602.212
The requirements in one of subclauses (2) to (8) are met.
Medical treatment
All of the following requirements are met:
the applicant seeks to obtain medical treatment (including consultation), other than treatment for the purposes of surrogate motherhood, in Australia;
arrangements have been concluded to carry out the treatment;
if the treatment is an organ transplant:
the donor of the relevant organ is accompanying the applicant to Australia; or
all requisite arrangements to effect the donation of the organ have been concluded in Australia;
the applicant is free from a disease or condition that is, or may result in the applicant being, a threat to public health in Australia or a danger to the Australian community;
arrangements have been concluded for the payment of all costs related to the treatment and all other expenses of the applicant’s stay in Australia, including the expenses of any person accompanying the applicant;
either:
the payment of those costs will not be a charge on the Commonwealth, a State, a Territory or a public authority in Australia; or
evidence is produced that the relevant government authority has approved the payment of those costs.
Organ donor
All of the following requirements are met:
the applicant seeks to donate an organ for transplant in Australia;
if the organ recipient is also an applicant, the requirements described in subclause (2) are met in relation to the organ recipient;
the applicant satisfies public interest criterion 4005;
arrangements have been concluded for the payment of all costs related to the organ transplant and all other expenses of the applicant’s stay in Australia, including the expenses of any person accompanying the applicant;
either:
the payment of those costs will not be a charge on the Commonwealth, a State, a Territory or a public authority in Australia; or
evidence is produced that the relevant government authority has approved the payment of those costs.
Support person
All of the following requirements are met:
the applicant seeks to give emotional and other support to an applicant in relation to whom:
the requirements described in subclause (2) or (3) are met; or
the requirements described in subclause 675.212(2) or (3) are met; or
the requirements described in subclause 685.212(2) or (3) are met;
the person to whom the applicant is to provide support holds:
a Subclass 602 visa on the basis that the requirements described in subclause (2) or (3) have been met; or
a Subclass 675 (Medical Treatment (Short Stay)) visa on the basis that the requirements described in subclause 675.212(2) or (3) have been met; or
a Subclass 685 (Medical Treatment (Long Stay)) visa on the basis that the requirements described in subclause 685.212(2) or (3) have been met;
the applicant satisfies public interest criterion 4005.
Western Province of Papua New Guinea
All of the following requirements are met:
the applicant is a citizen of Papua New Guinea;
the applicant resides in the Western Province of Papua New Guinea;
the Department of the government of Queensland that is responsible for health has approved the medical evacuation of the applicant to, or treatment of the applicant in, a hospital in Queensland.
Unfit to depart
All of the following requirements are met:
the applicant is in Australia;
the applicant has turned 50;
the applicant has applied for a permanent visa while in Australia;
the applicant appears to have met all the criteria for the grant of that visa, other than public interest criteria related to health;
the applicant has been refused the visa;
the applicant is medically unfit to depart Australia due to a permanent or deteriorating disease or health condition, as evidenced by a written statement to that effect from a Medical Officer of the Commonwealth.
Financial hardship
All of the following requirements are met:
one of the following applies:
the requirements described in paragraphs (2)(a) to (c) are met in relation to the applicant;
the requirements described in paragraphs (3)(a) and (b) are met in relation to the applicant;
the requirements described in paragraphs (4)(a) and (b) are met in relation to the applicant;
the requirements described in subclause (5) are met in relation to the applicant;
the requirements described in paragraphs (6)(a) to (e) are met in relation to the applicant;
the applicant is in Australia;
the applicant holds:
a Subclass 602 visa; or
a Subclass 675 (Medical Treatment (Short Stay)) visa; or
a Subclass 685 (Medical Treatment (Long Stay)) visa;
the applicant is suffering financial hardship as a result of changes in the applicant’s circumstances after entering Australia;
the applicant, or a member of the applicant’s immediate family, is likely to become a charge on the Commonwealth, a State, a Territory or a public authority in Australia;
the applicant, or a member of the applicant’s immediate family, cannot leave Australia for reasons beyond his or her control;
the applicant has compelling personal reasons to work in Australia;
the applicant satisfies public interest criterion 4005.
Compelling personal reasons
All of the following requirements are met:
one of the following applies:
the requirements described in paragraphs (2)(a) to (c) are met in relation to the applicant;
the requirements described in paragraphs (3)(a) and (b) are met in relation to the applicant;
the requirements described in paragraphs (4)(a) and (b) are met in relation to the applicant;
the requirements described in subclause (5) are met in relation to the applicant;
the requirements described in paragraphs (6)(a) to (e) are met in relation to the applicant;
the applicant is in Australia;
the applicant has compelling personal reasons for the grant of the visa;
the applicant satisfies public interest criterion 4005, other than paragraph 4005(1)(c).
This Act’s bill:Explanatory statement
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