Commonwealth Numbered Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

MIGRATION AMENDMENT REGULATIONS 2005 (NO. 8) (SLI NO 221 OF 2005) - SCHEDULE 7

Amendments relating to remaining relatives

(regulation 3)

   

[1]           Regulation 1.15

substitute

1.15        Remaining relative

         (1)   An applicant for a visa is a remaining relative of another person who is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen if the applicant satisfies the Minister that:

                (a)    the other person is a parent, brother, sister, step-parent, step-brother or step-sister of the applicant; and

               (b)    the other person is usually resident in Australia; and

                (c)    the applicant, and the applicant's spouse (if any), have no near relatives other than near relatives who are:

                          (i)    usually resident in Australia; and

                         (ii)    Australian citizens, Australian permanent residents or eligible New Zealand citizens; and

               (d)    if the applicant is a child who:

                          (i)    has not turned 18; and

                         (ii)    has been adopted by an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen (the adoptive parent ) while overseas:

                        at the time of making the application, the adoptive parent has been residing overseas for a period of at least 12 months.

         (2)   In this regulation:

near relative , in relation to an applicant, means a person who is:

                (a)    a parent, brother, sister, step-parent, step-brother or step‑sister of the applicant or of the applicant's spouse (if any); or

               (b)    a child (including a step-child) of the applicant or of the applicant's spouse (if any), being a child who:

                          (i)    has turned 18 and is not a dependent child of the applicant or the applicant's spouse (if any); or

                         (ii)    has not turned 18 and is not wholly or substantially in the daily care and control of the applicant or the applicant's spouse (if any).

[2]           Schedule 2, clause 835.111, note

substitute

Note    dependent child , eligible New Zealand citizen and settled are defined in regulation 1.03, remaining relative is defined in regulation 1.15 and spouse  is defined in regulation 1.15A.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback