Commonwealth Numbered Regulations

MIGRATION REGULATIONS (AMENDMENT) 1998 No. 36 - REG 6

Note 1 The Note following the Division 851.1 heading should be replaced by the
following note: "[NOTE: 'dependent child' is defined in regulation 1.03,
'member of the family unit' in regulation 1.12, and 'member of the immediate
family' in regulation 1.12AA. There are no interpretation provisions specific
to this Part.]". Note 2 The Note following the Division 851.2 heading should
be replaced by the following note: "[NOTE: The primary criteria must be
satisfied by at least 1 person. The members of the immediate family of the
person who satisfies the primary criteria and the dependent children of the
spouse of that person, being members or children who are applicants for a visa
of this Subclass, need satisfy only the secondary criteria.]".

6.1 Clause 851.224:
After "of the applicant", insert ", and each dependent child of the spouse of
the applicant,". Note The Note following the Division 851.3 heading should be
replaced by the following note: "[NOTE: If an applicant satisfies the primary
criteria, a member of the immediate family of the applicant, or a dependent
child of the spouse of that applicant, who is an applicant for a visa of this
Subclass, is also eligible for the grant of the visa if the member or child
satisfies the secondary criteria.]".

6.2 Subclause 851.321 (1):
Omit "(6) or (7).", substitute "(6), (7), (8), (9), (10), (11), (12) or
(13).".

6.3 Paragraph 851.321 (7) (a):
Omit "to the person of whose immediate family the applicant is a member; and",
substitute "to:

        (i)    the person of whose immediate family the applicant is a member;
               or

        (ii)   the person of whose family unit the applicant is a member;
               and".

6.4 Subclause 851.321 (8):
Omit the subclause, substitute:

"(8) An applicant meets the requirements of this subclause if:

   (a)  the applicant is the holder of a Subclass 450 or Subclass 850 visa;
        and

   (b)  at the time of the application, the applicant was a dependent child of
        a person who:

        (i)    sponsored the applicant as mentioned in clause 450.211; or

        (ii)   with whom the applicant has made (or is taken by regulation
               2.08B to have made) a combined application for a Subclass 851
               visa; and

   (c)  the applicant would meet the requirements of subclause (2) or (3)
        except that:

        (i)    the applicant has ceased to be a dependent child of the person
               because the applicant has turned 18; and

        (ii)   the person who would have satisfied the primary criteria has
               died; and

   (d)  the Minister is satisfied that the applicant has maintained close
        business, cultural or personal ties in Australia.

"(9) An applicant meets the requirements of this subclause if the applicant is
a person who:

   (a)  is the holder of a Subclass 450 visa; and

   (b)  is a dependent child, or a dependent child of a dependent child, of
        the spouse of a person who:

        (i)    sponsored the applicant as mentioned in clause 450.211; and

        (ii)   having satisfied the primary criteria, is the holder of a
               Subclass 851 visa.

"(10) An applicant meets the requirements of this subclause if: (a) the
applicant is:

        (i)    the holder of a Subclass 850 visa; and

        (ii)   a dependent child, or a dependent child of a dependent child,
               of the spouse of a person with whom the applicant has made a
               combined application for a Subclass 851 visa; and

   (b)  that other person, having satisfied the primary criteria, is the
        holder of a Subclass 851 visa.

"(11) An applicant meets the requirements of this subclause if:

   (a)  the applicant is the holder of a Subclass 450 or Subclass 850 visa;
        and

   (b)  at the time of the application, the applicant was a dependent child,
        or a dependent child of a dependent child, of the spouse of a person
        ('the principal holder') who, having satisfied the primary criteria,
        is the holder of a Subclass 851 visa; and

   (c)  either the principal holder:

        (i)    sponsored the applicant as mentioned in clause 450.211; or

        (ii)   is a person with whom the applicant has made a combined
               application for a Subclass 851 visa; and

   (d)  the applicant would meet the requirements of subclause (9) or (10)
        except that:

        (i)    the applicant has ceased to be a dependent child of the spouse
               of the principal holder; or

        (ii)   the person of whom the applicant was a dependent child at the
               time of the application has ceased to be a dependent child of
               the spouse of the principal holder; and

