EXPLANATORY STATEMENT

 

Select Legislative Instrument 2006 No. 238

 

Issued by the Minister for Immigration

and Multicultural Affairs

 

 

Subject - Migration Act 1958

 

Migration Amendment Regulations 2006 (No. 5)

 

Subsection 504(1) of the Migration Act 1958 (the Act) provides, in part, that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters which by the Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.

In addition, regulations may be made pursuant to the provisions listed in Attachment A.

The purpose of the Regulations is to amend provisions of the Migration Regulations 1994 (the Principal Regulations) relating to sponsorship of family visitors, certification of documents, disclosure of personal information relating to persons on board departing aircraft, applications for certain permanent visas by family members of New Zealand citizens, and waiver of some health criteria in respect of certain applicants for skilled visas.

In particular, the Regulations:

 

·        provide for the Minister to exercise the discretion to lift at any time the 5 year bar on approval of a further sponsorship by a former Sponsored Family Visitor (Subclass 679) sponsor where a previously sponsored visa holder overstayed due to circumstances beyond the visa holder’s control;

·        provide for a registered migration agent, not currently subject to a suspension or caution, to certify documents which accompany written communications to the Minister regarding a visa application;

·        allow the Minister to authorise certain information about persons on aircraft departing from Australia to destinations outside Australia to be provided to and used by international air carriers for the purpose of facilitating movements of persons on international flights and international air traffic;

·        enable holders of a Subclass 461 (New Zealand Citizen Family Relationship (Temporary)) visa, who are members of the family of a New Zealand citizen but not themselves New Zealand citizens, to satisfy criteria for the grant of a Subclass 856 (Employer Nomination Scheme) visa on the same basis as New Zealand citizens; and

·        provide for holders of certain temporary skilled visas who are sponsored by a State or Territory, and members of their family units, to be eligible for the grant of a permanent skilled visa on the basis of satisfying relaxed health criteria.

 

Details of the Regulations are set out in Attachment B.

 

Transitional provisions clarify which provisions apply to applicants who have applications not finally determined at the time the Regulations commence.

 

The Act specifies no conditions that need to be satisfied before the power to make the Regulations may be exercised.

 

The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 

The Regulations commence on 1 October 2006.

 

The Office of Regulation Review in the Productivity Commission has been consulted and advises that the Regulations are not likely to have a direct effect, or substantial indirect effect, on business and are not likely to restrict competition.

 

The following external agencies and other bodies were consulted in relation to the Regulations:

·        the Attorney-General’s Department (Schedules 1 and 3);

·        the Migration Agents Registration Authority and the Migration Institute of Australia (Schedule 2);

·        Privacy Commissioner (Schedule 3); and

·        the Department of Health and Ageing, the Department of Family and Community Services, the Department of Employment and Workplace Relations, the Victorian Office of Multicultural Affairs, the South Australian Department of Premier and Cabinet, the Department of Business, Industry and Resource Development Northern Territory, the Australian Capital Territory Health Department, Community Relations Commission for a Multicultural New South Wales, Multicultural Affairs Queensland, the Tasmanian Department of Premier and Cabinet, Office of Multicultural Interest Western Australia, the Department of Economic Development Australian Capital Territory, Department of Trade and Economic Development South Australia, the Department of Health Queensland, (Schedule 5)

 

No other consultations were conducted in relation to the other Schedules to these Regulations, as the amendments were considered not to have relevant implications for any external agencies or other bodies.

ATTACHMENT A

 

Subsection 504(1) of the Migration Act 1958 (the Act) provides, in part, that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters which by the Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act. Subsection 5(1) of the Act provides, amongst other things, that “prescribed” means prescribed by the regulations.

In addition to subsection 504(1) of the Act, the following provisions may apply:

·        subsection 31(3) of the Act, which provides that the regulations may prescribe criteria for a visa or visas of a specified class;

·        section 52 of the Act, which provides that the regulations may prescribe the way in which a visa applicant or interested person must communicate with the Minister;

·        paragraph 504(1)(c) of the Act, which provides that the regulations may make provision for the furnishing or obtaining of information relating to (inter alia) persons on board aircraft operated by international air carriers and departing from an airport in Australia; and

·        paragraph 504(1)(d) of the Act, which provides that the regulations may make provision for and in relation to the use that may be made by persons other than officers of the Department, of information collected pursuant to the regulations made under paragraph 504(1)(c).

