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2002
THE PARLIAMENT OF THE
COMMONWEALTH OF AUSTRALIA
HOUSE OF
REPRESENTATIVES
MIGRATION LEGISLATION AMENDMENT
(CONTRIBUTORY PARENTS MIGRATION SCHEME) BILL
2002
EXPLANATORY MEMORANDUM
(Circulated
by authority of the
Minister for Immigration and Multicultural and Indigenous
Affairs,
The Hon. Philip Ruddock MP)
MIGRATION LEGISLATION AMENDMENT (CONTRIBUTORY PARENTS MIGRATION
SCHEME) BILL 2002
OUTLINE
Overview
1. The
Migration Legislation Amendment (Contributory Parent Migration Scheme) Bill 2002
(“the Bill”) amends the Migration Act 1958 (“the
Act”) and the Migration Regulations 1994 (“the
Regulations”) to implement the Government’s migration policy in
relation to permanent and temporary entry arrangements for parents.
2. The Bill will enable a significant increase in parent migration while
minimising the costs to the Budget. A contingency reserve of 4,000 places has
been set aside in the Migration Program for this purpose.
3. This Bill
and the Migration (Visa Application) Charge Amendment Bill 2002 are to be
considered as a package of Bills and, as such, will pass through the Parliament
together. The Migration (Visa Application) Charge Amendment Bill 2002 sets out
a new visa application charge limit in relation to the proposed new parent visas
contained in this Bill.
4. Schedule 1 to the Bill makes minor technical amendments to the
Act.
5. Schedules 2 and 3 to the Bill amend the Regulations to, amongst other
things:
• establish new parent visa classes and subclasses, both
offshore and onshore;
• increase the assurance of support
(“AOS”) bond and period of effect in relation to applicants for the
new parent visa classes; and
• offset the health costs of parent
entry by requiring applicants for the new visa classes to pay a $25,000 second
instalment of visa application charge, either as a one-off payment or as a
staggered payment (consisting of $15,000 for the grant of a new temporary parent
visa and the remaining $10,000 for the grant of a new permanent parent
visa).
FINANCIAL IMPACT STATEMENT
1. The financial impact
of the amendments contained in the Bill is estimated, for the first six years,
to be budget positive in net terms as a result of the increase in revenue from
the increased health services charge. This charge will initially more than
offset expenses arising primarily from increases in demands for services from
other portfolios. In the longer term, and beyond the initial 6 year period, it
is anticipated that the amendments will result in a net cost to the
budget.
2. Some of the portfolios likely to be affected by the changes
include:
• the Department of Health and Ageing (including the Medical Benefits
Scheme, Australian Health Care Agreements and the Pharmaceutical Benefits
Scheme);
• the Department of Immigration and Multicultural and
Indigenous Affairs (including the Adult Migrant English Program);
and
• the Department of Family and Community Services (including
family benefit payments and Centrelink).
1. The net positive financial
impact of the amendments contained in Schedules 2 and 3 to the Bill is estimated
to be $2.4m in the first year, $56.6m in the second year, $47.6m in the third
year, and $42.7m in the fourth year (for a total of $149.3m benefit to the
budget over the first four years).
2. The net cost (net of the visa
application charge) to the budget over 20 years, as estimated by the Australian
Government Actuary, is anticipated to be $2 billion (net present value). This
cost should be partially offset by estimated taxation revenues which, based on
modelling by independent consultant economists, are in the order of $1 billion
(net present value).
MIGRATION LEGISLATION AMENDMENT (CONTRIBUTORY PARENTS MIGRATION SCHEME)
BILL 2002
NOTES ON INDIVIDUAL CLAUSES
Clause
1 Short title
1. The short title by which this Act may be
cited is the Migration Legislation Amendment (Contributory Parents Migration
Scheme) Act 2002.
Clause
2 Commencement
2. Subclause 2(1) contains a table setting out
the commencement information for the Act. The subclause also provides that each
provision of the Act specified in column 1 of the table commences, or is taken
to have commenced, on the day or at the time specified in column 2 of the
table.
3. The effect of item 1 of the table is that sections 1, 2 and 3
of the Act commence on the day on which this Act receives the Royal
Assent.
4. The effect of item 2 of the table is that Schedule 1 to the
Act commences immediately after the commencement of the Migration (Visa
Application) Charge Amendment Act 2002.
5. The effect of item 3 of
the table is that Schedule 2 to the Act commences on a single day to be fixed by
Proclamation, subject to subclause 2(3) and subclause 2(4).
6. The effect
of item 4 of the table is that Schedule 3 to the Act also commences on a single
day to be fixed by Proclamation, subject to subclause 2(3) and subclause
2(4).
7. Subclause 2(3) provides that a Proclamation under items 3 or 4
of the table must not specify a day that occurs before the day on which the
Migration (Visa Application) Charge Amendment Act 2002 commences.
8. Subclause 2(4) provides that, if a provision covered by item 3 or 4
of the table does not commence within the period of 6 months beginning on the
day on which this Act receives the Royal Assent, that provision is repealed on
the first day after the end of that period.
9. The effect of subclause
2(3) and subclause 2(4) is to ensure that Schedules 2 and 3 to this Act do not
commence before the Migration (Visa Application) Charge Amendment Act
2002. Schedules 2 and 3 to the Act cannot commence before the commencement
of the Migration (Visa Application) Charge Amendment Act 2002 because
there would be no lawful basis to require payment of the second instalment of
the visa application charge for the new parent visas. That is, the Migration
(Visa Application) Charge Amendment Act 2002 must first establish a new visa
application charge limit in relation to the new parent visas.
