Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:2_2:p105
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 2 cl 2 (pt 105/178)
Character Range: 1686771–1689513

country other than her home country; or
 (b) is a person who meets the requirements of subclause (2).
 (2) The applicant meets the requirements of this subclause if:
 (a) the applicant's entry to Australia has been proposed in accordance with approved form 681 by an Australian citizen or an Australian permanent resident (in this subclause called the proposer) who is, or has been, the holder of a Subclass 204 visa; and
 (aa) the application is made within 5 years of the grant of that visa; and
 (b) on the date of grant of that visa, the applicant was a member of the immediate family of the proposer; and
 (c) the applicant continues to be a member of the immediate family of the proposer; and
 (d) before the grant of that visa, that relationship was declared to Immigration; and
 (e) the proposer is not a person mentioned in subregulation 2.07AM(5).

204.212
 (1) The spouse or de facto partner of the applicant is not prohibited by subclause (2) from proposing the applicant's entry to Australia.
 (2) For subclause (1), the spouse or de facto partner is prohibited from proposing the applicant's entry to Australia if:
 (a) the spouse or de facto partner is a woman who was granted a Subclass 204 visa within the 5 years immediately preceding the application; and
 (b) on the date of grant of that visa:
 (i) the applicant was a former spouse or former de facto partner of that woman, having been divorced or permanently separated from that woman; or
 (ii) the applicant was the spouse or de facto partner of that woman and that relationship had not been declared to Immigration.
204.22—Criteria to be satisfied at time of decision

204.221
  The applicant continues to satisfy the criteria in clause 204.211.

204.222
  If the applicant meets the requirements of paragraph 204.211(1)(a), the Minister is satisfied that the applicant does not have the protection of a male relative and is in danger of victimisation, harassment or serious abuse because of her sex.

204.222A
  The Minister is satisfied that permanent settlement in Australia:
 (a) is the appropriate course for the applicant; and
 (b) would not be contrary to the interests of Australia.

204.223
  The permanent settlement of the applicant in Australia would be consistent with the regional and global priorities of the Commonwealth in relation to the permanent settlement of persons in Australia on humanitarian grounds.

204.224
  The Minister is satisfied that there are compelling reasons for giving special consideration to granting the applicant a permanent visa, having regard to:
 (a) in the case of an applicant who met the requirements of subclause 204.211(2) at the time of application—the extent of the applicant's connection with Australia; or
 (b) in