Commonwealth Numbered Regulations

1992 No. 367 MIGRATION (1993) REGULATIONS - REG 1.10

1.10. (1) A person is an orphan relative of a person who is an Australian
citizen or an Australian permanent resident if:

   (a)  the first-mentioned person:

        (i)    has not turned 18; and

        (ii)   is unmarried; and

        (iii)  is a relative of the second-mentioned person; and

   (b)  each of the parents of the first-mentioned person is unable to care
        for him or her by reason of one of the circumstances set out in
        subregulation (2); and

   (c)  it is in the best interests of the first-mentioned person if he or she
        settles with relatives in Australia.

(2) The circumstances referred to in paragraph (1) (b) are the following:

   (a)  being dead; and

   (b)  being of unknown whereabouts; and

   (c)  being for any reason (including being permanently incapacitated)
        incapable of caring for a child.