Document ID: chunk:federal_register_of_legislation:C2004A00888:schedule:2:p6
Version: federal_register_of_legislation:C2004A00888
Segment Type: schedule
Provision Reference: sch 2 (pt 6/7)
Character Range: 19443–22150

unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 451 visa.

451.322 If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

451.323 The applicant:
 (a) satisfies public interest criteria 4001, 4002, 4003, 4004 and 4007; and
 (b) if he or she has previously been in Australia, satisfies special return criterion 5001.

451.4 Circumstances applicable to grant

451.411 The applicant must be outside Australia at the time of grant.

451.5 When visa is in effect

451.511 Temporary visa permitting the holder:
 (a) to travel to and enter Australia on 1 occasion, as specified by the Minister; 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 60 months from the grant — the day on which the application is finally determined; and
 (ii) in any other case — the end of the 60 months.

451.6 Conditions

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

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

451.613 Condition 8502 may be imposed.

451.7 Way of giving evidence

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

[9] Schedule 2, after 866.213

insert

866.214 (1)   The applicant has not held a Subclass 447 (Secondary Movement Offshore Entry (Temporary)) visa since last entering Australia.

 (2)   The Minister may waive the requirement under subclause (1) if the Minister is satisfied that it is in the public interest to do so.

866.215 (1)   If the applicant has held a Subclass 785 (Temporary Protection) visa since last entering Australia, the applicant, since leaving his or her home country, has not ever resided, for a continuous period of at least 7 days, in a country in which the applicant could have sought and obtained effective protection:
 (a) of the country; or
 (b) through the offices of the United Nations High Commissioner for Refugees located in that country.

 (2)   The Minister may waive the requirement under subclause (1) if the Minister is satisfied that it is in the public interest to do so.

[10] Schedule 2, after 866.228

866.228A If the applicant holds a Subclass 451 (Secondary Movement Relocation (Temporary)) visa, the applicant has held that visa for the lesser of:
 (a) a continuous period of 54 months; and
 (b) a shorter period specified in writing by the Minister in relation to the applicant.

[11] Transitional

 (1) The amendments made by items [1] to [10] apply to an application for a visa made after the commencement of this Act.

 (2) Despite anything