Commonwealth Consolidated Regulations

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MIGRATION REGULATIONS 1994 - REG 1.05A

Dependent

  (1)   Subject to subregulation   (2), a person (the first person ) is dependent on another person if:

  (a)   at the time when it is necessary to establish whether the first person is dependent on the other person:

  (i)   the first person is, and has been for a substantial period immediately before that time, wholly or substantially reliant on the other person for financial support to meet the first person's basic needs for food, clothing and shelter; and

  (ii)   the first person's reliance on the other person is greater than any reliance by the first person on any other person, or source of support, for financial support to meet the first person's basic needs for food, clothing and shelter; or

  (b)   the first person is wholly or substantially reliant on the other person for financial support because the first person is incapacitated for work due to the total or partial loss of the first person's bodily or mental functions.

  (2)   A person (the first person ) is dependent on another person for the purposes of an application for:

  (d)   a protection visa; or

  (ea)   a Refugee and Humanitarian (Class XB) visa; or

  (i)   a Temporary Safe Haven (Class UJ) visa;

if the first person is wholly or substantially reliant on the other person for financial, psychological or physical support.


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