Document ID: chunk:federal_register_of_legislation:C2004A00888:schedule:2:p2
Version: federal_register_of_legislation:C2004A00888
Segment Type: schedule
Provision Reference: sch 2 (pt 2/7)
Character Range: 9346–12183

to do so.

[7] Schedule 2, after Part 446

insert

Subclass 447 Secondary Movement Offshore Entry (Temporary)

447.1 Interpretation

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

No interpretation provisions specific to this Part.

447.2 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.

447.21 Criteria to be satisfied at time of application

447.211 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 an offshore entry person.

447.22 Criteria to be satisfied at time of decision

447.221 The applicant continues to satisfy the criterion in clause 447.211.

447.222 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 447.211 (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 447.211 (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 447.211 (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) the capacity of the Australian community to provide for the temporary stay of persons such as the applicant in Australia.

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

447.224 Grant of the visa would not result in either:
 (a) the number of Subclass 447 visas granted in a financial year exceeding the maximum number of Subclass 447 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