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This is a Bill, not an Act. For current law, see the Acts databases.
2002
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Migration
Legislation Amendment (Contributory Parents Migration Scheme) Bill
2002
No. ,
2002
(Immigration and Multicultural and Indigenous
Affairs)
A Bill for an Act to amend the law
relating to migration, and for related purposes
Contents
Migration Act
1958 4
Migration Regulations
1994 5
Migration Regulations
1994 31
A Bill for an Act to amend the law relating to migration,
and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Migration Legislation Amendment
(Contributory Parents Migration Scheme) Act 2002.
(1) Each provision of this Act specified in column 1 of the table
commences, or is taken to have commenced, on the day or at the time specified in
column 2 of the table.
|
Commencement information |
||
|---|---|---|
|
Column 1 |
Column 2 |
Column 3 |
|
Provision(s) |
Commencement |
Date/Details |
|
1. Sections 1 to 3 and anything in this Act not elsewhere covered by
this table |
The day on which this Act receives the Royal Assent |
|
|
2. Schedule 1 |
Immediately after the commencement of the Migration (Visa Application)
Charge Amendment Act 2002 |
|
|
3. Schedule 2 |
A single day to be fixed by Proclamation, subject to subsections (3)
and (4) |
|
|
4. Schedule 3 |
A single day to be fixed by Proclamation, subject to subsections (3)
and (4) |
|
Note: This table relates only to the provisions of this Act
as originally passed by the Parliament and assented to. It will not be expanded
to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table is for additional information that is not part
of this Act. This information may be included in any published version of this
Act.
(3) A Proclamation under item 3 or 4 of the table must not specify a
day that occurs before the day on which the Migration (Visa Application)
Charge Amendment Act 2002 commences.
(4) If a provision covered by item 3 or 4 of the table does not
commence within the period of 6 months beginning on the day on which this Act
receives the Royal Assent, that provision is repealed on the first day after the
end of that period.
(1) Each Act, and each regulation, that is specified in a Schedule to this
Act is amended or repealed as set out in the applicable items in the Schedule
concerned, and any other item in a Schedule to this Act has effect according to
its terms.
(2) The amendment of any regulation under subsection (1) does not
prevent the regulation, as so amended, from being amended or repealed by the
Governor-General.
(3) To avoid doubt, regulations amended under subsection (1) are
taken to still be regulations.
1 Subsection 5(1) (definition of visa
application charge limit)
Omit “section 5 of”.
2 Subsection 45B(1) (note)
Omit “section 5 of”.
3 At the end of
section 45B
Add:
(3) The Minister must publish the Contributory Parent Visa Composite Index
(within the meaning of the Migration (Visa Application) Charge Act 1997)
for a financial year in the Gazette before the start of the financial
year.
Note: The Contributory Parent Visa Composite Index affects
the visa application charge limit in relation to contributory parent visas
(within the meaning of the Migration (Visa Application) Charge Act
1997).
(4) If the Contributory Parent Visa Composite Index for a financial year
is not published as required by subsection (3), it is not to be taken,
merely because of that fact, to be invalid or to be a figure other than that
published by the Australian Government Actuary for the financial
year.
[1] Regulation 1.03, after definition of
parent
insert
parent visa means a visa of a class that is specified in
Schedule 1 using the word ‘parent’ in the title of the
visa.
[2] After subregulation 1.12
(2)
insert
(3) In addition to subregulation (1), a person is a member of the family
unit of an applicant for a Contributory Parent (Migrant) (Class CA) visa, being
an applicant who was the holder of a Subclass 173 (Contributory Parent
(Temporary)) visa at the time of application, if:
(a) the person was a member of the family unit of the applicant, in
accordance with subregulation (1), at the time of application for the
Contributory Parent (Temporary) (Class UT) visa; and
(b) the person was, in accordance with subregulation (1):
(i) a dependent child; or
(ii) dependent on the family head; and
(c) since the time of application for the Contributory Parent (Temporary)
(Class UT) visa, the person has ceased to be:
(i) a dependent child; or
(ii) dependent on the family head.
(4) In addition to subregulation (1), a person is a member of the family
unit of an applicant for a Contributory Aged Parent (Residence) (Class DG) visa,
being an applicant who was the holder of a Subclass 884 (Contributory Aged
Parent (Temporary)) visa at the time of application, if:
(a) the person was a member of the family unit of the applicant, in
accordance with subregulation (1), at the time of application for the
Contributory Aged Parent (Temporary) (Class UU) visa; and
(b) the person was, in accordance with subregulation (1):
(i) a dependent child; or
(ii) dependent on the family head; and
(c) since the time of application for the Contributory Aged Parent
(Temporary) (Class UU) visa, the person has ceased to be:
(i) a dependent child; or
(ii) dependent on the family head.
[3] After subregulation 2.07AG
(2)
insert
(3) For section 46 of the Act, an application for a substantive visa
by a person who has, at any time since last entering Australia, held a Subclass
173 (Contributory Parent (Temporary)) visa is a valid application only if the
application is for:
(a) a Contributory Parent (Migrant) (Class CA) visa; or
(b) a Medical Treatment (Visitor) (Class UB) visa; or
(c) a protection visa.
(4) For section 46 of the Act, an application for a substantive visa
by a person who has, at any time since last entering Australia, held a Subclass
884 (Contributory Aged Parent (Temporary)) visa is a valid application only if
the application is for:
(a) a Contributory Aged Parent (Residence) (Class DG) visa; or
(b) a Medical Treatment (Visitor) (Class UB) visa; or
(c) a protection visa.
[4] Paragraph 2.08A (2A) (c)
omit
visa.
insert
visa; or
[5] After paragraph 2.08A (2A)
(c)
insert
(d) a Contributory Parent (Migrant) (Class CA) visa, being an applicant
who holds a Subclass 173 (Contributory Parent (Temporary)) visa at the time of
the application; or
(e) a Contributory Aged Parent (Residence) (Class DG) visa, being an
applicant who holds a Subclass 884 (Contributory Aged Parent (Temporary)) visa
at the time of the application.
[6] Paragraph 2.36 (1) (b)
substitute
(b) if the application to which the assurance relates is an application
for a Contributory Parent (Migrant) (Class CA) or Contributory Aged Parent
(Residence) (Class DG) visa — has effect for 10 years from the later
of:
(i) the day when the person enters Australia; or
(ii) the day when the person is granted the relevant visa; and
(c) in any other case — has effect for 2 years from the later
of:
(i) the day when the person enters Australia; or
(ii) the day when the person is granted the relevant visa.
[7] Subregulation 2.39 (4)
substitute
(4) The amount of a bond is:
(a) unless paragraph (b) or (c) applies — $3 500; or
(b) unless paragraph (c) applies, if the application to which the
assurance relates depends on another person holding or being granted a visa of
the same class as that sought in the application — $1 500; or
(c) if the application to which the assurance relates is an application
for a Contributory Parent (Migrant) (Class CA) or Contributory Aged Parent
(Residence) (Class DG) visa:
(i) for an applicant seeking to satisfy the primary criteria for grant of
the visa — $10 000; or
(ii) for an applicant seeking to satisfy the secondary criteria for grant
of the visa — $4 000.
