4) Subclasses:
Subclass 602 (Medical Treatment)
2 After Part 601 of Schedule 2
Insert:
Subclass 602 -- Medical Treatment
Note: There are no interpretation provisions specific to this Part.
Note: All applicants must satisfy the primary criteria unless the applicant is a member of the family unit of a person who holds:
(a) a Subclass 602 visa on the basis of satisfying subclause 602.212(6) (unfit to depart); or
(b) a Subclass 685 (Medical Treatment (Long Stay)) visa on the basis of satisfying subclause 685.221(4) (unfit to depart).
Those applicants must satisfy the secondary criteria.
All criteria must be satisfied at the time a decision is made on the application.
The applicant seeks to visit Australia, or remain in Australia temporarily, for the purposes of medical treatment or for related purposes.
(1) The requirements in one of subclauses (2) to (8) are met.
Medical treatment
(2) All of the following requirements are met:
(a) the applicant seeks to obtain medical treatment (including consultation), other than treatment for the purposes of surrogate motherhood, in Australia;
(b) arrangements have been concluded to carry out the treatment;
(c) if the treatment is an organ transplant:
(i) the donor of the relevant organ is accompanying the applicant to Australia; or
(ii) all requisite arrangements to effect the donation of the organ have been concluded in Australia;
(d) the applicant is free from 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;
(e) arrangements have been concluded for the payment of all costs related to the treatment and all other expenses of the applicant's stay in Australia, including the expenses of any person accompanying the applicant;
(f) either:
(i) the payment of those costs will not be a charge on the Commonwealth, a State, a Territory or a public authority in Australia; or
(ii) evidence is produced that the relevant government authority has approved the payment of those costs.
Organ donor
(3) All of the following requirements are met:
(a) the applicant seeks to donate an organ for transplant in Australia;
(b) if the organ recipient is also an applicant, the requirements described in subclause (2) are met in relation to the organ recipient;
(c) the applicant satisfies public interest criterion 4005;
(d) arrangements have been concluded for the payment of all costs related to the organ transplant and all other expenses of the applicant's stay in Australia, including the expenses of any person accompanying the applicant;
(e) either:
(i) the payment of those costs will not be a charge on the Commonwealth, a State, a Territory or a public authority in Australia; or
(ii) evidence is produced that the relevant government authority has approved the payment of those costs.
Support person
(4) All of the following requirements are met:
(a) the applicant seeks to give emotional and other support to an applicant in relation to whom:
(i) the requirements described in subclause (2) or (3) are met; or
(ii) the requirements described in subclause 675.212(2) or (3) are met; or
(iii) the requirements described in subclause 685.212(2) or (3) are met;
(b) the person to whom the applicant is to provide support holds:
(i) a Subclass 602 visa on the basis that the requirements described in subclause (2) or (3) have been met; or
(ii) a Subclass 675 (Medical Treatment (Short Stay)) visa on the basis that the requirements described in subclause 675.212(2) or (3) have been met; or
(iii) a Subclass 685 (Medical Treatment (Long Stay)) visa on the basis that the requirements described in subclause 685.212(2) or (3) have been met;
(c) the applicant satisfies public interest criterion 4005.
Western Province of Papua New Guinea
(5) All of the following requirements are met:
(a) the applicant is a citizen of Papua New Guinea;
(b) the applicant resides in the Western Province of Papua New Guinea;
(c) the Department of the government of Queensland that is responsible for health has approved the medical evacuation of the applicant to, or treatment of the applicant in, a hospital in Queensland.
Unfit to depart
(6) All of the following requirements are met:
(a) the applicant is in Australia;
(b) the applicant has turned 50;
(c) the applicant has applied for a permanent visa while in Australia;
(d) the applicant appears to have met all the criteria for the grant of that visa, other than public interest criteria related to health;
(e) the applicant has been refused the visa;
(f) the applicant is medically unfit to depart Australia due to a permanent or deteriorating disease or health condition, as evidenced by a written statement to that effect from a Medical Officer of the Commonwealth.
Financial hardship
(7) All of the following requirements are met:
(a) one of the following applies:
(i) the requirements described in paragraphs (2)(a) to (c) are met in relation to the applicant;
(ii) the requirements described in paragraphs (3)(a) and (b) are met in relation to the applicant;
(iii) the requirements described in paragraphs (4)(a) and (b) are met in relation to the applicant;
(iv) the requirements described in subclause (5) are met in relation to the applicant;
(v) the requirements described in paragraphs (6)(a) to (e) are met in relation to the applicant;
(b) the applicant is in Australia;
(c) the applicant holds:
(i) a Subclass 602 visa; or
(ii) a Subclass 675 (Medical Treatment (Short Stay)) visa; or
(iii) a Subclass 685 (Medical Treatment (Long Stay)) visa;
(d) the applicant is suffering financial hardship as a result of changes in the applicant's circumstances after entering Australia;
(e) the applicant, or a member of the applicant's immediate family, is likely to become a charge on the Commonwealth, a State, a Territory or a public authority in Australia;
(f) the applicant, or a member of the applicant's immediate family, cannot leave Australia for reasons beyond his or her control;
(g) the applicant has compelling personal reasons to work in Australia;
(h) the applicant satisfies public interest criterion 4005.
Compelling personal reasons
(8) All of the following requirements are met:
(a) one of the following applies:
(i) the requirements described in paragraphs (2)(a) to (c) are met in relation to the applicant;
(ii) the requirements described in paragraphs (3)(a) and (b) are met in relation to the applicant;
(iii) the requirements described in paragraphs (4)(a) and (b) are met in relation to the applicant;
(iv) the requirements described in subclause (5) are met in relation to the applicant;
(v) the requirements described in paragraphs (6)(a) to (e) are met in relation to the applicant;
(b) the applicant is in Australia;
(c) the applicant has compelling personal reasons for the grant of the visa;
(d) the applicant satisfies public interest criterion 4005, other than paragraph 4005(1)(c).
