Migration Regulations 1994

The applicant:

is subject to persecution in the applicant’s home country and is living in the applicant’s home country; or

meets the requirements of subclause (1A); or

meets the requirements of subclause (2); or

is covered by subitem 1402(3B) of Schedule 1.

The applicant meets the requirements of this subclause if:

the Minister has specified, in an instrument in writing, one or more classes of persons for this paragraph; and

a relevant Minister has certified that the applicant is:

in one of those classes; and

at risk of harm for a reason, or reasons, that relate to the applicant being in that class of persons.

Before making the instrument mentioned in paragraph (1A)(a), the Minister must consult:

the Prime Minister; and

the Finance Minister; and

any other relevant Minister that has an interest in the specification of that class of persons or that is affected by the specification.

A relevant Minister may, in writing, delegate the relevant Minister’s powers to certify an applicant for the purposes of paragraph (1A)(b) to:

in the case of a relevant Minister other than the Attorney‑General:

the Secretary of the Department administered by the relevant Minister; or

an SES employee, or acting SES employee, in the Department administered by the relevant Minister; or

in the case of the Attorney‑General:

the Secretary of the Department administered by the Attorney‑General; or

an SES employee, or acting SES employee, in the Department administered by the Attorney‑General; or

the Commissioner of the Australian Federal Police; or

a Deputy Commissioner of the Australian Federal Police; or

a senior executive AFP employee (within the meaning of the Australian Federal Police Act 1979).

Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.

The applicant meets the requirements of this subclause if:

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 201 visa; and

the application is made within 5 years of the grant of that visa; and

on the date of grant of that visa, the applicant was a member of the immediate family of the proposer; and

the applicant continues to be a member of the immediate family of the proposer; and

before the grant of that visa, that relationship was declared to Immigration.