Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:2_2:p99
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 2 cl 2 (pt 99/178)
Character Range: 1671187–1674118

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 approved proposing organisation to provide for the permanent settlement of the applicant in Australia.

202.223
 (1) 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.
 (2) If the application includes a proposal by an approved proposing organisation, the permanent settlement of the applicant in Australia would be consistent with the priorities of the Commonwealth in relation to the permanent settlement in Australia of persons who are proposed by approved proposing organisations for Subclass 202 visas.
Note: This subclause commenced on 1 July 2017 as part of the Department's Community Support Programme, which deals with the permanent settlement in Australia of persons who are proposed by approved proposing organisations for Subclass 202 visas.

202.224
  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.

202.225
  If the application does not include a proposal by an approved proposing organisation, the applicant is proposed for entry to Australia, in accordance with approved form 681, by:
 (a) a person who:
 (i) is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen; and
 (ii) is not a person mentioned in subregulation 2.07AM(5); or
 (b) a body operating in Australia.

202.226
  Grant of the visa would not result in either:
 (a) the number of Subclass 202 visas granted in a financial year exceeding the maximum number of Subclass 202 visas, as determined by the Minister by legislative instrument, that may be granted in that financial year; or
 (b) the number of visas of particular classes, including Subclass 202, granted in a financial year exceeding the maximum number of visas of those classes, as determined by the Minister by legislative instrument, that may be granted in that financial year.

202.227
 (1) The applicant:
 (a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009 and 4010; and
 (b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.
 (2) If the applicant has previously been in Australia, the applicant satisfies special return criterion 5001.

202.227A
  If:
 (a) the application includes a proposal by an approved proposing organisation; and
 (b) the Minister has requested an assurance