[8] Paragraph 4.14 (2) (b)
omit
mark.
insert
mark; or
[9] After paragraph 4.14 (2)
(b)
insert
(c) in relation to an application for a parent visa — the
applicant:
(i) applied for another parent visa after lodging the application for
review; and
(ii) wants to have a decision made on the application for the other parent
visa.
[10] Schedule 1, after paragraph 1124 (3)
(aa)
insert
(ab) If the applicant has previously made a valid application for another
parent visa:
(i) a decision to grant or to refuse to grant that visa has been made;
or
(ii) the application for that visa has been withdrawn.
[11] Schedule 1, after paragraph 1124A (3)
(b)
insert
(ba) If the applicant has previously made a valid application for another
parent visa:
(i) a decision to grant or to refuse to grant that visa has been made;
or
(ii) the application for that visa has been withdrawn.
[12] Schedule 1, after
item 1129
insert
1130. Contributory Parent (Migrant) (Class
CA)
(1) Form:
(a) If the applicant is the holder of a Subclass 173 (Contributory Parent
(Temporary)) visa: 47PT
(b) In any other case: 47PA.
(2) Visa application charge:
(a) First instalment (payable at the time application is made):
(i) For an applicant who is the holder of a Subclass 173 (Contributory
Parent (Temporary)) visa at the time of application: $160
(ii) For an applicant who:
(A) made a valid application for a Parent (Migrant) (Class AX) visa before
the day on which this item commences; and
(B) withdrew that application at the same time as making the application
for the Contributory Parent (Migrant) (Class CA) visa: Nil
(iii) In any other case: $1 175
(b) Second instalment (payable before grant of visa):
(i) For an applicant who is the holder of a Subclass 173 (Contributory
Parent (Temporary)) visa at the time of application: $10 000
(ii) For an applicant who is the holder of a Subclass 173 (Contributory
Parent (Temporary)) visa at the time of application, and:
(A) is the natural or adopted child, or step-child, of an applicant for a
Contributory Parent (Migrant) (Class CA) visa; and
(B) had not turned 18 at the time of application for a Contributory Parent
(Temporary) (Class UT) visa: Nil
(iii) For an applicant who:
(A) is a dependent child of an applicant for a Contributory Parent
(Migrant) (Class CA) visa; and
(B) has not turned 18 at the time of application: $1 050
(iv) In any other case: $25 000.
(3) Other:
(a) If the applicant is in Australia, and is the holder of a Subclass 173
(Contributory Parent (Temporary)) visa at the time of application, application
must be made in Australia but not in immigration clearance.
(b) If the applicant is not mentioned in paragraph (a), application
must be made by:
(i) posting the application (with the correct pre-paid postage) to the
post office box address specified in a Gazette Notice for this subparagraph;
or
(ii) having the application delivered by a courier service to the address
specified in a Gazette Notice for this subparagraph.
(c) If the applicant has previously made a valid application for another
parent visa:
(i) a decision to grant or to refuse to grant that visa has been made;
or
(ii) the application for that visa has been withdrawn.
(d) Application by a person claiming to be a member of the family unit of
a person who is an applicant for a Contributory Parent (Migrant) (Class CA) visa
may be made at the same time and place as, and combined with, the application by
that person.
(e) Application by a person:
(i) holding a Subclass 173 (Contributory Parent (Temporary)) visa at the
time of application; and
(ii) claiming to be a member of the family unit of a person who is an
applicant for a Contributory Parent (Migrant) (Class CA) visa
may be made at the same time, and combined with, the application by that
person.
(4) Subclasses:
143 (Contributory Parent)
[13] Schedule 1, after
item 1220A
insert
1221. Contributory Parent (Temporary) (Class
UT)
(1) Form: 47PA.
(2) Visa application charge:
(a) First instalment (payable at the time application is made):
(i) For an applicant who:
(A) made a valid application for a Parent (Migrant) (Class AX) visa before
the day on which this item commences; and
(B) withdrew that application at the same time as making the application
for the Contributory Parent (Temporary) (Class UT) visa: Nil
(ii) In any other case: $1 175
(b) Second instalment (payable before grant of visa):
(i) For an applicant who:
(A) is a dependent child of an applicant for a Contributory Parent
(Temporary) (Class UT) visa; and
(B) has not turned 18 at the time of application: $1 050
(ii) In any other case: $15 000.
(3) Other:
(a) Application must be made by:
(i) posting the application (with the correct pre-paid postage) to the
post office box address specified in a Gazette Notice for this subparagraph;
or
(ii) having the application delivered by a courier service to the address
specified in a Gazette Notice for this subparagraph.
(b) Application by a person claiming to be a member of the family unit of
a person who is an applicant for a Contributory Parent (Temporary) (Class UT)
visa may be made at the same time and place as, and combined with, the
application by that person.
(4) Subclasses:
173 (Contributory Parent (Temporary))
[14] Schedule 1, subitem 1301
(1)
after
47PA,
insert
47PT,
[15] Schedule 1, subitem 1303
(1)
omit
47SP,
insert
47PT, 47SP,
[16] Schedule 1, subitem 1305
(1)
omit
47SP,
insert
47PT, 47SP,
[17] Schedule 2, after
clause 103.228
insert
103.229 If the applicant has previously made a valid application for
another parent visa:
(a) the application has been:
(i) finally determined (within the meaning of subsection 5 (9) of the
Migration Act 1958); or
(ii) withdrawn; and
(b) any of the following has occurred in relation to the application for
that visa:
(i) each decision that has been made in respect of the application is not,
or is no longer, subject to any form of:
(A) review by the Administrative Appeals Tribunal; or
(B) judicial review proceedings (including proceedings on appeal);
(ii) a decision that has been made in respect of the application was
subject to:
(A) review by the Administrative Appeals Tribunal; or
(B) judicial review proceedings (including proceedings on appeal);
but the period within which such a review or such review proceedings
could be instituted has ended without a review or review proceedings having been
instituted as prescribed;
(iii) if the applicant has applied for:
(A) review by the Migration Review Tribunal; or
(B) review by the Administrative Appeals Tribunal; or
(C) judicial review proceedings (including proceedings on appeal);
the applicant has withdrawn all applications for the review or review
proceedings.
[18] Schedule 2, after
clause 103.326
insert
103.327 If the applicant has previously made a valid application for
another parent visa:
(a) the application has been:
(i) finally determined (within the meaning of subsection 5 (9) of the
Migration Act 1958); or
(ii) withdrawn; and
(b) any of the following has occurred in relation to the application for
that visa:
(i) each decision that has been made in respect of the application is not,
or is no longer, subject to any form of:
(A) review by the Administrative Appeals Tribunal; or
(B) judicial review proceedings (including proceedings on appeal);
(ii) a decision that has been made in respect of the application was
subject to:
(A) review by the Administrative Appeals Tribunal; or
(B) judicial review proceedings (including proceedings on appeal);
but the period within which such a review or such review proceedings
could be instituted has ended without a review or review proceedings having been
instituted as prescribed;
(iii) if the applicant has applied for:
(A) review by the Migration Review Tribunal; or
(B) review by the Administrative Appeals Tribunal; or
(C) judicial review proceedings (including proceedings on appeal);
the applicant has withdrawn all applications for the review or review
proceedings.
