Commonwealth Numbered Acts Commonwealth Numbered Acts[1] Schedule 1, after item 1130
insert
1130A. Contributory Aged Parent (Residence) (Class DG)
(1) Form:
(a) If the applicant is the holder of a Subclass 884 (Contributory Aged
Parent
(Temporary)) visa: 47PT
(b) In any other case: 47PA.
(2) Visa application charge:
(a) First instalment (payable at the time application is made):
(i) For an applicant who:
(A) made a valid application for an Aged Parent (Residence)
(Class BP) visa before the day on which this item
commences; and
(B) withdrew that application at the same time as making the
application for
the Contributory Aged Parent (Residence) (Class DG) visa: Nil
(ii) For an applicant who is the holder of a Subclass 884 (Contributory
Aged
Parent (Temporary)) visa at the time of application: $160
(iii) In any other case: $1 745
(b) Second instalment (payable before grant of visa):
(i) For an applicant who is the holder of a Subclass 884 (Contributory
Aged
Parent (Temporary)) visa at the time of application: $10 000
(ii) For an applicant who is the holder of a Subclass 884 (Contributory
Aged Parent (Temporary)) visa at the time of application, and:
(A) is the natural or adopted child, or step-child, of an
applicant for a Contributory Aged Parent (Residence)
(Class DG) visa; and
(B) had not turned 18 at the time of application for a
Contributory Aged
Parent (Temporary) (Class UU) visa: Nil
(iii) For an applicant who:
(A) is a dependent child of an applicant for a Contributory
Aged Parent (Residence) (Class DG) visa; and
(B) has not turned 18 at the time of application: $1 050
(iv) In any other case: $25 000.
(3) Other:
(a) Application must be made in Australia but not in immigration
clearance.
(b) Applicant must be in Australia but not in immigration clearance.
(c) If the applicant has previously made a valid application for another
parent visa:
(i) a decision to grant or to refuse to grant that visa has been made; or
(ii) the application for that visa has been withdrawn.
(d) Application by a person claiming to be a member of the family unit of
a person who is an applicant for a Contributory Aged Parent
(Residence) (Class DG) visa may be made at the same time and place as,
and combined with, the application by that person.
(4) Subclasses:
864 (Contributory Aged Parent)
[2] Schedule 1, after item 1221
insert
1221A. Contributory Aged
Parent (Temporary) (Class UU)
(1) Form: 47PA.
(2) Visa application charge:
(a) First instalment (payable at the time application is made):
(i) For an applicant who:
(A) made a valid application for an Aged Parent (Residence)
(Class BP) visa before the day on which this item
commences; and
(B) withdrew that application at the same time as making the
application for
the Contributory Aged Parent (Temporary) (Class UU) visa: Nil
(ii) In any other case: $1 745
(b) Second instalment (payable before grant of visa):
(i) For an applicant who:
(A) is a dependent child of an applicant for a Contributory
Aged Parent (Temporary) (Class UU) visa; and
(B) has not turned 18 at the time of application: $1 050
(ii) In any other case: $15 000
(3) Other:
(a) Application must be made in Australia but not in immigration
clearance.
(b) Applicant must be in Australia but not in immigration clearance.
(c) If the applicant has previously made a valid application for another
parent visa:
(i) a decision to grant or to refuse to grant that visa has been made; or
(ii) the application for that visa has been withdrawn.
(d) Application by a person claiming to be a member of the family unit of
a person who is an applicant for a Contributory Aged Parent
(Temporary) (Class UU) visa may be made at the same time and place as,
and combined with, the application by that person.