ATTACHMENT B

 

Details of the Migration Amendment Regulations 2006 (No. 5)

 

Regulation 1 – Name of Regulations

 

This regulation provides that these Regulations are the Migration Amendment Regulations 2006 (No. 5).

 

Regulation 2 – Commencement

 

This regulation provides that these Regulations commence on 1 October 2006.

 

Regulation 3 – Amendment of Migration Regulations 1994

 

This regulation provides that Schedules 1 to 5 to these Regulations amend the Migration Regulations 1994 (the Principal Regulations).

 

Regulation 4 – Transitional

 

The Note explains that there are no transitional arrangements for the amendments made by Schedules 1, 2 and 3.

Subregulation 4(1) provides that the amendment made by Schedule 4 applies in relation to an application for a visa made on or after 1 October 2006.

Subregulation 4(2) provides that the amendments made by Schedule 5 apply in relation to a visa application made on or after 1 October 2006.

 

Schedule 1 – Amendment relating to the limitation on approval of sponsorship

 

Item [1] – Paragraph 1.20L(4)(b)

This item omits the words “is satisfied that” from paragraph 1.20L(4)(b) in Part 1 of the Principal Regulations, and substitutes the words “has, at any time, determined in writing that he or she is satisfied that”.

The purpose of this amendment is to clarify that where a person is barred for five years, under subparagraph 1.20L(1)(c)(ii), from having a further family visitor sponsorship approved because a previously sponsored visa holder overstayed his or her permitted period of stay, the Minister may at any time make a determination that he or she is satisfied that the previous sponsored visa holder was unable to depart within the visa validity period due to circumstances that arose after entry to Australia and that were beyond the visa holder’s control. If the Minister makes this determination, the five year bar on approval of a further sponsorship will not apply.

The effect of this amendment is to allow the Minister to make a determination prior to the sponsor lodging a further sponsorship and visa application. This adds certainty and efficiency to the process as sponsors are able to know in advance whether a further sponsorship would, or would not be barred from approval.

Schedule 2 – Amendment relating to certification of documents by registered migration agents

 

Item [1] – Subparagraph 2.13(5)(b)(iv)

This item substitutes subparagraph 2.13(5)(b)(iv) in Part 2 of Division 2.3 to the Principal Regulations with new subparagraphs 2.13(5)(b)(iv) and (v), and inserts a new note.

The purpose of this amendment is to permit registered migration agents to certify copies of documents attached to a visa application or which accompany a written communication to the Minister.

New subparagraph 2.13(5)(b)(iv) provides that a registered migration agent whose registration is not suspended or subject to a caution may certify copies of original documents which accompany a written communication to the Minister regarding a visa application.

New sub-subparagraph 2.13(5)(b)(v)(A) provides that a registered migration agent operating outside Australia may certify copies of original documents which accompany a written communication to the Minister regarding a visa application provided his or her registration is not suspended or subject to a caution.

New sub-subparagraph 2.13(5)(b)(v)(B) continues the provision of the omitted subparagraph 2.13(5)(b)(iv) for copies to be certified outside Australia by the equivalent of a Justice of the Peace or Commissioner for Declarations.

The new note refers to section 303 of the Act, under which the Migration Agents Registration Authority may suspend the registration of a registered migration agent or caution him or her. The note explains that particulars of a migration agent’s suspension or caution are shown on the Register of Migration Agents and that those particulars will be removed once the suspension or caution is no longer in effect.

 

Schedule 3 - Amendments relating to the use of information

Item [1] - subregulation 3.10(3)

This item substitutes the word “persons” for the word “passengers” in paragraphs 3.10(3)(a) and (b) of Part 3 of the Principal Regulations.

Subregulation 3.10 of the Principal Regulations previously dealt with the provision of certain information about the movement of air traffic and passengers on aircraft departing Australia for destinations outside Australia, to the immigration authorities of foreign countries with which the Commonwealth has entered into an agreement.

Without this amendment the information that may be provided is restricted to information about passengers on board aircraft departing Australia on international flights. The effect of this amendment is to allow the provision of information about any persons on board the aircraft, including passengers and members of the crew. This will enable the department to assist with meeting current reporting requirements, which were restricted to information about passengers but now include information about all persons on board.

Item [2] – After subregulation 3.10(3)

This item inserts new subregulation 3.10(3A) in Part 3 of the Principal Regulations.

New subregulation 3.10(3A) provides that if the Commonwealth has entered into an agreement with an international air carrier in relation to the provision of information concerning international movements of persons on international flights, and the Minister is satisfied that the provision of the information (as specified in subregulation 3.10(4)) would facilitate the handling of persons travelling to destinations outside Australia, the Minister may arrange for the relevant information to be provided to the international air carrier.