   (e)  if the applicant or the person of whom the applicant was a dependent
        child ceased to be a dependent child of the spouse of the principal
        holder because the spouse has diedÑthe Minister is satisfied that:

        (i)    either:

                (A)  the applicant would have continued to be a dependent
                     child of the spouse of the principal holder if the spouse
                     had not died; or

                (B)  the applicant is a dependent child of a person who would
                     have continued to be a dependent child of the spouse of
                     the principal holder if the spouse had not died; and

        (ii)   either:

                (A)  the spouse relationship between the spouse and the
                     principal holder would have continued; or

                (B)  if the spouse relationship between the spouse and the
                     principal holder had ceased before the death of the
                     spouseÑthe principal holder:

                (I)  has been granted joint custody or access by a court; or

                (II) has a residence order or contact order made under the
                     Family Law Act 1975; or

                (III) has an obligation under a child maintenance order made
                     under the Family Law Act 1975, or any other formal
                     maintenance obligation; in relation to the applicant; and

   (f)  if the applicant, or the person of whom the applicant was a dependent
        child, ceased to be a dependent child of the spouse of the principal
        holder because the applicant or the person has turned 18Ñeither:

        (i)    the spouse relationship between the spouse and the principal
               holder is continuing; or

        (ii)   if the spouse relationship between the spouse and the principal
               holder ceased after the applicant, or the person of whom the
               applicant was a dependent child, turned 18Ñthe Minister is
               satisfied that the spouse relationship between the spouse and
               the principal holder would have continued if the spouse had not
               died; or

        (iii)  if the spouse relationship between the spouse and the principal
               holder had ceased otherwise than because of the death of the
               spouseÑbefore the applicant, or the person of whom the
               applicant was a dependent child, turned 18, the principal
               holder:

                (A)  had been granted joint custody or access by a court; or

                (B)  had a residence order or contact order made under the
                     Family  Law Act 1975 ; or

                (C)  had an obligation under a child maintenance order made
                     under the Family Law Act 1975, or any other formal
                     maintenance obligation; in relation to the applicant.

"(12) An applicant meets the requirements of this subclause if:

   (a)  the applicant is the holder of a Subclass 450 or Subclass 850 visa;
        and

   (b)  the applicant would meet the requirements of subclause (9) or (10)
        except that the person who would have satisfied the primary criteria
        ('the principal person') has died; and

   (c)  the Minister is satisfied that the applicant has maintained close
        business, cultural or personal ties in Australia and either:

        (i)    the spouse relationship between the spouse and the principal
               person who would have satisfied the primary criteria would have
               continued; or

        (ii)   if the spouse relationship between the spouse and the principal
               person had ceased before the death of the principal personÑthe
               principal person:

                (A)  had been granted joint custody or access by a court; or

                (B)  had a residence order or contact order made under the
                     Family  Law Act 1975 ; or

                (C)  had an obligation under a child maintenance order made
                     under the Family Law Act 1975, or any other formal
                     maintenance obligation; in relation to the applicant.

"(13) An applicant meets the requirements of this subclause if:

   (a)  the applicant is the holder of a Subclass 450 or Subclass 850 visa;
        and

   (b)  at the time of the application, the applicant was a dependent child,
        or a dependent child of a dependent child, of the spouse of a person
        ('the principal person') who:

        (i)    sponsored the applicant as mentioned in clause 450.211; or

        (ii)   with whom the applicant has made a combined application for a
               Subclass 851 visa; and

   (c)  the applicant would meet the requirements of subclause (9) or (10)
        except that:

        (i)    the applicant, or the person of whom the applicant was a
               dependent child, has ceased to be a dependent child of the
               spouse of the principal person because the applicant, or the
               person of whom the applicant was a dependent child, has turned
               18; and

        (ii)   the principal person has died; and

   (d)  the Minister is satisfied that the applicant has maintained close
        business, cultural or personal ties in Australia.

"(14) In this clause, a person 'A' is a member of the immediate family of
another person 'B' if:

   (a)  A is a spouse of B; or

   (b)  A is a dependent child of B; or

   (c)  A is a parent of B, and B had not turned 18 at the time of the
        application; or

   (d)  A is a dependent child of a person who is, or has been, a dependent
        child of B.".