(4) Subclasses:
884 (Contributory Aged Parent (Temporary))
[3] Schedule 2, after clause 804.227
insert
804.228 If the
applicant has previously made a valid application for another parent visa:
(a) the application has been:
(i) finally determined (within the meaning of subsection 5 (9) of the
Migration Act 1958 ); or
(ii) withdrawn; and
(b) any of the following has occurred in relation to the application for
that visa:
(i) each decision that has been made in respect of the application is not,
or is no longer, subject to any form of:
(A) review by the Administrative Appeals Tribunal; or
(B) judicial review proceedings (including proceedings on
appeal);
(ii) a decision that has been made in respect of the application was
subject to:
(A) review by the Administrative Appeals Tribunal; or
(B) judicial review proceedings (including proceedings on
appeal);
but the period within which such a review or such review proceedings could be
instituted has ended without a review or review proceedings having been
instituted as prescribed;
(iii) if the applicant has applied for:
(A) review by the Migration Review Tribunal; or
(B) review by the Administrative Appeals Tribunal; or
(C) judicial review proceedings (including proceedings on
appeal);
the applicant has withdrawn all applications for the review or review
proceedings.
[4] Schedule 2, after clause 804.325
insert
804.326
If the applicant has previously made a valid application for another parent
visa:
(a) the application has been:
(i) finally determined (within the meaning of subsection 5 (9) of the
Migration Act 1958 ); or
(ii) withdrawn; and
(b) any of the following has occurred in relation to the application for
that visa:
(i) each decision that has been made in respect of the application is not,
or is no longer, subject to any form of:
(A) review by the Administrative Appeals Tribunal; or
(B) judicial review proceedings (including proceedings on
appeal);
(ii) a decision that has been made in respect of the application was
subject to:
(A) review by the Administrative Appeals Tribunal; or
(B) judicial review proceedings (including proceedings on
appeal);
but the period within which such a review or such review proceedings could be
instituted has ended without a review or review proceedings having been
instituted as prescribed;
(iii) if the applicant has applied for:
(A) review by the Migration Review Tribunal; or
(B) review by the Administrative Appeals Tribunal; or
(C) judicial review proceedings (including proceedings on
appeal);
the applicant has withdrawn all applications for the review or review
proceedings.
[5] Schedule 2, after Part 863
insert
Subclass 864
Contributory Aged Parent
864.1 Interpretation
Note Australian permanent resident, aged parent,
eligible New Zealand citizen , close relative , guardian , parent , parent
visa , settled and spouse are defined in regulation 1.03, and balance of
family test is defined in regulation 1.05. There are no interpretation
provisions specific to this Part.
864.2 Primary criteria
Note The primary criteria must be satisfied by at least 1 member of a
family unit. The other members of the family unit who are applicants for a
visa of this subclass need satisfy only the secondary criteria.
864.21
Criteria to be satisfied at time of application
864.211 (1) The applicant:
(a) is the holder of a substantive visa (other than a Subclass 771
(Transit) visa); or
(b) is a person who:
(i) is not the holder of a substantive visa; and
(ii) immediately before ceasing to hold a substantive visa, was not the
holder of a Subclass 771 (Transit) visa; and
(c) satisfies criterion 3002.
(2) Subclause (1) does not apply to an applicant if the applicant
withdrew an application for a Subclass 804 (Aged Parent) visa at the time of
making the application for the Subclass 864 (Contributory Aged Parent) visa.
864.212 The applicant is:
(a) the aged parent of a person (the child ) who is:
(i) a settled Australian citizen; or
(ii) a settled Australian permanent resident; or
(iii) a settled eligible New Zealand citizen; or
(b) a person who:
(i) is the holder of a Subclass 884 (Contributory Aged Parent (Temporary))
visa at the time of application; and
(ii) is no longer the parent of a child described in paragraph (a)
because the child has died; and
(iii) is not the parent of another child described in paragraph (a).
864.213 (1) The applicant is:
(a) sponsored in accordance with subclause (2) or (3); or
(b) taken, under subclause (4), to be sponsored in accordance with
this clause.
(2) If the child has turned 18, the applicant is sponsored by:
(a) the child; or
(b) the child's cohabiting spouse, if the spouse:
(i) has turned 18; and
(ii) is:
(A) a settled Australian citizen; or
(B) a settled Australian permanent resident; or
(C) a settled eligible New Zealand citizen.