The term “international air carrier” is defined in subsection 504(6) of the Act to mean an air transport enterprise that operates an air service between Australia and a place outside Australia.

The effect of new subregulation 3.10(3A) is to allow the Minister to provide the relevant information to international air carriers under an agreement with the Commonwealth, and to allow international air carriers to use the information for purposes that would facilitate the handling of persons travelling to destinations outside Australia. Such use would include, for instance, providing advance notice of arrivals to relevant authorities at the point of destination.

Item [3] – Subregulation 3.10(4)

This item amends subregulation 3.10(4) in Part 3 of the Principal Regulations, by omitting all the words at the beginning of the subregulation (before paragraph (a)) and inserting new words.

The purpose of this amendment is to make it clear that the information in respect of persons travelling on international flights that may be provided to another country under existing subregulation 3.10(4), or to an international air carrier under new subregulation 3.10(3A), inserted in the Principal Regulations by item [2] of this Schedule, above, is the information listed in the existing paragraphs (a) to (h) of subregulation 3.10(4), inclusive. These paragraphs are unchanged.

Item [4] – Subregulation 3.10(5)

This item amends subregulation 3.10(5) in Part 3 of the Principal Regulations by inserting a reference to paragraph (3A)(a) after the existing reference to paragraph (3)(a).

The effect of this amendment is to require that if an agreement referred to in new paragraph 3.10(3A)(a), inserted in the Principal Regulations by item [2] of this Schedule, above, is entered into by the Commonwealth and an international air carrier in respect of the provision and use of the relevant information, that agreement must be dealt with in accordance with the existing provisions of subregulation 3.10(5). Those provisions require that the Minister must, as soon as practicable, publish notice of the agreement in the Gazette, and the relevant information must not be provided to the international air carrier before the day following publication.

Schedule 4– Amendments relating to Subclass 856 visas

Item [1] – Schedule 2, sub-subparagraph 856.213(b)(iii)(A)

This item substitutes sub-subparagraph 856.213(b)(iii)(A) in Part 856 of Schedule 2 to the Principal Regulations with new sub-subparagraph 856.213(b)(iii)(A).

The amendment adds the Subclass 461 (New Zealand Citizen (Family Relationship) (Temporary)) visa to the list of qualifying visas set out in sub-subparagraph 856.213(b)(iii)(A).

The effect of this amendment is to allow a Subclass 461 (New Zealand Citizen (Family Relationship) (Temporary)) visa holder who satisfies the other relevant Schedule 2 criteria, to be granted a Subclass 856 (Employer Nomination Scheme) visa.

The purpose of this amendment is to ensure that New Zealand citizens who hold a temporary Subclass 444 (Special Category) visa and their dependent family members, who are not New Zealand citizens and therefore hold a Subclass 461 (New Zealand Citizen (Family Relationship)(Temporary)) visa, have the same access to the employer sponsored visa program.

Schedule 5 – Amendments relating to health waiver for certain classes of visa

Item [1] – Schedule 2, clause 846.111, after definition of designated area, before the notes

This item inserts a new definition participating State or Territory into clause 846.111 in Part 846 (Subclass 846 (State/Territory Sponsored Regional Established Business in Australia)) of Schedule 2 to the Principal Regulations.

The new definition provides that a participating State or Territory means a State or Territory specified by the Minister in an instrument in writing for this clause.

The new term participating State or Territory is used in clauses 846.224 and 846.225 of Part 846, as amended by items [2] and [3] of this Schedule. Please see the description in those items below for further details.

Item [2] –Schedule 2, clause 846.224

This item substitutes clause 846.224 in Part 846 (Subclass 846) (State/Territory Sponsored Regional Established Business in Australia)) of Schedule 2 to the Principal Regulations, with new clause 846.224.

New clause 846.224 provides that an applicant must satisfy public interest criteria (PIC) 4001, 4002, 4003, 4004, 4009, 4010 and, if the applicant resides or proposes to reside in a participating State or Territory, 4007 or, in any other case, 4005.

The effect of this amendment is to provide that an applicant for a Subclass 846 visa who resides or proposes to reside in a participating State or Territory must satisfy the health criteria in PIC 4007. Under PIC 4007 certain requirements may be waived if the Minister decides that any costs to the Australian community and/or prejudice to the access of Australians to health care and community services, although significant, are nonetheless "unlikely to be undue".

