Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:2_5:p59
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 2 cl 5 (pt 59/68)
Character Range: 2025677–2028441

decision

790.221
 (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 in subclause (2) has been granted a Subclass 790 (Safe Haven Enterprise) visa.
Note: See paragraphs 36(2)(b) and (c) of the Act.

790.222
  The applicant has undergone a medical examination carried out by any of the following (a relevant medical practitioner):
 (a) a Medical Officer of the Commonwealth;
 (b) a medical practitioner approved by the Minister for the purposes of this paragraph;
 (c) a medical practitioner employed by an organisation approved by the Minister for the purposes of this paragraph.

790.223
 (1) One of subclauses (2) to (5) is satisfied.
 (2) The applicant has undergone a chest x‑ray examination conducted by a medical practitioner who is qualified as a radiologist in Australia.
 (3) The applicant is under 11 years of age and is not a person in respect of whom a relevant medical practitioner has requested the examination mentioned in subclause (2).
 (4) The applicant is a person:
 (a) who is confirmed by a relevant medical practitioner to be pregnant; and
 (b) who has been examined for tuberculosis by a chest clinic officer employed by a health authority of a State or Territory; and
 (c) who has signed an undertaking to place herself under the professional supervision of a health authority in a State or Territory and to undergo any necessary treatment; and
 (d) who the Minister is satisfied should not be required to undergo a chest x‑ray examination at this time.
 (5) The applicant:
 (a) is an unauthorised maritime arrival; and
 (b) holds or has held a Subclass 785 (Temporary Protection) visa or a Subclass 790 (Safe Haven Enterprise) visa; and
 (c) at the time the visa was granted, satisfied any of the following:
 (i) subclause 785.223(3);
 (ii) subclause 785.223(5);
 (iii) subclause (3) of this clause;
 (iv) this subclause.

790.224
 (1) A relevant medical practitioner has considered:
 (a) the results of any tests carried out for the purposes of the medical examination required under clause 790.222; and
 (b) the radiological report (if any) required under clause 790.223 in respect of the applicant.
 (2) If the relevant medical practitioner:
 (a) is not a Medical Officer of the Commonwealth; and
 (b) considers that the applicant has a disease or condition that is,