Commonwealth Numbered Regulations

1995 No. 38 MIGRATION REGULATIONS (AMENDMENT) - REG 6

6.1 Subclause 801.221 (1): Omit "or (6)", substitute ", (6) or (8)".

6.2 Clause 801.221: Add at the end:

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

   (a)  the applicant held a Subclass 820 (Spouse) visa that ceased on
        notification of a decision of the Minister to refuse a Subclass 801
        visa; and

   (b)  a review officer or the Tribunal has determined that the applicant
        meets the criteria for the grant of a Subclass 801 visa apart from the
        criterion that the applicant hold a Subclass 820 visa.".

6.3 Clause 801.321: Omit the clause, substitute:

"801.321 An applicant meets the requirements of this clause if:

   (a)  either:

        (i)    the applicant is the holder of:

                (A)  a Subclass 445 (Dependent Child) visa; or

                (B)  a Subclass 820 (Spouse) visa; granted on the basis that
                     the applicant was the dependent child of another person
                     who was the holder of a Subclass 820 visa; or

        (ii)   the applicant was the holder of:

                (A)  a Subclass 445 visa; or

                (B)  a Subclass 820 visa; which ceased on notification of a
                     decision to refuse a Subclass 801 visa to the person of
                     whom the applicant is a dependent child; and

   (b)  that other person has been granted a Subclass 801 visa.".