All other applicants must satisfy health criterion PIC 4005, which does not have any provision for any requirements to be waived under any circumstances.

Participating State or Territories will be specified by the Minister in an instrument (see item [1], above) on the basis that the particular State or Territory has agreed to applicants residing in their State or Territory permanently as the holder of a Subclass 846 visa even though the applicant may not have met full health requirements.

Item [3] –Schedule 2, clause 846.225

This item substitutes clause 846.225 in Part 846 (Subclass 846 (State/Territory Sponsored Regional Established Business in Australia)) of Schedule 2 to the Principal Regulations with new clause 846.225.

New subclause 846.225(1) provides that each member of an applicant’s family unit who is also applying for a Subclass 846 visa must satisfy public interest criteria (PIC) 4001, 4002, 4003, 4004, 4009 and 4010.

New subclause 846.225(1) also provides that if the member of an applicant's family unit resides or proposes to reside in a participating State or Territory he or she must satisfy the health criteria of PIC 4007, some of the requirements of which may be waived (see item [2], above). In any other case, the member of the family unit must satisfy PIC 4005.

New paragraph 846.225(2)(a) provides that each member of an applicant’s family unit who is not applying for a Subclass 846 visa must satisfy PIC 4001, 4002, 4003 and 4004. New paragraph 846.225(2)(b) also provides that, if the applicant resides or proposes to reside in a participating State or Territory, the member of the family unit must satisfy PIC 4007, or in any other case PIC 4005 - unless in either case the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to the relevant criterion.

Item [4] –Schedule 2, clause 846.322

This item substitutes clause 846.322 in Part 846 (Subclass 846 (State/Territory Sponsored Regional Established Business in Australia)) of Schedule 2 to the Principal Regulations with new clause 846.322.

New clause 846.322 provides that applicants seeking to satisfy the secondary criteria (criteria for family members) for a Subclass 846 visa, at the time of decision, must satisfy public interest criteria (PIC) 4001, 4002, 4003, 4004, 4009, 4010 and, if the applicant resides or proposes to reside in a participating State or Territory, 4007 or, in any other case, 4005.

The effect of this amendment is that an applicant who is a member of the family unit of the main applicant for a Subclass 846 visa, and who resides or proposes to reside in a participating State or Territory, may satisfy the relaxed health requirements in PIC 4007. See item [2] above for further details of these requirements.

Item [5] – Schedule 2, Division 855.1, before the notes

This item inserts a new definition, participating State or Territory, into clause 855.111 in Part 855 (Subclass 855 (Labour Agreement)) of Schedule 2 to the Principal Regulations.

The new definition provides that a participating State or Territory means a State or Territory specified by the Minister in an instrument in writing for this clause.

The new term participating State or Territory is used in clauses 855.223 and 855.225 of Part 855, as amended by items [7] and [8] of this Schedule. Please see the description in those items below, for further details.

Item [6] – Schedule 2, Division 855.1

This item omits the words “There are no interpretation provisions to this part” in Part 855 (Subclass 855 (Labour Agreement)) of Schedule 2 to the Principal Regulations.

Item [5] above inserts a new definition, making these words redundant.

Item [7] – Schedule 2, clause 855.223

This item substitutes clause 855.223 in Part 855 (Subclass 855 (Labour Agreement)) of Schedule 2 to the Principal Regulations with new clause 855.223.

New clause 855.223 provides that the applicant must satisfy public interest criteria (PIC) 4001, 4002, 4003, 4004, 4009, 4010 and, if the applicant resides or proposes to reside in a participating State or Territory 4007 or, in any other case, 4005.

The effect of this amendment is similar in effect to the amendment made in item [2], above, in relation to a primary applicant for a Subclass 846 visa. See item [2] above or further details of these requirements.

Item [8] – Schedule 2, subclause 855.225(1)

This item substitutes subclause 855.225(1) in Part 855 (Subclass 855 (Labour Agreement)) of Schedule 2 to the Principal Regulations with new subclause 855.225(1).

New subclause 855.225(1) provides that each member of an applicant’s family unit who is also applying for a Subclass 855 visa must satisfy public interest criteria (PIC) 4001, 4002, 4003, 4004, 4009 and 4010. In addition, if the member of the family unit resides or proposes to reside in a participating State or Territory he or she must satisfy health criterion PIC 4007 (some of the requirements of which may be waived - see item [2], above), or in any other case, PIC 4005.