[19] Schedule 2, after
Part 139
insert
Subclass 143 Contributory
Parent
143.1 Interpretation
Note Australian permanent resident, aged
parent, eligible New Zealand citizen, close
relative, guardian, parent, parent
visa, settled and spouse are defined in
regulation 1.03, and balance of family test is defined in
regulation 1.05. There are no interpretation provisions specific to this
Part.
143.2 Primary
criteria
Note The primary criteria must be satisfied by at least 1 member
of a family unit. The other members of the family unit who are applicants for a
visa of this subclass need satisfy only the secondary criteria.
143.21 Criteria to be satisfied at time of
application
143.211 The applicant is:
(a) a parent of a person (the child) who is:
(i) a settled Australian citizen; or
(ii) a settled Australian permanent resident; or
(iii) a settled eligible New Zealand citizen; or
(b) a person who:
(i) is the holder of a Subclass 173 (Contributory Parent (Temporary)) visa
at the time of application; and
(ii) is no longer the parent of a child described in paragraph (a)
because the child has died; and
(iii) is not the parent of another child described in
paragraph (a).
143.212 (1) The applicant is:
(a) sponsored in accordance with subclause (2) or (3); or
(b) taken, under subclause (4), to be sponsored in accordance with
this clause.
(2) If the child has turned 18, the applicant is sponsored by:
(a) the child; or
(b) the child’s cohabiting spouse, if that spouse:
(i) has turned 18; and
(ii) is:
(A) a settled Australian citizen; or
(B) a settled Australian permanent resident; or
(C) a settled eligible New Zealand citizen.
(3) If the child has not turned 18, the applicant is sponsored
by:
(a) the child’s cohabiting spouse, if that spouse:
(i) has turned 18; and
(ii) is:
(A) a settled Australian citizen; or
(B) a settled Australian permanent resident; or
(C) a settled eligible New Zealand citizen; or
(b) a person who:
(i) is a close relative or guardian of the child; and
(ii) has turned 18; and
(iii) is:
(A) a settled Australian citizen; or
(B) a settled Australian permanent resident; or
(C) a settled eligible New Zealand citizen; or
(c) if the child has a cohabiting spouse but the spouse has not turned 18
— a person who:
(i) is a close relative or guardian of the child’s spouse;
and
(ii) has turned 18; and
(iii) is:
(A) a settled Australian citizen; or
(B) a settled Australian permanent resident; or
(C) a settled eligible New Zealand citizen; or
(d) a community organisation.
(4) The applicant is taken to be sponsored in accordance with this
clause if:
(a) the applicant is the holder of a Subclass 173 (Contributory Parent
(Temporary)) visa at the time of application; and
(b) the person who sponsored the applicant for the Subclass 173
(Contributory Parent (Temporary)) visa dies before the Subclass 173
(Contributory Parent (Temporary)) visa ceases to be in effect; and
(c) there is no other sponsor available who could meet the requirements
set out in subclause (2) or (3).
143.213 If the applicant is not the holder of a Subclass 173 (Contributory
Parent (Temporary)) visa at the time of application, the applicant satisfies the
balance of family test.
143.22 Criteria to be satisfied at time of
decision
143.221 The applicant continues to meet the requirements set out in
clause 143.211.
143.222 Either:
(a) for an applicant who is sponsored in accordance with subclause 143.212
(2) or (3) — the sponsorship has been approved by the Minister and is
still in force in relation to:
(i) for an applicant who was the holder of a Subclass 173 (Contributory
Parent (Temporary)) visa at the time of application:
(A) the sponsor at the time of application; or
(B) another sponsor who meets the requirements set out in subclause
143.212 (2) or (3); or
(ii) in any other case — the sponsor at the time of application;
or
(b) all of the following apply:
(i) the applicant was the holder of a Subclass 173 (Contributory Parent
(Temporary)) visa at the time of application;
(ii) a sponsor of the applicant who usually resides in Australia dies
before a decision is made to grant, or to refuse to grant, the Subclass 143
(Contributory Parent) visa;
(iii) there is no other sponsor available who meets the requirements set
out in subclause 143.212 (2) or (3).
143.223 If the applicant was not the holder of a Subclass 173 (Contributory
Parent (Temporary)) visa at the time of application, the applicant continues to
satisfy the balance of family test.
143.224 The applicant satisfies public interest criteria 4001, 4002 and
4003.
143.225 If the applicant was not the holder of a Subclass 173 (Contributory
Parent (Temporary)) visa at the time of application, the applicant satisfies
public interest criteria 4004, 4005, 4009 and 4010.
143.226 If the applicant was the holder of a Subclass 173 (Contributory
Parent (Temporary)) visa at the time of application, the applicant has undergone
any health checks that the Minister considers appropriate.
143.227 If the applicant has previously been in Australia, the applicant
satisfies special return criteria 5001, 5002 and 5010.
143.228 An assurance of support in relation to the applicant has been
given, and has been accepted by the Minister.
143.229 If the applicant was not the holder of a Subclass 173 (Contributory
Parent (Temporary)) visa at the time of application, each member of the family
unit of the applicant who is an applicant for a Subclass 143 (Contributory
Parent) visa is a person who:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009
and 4010; and
(b) if he or she has previously been in Australia, satisfies special
return criteria 5001, 5002 and 5010.
143.230 If the applicant was not the holder of a Subclass 173 (Contributory
Parent (Temporary)) visa at the time of application, each member of the family
unit of the applicant who is not an applicant for a Subclass 143 (Contributory
Parent) visa is a person who:
(a) satisfies public interest criteria 4001, 4002, 4003 and 4004;
and
(b) satisfies public interest criterion 4005, unless the Minister is
satisfied that it would be unreasonable to require the person to undergo
assessment for that criterion.
143.231 If a person (the additional applicant):
(a) is a member of the family unit of the applicant; and
(b) has not turned 18; and
(c) made a combined application with the applicant;
public interest criteria 4015 and 4016 are satisfied in relation to the
additional applicant.
143.232 If the applicant has previously made a valid application for
another parent visa:
(a) the application has been:
(i) finally determined (within the meaning of subsection 5 (9) of the
Migration Act 1958); or
(ii) withdrawn; and
(b) any of the following has occurred in relation to the application for
that visa:
(i) each decision that has been made in respect of the application is not,
or is no longer, subject to any form of:
(A) review by the Administrative Appeals Tribunal; or
(B) judicial review proceedings (including proceedings on appeal);
(ii) a decision that has been made in respect of the application was
subject to:
(A) review by the Administrative Appeals Tribunal; or
(B) judicial review proceedings (including proceedings on appeal);
but the period within which such a review or such review proceedings
could be instituted has ended without a review or review proceedings having been
instituted as prescribed;
(iii) if the applicant has applied for:
(A) review by the Migration Review Tribunal; or
(B) review by the Administrative Appeals Tribunal; or
(C) judicial review proceedings (including proceedings on appeal);
the applicant has withdrawn all applications for the review or review
proceedings.
143.3 Secondary
criteria
143.31 Criteria to be satisfied at time of
application
143.311 The applicant is a member of the family unit of, and made a
combined application with, a person who satisfies the primary criteria in
Subdivision 143.21.
