Document ID: chunk:federal_register_of_legislation:C2023C00394:clause:2_18e:p1
Version: federal_register_of_legislation:C2023C00394
Segment Type: clause
Provision Reference: sch 2 cl 18E (pt 1/3)
Character Range: 51418–54096

18E  After Part 785 of Schedule 2
Insert:

Subclass 790—Safe Haven Enterprise
790.1—Interpretation

790.111
  For the purposes of this Part, a person (A) is a member of the same family unit as another person (B) if:
 (a) A is a member of B's family unit; or
 (b) B is a member of A's family unit; or
 (c) A and B are members of the family unit of a third person.
790.2—Primary criteria
Note: All applicants must satisfy the primary criteria.
790.21—Criteria to be satisfied at time of application

790.211
 (1) Subclause (2) or (3) is satisfied.

 (2) The applicant:
 (a) claims that a criterion mentioned in paragraph 36(2)(a) or (aa) of the Act is satisfied in relation to the applicant; and
 (b) makes specific claims as to why that criterion is satisfied.
Note: Paragraphs 36(2)(a) and (aa) of the Act set out criteria for the grant of protection visas to non‑citizens in respect of whom Australia has protection obligations.
 (3) The applicant claims to be a member of the same family unit as a person:
 (a) to whom subclause (2) applies; and
 (b) who is an applicant for a Subclass 790 (Safe Haven Enterprise) visa.
Note: See paragraphs 36(2)(b) and (c) of the Act.
790.22—Criteria to be satisfied at time of decision

790.221
 (1) Subclause (2) or (3) is satisfied.
 (2) The Minister is satisfied that a criterion mentioned in paragraph 36(2)(a) or (aa) of the Act is satisfied in relation to the applicant.
Note: Paragraphs 36(2)(a) and (aa) of the Act set out criteria for the grant of protection visas to non‑citizens in respect of whom Australia has protection obligations.
 (3) The Minister is satisfied that:
 (a) the applicant is a member of the same family unit as an applicant mentioned in subclause (2); and
 (b) the applicant mentioned in subclause (2) has been granted a Subclass 790 (Safe Haven Enterprise) visa.
Note: See paragraphs 36(2)(b) and (c) of the Act.

790.222
  The applicant has undergone a medical examination carried out by any of the following (a relevant medical practitioner):
 (a) a Medical Officer of the Commonwealth;
 (b) a medical practitioner approved by the Minister for the purposes of this paragraph;
 (c) a medical practitioner employed by an organisation approved by the Minister for the purposes of this paragraph.

790.223
 (1) One of subclauses (2) to (4) is satisfied.
 (2) The applicant has undergone a chest x‑ray examination conducted by a medical practitioner who is qualified as a radiologist in Australia.
 (3) The applicant is under 11 years of age and is not a person in respect of whom a relevant medical practitioner has requested the examination mentioned in subclause (2).
 (4) The applicant is a person:
 (a) who