Item [9] - Schedule 2, subclause 855.225(2)

This item substitutes subclause 855.225(2) in Part 855 (Subclass 855 (Labour Agreement)) of Schedule 2 to the Principal Regulations with new subclause 855.225(2).

New subclause 855.225(2) provides that each member of an applicant’s family unit who is not applying for a Subclass 855 visa must satisfy public interest criteria (PIC) 4001, 4002, 4003 and 4004. In addition, if the primary applicant resides or proposes to reside in a participating State or Territory, the member of the family unit must satisfy health criterion PIC 4007 (some of the requirements of which may be waived - see item [2], above), or in any other case, PIC 4005 – unless in either case the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to the relevant criterion.

Item [10] – Schedule 2, clause 855.322

This item substitutes clause 855.322 in Part 855 (Subclass 855 (Labour Agreement)) of Schedule 2 to the Principal Regulations with new clause 855.322.

 

New clause 855.322 provides that applicants seeking to satisfy the secondary criteria (criteria for family members) for a Subclass 855 visa must, at the time of decision, satisfy public interest criteria (PIC) 4001, 4002, 4003, 4004, 4009 and 4010 and, if the applicant resides or proposes to reside in a participating State or Territory, 4007 or, in any other case, 4005.

The effect of this amendment is that an applicant who is a member of the family unit of the main applicant for a Subclass 855 visa, and who resides or proposes to reside in a participating State or Territory, may satisfy the relaxed health requirements in PIC 4007. See item [2] above for further details of these requirements.

Item [11] – Schedule 2, Division 856.1, before the note

This item inserts a new definition, participating State or Territory, into clause 856.111 in Part 856 (Subclass 856 (Employer Nomination Scheme)) of Schedule 2 to the Principal Regulations.

The new definition provides that a participating State or Territory means a State or Territory specified by the Minister in an instrument in writing for this clause.

 

The new term participating State or Territory is used in clauses 856.223 and 856.225 of Part 856, as amended by items [13] and [14] of this Schedule. Please see the note on those items below, for further details.

Item [12] – Schedule 2, Division 856.1, note

This item omits the words “There are no interpretation provisions specific to this part” in Part 856 (Subclass 856 (Employer Nomination Scheme)) of Schedule 2 to the Principal Regulations.

Item [11] above inserts a new definition, making these words redundant.

 

Item [13] – Schedule 2, clause 856.223

This item substitutes clause 856.223 of Part 856 (Subclass 856 (Employer Nomination Scheme)) of Schedule 2 to the Principal Regulations with new clause 856.223.

 

New clause 856.223 provides that the applicant must satisfy public interest criteria (PIC) 4001, 4002, 4003, 4004, 4009, 4010 and, if the applicant resides or proposes to reside in a participating State or Territory, 4007 or, in any other case, 4005.

The effect of this amendment is similar in effect to the amendment made in item [2], above, in relation to a primary applicant for a Subclass 846 visa. See item [2] above for further details of these requirements.

Item [14] – Schedule 2, subclause 856.225(1)

This item substitutes subclause 856.225(1) of Part 856 (Subclass 856 (Employer Nomination Scheme)) of Schedule 2 to the Principal Regulations with new subclause 856.225(1).

 

New subclause 856.225(1) provides that each member of an applicant’s family unit who is also applying for a Subclass 856 visa must satisfy public interest criteria (PIC) 4001, 4002, 4003, 4004, 4009 and 4010. In addition, if the member of the family unit resides or proposes to reside in a participating State or Territory, he or she must satisfy the health criteria of PIC 4007, some of the requirements of which may be waived (see item [2] above). In any other case, the member of the family unit must satisfy PIC 4005.

 

Item [15] – Schedule 2, subclause 856.225(2)

 

This item substitutes subclause 856.225(2) in Part 856 (Subclass 856 (Employer Nomination Scheme)) of Schedule 2 to the Principal Regulations with new subclause 856.225(2).

 

New subclause 856.225(2) provides that each member of an applicant’s family unit who is not applying for a Subclass 856 visa must satisfy public interest criteria (PIC) 4001, 4002, 4003 and 4004. In addition, if the applicant resides or proposes to reside in a participating State or Territory, the member of the family unit must satisfy health criterion PIC 4007 (some of the requirements of which may be waived - see item [2] above), or in any other case, PIC 4005 - unless in either case the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to the relevant criterion.