143.312 Either:
(a) the sponsorship, mentioned in subclause 143.212 (2) or (3), of the
person who satisfies the primary criteria includes sponsorship of the applicant;
or
(b) the person who satisfies the primary criteria, and the applicant, meet
the requirements of subclause 143.212 (4).
143.32 Criteria to be satisfied at time of
decision
143.321 The applicant continues to be a member of the family unit of a
person who, having satisfied the primary criteria, is the holder of a Subclass
143 visa.
143.322 Either:
(a) the sponsorship, mentioned in paragraph 143.222 (a), that includes
sponsorship of the applicant:
(i) has been approved by the Minister in relation to the applicant; and
(ii) is still in force in relation to the applicant; or
(b) the person who satisfied the primary criteria at the time of decision
met the requirements of paragraph 143.222 (b) at the time of decision, and the
applicant meets those requirements at the time of decision.
143.323 The applicant satisfies public interest criteria 4001, 4002 and
4003.
143.324 For an applicant who was not the holder of a Subclass 173
(Contributory Parent (Temporary)) visa at the time of application, the applicant
satisfies public interest criteria 4004, 4005, 4009 and 4010.
143.325 For an applicant who was the holder of a Subclass 173 (Contributory
Parent (Temporary)) visa at the time of application, the applicant has undergone
any health checks that the Minister considers appropriate.
143.326 If the applicant has previously been in Australia, the applicant
satisfies special return criteria 5001, 5002 and 5010.
143.327 Either:
(a) the applicant is included in the assurance of support given in respect
of the person who satisfies the primary criteria, and that assurance has been
accepted by the Minister; or
(b) an assurance of support has been given in relation to the applicant,
and has been accepted by the Minister.
143.328 If the applicant has not turned 18, public interest criteria 4017
and 4018 are satisfied in relation to the applicant.
143.329 If the applicant has previously made a valid application for
another parent visa:
(a) the application has been:
(i) finally determined (within the meaning of subsection 5 (9) of the
Migration Act 1958); or
(ii) withdrawn; and
(b) any of the following has occurred in relation to the application for
that visa:
(i) each decision that has been made in respect of the application is not,
or is no longer, subject to any form of:
(A) review by the Administrative Appeals Tribunal; or
(B) judicial review proceedings (including proceedings on appeal);
(ii) a decision that has been made in respect of the application was
subject to:
(A) review by the Administrative Appeals Tribunal; or
(B) judicial review proceedings (including proceedings on appeal);
but the period within which such a review or such review proceedings
could be instituted has ended without a review or review proceedings having been
instituted as prescribed;
(iii) if the applicant has applied for:
(A) review by the Migration Review Tribunal; or
(B) review by the Administrative Appeals Tribunal; or
(C) judicial review proceedings (including proceedings on appeal);
the applicant has withdrawn all applications for the review or review
proceedings.
143.4 Circumstances applicable to
grant
143.411 If the applicant is the holder of a Subclass 173 (Contributory
Parent (Temporary)) visa at the time of application, the applicant may be in or
outside Australia, but not in immigration clearance, when the visa is
granted.
143.412 If the applicant is not the holder of a Subclass 173 (Contributory
Parent (Temporary)) visa at the time of application, the applicant must be
outside Australia when the visa is granted.
Note The second instalment of the visa application charge
must be paid before the visa can be granted.
143.5 When visa is in
effect
143.511 Permanent visa permitting the holder to travel to and enter
Australia for 5 years after the date of grant.
143.6 Conditions
143.611 If the applicant is outside Australia when the visa is granted,
first entry must be made before a date specified by the Minister for the
purpose.
143.612 Either or both of conditions 8502 and 8515 may be
imposed.
143.7 Way of giving
evidence
143.711 Visa label affixed to a valid passport.
[20] Schedule 2, after
Part 159
insert
Subclass 173 Contributory Parent
(Temporary)
173.1 Interpretation
Note Australian permanent resident, aged
parent, eligible New Zealand citizen, close
relative, guardian, parent, parent
visa, settled and spouse are defined in
regulation 1.03, and balance of family test is defined in
regulation 1.05. There are no interpretation provisions specific to this
Part.
173.2 Primary
criteria
Note The primary criteria must be satisfied by at least 1 member
of a family unit. The other members of the family unit who are applicants for a
visa of this subclass need satisfy only the secondary criteria.
173.21 Criteria to be satisfied at time of
application
173.211 The applicant is a parent of a person (the child) who
is:
(a) a settled Australian citizen; or
(b) a settled Australian permanent resident; or
(c) a settled eligible New Zealand citizen.
173.212 (1) The applicant is sponsored in accordance with
subclause (2) or (3).
(2) If the child has turned 18, the applicant is sponsored by:
(a) the child; or
(b) the child’s cohabiting spouse, if that spouse:
(i) has turned 18; and
(ii) is:
(A) a settled Australian citizen; or
(B) a settled Australian permanent resident; or
(C) a settled eligible New Zealand citizen.
(3) If the child has not turned 18, the applicant is sponsored
by:
(a) the child’s cohabiting spouse, if that spouse:
(i) has turned 18; and
(ii) is:
(A) a settled Australian citizen; or
(B) a settled Australian permanent resident; or
(C) a settled eligible New Zealand citizen; or
(b) a person who:
(i) is a close relative or guardian of the child; and
(ii) has turned 18; and
(iii) is:
(A) a settled Australian citizen; or
(B) a settled Australian permanent resident; or
(C) a settled eligible New Zealand citizen; or
(c) if the child has a cohabiting spouse but the spouse has not turned 18
— a person who:
(i) is a close relative or guardian of the child’s spouse;
and
(ii) has turned 18; and
(iii) is:
(A) a settled Australian citizen; or
(B) a settled Australian permanent resident; or
(C) a settled eligible New Zealand citizen; or
(d) a community organisation.
173.213 The applicant satisfies the balance of family test.
173.22 Criteria to be satisfied at time of
decision
173.221 The applicant continues to satisfy the criterion in
clause 173.211.
173.222 Sponsorship in accordance with clause 173.212 has been
approved by the Minister and is still in force.
173.223 The applicant continues to satisfy the balance of family
test.
173.224 The applicant satisfies public interest criteria 4001, 4002, 4003,
4004, 4005, 4009 and 4010.
173.225 If the applicant has previously been in Australia, the applicant
satisfies special return criteria 5001, 5002 and 5010.
173.226 Each member of the family unit of the applicant who is an applicant
for a Subclass 173 (Contributory Parent (Temporary)) visa is a person
who:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009
and 4010; and
(b) if he or she has previously been in Australia, satisfies special
return criteria 5001, 5002 and 5010.
173.227 Each member of the family unit of the applicant who is not an
applicant for a Subclass 173 (Contributory Parent (Temporary)) visa is a person
who:
(a) satisfies public interest criteria 4001, 4002, 4003 and 4004;
and
(b) satisfies public interest criterion 4005, unless the Minister is
satisfied that it would be unreasonable to require the person to undergo
assessment for that criterion.
