Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:2_5:p40
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 2 cl 5 (pt 40/68)
Character Range: 1976384–1979168

must satisfy the primary criteria unless the applicant is a member of the family unit of a person who holds:
(a) a Subclass 602 visa on the basis of satisfying subclause 602.212(6) (unfit to depart); or
(b) a Subclass 685 (Medical Treatment (Long Stay)) visa on the basis of satisfying subclause 685.221(4) (unfit to depart).
 Those applicants must satisfy the secondary criteria.
 All criteria must be satisfied at the time a decision is made on the application.

602.211
  The applicant seeks to visit Australia, or remain in Australia temporarily, for the purposes of medical treatment or for related purposes.

602.212
 (1) The requirements in one of subclauses (2) to (8) are met.

Medical treatment
 (2) All of the following requirements are met:
 (a) the applicant seeks to obtain medical treatment (including consultation), other than treatment for the purposes of surrogate motherhood, in Australia;
 (b) arrangements have been concluded to carry out the treatment;
 (c) if the treatment is an organ transplant:
 (i) the donor of the relevant organ is accompanying the applicant to Australia; or
 (ii) all requisite arrangements to effect the donation of the organ have been concluded in Australia;
 (d) the applicant is free from a disease or condition that is, or may result in the applicant being, a threat to public health in Australia or a danger to the Australian community;
 (e) arrangements have been concluded for the payment of all costs related to the treatment and all other expenses of the applicant's stay in Australia, including the expenses of any person accompanying the applicant;
 (f) either:
 (i) the payment of those costs will not be a charge on the Commonwealth, a State, a Territory or a public authority in Australia; or
 (ii) evidence is produced that the relevant government authority has approved the payment of those costs.

Organ donor
 (3) All of the following requirements are met:
 (a) the applicant seeks to donate an organ for transplant in Australia;
 (b) if the organ recipient is also an applicant, the requirements described in subclause (2) are met in relation to the organ recipient;
 (c) the applicant satisfies public interest criterion 4005;
 (d) arrangements have been concluded for the payment of all costs related to the organ transplant and all other expenses of the applicant's stay in Australia, including the expenses of any person accompanying the applicant;
 (e) either:
 (i) the payment of those costs will not be a charge on the Commonwealth, a State, a Territory or a public authority in Australia; or
 (ii) evidence is produced that the relevant government authority has approved the payment of those costs.

Support person
 (4) All of the following requirements are met:
 (a) the applicant seeks to give emotional and