 

Item [16] – Schedule 2, subclause 856.322

 

This item substitutes clause 856.322 in Part 856 (Subclass 856 (Employer Nomination Scheme)) of Schedule 2 to the Principal Regulations with new clause 856.322.

 

New clause 856.322 provides that applicants seeking to satisfy the secondary criteria (criteria for family members) for a Subclass 856 visa must, at the time of decision, satisfy public interest criteria (PIC) 4001, 4002, 4003, 4004, 4009 and 4010 and, if the applicant resides in a participating State or Territory, health criterion PIC 4007, or in any other case, PIC 4005.

The effect of this amendment is that an applicant who is a member of the family unit of the main applicant may satisfy the relaxed health requirements in PIC 4007. See item [2] above for further details of these requirements.

Item [17] – Schedule 2, clause 857.111, before definition of regional Australia

This item inserts a new definition, participating State or Territory, into clause 857.111 in Part 857 (Subclass 857 (Regional Sponsored Migration Scheme)) of Schedule 2 to the Principal Regulations.

The new definition provides that a participating State or Territory means a State or Territory specified by the Minister in an instrument in writing for this clause.

The new term participating State or Territory is used in clauses 857.223 and 857.225 of Part 857, as amended by items [19] and [20] of this Schedule. For further details, please see the notes on those items those items below.

Item [18] – Schedule 2, clause 857.223

This item substitutes clause 857.223 of Part 857 (Subclass 857 (Regional Sponsored Migration Scheme)) of Schedule 2 to the Principal Regulations with new clause 857.223.

New clause 857.223 provides that an applicant must satisfy public interest criteria (PIC) 4001, 4002, 4003, 4004, 4009, 4010, and, if the applicant resides or proposes to reside in a participating State or Territory or was at the time of application the holder of a Skilled – Independent Regional (Provisional) (Class UX) visa, health criterion PIC 4007 or, in any other case, PIC 4005.

The effect of this amendment is similar in effect to the amendment made in item [2], above, in relation to a primary applicant for a Subclass 846 visa. See item [2] above for further details of these requirements.

Item [19] – Schedule 2, subclause 857.225(1)

This item substitutes subclause 857.225(1) of Part 857 (Subclass 857 (Regional Sponsored Migration Scheme)) of Schedule 2 to the Principal Regulations with new subclause 857.225(1).

 

New subclause 857.225(1) provides that each member of an applicant’s family unit who is also applying for a Subclass 857 visa must satisfy public interest criteria (PIC) 4001, 4002, 4003, 4004, 4009 and 4010. In addition, if the member of the family unit resides or proposes to reside in a participating State or Territory or was at the time of application the holder of a Skilled – Independent Regional (Provisional) (Class UX) visa, he or she must satisfy health criterion PIC 4007, some of the requirements of which may be waived (see item [2], above). In any other case, the member of the family unit must satisfy PIC 4005.

Item [20] – Schedule 2, subclause 857.225(2)

This item substitutes subclause 857.225(2) in Part 857 (Subclass 857 (Regional Sponsored Migration Scheme)) of Schedule 2 to the Principal Regulations with new subclause 857.225(2).

New subclause 857.225(2) provides that each member of an applicant’s family unit who is not applying for a Subclass 857 visa must satisfy public interest criteria (PIC) 4001, 4002, 4003 and 4004. In addition, if the applicant resides or proposes to reside in a participating State or Territory or was at the time of application the holder of a Skilled – Independent Regional (Provisional) (Class UX) visa, the member of the family unit must satisfy health criterion PIC 4007 (some of the requirements of which may be waived - see item [2] above), or, in any other case, PIC 4005 - unless in either case the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to the relevant criterion.

Item [21] – Schedule 2, clause 857.322

This item substitutes clause 857.322 in Part 857 (Subclass 857 (Regional Sponsored Migration Scheme)) of Schedule 2 to the Principal Regulations with new clause 857.322.

 

New clause 857.322 provides that applicants seeking to satisfy the secondary criteria (criteria for family members) for a Subclass 857 visa must, at the time of decision, satisfy public interest criteria (PIC) 4001, 4002, 4003, 4004, 4009, 4010. In addition, if the applicant resides or proposes to reside in a participating State or Territory or was at the time of application the holder of a Skilled – Independent Regional (Provisional) (Class UX) visa, the applicant must satisfy PIC 4007 or, in any other case, PIC 4005.

The effect of this amendment is that an applicant who is a member of the family unit of the main applicant may satisfy the relaxed health requirements in PIC 4007. See item [2] above for further details of these requirements.