173.228 If a person (the additional applicant):
(a) is a member of the family unit of the applicant; and
(b) has not turned 18; and
(c) made a combined application with the applicant;
public interest criteria 4015 and 4016 are satisfied in relation to the
additional applicant.
173.229 If the applicant has previously made a valid application for
another parent visa:
(a) the application has been:
(i) finally determined (within the meaning of subsection 5 (9) of the
Migration Act 1958); or
(ii) withdrawn; and
(b) any of the following has occurred in relation to the application for
that visa:
(i) each decision that has been made in respect of the application is not,
or is no longer, subject to any form of:
(A) review by the Administrative Appeals Tribunal; or
(B) judicial review proceedings (including proceedings on appeal);
(ii) a decision that has been made in respect of the application was
subject to:
(A) review by the Administrative Appeals Tribunal; or
(B) judicial review proceedings (including proceedings on appeal);
but the period within which such a review or such review proceedings
could be instituted has ended without a review or review proceedings having been
instituted as prescribed;
(iii) if the applicant has applied for:
(A) review by the Migration Review Tribunal; or
(B) review by the Administrative Appeals Tribunal; or
(C) judicial review proceedings (including proceedings on appeal);
the applicant has withdrawn all applications for the review or review
proceedings.
173.3 Secondary
criteria
173.31 Criteria to be satisfied at time of
application
173.311 The applicant is a member of the family unit of, and made a
combined application with, a person who satisfies the primary criteria in
Subdivision 173.21.
173.312 The sponsorship mentioned in clause 173.212 of the person who
satisfies the primary criteria includes sponsorship of the applicant.
173.32 Criteria to be satisfied at time of
decision
173.321 The applicant continues to be a member of the family unit of a
person who, having satisfied the primary criteria, is the holder of a Subclass
173 (Contributory Parent (Temporary)) visa.
173.322 Sponsorship in accordance with clause 173.312 has been
approved by the Minister and is still in force.
173.323 The applicant satisfies public interest criteria 4001, 4002, 4003,
4004, 4005, 4009 and 4010.
173.324 If the applicant has previously been in Australia, the applicant
satisfies special return criteria 5001, 5002 and 5010.
173.325 If the applicant has not turned 18, public interest criteria 4017
and 4018 are satisfied in relation to the applicant.
173.326 If the applicant has previously made a valid application for
another parent visa:
(a) the application has been:
(i) finally determined (within the meaning of subsection 5 (9) of the
Migration Act 1958); or
(ii) withdrawn; and
(b) any of the following has occurred in relation to the application for
that visa:
(i) each decision that has been made in respect of the application is not,
or is no longer, subject to any form of:
(A) review by the Administrative Appeals Tribunal; or
(B) judicial review proceedings (including proceedings on appeal);
(ii) a decision that has been made in respect of the application was
subject to:
(A) review by the Administrative Appeals Tribunal; or
(B) judicial review proceedings (including proceedings on appeal);
but the period within which such a review or such review proceedings
could be instituted has ended without a review or review proceedings having been
instituted as prescribed;
(iii) if the applicant has applied for:
(A) review by the Migration Review Tribunal; or
(B) review by the Administrative Appeals Tribunal; or
(C) judicial review proceedings (including proceedings on appeal);
the applicant has withdrawn all applications for the review or review
proceedings.
173.4 Circumstances applicable to
grant
173.411 The applicant must be outside Australia when the visa is
granted.
Note The second instalment of the visa application charge
must be paid before the visa can be granted.
173.5 When visa is in
effect
173.511 Temporary visa permitting the holder to travel to, enter and remain
in Australia for 2 years from a date specified by the Minister for the
purpose.
173.6 Conditions
173.611 First entry must be made before a date specified by the Minister
for the purpose.
173.612 Either or both of conditions 8502 and 8515 may be
imposed.
173.7 Way of giving
evidence
173.711 Visa label affixed to a valid passport.
[21] Schedule 2, paragraph 773.213 (2)
(zq)
omit
(Class DE).
substitute
(Class DE);
[22] Schedule 2, after paragraph 773.213 (2)
(zq)
insert
(zr) Contributory Parent (Migrant) (Class CA);
(zs) Contributory Aged Parent (Residence) (Class DG).
[23] Schedule 2, paragraph 773.213 (3)
(l)
omit
(Class TZ).
substitute
(Class TZ);
[24] Schedule 2, after paragraph 773.213 (3)
(l)
insert
(m) Contributory Parent (Temporary) (Class UT);
(n) Contributory Aged Parent (Temporary) (Class UU).
[1] Schedule 1, after
item 1130
insert
1130A. Contributory Aged Parent (Residence)
(Class DG)
(1) Form:
(a) If the applicant is the holder of a Subclass 884 (Contributory Aged
Parent (Temporary)) visa: 47PT
(b) In any other case: 47PA.
(2) Visa application charge:
(a) First instalment (payable at the time application is made):
(i) For an applicant who:
(A) made a valid application for an Aged Parent (Residence) (Class BP)
visa before the day on which this item commences; and
(B) withdrew that application at the same time as making the application
for the Contributory Aged Parent (Residence) (Class DG) visa: Nil
(ii) For an applicant who is the holder of a Subclass 884 (Contributory
Aged Parent (Temporary)) visa at the time of application: $160
(iii) In any other case: $1 745
(b) Second instalment (payable before grant of visa):
(i) For an applicant who is the holder of a Subclass 884 (Contributory
Aged Parent (Temporary)) visa at the time of application: $10 000
(ii) For an applicant who is the holder of a Subclass 884 (Contributory
Aged Parent (Temporary)) visa at the time of application, and:
(A) is the natural or adopted child, or step-child, of an applicant for a
Contributory Aged Parent (Residence) (Class DG) visa; and
(B) had not turned 18 at the time of application for a Contributory Aged
Parent (Temporary) (Class UU) visa: Nil
(iii) For an applicant who:
(A) is a dependent child of an applicant for a Contributory Aged Parent
(Residence) (Class DG) visa; and
(B) has not turned 18 at the time of application: $1 050
(iv) In any other case: $25 000.
(3) Other:
(a) Application must be made in Australia but not in immigration
clearance.
(b) Applicant must be in Australia but not in immigration
clearance.
(c) If the applicant has previously made a valid application for another
parent visa:
(i) a decision to grant or to refuse to grant that visa has been made;
or
(ii) the application for that visa has been withdrawn.
(d) Application by a person claiming to be a member of the family unit of
a person who is an applicant for a Contributory Aged Parent (Residence) (Class
DG) visa may be made at the same time and place as, and combined with, the
application by that person.
(4) Subclasses:
864 (Contributory Aged Parent)
[2] Schedule 1, after
item 1221
insert
1221A. Contributory Aged Parent (Temporary)
(Class UU)
(1) Form: 47PA.
(2) Visa application charge:
(a) First instalment (payable at the time application is made):
(i) For an applicant who:
(A) made a valid application for an Aged Parent (Residence) (Class BP)
visa before the day on which this item commences; and
(B) withdrew that application at the same time as making the application
for the Contributory Aged Parent (Temporary) (Class UU) visa: Nil
(ii) In any other case: $1 745
(b) Second instalment (payable before grant of visa):
(i) For an applicant who:
(A) is a dependent child of an applicant for a Contributory Aged Parent
(Temporary) (Class UU) visa; and
(B) has not turned 18 at the time of application: $1 050
(ii) In any other case: $15 000
(3) Other:
(a) Application must be made in Australia but not in immigration
clearance.