(1) Subclause (2) applies if:
(a) the applicant was in Australia at the time of application; and
(b) the applicant held a substantive temporary visa at that time; and
(c) the requirements described in subclause 602.212(6) are not met in relation to the applicant.
(2) The substantive temporary visa held by the applicant was not:
(a) a Subclass 426 (Domestic Worker (Temporary)--Diplomatic or Consular) visa; or
(b) a Subclass 403 (Temporary Work (International Relations)) visa in the Domestic Worker (Diplomatic or Consular) stream.
(3) Subclauses (4) and (5) apply if:
(a) the applicant was in Australia at the time of application; and
(b) the applicant did not hold a substantive temporary visa at that time; and
(c) the requirements described in subclause 602.212(6) are not met in relation to the applicant.
(4) The last substantive temporary visa held by the applicant was not:
(a) a Subclass 426 (Domestic Worker (Temporary)--Diplomatic or Consular) visa; or
(b) a Subclass 403 (Temporary Work (International Relations)) visa in the Domestic Worker (Diplomatic or Consular) stream.
(5) The applicant satisfies Schedule 3 criteria 3001, 3003, 3004 and 3005.
(1) No Australian citizen or Australian permanent resident would be disadvantaged in obtaining medical treatment or consultation if the visa was granted.
(2) However, subclause (1) does not apply if the requirements described in subclause 602.212(6) are met in relation to the applicant.
(1) The applicant genuinely intends to stay temporarily in Australia for the purpose for which the visa is granted, having regard to:
(a) whether the applicant has complied substantially with the conditions to which the last substantive visa, or any subsequent bridging visa, held by the applicant was subject; and
(b) whether the applicant intends to comply with the conditions to which the Subclass 602 visa would be subject; and
(c) any other relevant matter.
(2) However, subclause (1) does not apply if the requirements described in subclause 602.212(6) are met in relation to the applicant.
(1) The applicant has:
(a) adequate means to support himself or herself; or
(b) access to adequate means to support himself or herself;
during the period of the applicant's intended stay in Australia.
(2) However, subclause (1) does not apply if the requirements described in subclause 602.212(6) are met in relation to the applicant.
(1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4013 and 4014.
(2) However, subclause (1) does not apply if the requirements described in subclause 602.212(6), (7) or (8) are met in relation to the applicant.
The applicant satisfies public interest criteria 4020 and 4021.
If the applicant has not turned 18, the applicant also satisfies public interest criteria 4012, 4017 and 4018.
The applicant satisfies special return criteria 5001, 5002 and 5010.
(1) If the application is made in Australia:
(a) the period of stay in Australia to which the application relates is not sought for the purpose of commencing, continuing or completing any studies or training; and
(b) if the grant of the visa would result in the applicant being authorised to stay in Australia for more than 12 consecutive months as the holder of one or more visitor visas, compelling personal reasons or exceptional circumstances exist for the grant of the visa.
(2) However, subclause (1) does not apply if the requirements described in subclause 602.212(6), (7) or (8) are met in relation to the applicant.
Note: These criteria are for certain applicants who are members of the family unit of a person who satisfies the primary criteria. All criteria must be satisfied at the time a decision is made on the application.
The applicant is a member of the family unit of a person who holds:
(a) a Subclass 602 visa on the basis of satisfying the requirements in subclause 602.212(6); or
(b) a Subclass 685 (Medical Treatment (Long Stay)) visa on the basis of satisfying the requirements in subclause 685.221(4).
(1) The applicant satisfies public interest criteria 4020 and 4021.
(2) If the applicant has not turned 18, the applicant also satisfies public interest criteria 4012, 4017 and 4018.
The applicant satisfies special return criterion 5010.
Financial hardship
(1) Subclauses (2) to (6) apply if the applicant holds:
(a) a Subclass 602 visa; or
(b) a Subclass 675 (Medical Treatment (Short Stay)) visa; or
(c) a Subclass 685 (Medical Treatment (Long Stay)) visa.
(2) The applicant is suffering financial hardship as a result of changes in the applicant's circumstances after entering Australia.
(3) The applicant, or a member of the applicant's immediate family, is likely to become a charge on the Commonwealth, a State, a Territory or a public authority in Australia.
(4) For reasons beyond the applicant's control, the applicant, or a member of the applicant's immediate family, cannot leave Australia.
(5) The applicant has compelling personal reasons to work in Australia.
(6) The applicant satisfies public interest criterion 4005.
602.4 -- Circumstances applicable to grant
If the applicant is in Australia at the time of application, the applicant must be in Australia at the time of grant.
If the applicant is outside Australia at the time of application, the applicant must be outside Australia at the time of grant.
602.5 -- When visa is in effect
Temporary visa permitting the holder:
(a) to travel to, and enter, Australia on one or more occasions until a date specified by the Minister; and
(b) to remain in Australia for a period specified by the Minister.
(1) If:
(a) the applicant holds a Subclass 602 visa on the basis of satisfying the primary criteria; and
(b) the requirements described in subclause 602.212(7) have been met in relation to the applicant;
condition 8201 must be imposed.
(2) If:
(a) the applicant holds a Subclass 602 visa on the basis of satisfying the secondary criteria; and
(b) the requirements described in clause 602.314 have been met in relation to the applicant;
condition 8201 must be imposed.
(3) In any other case, conditions 8101 and 8201 must be imposed.
Condition 8503 may be imposed.