Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:2_2:p102
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 2 cl 2 (pt 102/178)
Character Range: 1678990–1681866

be imposed.

Subclass 203—Emergency Rescue
203.1—Interpretation
Note: member of the family unit and member of the immediate family are defined in regulation 1.03. There are no interpretation provisions specific to this Part.
203.2—Primary criteria
Note: The primary criteria must be satisfied by all applicants except certain applicants who are members of the family unit, or members of the immediate family, of certain applicants who satisfy the primary criteria. Those other applicants need satisfy only the secondary criteria.
203.21—Criteria to be satisfied at time of application

203.211
 (1) The applicant:
 (a) is subject to persecution in the applicant's home country, whether the applicant is living in the applicant's home country or in another country; or
 (b) 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 203 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).
203.22—Criteria to be satisfied at time of decision

203.221
  The applicant continues to satisfy the criteria in clause 203.211.

203.222
  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 203.211(2) at the time of application—the extent of the applicant's connection with Australia; or
 (b) in any other case—the following:
 (i) the degree of persecution to which the applicant is subject in the applicant's home country; and
 (ii) the extent of the applicant's connection with Australia; and
 (iii) whether or not there is any suitable country available, other than Australia, that can provide for the applicant's settlement and protection from persecution; and
 (iv) the capacity of the Australian community to provide for the permanent settlement of persons such as the applicant in Australia.

203.223
  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.

203.224
  The Minister is satisfied that:
 (a) there are urgent and compelling reasons for the