(b) Applicant must be in Australia but not in immigration
clearance.
(c) If the applicant has previously made a valid application for another
parent visa:
(i) a decision to grant or to refuse to grant that visa has been made;
or
(ii) the application for that visa has been withdrawn.
(d) Application by a person claiming to be a member of the family unit of
a person who is an applicant for a Contributory Aged Parent (Temporary) (Class
UU) visa may be made at the same time and place as, and combined with, the
application by that person.
(4) Subclasses:
884 (Contributory Aged Parent (Temporary))
[3] Schedule 2, after
clause 804.227
insert
804.228 If the applicant has previously made a valid application for
another parent visa:
(a) the application has been:
(i) finally determined (within the meaning of subsection 5 (9) of the
Migration Act 1958); or
(ii) withdrawn; and
(b) any of the following has occurred in relation to the application for
that visa:
(i) each decision that has been made in respect of the application is not,
or is no longer, subject to any form of:
(A) review by the Administrative Appeals Tribunal; or
(B) judicial review proceedings (including proceedings on appeal);
(ii) a decision that has been made in respect of the application was
subject to:
(A) review by the Administrative Appeals Tribunal; or
(B) judicial review proceedings (including proceedings on appeal);
but the period within which such a review or such review proceedings
could be instituted has ended without a review or review proceedings having been
instituted as prescribed;
(iii) if the applicant has applied for:
(A) review by the Migration Review Tribunal; or
(B) review by the Administrative Appeals Tribunal; or
(C) judicial review proceedings (including proceedings on appeal);
the applicant has withdrawn all applications for the review or review
proceedings.
[4] Schedule 2, after
clause 804.325
insert
804.326 If the applicant has previously made a valid application for
another parent visa:
(a) the application has been:
(i) finally determined (within the meaning of subsection 5 (9) of the
Migration Act 1958); or
(ii) withdrawn; and
(b) any of the following has occurred in relation to the application for
that visa:
(i) each decision that has been made in respect of the application is not,
or is no longer, subject to any form of:
(A) review by the Administrative Appeals Tribunal; or
(B) judicial review proceedings (including proceedings on appeal);
(ii) a decision that has been made in respect of the application was
subject to:
(A) review by the Administrative Appeals Tribunal; or
(B) judicial review proceedings (including proceedings on appeal);
but the period within which such a review or such review proceedings
could be instituted has ended without a review or review proceedings having been
instituted as prescribed;
(iii) if the applicant has applied for:
(A) review by the Migration Review Tribunal; or
(B) review by the Administrative Appeals Tribunal; or
(C) judicial review proceedings (including proceedings on appeal);
the applicant has withdrawn all applications for the review or review
proceedings.
[5] Schedule 2, after
Part 863
insert
Subclass 864 Contributory Aged
Parent
864.1 Interpretation
Note Australian permanent resident, aged
parent, eligible New Zealand citizen, close
relative, guardian, parent, parent
visa, settled and spouse are defined in
regulation 1.03, and balance of family test is defined in
regulation 1.05. There are no interpretation provisions specific to this
Part.
864.2 Primary criteria
Note The primary criteria must be satisfied by at least 1 member
of a family unit. The other members of the family unit who are applicants for a
visa of this subclass need satisfy only the secondary criteria.
864.21 Criteria to be satisfied at time of
application
864.211 (1) The applicant:
(a) is the holder of a substantive visa (other than a Subclass 771
(Transit) visa); or
(b) is a person who:
(i) is not the holder of a substantive visa; and
(ii) immediately before ceasing to hold a substantive visa, was not the
holder of a Subclass 771 (Transit) visa; and
(c) satisfies criterion 3002.
(2) Subclause (1) does not apply to an applicant if the applicant
withdrew an application for a Subclass 804 (Aged Parent) visa at the time of
making the application for the Subclass 864 (Contributory Aged Parent)
visa.
864.212 The applicant is:
(a) the aged parent of a person (the child) who
is:
(i) a settled Australian citizen; or
(ii) a settled Australian permanent resident; or
(iii) a settled eligible New Zealand citizen; or
(b) a person who:
(i) is the holder of a Subclass 884 (Contributory Aged Parent (Temporary))
visa at the time of application; and
(ii) is no longer the parent of a child described in paragraph (a)
because the child has died; and
(iii) is not the parent of another child described in
paragraph (a).
864.213 (1) The applicant is:
(a) sponsored in accordance with subclause (2) or (3); or
(b) taken, under subclause (4), to be sponsored in accordance with
this clause.
(2) If the child has turned 18, the applicant is sponsored by:
(a) the child; or
(b) the child’s cohabiting spouse, if the spouse:
(i) has turned 18; and
(ii) is:
(A) a settled Australian citizen; or
(B) a settled Australian permanent resident; or
(C) a settled eligible New Zealand citizen.
(3) If the child has not turned 18, the applicant is sponsored
by:
(a) the child’s cohabiting spouse, if the spouse:
(i) has turned 18; and
(ii) is:
(A) a settled Australian citizen; or
(B) a settled Australian permanent resident; or
(C) a settled eligible New Zealand citizen; or
(b) a person who:
(i) is a close relative or guardian of the child; and
(ii) has turned 18; and
(iii) is:
(A) a settled Australian citizen; or
(B) a settled Australian permanent resident; or
(C) a settled eligible New Zealand citizen; or
(c) if the child has a cohabiting spouse but the spouse has not turned 18
— a person who:
(i) is a close relative or guardian of the child’s spouse;
and
(ii) has turned 18; and
(iii) is:
(A) a settled Australian citizen; or
(B) a settled Australian permanent resident; or
(C) a settled eligible New Zealand citizen; or
(d) a community organisation.
(4) The applicant is taken to be sponsored in accordance with this
clause if:
(a) the applicant is the holder of a Subclass 884 (Contributory Aged
Parent (Temporary)) visa at the time of application; and
(b) the person who sponsored the applicant for the Subclass 884
(Contributory Aged Parent (Temporary)) visa dies before the Subclass 884
(Contributory Aged Parent (Temporary)) visa ceases to be in effect;
and
(c) there is no other sponsor available who could meet the requirements
set out in subclause (2) or (3).
864.214 If the applicant is not the holder of a Subclass 884 (Contributory
Aged Parent (Temporary)) visa at the time of application, the applicant
satisfies the balance of family test.
864.22 Criteria to be satisfied at time of
decision
864.221 The applicant continues to meet the requirements set out in
clause 864.212.