(3) If the child has not turned 18, the applicant is sponsored by:
(a) the child's cohabiting spouse, if the spouse:
(i) has turned 18; and
(ii) is:
(A) a settled Australian citizen; or
(B) a settled Australian permanent resident; or
(C) a settled eligible New Zealand citizen; or
(b) a person who:
(i) is a close relative or guardian of the child; and
(ii) has turned 18; and
(iii) is:
(A) a settled Australian citizen; or
(B) a settled Australian permanent resident; or
(C) a settled eligible New Zealand citizen; or
(c) if the child has a cohabiting spouse but the spouse has not turned 18
— a person who:
(i) is a close relative or guardian of the child's spouse; and
(ii) has turned 18; and
(iii) is:
(A) a settled Australian citizen; or
(B) a settled Australian permanent resident; or
(C) a settled eligible New Zealand citizen; or
(d) a community organisation.
(4) The applicant is taken to be sponsored in accordance with this clause
if:
(a) the applicant is the holder of a Subclass 884 (Contributory Aged
Parent (Temporary)) visa at the time of application; and
(b) the person who sponsored the applicant for the Subclass 884
(Contributory Aged Parent (Temporary)) visa dies before the Subclass
884 (Contributory Aged Parent (Temporary)) visa ceases to be in
effect; and
(c) there is no other sponsor available who could meet the requirements
set out in subclause (2) or (3).
864.214 If the applicant is not
the holder of a Subclass 884 (Contributory Aged Parent (Temporary))
visa at the time of application, the applicant satisfies the balance
of family test.
864.22 Criteria to be satisfied at time of decision
864.221 The applicant continues to meet the requirements set out in
clause 864.212.
864.222 Either:
(a) for an applicant who is sponsored in accordance with subclause 864.213
(2) or (3) — the sponsorship has been approved by the Minister
and is still in force in relation to:
(i) for an applicant who was the holder of a Subclass 884 (Contributory
Aged Parent (Temporary)) visa at the time of application:
(A) the sponsor at the time of application; or
(B) another sponsor who meets the requirements set out in
subclause 864.213 (2) or (3); or
(ii) in any other case — the sponsor at the time of application; or
(b) all of the following apply:
(i) the applicant was the holder of a Subclass 884 (Contributory Aged
Parent (Temporary)) visa at the time of application;
(ii) a sponsor of the applicant who usually resides in Australia dies
before a decision is made to grant, or to refuse to grant, the
Subclass 864 (Contributory Aged Parent) visa;
(iii) there is no other sponsor available who meets the requirements set
out in subclause 864.213 (2) or (3).
864.223 If the applicant was not
the holder of a Subclass 884 (Contributory Aged Parent (Temporary))
visa at the time of application, the applicant satisfies:
(a) the balance of family test; and
(b) public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010.
864.224 If the applicant was the holder of a Subclass 884
(Contributory Aged Parent (Temporary)) visa at the time of
application, the applicant:
(a) satisfies public interest criteria 4001, 4002 and 4003; and
(b) has undergone any health checks that the Minister considers
appropriate.
864.225 If the applicant has previously been in
Australia, the applicant satisfies special return criteria 5001, 5002
and 5010.
864.226 An assurance of support in relation to the
applicant has been given, and has been accepted by the Minister.
864.227 If the applicant was not the holder of a Subclass 884
(Contributory Aged Parent (Temporary)) visa at the time of
application, each member of the family unit of the applicant who is an
applicant for a Subclass 864 (Contributory Aged Parent) visa is a
person who:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009
and 4010; and
(b) if he or she has previously been in Australia, satisfies special
return criteria 5001, 5002 and 5010.
864.228 If the applicant was not
the holder of a Subclass 884 (Contributory Aged Parent (Temporary))
visa at the time of application, each member of the family unit of the
applicant who is not an applicant for a Subclass 864 (Contributory
Aged Parent) visa is a person who:
(a) satisfies public interest criteria 4001, 4002, 4003 and 4004; and
(b) satisfies public interest criterion 4005, unless the Minister is
satisfied that it would be unreasonable to require the person to
undergo assessment for that criterion.
864.229 If a person (the
additional applicant ):
(a) is a member of the family unit of the applicant; and
(b) has not turned 18; and
(c) made a combined application with the applicant;
public interest criteria 4015 and 4016 are satisfied in relation to the
additional applicant.
