Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:2_2:p98
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 2 cl 2 (pt 98/178)
Character Range: 1668592–1671431

CD) visa, and the applicant was a member of the immediate family of the proposer on the date of application for that visa; and
 (ba) the application is made within 5 years of the grant of that visa; 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).

202.212
  If the application includes a proposal by an approved proposing organisation:
 (a) the applicant is subject to substantial discrimination, amounting to gross violation of human rights, in the applicant's home country and is living in a country other than the applicant's home country; and
 (b) the proposal is not made on behalf of another person who is mentioned in subregulation 2.07AM(5); and
 (c) the applicant is still proposed by the approved proposing organisation.
202.22—Criteria to be satisfied at time of decision

202.221
 (1) If the criteria in clause 202.211 apply to the applicant, the applicant continues to satisfy the criteria.
 (2) If the criteria in clause 202.212 apply to the applicant, the applicant continues to satisfy the criteria.

202.222
 (1) If:
 (a) the applicant met the requirements of subclause 202.211(2) at the time of application; and
 (b) the applicant's proposer is, or has been, the holder of a Subclass 202 visa;
the Minister is satisfied that there are compelling reasons for giving special consideration to granting the applicant a permanent visa having regard to the extent of the applicant's connection with Australia.
 (2) If subclause (1) does not apply, and the application does not include a proposal by an approved proposing organisation, the Minister is satisfied that there are compelling reasons for giving special consideration to granting the applicant a permanent visa, having regard to:
 (a) the degree of discrimination to which the applicant is subject in the applicant's home country; and
 (b) the extent of the applicant's connection with Australia; and
 (c) whether or not there is any suitable country available, other than Australia, that can provide for the applicant's settlement and protection from discrimination; and
 (d) the capacity of the Australian community to provide for the permanent settlement of persons such as the applicant in Australia.
 (3) If the application includes a proposal by an approved proposing organisation, the Minister is satisfied that there are compelling reasons for giving special consideration to granting the applicant a permanent visa, having regard to:
 (a) the degree of discrimination to which the applicant is subject in the applicant's home country; and
 (b) the extent of the applicant's connection with Australia; and
 (c) whether or not there is any suitable country