Commonwealth Consolidated Regulations

MIGRATION REGULATIONS 1994 - REG 1.20K

  (1)   The Minister must not grant a Subclass 115 (Remaining Relative) visa or a Subclass 835 (Remaining Relative) visa to an applicant if the applicant is sponsored for the visa by a person:

  (a)   who is an Australian relative for the applicant; and

  (b)   to whom the Minister has granted any of the following:

  (i)   a Subclass 104 visa;

  (ii)   a Subclass 115 (Remaining Relative) visa;

  (iii)   a Subclass 806 visa;

  (iv)   a Subclass 835 (Remaining Relative) visa.

  (2)   The Minister must not grant a Subclass 115 (Remaining Relative) visa or a Subclass 835 (Remaining Relative) visa to an applicant if the applicant is sponsored for the visa by a person:

  (a)   who is an Australian relative for the applicant; and

  (b)   who has sponsored another applicant for any of the following:

  (i)   a Subclass 104 visa;

  (ii)   a Subclass 115 (Remaining Relative) visa;

  (iii)   a Subclass 806 visa;

  (iv)   a Subclass 835 (Remaining Relative) visa; and

  (c)   the Minister granted the visa to the other applicant.

  (3)   The Minister must not grant a Subclass 115 (Remaining Relative) visa or a Subclass 835 (Remaining Relative) visa to an applicant if:

  (a)   the applicant is sponsored for the visa by a person who is the spouse or   de   facto   partner of an Australian relative for the applicant; and

  (b)   the Australian relative for the applicant is a person to whom the Minister has granted any of the following:

  (i)   a Subclass 104 visa;

  (ii)   a Subclass 115 (Remaining Relative) visa;

  (iii)   a Subclass 806 visa;

  (iv)   a Subclass 835 (Remaining Relative) visa.

  (4)   The Minister must not grant a Subclass 115 (Remaining Relative) visa or a Subclass 835 (Remaining Relative) visa to an applicant if:

  (a)   the applicant is sponsored for the visa by a person who is the spouse or   de   facto   partner of an Australian relative for the applicant; and

  (b)   the Australian relative for the applicant has sponsored another applicant for any of the following:

  (i)   a Subclass 104 visa;

  (ii)   a Subclass 115 (Remaining Relative) visa;

  (iii)   a Subclass 806 visa;

  (iv)   a Subclass 835 (Remaining Relative) visa; and

  (c)   the Minister granted the visa to the other applicant.

  (5)   The Minister must not grant a Subclass 115 (Remaining Relative) visa or a Subclass 835 (Remaining Relative) visa to an applicant if:

  (a)   the applicant is sponsored for the visa by the spouse or   de   facto   partner of an Australian relative for the applicant; and

  (b)   the spouse or   de   facto   partner has sponsored another applicant who is a relative of the Australian relative for the applicant for any of the following:

  (i)   a Subclass 104 visa;

  (ii)   a Subclass 115 (Remaining Relative) visa;

  (iii)   a Subclass 806 visa;

  (iv)   a Subclass 835 (Remaining Relative) visa; and

  (c)   the Minister granted the visa to the other applicant.

  (6)   In this regulation:

"Subclass 104 visa" means a Subclass 104 (Preferential Family) visa that could have been granted by the Minister under these Regulations, as in force immediately before 1   November 1999.

"Subclass 806 visa" means a Subclass 806 (Family) visa that could have been granted by the Minister under these Regulations, as in force immediately before 1   November 1999.