864.230 If the applicant has previously made a valid
application for another parent visa:
(a) the application has been:
(i) finally determined (within the meaning of subsection 5 (9) of the
Migration Act 1958 ); or
(ii) withdrawn; and
(b) any of the following has occurred in relation to the application for
that visa:
(i) each decision that has been made in respect of the application is not,
or is no longer, subject to any form of:
(A) review by the Administrative Appeals Tribunal; or
(B) judicial review proceedings (including proceedings on
appeal);
(ii) a decision that has been made in respect of the application was
subject to:
(A) review by the Administrative Appeals Tribunal; or
(B) judicial review proceedings (including proceedings on
appeal);
but the period within which such a review or such review proceedings could be
instituted has ended without a review or review proceedings having been
instituted as prescribed;
(iii) if the applicant has applied for:
(A) review by the Migration Review Tribunal; or
(B) review by the Administrative Appeals Tribunal; or
(C) judicial review proceedings (including proceedings on
appeal);
the applicant has withdrawn all applications for the review or review
proceedings.
864.3 Secondary criteria
864.31 Criteria to be satisfied at
time of application
864.311 The applicant is a member of the family unit of,
and made a combined application with, a person who satisfies the primary
criteria in Subdivision 864.21.
864.312 Either:
(a) the sponsorship, mentioned in subclause 864.213 (2) or (3), of the
person who satisfies the primary criteria includes sponsorship of the
applicant; or
(b) the person who satisfies the primary criteria, and the applicant, meet
the requirements of subclause 864.213 (4).
864.32 Criteria to be
satisfied at time of decision
864.321 The applicant is a member of
the family unit of a person who, having satisfied the primary
criteria, is the holder of a Subclass 864 (Contributory Aged Parent)
visa.
864.322 Either:
(a) the sponsorship, mentioned in paragraph 864.222 (a), that includes
sponsorship of the applicant:
(i) has been approved by the Minister in relation to the applicant; and
(ii) is still in force in relation to the applicant; or
(b) the person who satisfied the primary criteria at the time of decision
met the requirements of paragraph 864.222 (b) at the time of decision,
and the applicant meets those requirements at the time of decision.
864.323 The applicant satisfies public interest criteria 4001, 4002
and 4003.
864.324 If the applicant was not the holder of a Subclass
884 (Contributory Aged Parent (Temporary)) visa at the time of
application, the applicant satisfies public interest criteria 4004,
4005, 4009 and 4010.
864.325 If the applicant was the holder of a
Subclass 884 (Contributory Aged Parent (Temporary)) visa at the time
of application, the applicant has undergone any health checks that the
Minister considers appropriate.
864.326 If the applicant has
previously been in Australia, the applicant satisfies special return
criteria 5001, 5002 and 5010.
864.327 Either:
(a) the applicant is included in the assurance of support given in respect
of the person who satisfies the primary criteria, and that assurance
has been accepted by the Minister; or
(b) an assurance of support has been given in relation to the applicant,
and has been accepted by the Minister.
864.328 If the applicant has
not turned 18, public interest criteria 4017 and 4018 are satisfied in
relation to the applicant.
864.329 If the applicant has previously
made a valid application for another parent visa:
(a) the application has been:
(i) finally determined (within the meaning of subsection 5 (9) of the
Migration Act 1958 ); or
(ii) withdrawn; and
(b) any of the following has occurred in relation to the application for
that visa:
(i) each decision that has been made in respect of the application is not,
or is no longer, subject to any form of:
(A) review by the Administrative Appeals Tribunal; or
(B) judicial review proceedings (including proceedings on
appeal);
(ii) a decision that has been made in respect of the application was
subject to:
(A) review by the Administrative Appeals Tribunal; or
(B) judicial review proceedings (including proceedings on
appeal);
but the period within which such a review or such review proceedings could be
instituted has ended without a review or review proceedings having been
instituted as prescribed;
(iii) if the applicant has applied for:
(A) review by the Migration Review Tribunal; or
(B) review by the Administrative Appeals Tribunal; or
(C) judicial review proceedings (including proceedings on
appeal);
the applicant has withdrawn all applications for the review or review
proceedings.
