Document ID: chunk:federal_register_of_legislation:C2004A00888:schedule:2:p5
Version: federal_register_of_legislation:C2004A00888
Segment Type: schedule
Provision Reference: sch 2 (pt 5/7)
Character Range: 16933–19678

victimisation, harassment or serious abuse because of her sex; and
 (e) whether there is any suitable country available, other than Australia, that can provide for the applicant's stay and protection from persecution, discrimination, victimisation, harassment or serious abuse; and
 (f) the capacity of the Australian community to provide for the temporary stay of persons such as the applicant in Australia.

451.223 The Minister is satisfied that temporary stay in Australia would not be contrary to the interests of Australia.

451.224 Grant of the visa would not result in either:
 (a) the number of Subclass 451 visas granted in a financial year exceeding the maximum number of Subclass 451 visas, as determined by Gazette Notice, that may be granted in that financial year; or
 (b) the number of visas of particular classes (including Refugee and Humanitarian (Class XB) visa) granted in a financial year exceeding the maximum number of visas of those classes, as determined by Gazette Notice, that may be granted in that financial year.

451.225 The applicant satisfies public interest criteria 4001, 4002, 4003, 4004 and 4007.

451.226 If the applicant has previously been in Australia, the applicant satisfies special return criterion 5001.

451.227 (1)   In relation to the family unit of the applicant, each member of the family unit who is an applicant for a Subclass 451 visa is a person who:
 (a) satisfies public interest criteria 4001, 4002, 4003, 4004 and 4007; and
 (b) if he or she has previously been in Australia — satisfies special return criterion 5001.

 (2)   In relation to the family unit of the applicant, each member of the family unit who is not an applicant for a Subclass 451 visa is a person who:
 (a) satisfies public interest criteria 4001, 4002, 4003 and 4004; and
 (b) satisfies public interest criterion 4007, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.

451.3 Secondary criteria

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

451.31 Criteria to be satisfied at time of application

451.311 The applicant:
 (a) is a member of the family unit of a person who satisfies, or has satisfied, the criterion in clause 451.211; and
 (b) is in the same country as that person.

451.32 Criteria to be satisfied at time of decision

451.321 The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 451 visa.

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

451.323