864.222 Either:
(a) for an applicant who is sponsored in accordance with subclause 864.213
(2) or (3) — the sponsorship has been approved by the Minister and is
still in force in relation to:
(i) for an applicant who was the holder of a Subclass 884 (Contributory
Aged Parent (Temporary)) visa at the time of
application:
(A) the sponsor at the time of application; or
(B) another sponsor who meets the requirements set out in subclause
864.213 (2) or (3); or
(ii) in any other case — the sponsor at the time of application;
or
(b) all of the following apply:
(i) the applicant was the holder of a Subclass 884 (Contributory Aged
Parent (Temporary)) visa at the time of application;
(ii) a sponsor of the applicant who usually resides in Australia dies
before a decision is made to grant, or to refuse to grant, the Subclass 864
(Contributory Aged Parent) visa;
(iii) there is no other sponsor available who meets the requirements set
out in subclause 864.213 (2) or (3).
864.223 If the applicant was not the holder of a Subclass 884 (Contributory
Aged Parent (Temporary)) visa at the time of application, the applicant
satisfies:
(a) the balance of family test; and
(b) public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010.
864.224 If the applicant was the holder of a Subclass 884 (Contributory
Aged Parent (Temporary)) visa at the time of application, the
applicant:
(a) satisfies public interest criteria 4001, 4002 and 4003; and
(b) has undergone any health checks that the Minister considers
appropriate.
864.225 If the applicant has previously been in Australia, the applicant
satisfies special return criteria 5001, 5002 and 5010.
864.226 An assurance of support in relation to the applicant has been
given, and has been accepted by the Minister.
864.227 If the applicant was not the holder of a Subclass 884 (Contributory
Aged Parent (Temporary)) visa at the time of application, each member of the
family unit of the applicant who is an applicant for a Subclass 864
(Contributory Aged Parent) visa is a person who:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009
and 4010; and
(b) if he or she has previously been in Australia, satisfies special
return criteria 5001, 5002 and 5010.
864.228 If the applicant was not the holder of a Subclass 884 (Contributory
Aged Parent (Temporary)) visa at the time of application, each member of the
family unit of the applicant who is not an applicant for a Subclass 864
(Contributory Aged Parent) visa is a person who:
(a) satisfies public interest criteria 4001, 4002, 4003 and 4004;
and
(b) satisfies public interest criterion 4005, unless the Minister is
satisfied that it would be unreasonable to require the person to undergo
assessment for that criterion.
864.229 If a person (the additional applicant):
(a) is a member of the family unit of the applicant; and
(b) has not turned 18; and
(c) made a combined application with the applicant;
public interest criteria 4015 and 4016 are satisfied in relation to the
additional applicant.
864.230 If the applicant has previously made a valid application for
another parent visa:
(a) the application has been:
(i) finally determined (within the meaning of subsection 5 (9) of the
Migration Act 1958); or
(ii) withdrawn; and
(b) any of the following has occurred in relation to the application for
that visa:
(i) each decision that has been made in respect of the application is not,
or is no longer, subject to any form of:
(A) review by the Administrative Appeals Tribunal; or
(B) judicial review proceedings (including proceedings on appeal);
(ii) a decision that has been made in respect of the application was
subject to:
(A) review by the Administrative Appeals Tribunal; or
(B) judicial review proceedings (including proceedings on appeal);
but the period within which such a review or such review proceedings
could be instituted has ended without a review or review proceedings having been
instituted as prescribed;
(iii) if the applicant has applied for:
(A) review by the Migration Review Tribunal; or
(B) review by the Administrative Appeals Tribunal; or
(C) judicial review proceedings (including proceedings on appeal);
the applicant has withdrawn all applications for the review or review
proceedings.
864.3 Secondary criteria
864.31 Criteria to be satisfied at time of
application
864.311 The applicant is a member of the family unit of, and made a
combined application with, a person who satisfies the primary criteria in
Subdivision 864.21.
864.312 Either:
(a) the sponsorship, mentioned in subclause 864.213 (2) or (3), of the
person who satisfies the primary criteria includes sponsorship of the applicant;
or
(b) the person who satisfies the primary criteria, and the applicant, meet
the requirements of subclause 864.213 (4).
864.32 Criteria to be satisfied at time of
decision
864.321 The applicant is a member of the family unit of a person who,
having satisfied the primary criteria, is the holder of a Subclass 864
(Contributory Aged Parent) visa.
864.322 Either:
(a) the sponsorship, mentioned in paragraph 864.222 (a), that includes
sponsorship of the applicant:
(i) has been approved by the Minister in relation to the applicant; and
(ii) is still in force in relation to the applicant; or
(b) the person who satisfied the primary criteria at the time of decision
met the requirements of paragraph 864.222 (b) at the time of decision, and the
applicant meets those requirements at the time of decision.
864.323 The applicant satisfies public interest criteria 4001, 4002 and
4003.
864.324 If the applicant was not the holder of a Subclass 884 (Contributory
Aged Parent (Temporary)) visa at the time of application, the applicant
satisfies public interest criteria 4004, 4005, 4009 and 4010.
864.325 If the applicant was the holder of a Subclass 884 (Contributory
Aged Parent (Temporary)) visa at the time of application, the applicant has
undergone any health checks that the Minister considers appropriate.
864.326 If the applicant has previously been in Australia, the applicant
satisfies special return criteria 5001, 5002 and 5010.
864.327 Either:
(a) the applicant is included in the assurance of support given in respect
of the person who satisfies the primary criteria, and that assurance has been
accepted by the Minister; or
(b) an assurance of support has been given in relation to the applicant,
and has been accepted by the Minister.
864.328 If the applicant has not turned 18, public interest criteria 4017
and 4018 are satisfied in relation to the applicant.
864.329 If the applicant has previously made a valid application for
another parent visa:
(a) the application has been:
(i) finally determined (within the meaning of subsection 5 (9) of the
Migration Act 1958); or
(ii) withdrawn; and
(b) any of the following has occurred in relation to the application for
that visa:
(i) each decision that has been made in respect of the application is not,
or is no longer, subject to any form of:
(A) review by the Administrative Appeals Tribunal; or
(B) judicial review proceedings (including proceedings on appeal);
(ii) a decision that has been made in respect of the application was
subject to:
(A) review by the Administrative Appeals Tribunal; or
(B) judicial review proceedings (including proceedings on appeal);
but the period within which such a review or such review proceedings
could be instituted has ended without a review or review proceedings having been
instituted as prescribed;
(iii) if the applicant has applied for:
(A) review by the Migration Review Tribunal; or
(B) review by the Administrative Appeals Tribunal; or
(C) judicial review proceedings (including proceedings on appeal);
the applicant has withdrawn all applications for the review or review
proceedings.
864.4 Circumstances applicable to grant
864.411 The applicant must be in Australia, but not in immigration
clearance when the visa is granted.
Note The second instalment of the visa application charge
must be paid before the visa can be granted.
864.5 When visa is in effect
864.511 Permanent visa permitting the holder to travel to and enter
Australia for 5 years from the date of grant.
864.6 Conditions: Nil.
864.7 Way of giving evidence
864.711 Visa label affixed to a passport.
[6] Schedule 2, after
Part 882
insert
Subclass 884 Contributory Aged Parent
(Temporary)
884.1 Interpretation
Note Australian permanent resident, aged
parent, eligible New Zealand citizen, close
relative, guardian, parent, parent
visa, settled and spouse are defined in
regulation 1.03, and balance of family test is defined in
regulation 1.05. There are no interpretation provisions specific to this
Part.
