Commonwealth Consolidated Regulations

MIGRATION REGULATIONS 1994 - REG 2.08

  (1)   If:

  (a)   a non - citizen applies for a visa; and

  (b)   after the application is made, but before it is decided, a child, other than a contributory parent newborn child, is born to the non - citizen;

then:

  (c)   the child is taken to have applied for a visa of the same class at the time he or she was born; and

  (d)   the child's application is taken to be combined with the non - citizen's application.

  (2)   Despite any provision in Schedule   2, a child referred to in subregulation   (1):

  (a)   must satisfy the criteria to be satisfied at the time of decision; and

  (b)   at the time of decision must satisfy a criterion (if any) applicable at the time of application that an applicant must be sponsored, nominated or proposed.

Note:   Regulations   2.07AL and 2.08AA apply in relation to an application by a contributory parent newborn child.