Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:2_2:p1
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 2 cl 2 (pt 1/5)
Character Range: 2231629–2234433

2     was the holder of a substituted Subclass 600 visa at the time of application      (a) 4001, 4002 and 4003; and
                                                                                        (b) 4007, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment for that criterion

864.4—Circumstances applicable to grant

864.411
 (1) Unless subclause (2) of this clause applies to the visa, the applicant must be in Australia, but not in immigration clearance, when the visa is granted.
 (2) This subclause applies to a visa if:
 (a) the application for the visa was made before 24 March 2021; and
 (b) the applicant for the visa was outside Australia on 24 March 2021; and
 (c) the visa is granted after 23 March 2021; and
 (d) the visa is granted before the end of the concession period described in subregulation 1.15N(1); and
 (e) the applicant for the visa is not in immigration clearance.
Note: The second instalment of the visa application charge must be paid before the visa can be granted.
864.5—When visa is in effect

864.511
  Permanent visa permitting the holder to travel to and enter Australia for 5 years from the date of grant.
864.6—Conditions:   Nil.

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