Migration Regulations 1994

If the application does not include a proposal by an approved proposing organisation, 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; or

meets the requirements of subclause (2).

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); and

either:

the proposer is, or has been, the holder of a Subclass 202 visa, and the applicant was a member of the immediate family of the proposer on the date of grant of that visa; or

the proposer is, or has been, the holder of a Subclass 866 (Protection) visa, and the applicant was a member of the immediate family of the proposer on the date of application for that visa; or

the proposer is, or has been, the holder of a Resolution of Status (Class CD) visa, and the applicant was a member of the immediate family of the proposer on the date of application for that visa; and

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

the proposer is not a person mentioned in subregulation 2.07AM(5).