864.4 Circumstances applicable to grant
864.411 The applicant
must be in Australia, but not in immigration clearance when the visa is
granted.
Note The second instalment of the visa application charge must
be paid before the visa can be granted.
864.5 When visa is in effect
864.511
Permanent visa permitting the holder to travel to and enter Australia for 5
years from the date of grant.
864.6 Conditions: Nil.
864.7 Way of giving
evidence
864.711 Visa label affixed to a passport.
[6] Schedule 2,
after Part 882
insert
Subclass 884 Contributory Aged Parent (Temporary)
884.1 Interpretation
Note Australian permanent resident, aged parent,
eligible New Zealand citizen , close relative , guardian , parent , parent
visa , settled and spouse are defined in regulation 1.03, and balance of
family test is defined in regulation 1.05. There are no interpretation
provisions specific to this Part.
884.2 Primary criteria
Note The primary criteria must be satisfied by at least 1 member of a
family unit. The other members of the family unit who are applicants for a
visa of this subclass need satisfy only the secondary criteria.
884.21
Criteria to be satisfied at time of application
884.211 (1) The applicant:
(a) is the holder of a substantive visa (other than a Subclass 771
(Transit) visa); or
(b) is a person who:
(i) is not the holder of a substantive visa; and
(ii) immediately before ceasing to hold a substantive visa, was not the
holder of a Subclass 771 (Transit) visa; and
(c) satisfies criterion 3002.
(2) Subclause (1) does not apply to an applicant if the applicant
withdrew an application for a Subclass 804 (Aged Parent) visa at the time of
making the application for the Subclass 884 (Contributory Aged Parent
(Temporary)) visa.
884.212 (1) The applicant:
(a) is the aged parent of a person (the child ) who is:
(i) a settled Australian citizen; or
(ii) a settled Australian permanent resident; or
(iii) a settled eligible New Zealand citizen; and
(b) is sponsored in accordance with subclause (2) or (3).
(2) If the child has turned 18, the applicant is sponsored by:
(a) the child; or
(b) the child's cohabiting spouse, if the spouse:
(i) has turned 18; and
(ii) is:
(A) a settled Australian citizen; or
(B) a settled Australian permanent resident; or
(C) a settled eligible New Zealand citizen.
(3) If the child has not turned 18, the applicant is sponsored by:
(a) the child's cohabiting spouse, if the spouse:
(i) has turned 18; and
(ii) is:
(A) a settled Australian citizen; or
(B) a settled Australian permanent resident; or
(C) a settled eligible New Zealand citizen; or
(b) a person who:
(i) is a close relative or guardian of the child; and
(ii) has turned 18; and
(iii) is:
(A) a settled Australian citizen; or
(B) a settled Australian permanent resident; or
(C) a settled eligible New Zealand citizen; or
(c) if the child has a cohabiting spouse but the spouse has not turned 18
— a person who:
(i) is a close relative or guardian of the child's spouse; and
(ii) has turned 18; and
(iii) is:
(A) a settled Australian citizen; or
(B) a settled Australian permanent resident; or
(C) a settled eligible New Zealand citizen; or
(d) a community organisation.
884.213 The applicant satisfies the balance
of family test.
884.22 Criteria to be satisfied at time of decision
884.221 The applicant continues to satisfy the criterion in subclause
884.212 (1).
884.222 Sponsorship in accordance with
clause 884.212 has been approved by the Minister and is still in
force.
884.223 The applicant continues to satisfy the balance of
family test.
884.224 The applicant satisfies public interest criteria
4001, 4002, 4003, 4004, 4005, 4009 and 4010.
884.225 If the applicant
has previously been in Australia, the applicant satisfies special
return criteria 5001, 5002 and 5010.
884.226 Each member of the
family unit of the applicant who is an applicant for a Subclass 884
(Contributory Aged Parent (Temporary)) visa is a person who:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009
and 4010; and
(b) if he or she has previously been in Australia, satisfies special
return criteria 5001, 5002 and 5010.
