Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:2_2:p30
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 2 cl 2 (pt 30/40)
Character Range: 2184986–2187764

a Subclass 790 (Safe Haven Enterprise) visa on the basis that the applicant satisfied the criterion mentioned in paragraph 36(2)(b) or 36(2)(c) of the Act—that grant;
 (c) if the applicant is taken to have made a valid application for a Resolution of Status (Class CD) visa under regulation 2.08G and the applicant is an applicant described in column 1 of item 3A of the table in subregulation 2.08G(1)—the record made by the Minister in relation to the applicant, as mentioned in column 2 of that item;
 (d) if the applicant is taken to have made a valid application for a Resolution of Status (Class CD) visa under regulation 2.08G and the applicant is an applicant described in column 1 of item 5 of the table in subregulation 2.08G(1)—the record made by the Minister in relation to the applicant, as mentioned in column 2 of that item.
 (3) One of the following applies in relation to the applicant:
 (a) if the applicant had made a valid application for a protection visa at the same time as the applicant made the application for the Subclass 851 (Resolution of Status) visa, the applicant would have satisfied the criteria for the grant of the protection visa;
 (b) there is a compelling or compassionate reason to grant the visa to the applicant;
 (c) the applicant is a member of the same family unit as a person who holds a Subclass 851 (Resolution of Status) visa.
851.3—Secondary criteria
Note: There are no secondary criteria for the grant of a Subclass 851 visa.
851.4—Circumstances applicable to grant

851.411
  The applicant must be in Australia.
851.5—When visa is in effect

851.511
  Permanent visa permitting the holder to travel to and enter Australia for a period of 5 years from the date of grant.
851.6—Conditions:   Nil.

Subclass 852—Referred Stay (Permanent)
852.1—Interpretation
Note 1: Regulation 1.03 provides that member of the immediate family has the meaning set out in regulation 1.12AA.
Note 2: There are no interpretation provisions specific to this Part.
852.2—Primary criteria
Note: The primary criteria must be satisfied by at least one member of an immediate family. The other members of the immediate family who are applicants for a visa of this subclass need satisfy only the secondary criteria.
852.21—Criteria to be satisfied at time of application

852.211
  The applicant is taken to have made a valid application for a Referred Stay (Permanent) (Class DH) visa under subregulation 2.07AK(2) in accordance with subregulation 2.07AK(3).
852.22—Criteria to be satisfied at time of decision

852.222
  The applicant:
 (a) satisfies public interest criteria 4001, 4002, 4003 and 4007; and
 (b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.

852.223
  The requirements of paragraphs