Commonwealth Numbered Regulations

1991 No. 60 MIGRATION REGULATIONS (AMENDMENT) - REG 19

  19.1   After regulation 107B, insert:
Extended eligibility (interdependency) visa

"107C. The additional criteria for an extended eligibility (interdependency)
visa are:

   (a)  if the applicant is in Australia on the day the application is
        made-that the applicant is the holder of a valid extended eligibility
        (interdependency) entry permit; or

   (b)  if the applicant is not in Australia on the day the application is
        made:

        (i)    that the applicant was the holder of a valid extended
               eligibility (interdependency) entry permit immediately before
               his or her last departure from Australia; and

        (ii)   that the Minister is satisfied that the relationship between
               the applicant and his or her nominator that met a criterion for
               the grant of that entry permit is genuine and continuing; or

   (c)  if the applicant is a dependent child of the holder of a valid
        extended eligibility (interdependency) visa or entry permit:

        (i)    that the applicant is not in Australia at the time the
               application is made; and

        (ii)   that the applicant satisfies the criteria specified in items 5
               and 10 of Schedule 1; and

        (iii)  that the sponsorship of the applicant by that holder is
               approved by the Minister; and

        (iv)   that the Minister is satisfied that the grant of the visa would
               not prejudice the rights or interests of any person who has, or
               may reasonably be expected to have, guardianship or custody of,
               or access to, the applicant.".