884.227 Each member of the
family unit of the applicant who is not an applicant for a Subclass
884 (Contributory Aged Parent (Temporary)) visa is a person who:
(a) satisfies public interest criteria 4001, 4002, 4003 and 4004; and
(b) satisfies public interest criterion 4005, unless the Minister is
satisfied that it would be unreasonable to require the person to
undergo assessment for that criterion.
884.228 If a person (the
additional applicant ):
(a) is a member of the family unit of the applicant; and
(b) has not turned 18; and
(c) made a combined application with the applicant;
public interest criteria 4015 and 4016 are satisfied in relation to the
additional applicant.
884.229 If the applicant has previously made a valid
application for another parent visa:
(a) the application has been:
(i) finally determined (within the meaning of subsection 5 (9) of the
Migration Act 1958 ); or
(ii) withdrawn; and
(b) any of the following has occurred in relation to the application for
that visa:
(i) each decision that has been made in respect of the application is not,
or is no longer, subject to any form of:
(A) review by the Administrative Appeals Tribunal; or
(B) judicial review proceedings (including proceedings on
appeal);
(ii) a decision that has been made in respect of the application was
subject to:
(A) review by the Administrative Appeals Tribunal; or
(B) judicial review proceedings (including proceedings on
appeal);
but the period within which such a review or such review proceedings could be
instituted has ended without a review or review proceedings having been
instituted as prescribed;
(iii) if the applicant has applied for:
(A) review by the Migration Review Tribunal; or
(B) review by the Administrative Appeals Tribunal; or
(C) judicial review proceedings (including proceedings on
appeal);
the applicant has withdrawn all applications for the review or review
proceedings.
884.3 Secondary criteria
884.31 Criteria to be satisfied at
time of application
884.311 The applicant is a member of the family unit of,
and made a combined application with, a person who satisfies the primary
criteria in Subdivision 884.21.
884.312 The sponsorship mentioned in
clause 884.212 of the person who satisfies the primary criteria includes
sponsorship of the applicant.
884.32 Criteria to be satisfied at time of
decision
884.321 The applicant is a member of the family unit of a person
who, having satisfied the primary criteria, is the holder of a Subclass 884
(Contributory Aged Parent (Temporary)) visa.
884.322 Sponsorship in
accordance with clause 884.312 has been approved by the Minister and is
still in force.
884.323 The applicant satisfies public interest criteria
4001, 4002, 4003, 4004, 4005, 4009 and 4010.
884.324 If the applicant has not
turned 18, public interest criteria 4017 and 4018 are satisfied in relation to
the applicant.
884.325 If the applicant has previously made a valid
application for another parent visa:
(a) the application has been:
(i) finally determined (within the meaning of subsection 5 (9) of the
Migration Act 1958 ); or
(ii) withdrawn; and
(b) any of the following has occurred in relation to the application for
that visa:
(i) each decision that has been made in respect of the application is not,
or is no longer, subject to any form of:
(A) review by the Administrative Appeals Tribunal; or
(B) judicial review proceedings (including proceedings on
appeal);
(ii) a decision that has been made in respect of the application was
subject to:
(A) review by the Administrative Appeals Tribunal; or
(B) judicial review proceedings (including proceedings on
appeal);
but the period within which such a review or such review proceedings could be
instituted has ended without a review or review proceedings having been
instituted as prescribed;
(iii) if the applicant has applied for:
(A) review by the Migration Review Tribunal; or
(B) review by the Administrative Appeals Tribunal; or
(C) judicial review proceedings (including proceedings on
appeal);
the applicant has withdrawn all applications for the review or review
proceedings.
884.326 If the applicant has previously been in Australia, the
applicant satisfies special return criteria 5001, 5002 and 5010.
884.4
Circumstances applicable to grant
884.411 The applicant must be in Australia,
but not in immigration clearance, when the visa is granted.
Note The second instalment of the visa application charge must
be paid before the visa can be granted.
884.5 When visa is in effect
884.511
Temporary visa permitting the holder to travel to, enter and remain in
Australia for 2 years from a date specified by the Minister for the purpose.
884.6 Conditions: Nil.
884.7 Way of giving evidence
884.711 Visa label
affixed to a passport.