Commonwealth Numbered Regulations

1996 No. 211 MIGRATION REGULATIONS (AMENDMENT) - REG 48

(NOTE: The note relating to division 802.1 should be replaced by the following
note:

"(NOTE: 'eligible New Zealand citizen' and 'permanent humanitarian visa' are
defined in regulation 1.03. No interpretation provisions specific to this
Part.)".)

48.1 Paragraph 802.211 (d): Omit the paragraph, substitute:

"(d) either:

        (i)    has become a dependent child of an Australian citizen since
               last applying for an entry permit or a substantive visa; or

        (ii)   meets the requirements of subclause (2).".

48.2 Clause 802.211: Omit "If:", substitute "(1) If:".

48.3 Clause 802.211: Add at the end:

"(2) The applicant meets the requirements of this subclause if:

   (a)  the applicant has not turned 18 and was born outside Australia; and

   (b)  since last applying for an entry permit or a substantive visa, has
        become a dependent child of:

        (i)    a person who both:

                (A)  is an Australian permanent resident (other than an
                     Australian permanent resident who is, or has been, the
                     holder of a permanent humanitarian visa); and

                (B)  at the time the applicant was born, was the holder of a
                     permanent visa; or

        (ii)   an eligible New Zealand citizen.".

48.4 Clause 802.212: Omit the clause, substitute:

"802.212 (1) The applicant is a dependent child of, and is nominated for the
grant of the visa by, a person (in this clause called 'the nominator') who:

   (a)  is an Australian citizen; or

   (b)  meets the requirements of subclause (2), (3) or (4).

"(2) The nominator meets the requirements of this subclause if:

   (a)  the applicant has not turned 18 and was born outside Australia; and

   (b)  the nominator:

        (i)    both:

                (A)  is an Australian permanent resident (other than an
                     Australian permanent resident who is, or has been, the
                     holder of a permanent humanitarian visa); and

                (B)  at the time the applicant was born, was the holder of a
                     permanent visa; or

        (ii)   is an eligible New Zealand citizen.

"(3) The nominator meets the requirements of this subclause if:

   (a)  the nominator is an Australian permanent resident (other than an
        Australian permanent resident who is, or has been, the holder of a
        permanent humanitarian visa); and

   (b)  the applicant was included in the application for a permanent visa of
        the nominator.

"(4) The nominator meets the requirements of this subclause if:

   (a)  the applicant has not turned 18; and

   (b)  the nominator is:

        (i)    an Australian permanent resident (other than an Australian
               permanent resident who is, or has been, the holder of a
               permanent humanitarian visa); or

        (ii)   an eligible New Zealand citizen; and

   (c)  either:

        (i)    the nominator is granted custody of the applicant (whether by
               an order of the Family Court of Australia or under the laws of
               another country); or

        (ii)   both:

                (A)  a parent of the applicant who is not the nominator dies
                     or becomes incapable of caring for the applicant; and

                (B)  the Minister is satisfied that it is appropriate in the
                     circumstances for the visa to be granted.".

48.5 Clause 802.222: Omit the clause, substitute:

"802.222 If the applicant is a dependent child who has not turned 18:

   (a)  if so requested by the Minister, an assurance of support in relation
        to the applicant has been given; and

   (b)  the assurance of support has been accepted by the Minister.

"802.222A If the applicant is not an applicant referred to in clause 802.222,
an assurance of support in relation to the applicant has been given and has
been accepted by the Minister.".

48.6 Clause 802.323: Omit "an assurance of support has been requested by the
Minister", substitute "an assurance of support is requested under clause
802.222 or required under clause 802.222A". (NOTE: The following note should
be inserted after clause 802.41:

"(NOTE: Any applicable charge under the Migration (Health Services) Charge 
Act 1991 must be paid before the visa can be granted)".)