Document ID: chunk:federal_register_of_legislation:C2004A00888:schedule:2:p4
Version: federal_register_of_legislation:C2004A00888
Segment Type: schedule
Provision Reference: sch 2 (pt 4/7)
Character Range: 14419–17219

and
 (b) to remain in Australia until:
 (i) if the holder applies for a visa after the temporary visa is granted and before the end of 36 months from the grant — the day on which the application is finally determined; and
 (ii) in any other case — the end of the 36 months.

447.6 Conditions

447.611 The holder cannot be granted a substantive visa other than a protection visa.

447.612 Entry must be made before the date specified by the Minister for the purpose.

447.613 Condition 8502 may be imposed.

447.7 Way of giving evidence

447.711 Visa label affixed to a Convention travel document or valid passport.

[8] Schedule 2, after Part 450

insert

Subclass 451 Secondary Movement Relocation (Temporary)

451.1 Interpretation

Note   member of the family unit is defined in regulation 1.03.

No interpretation provisions specific to this Part.

451.2 Primary criteria

Note   The primary criteria must be satisfied by at least 1 member of a family unit. Other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria.

451.21 Criteria to be satisfied at time of application

451.211 The applicant:
 (a) is either:
 (i) subject to persecution in the applicant's home country; or
 (ii) subject to substantial discrimination, amounting to gross violation of human rights, in the applicant's home country; or
 (iii) a female person who is subject to persecution or is registered as being of concern to the United Nations High Commissioner for Refugees; and
 (b) is outside his or her home country and is not an offshore entry person.

451.22 Criteria to be satisfied at time of decision

451.221 The applicant continues to satisfy the criterion in clause 451.211.

451.222 The Minister is satisfied that there are compelling reasons for giving special consideration to granting the applicant a temporary visa, having regard to:
 (a) the extent of the applicant's connection with Australia; and
 (b) if the applicant continues to meet the requirement in subparagraph 451.211 (a) (i) — the degree of persecution to which the applicant is subject in the applicant's home country; and
 (c) if the applicant continues to meet the requirement in subparagraph 451.211 (a) (ii) — the degree of discrimination to which the applicant is subject in the applicant's home country; and
 (d) if the applicant continues to meet the requirement in subparagraph 451.211 (a) (iii) — whether the applicant has the protection of a male relative and is in danger of 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)