Do not delete : Schedule Part placeholder

(regulation 3)

[1] Regulation 2.07AC, heading

substitute

2.07AC Applications for Temporary Safe Haven and Temporary (Humanitarian Concern) visas

[2] Subregulation 2.07AC (1)

substitute

(1) For subsection 46 (2) of the Act, each of the following classes of visa is a prescribed class of visa:

(a) the Temporary Safe Haven (Class UJ) visa class;

(b) the Temporary (Humanitarian Concern) (Class UO) visa class.

[3] Subregulations 2.07AC (2) and (3)

omit

Temporary Safe Haven (Class UJ) visa

insert

visa of a class mentioned in subregulation (1)

[4] Schedule 1, after item 1223B

insert

1223C. Temporary (Humanitarian Concern) (Class UO)

(1) Form: Nil.

(2) Visa application charge: Nil.

(3) Subclasses:

786 (Temporary (Humanitarian Concern))

Note See regulation 2.07AC for how an application for a Temporary (Humanitarian Concern) (Class UO) visa is taken to have been validly made.

[5] Schedule 2, after Part 785

insert

Subclass 786 Temporary (Humanitarian Concern)

786.1 Interpretation

Note No interpretation provisions specific to this Part.

786.2 Primary criteria

Note All applicants must satisfy the primary criteria.

786.21 Criteria to be satisfied at time of application

786.211 The applicant is the holder of a Temporary Safe Haven (Class UJ) visa.

786.22 Criteria to be satisfied at time of decision

786.221 The Minister is satisfied that, for reasons of humanitarian concern, the applicant should be permitted to remain in Australia for a further period.

786.222 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;

786.223 (1) Subject to subclause (2), the applicant has undergone a chest x-ray examination conducted by a medical practitioner who is qualified as a radiologist in Australia.

(2) Subclause (1) does not apply to an applicant if the applicant:

(a) is under 16 years of age and is not a person in respect of whom a Commonwealth Medical Officer has requested such an examination; or

(b) is a person:

(i) who is confirmed by a Commonwealth Medical Officer to be pregnant; and

(ii) who has been examined for tuberculosis by a chest clinic officer employed by a health authority of a State or Territory; and

(iii) who has signed an undertaking to place herself under the professional supervision of a health authority in a State or Territory and to undergo any necessary treatment; and

(iv) who the Minister is satisfied should not be required to undergo a chest x-ray examination at this time.

786.224 The applicant satisfies public interest criterion 4001 or, if the applicant is unable to satisfy that criterion because the appropriate inquiries have not been completed, the applicant declares in writing, to the satisfaction of the Minister, that the applicant:

(a) does not have a criminal record; and

(b) is not a terrorist; and

(d) will assist Immigration by attempting to obtain any relevant records relating to the applicant.

786.225 The applicant satisfies public interest criteria 4002 and 4003.

786.3 Secondary criteria

Note All applicants must satisfy the primary criteria.

786.4 Circumstances applicable to grant

786.411 The applicant must be in Australia.

786.5 When visa is in effect

786.511 Temporary visa permitting the holder to remain in, but not re-enter, Australia until the earlier of:

(a) the end of 36 months from the date of grant of the visa; and

(b) the end of any shorter period determined in writing by the Minister from the date of grant of the visa.

786.6 Conditions

786.611 The holder must notify Immigration of any change in the holder’s address at least 2 working days before the change.

786.612 The holder must not become involved in any disruptive activity, or violence, that may be a threat to the welfare of the Australian community or a group in the Australian community.

786.7 Way of giving evidence

786.711 Visa label affixed to a valid passport.

[6] Schedule 2, subclause 866.227 (2)

substitute

(2) The applicant meets the requirements of this subclause if the applicant, or a member of the family unit of the applicant, is not a person who has been offered a temporary stay in Australia by the Australian Government for the purpose of an application for a Temporary Safe Haven (Class UJ) visa as provided for in regulation 2.07AC.

[7] Schedule 2, after clause 866.228

insert

866.229 If the applicant, or a member of the family unit of the applicant, has been offered a temporary stay in Australia by the Australian Government for the purpose of an application for a Temporary (Humanitarian Concern) (Class UO) visa as provided for in regulation 2.07AC, the offer was made:

(a) more than 30 months before the time of decision; or

(b) if a shorter period was specified in writing by the Minister, more than that period before the time of decision.