884.2 Primary criteria
Note The primary criteria must be satisfied by at least 1 member
of a family unit. The other members of the family unit who are applicants for a
visa of this subclass need satisfy only the secondary criteria.
884.21 Criteria to be satisfied at time of
application
884.211 (1) The applicant:
(a) is the holder of a substantive visa (other than a Subclass 771
(Transit) visa); or
(b) is a person who:
(i) is not the holder of a substantive visa; and
(ii) immediately before ceasing to hold a substantive visa, was not the
holder of a Subclass 771 (Transit) visa; and
(c) satisfies criterion 3002.
(2) Subclause (1) does not apply to an applicant if the applicant
withdrew an application for a Subclass 804 (Aged Parent) visa at the time of
making the application for the Subclass 884 (Contributory Aged Parent
(Temporary)) visa.
884.212 (1) The applicant:
(a) is the aged parent of a person (the child) who
is:
(i) a settled Australian citizen; or
(ii) a settled Australian permanent resident; or
(iii) a settled eligible New Zealand citizen; and
(b) is sponsored in accordance with subclause (2) or (3).
(2) If the child has turned 18, the applicant is sponsored by:
(a) the child; or
(b) the child’s cohabiting spouse, if the spouse:
(i) has turned 18; and
(ii) is:
(A) a settled Australian citizen; or
(B) a settled Australian permanent resident; or
(C) a settled eligible New Zealand citizen.
(3) If the child has not turned 18, the applicant is sponsored
by:
(a) the child’s cohabiting spouse, if the spouse:
(i) has turned 18; and
(ii) is:
(A) a settled Australian citizen; or
(B) a settled Australian permanent resident; or
(C) a settled eligible New Zealand citizen; or
(b) a person who:
(i) is a close relative or guardian of the child; and
(ii) has turned 18; and
(iii) is:
(A) a settled Australian citizen; or
(B) a settled Australian permanent resident; or
(C) a settled eligible New Zealand citizen; or
(c) if the child has a cohabiting spouse but the spouse has not turned 18
— a person who:
(i) is a close relative or guardian of the child’s spouse;
and
(ii) has turned 18; and
(iii) is:
(A) a settled Australian citizen; or
(B) a settled Australian permanent resident; or
(C) a settled eligible New Zealand citizen; or
(d) a community organisation.
884.213 The applicant satisfies the balance of family test.
884.22 Criteria to be satisfied at time of
decision
884.221 The applicant continues to satisfy the criterion in subclause
884.212 (1).
884.222 Sponsorship in accordance with clause 884.212 has been
approved by the Minister and is still in force.
884.223 The applicant continues to satisfy the balance of family test.
884.224 The applicant satisfies public interest criteria 4001, 4002, 4003,
4004, 4005, 4009 and 4010.
884.225 If the applicant has previously been in Australia, the applicant
satisfies special return criteria 5001, 5002 and 5010.
884.226 Each member of the family unit of the applicant who is an applicant
for a Subclass 884 (Contributory Aged Parent (Temporary)) visa is a person
who:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009
and 4010; and
(b) if he or she has previously been in Australia, satisfies special
return criteria 5001, 5002 and 5010.
884.227 Each member of the family unit of the applicant who is not an
applicant for a Subclass 884 (Contributory Aged Parent (Temporary)) visa is a
person who:
(a) satisfies public interest criteria 4001, 4002, 4003 and 4004; and
(b) satisfies public interest criterion 4005, unless the Minister is
satisfied that it would be unreasonable to require the person to undergo
assessment for that criterion.
884.228 If a person (the additional applicant):
(a) is a member of the family unit of the applicant; and
(b) has not turned 18; and
(c) made a combined application with the applicant;
public interest criteria 4015 and 4016 are satisfied in relation to the
additional applicant.
884.229 If the applicant has previously made a valid application for
another parent visa:
(a) the application has been:
(i) finally determined (within the meaning of subsection 5 (9) of the
Migration Act 1958); or
(ii) withdrawn; and
(b) any of the following has occurred in relation to the application for
that visa:
(i) each decision that has been made in respect of the application is not,
or is no longer, subject to any form of:
(A) review by the Administrative Appeals Tribunal; or
(B) judicial review proceedings (including proceedings on appeal);
(ii) a decision that has been made in respect of the application was
subject to:
(A) review by the Administrative Appeals Tribunal; or
(B) judicial review proceedings (including proceedings on appeal);
but the period within which such a review or such review proceedings
could be instituted has ended without a review or review proceedings having been
instituted as prescribed;
(iii) if the applicant has applied for:
(A) review by the Migration Review Tribunal; or
(B) review by the Administrative Appeals Tribunal; or
(C) judicial review proceedings (including proceedings on appeal);
the applicant has withdrawn all applications for the review or review
proceedings.
884.3 Secondary criteria
884.31 Criteria to be satisfied at time of
application
884.311 The applicant is a member of the family unit of, and made a
combined application with, a person who satisfies the primary criteria in
Subdivision 884.21.
884.312 The sponsorship mentioned in clause 884.212 of the person who
satisfies the primary criteria includes sponsorship of the applicant.
884.32 Criteria to be satisfied at time of
decision
884.321 The applicant is a member of the family unit of a person who,
having satisfied the primary criteria, is the holder of a Subclass 884
(Contributory Aged Parent (Temporary)) visa.
884.322 Sponsorship in accordance with clause 884.312 has been
approved by the Minister and is still in force.
884.323 The applicant satisfies public interest criteria 4001, 4002, 4003,
4004, 4005, 4009 and 4010.
884.324 If the applicant has not turned 18, public interest criteria 4017
and 4018 are satisfied in relation to the applicant.
884.325 If the applicant has previously made a valid application for
another parent visa:
(a) the application has been:
(i) finally determined (within the meaning of subsection 5 (9) of the
Migration Act 1958); or
(ii) withdrawn; and
(b) any of the following has occurred in relation to the application for
that visa:
(i) each decision that has been made in respect of the application is not,
or is no longer, subject to any form of:
(A) review by the Administrative Appeals Tribunal; or
(B) judicial review proceedings (including proceedings on appeal);
(ii) a decision that has been made in respect of the application was
subject to:
(A) review by the Administrative Appeals Tribunal; or
(B) judicial review proceedings (including proceedings on appeal);
but the period within which such a review or such review proceedings
could be instituted has ended without a review or review proceedings having been
instituted as prescribed;
(iii) if the applicant has applied for:
(A) review by the Migration Review Tribunal; or
(B) review by the Administrative Appeals Tribunal; or
(C) judicial review proceedings (including proceedings on appeal);
the applicant has withdrawn all applications for the review or review
proceedings.
884.326 If the applicant has previously been in Australia, the applicant
satisfies special return criteria 5001, 5002 and 5010.
884.4 Circumstances applicable to grant
884.411 The applicant must be in Australia, but not in immigration
clearance, when the visa is granted.
Note The second instalment of the visa application charge
must be paid before the visa can be granted.
884.5 When visa is in
effect
884.511 Temporary visa permitting the holder to travel to, enter and remain
in Australia for 2 years from a date specified by the Minister for the purpose.
884.6 Conditions: Nil.
884.7 Way of giving evidence
884.711 Visa label affixed to a passport.