10. The
note in subclause 2(1) makes it clear that the table only relates to the
provisions of the Act as originally passed by the Parliament and assented to.
The table will not be expanded to deal with provisions inserted into the Act
after it receives the Royal Assent.
11. Subclause 2(2) provides that
column 3 of the table in subclause 2(1) is for additional information that may
be included in any published version of the Act but which is not part of the
Act.
Clause 3 Schedule(s)
12. Subclause 3(1) provides that
each Act, and each regulation, that is specified in a Schedule to this Act is
amended or repealed as set out in the applicable items in the Schedule
concerned. In addition, any other item in a Schedule to this Act has effect
according to its terms.
13. Subclause 3(2) provides that the amendment of
any regulation under subclause 3(1) does not prevent the regulation, as so
amended, from being amended or repealed by the Governor-General.
14. To
avoid doubt, subclause 3(3) provides that the regulations amended under
subclause 3(1) are taken to still be regulations.
Item 1 Subsection 5(1) (definition of visa application charge
limit)
Item 2 Subsection 45B(1) (note)
15. These items
make minor amendments to the definition of “visa application charge
limit” in subsection 5(1), and the note at the end of subsection 45B(1),
to clarify that the visa application charge limit is determined under the
Migration (Visa Application) Charge Act 1997 (“the VAC
Act”).
16. These amendments are necessary as a consequence of the
proposed insertion of new section 6 into the VAC Act by item 3 of Schedule 1 to
the Migration (Visa Application) Charge Amendment Bill 2002. New section 6 sets
out a visa application charge limit in relation to applications for a
“contributory parent visa”.
17. The visa application charge
limit set out in section 5 of the VAC Act continues to apply in relation to
applications for all other visas.
18. This item inserts new subsections 45B(3) and 45B(4) at the end of
section 45B of the Act. New subsections 45B(3) and 45B(4) set out the
publication requirements in relation to the new Contributory Parent Visa
Composite Index.
19. Item 1 of Schedule 1 to the Migration (Visa
Application) Charge Amendment Bill 2002 proposes to insert new section 3A into
the VAC Act to define “Contributory Parent Visa Composite Index”.
Under new section 3A, “Contributory Parent Visa Composite Index” is
defined to mean the Contributory Parent Visa Composite Index, expressed as a
percentage, published by the Australian Government Actuary for a financial
year.
20. Under new subsection 45B(3), the Minister must publish the
Contributory Parent Visa Composite Index for a financial year in the
Gazette before the start of the financial year.
21. The note to
new subsection 45B(3) makes it clear that the Contributory Parent Visa Composite
Index affects the visa application charge limit in relation to contributory
parent visas.
22. Item 1 of Schedule 1 to the Migration (Visa
Application) Charge Amendment Bill 2002 proposes to insert new section 3A into
the VAC Act to define a “contributory parent visa”. New section 3A
defines a “contributory parent visa” to mean a permanent or
temporary visa included in a class of visas under regulations made under the
Migration Act 1958, being a class that has the words “contributory
parent” or “contributory aged parent” in its
title.
23. New subsection 45B(4) clarifies the effect if the Contributory
Parent Visa Composite Index for a financial year is not published as required by
new subsection 45B(3). It provides that the Contributory Parent Visa Composite
Index is not to be taken, merely because of that fact, to be invalid or to be a
figure other than that published by the Australian Government Actuary for the
financial year.
SCHEDULE 2 – Offshore contributory parent
visas
24. This item inserts a new definition of “parent visa” into
regulation 1.03. “Parent visa” is defined, for the purposes of the
Migration Regulations, to mean a visa of a class that is specified in Schedule 1
using the word “parent” in the title of the visa.
25. This item inserts new subregulations 1.12(3) and 1.12(4) into the
Migration Regulations to add to the meaning of “member of the family
unit” in certain circumstances.
26. “Member of the family
unit” is defined in regulation 1.03 to have the meaning set out in
regulation 1.12.
27. In broad terms, subregulation 1.12(1) provides that
a person is a member of the family unit of another person (“the family
head”) if the person is:
• a spouse of the family head;
or
• a dependent child of the family head or of a spouse of the family
head; or
• a relative of the family head or of a spouse of the family
head who is dependent on the family head.
1. New subregulations 1.12(3)
and 1.12(4) provide that, in specified circumstances, a person is also a member
of the family unit of an applicant for a Contributory Parent (Migrant) (Class
CA) visa or a Contributory Aged Parent (Residence) (Class DG) visa where he or
she is no longer “dependent”.
2. Broadly, these
circumstances are as follows:
• at the time of application for one
of the new temporary contributory parent visas, the person satisfied the
definition of “member of the family unit” in subregulation 1.12(1)
(being a dependent child or dependent on the family head); and
• since
the time of application for one of the new temporary visas, the person has
ceased to be a dependent child or dependent on the family head.
1. “Dependent” is defined in regulation 1.05A. A person is
dependent on another person if, for example, he or she is, and has been for a
substantial period, wholly or substantially reliant on the other person for
financial support to meet basic needs for food, clothing and shelter. This
reliance on the other person must be greater than any reliance on any other
person or source of support.
2. This amendment ensures that a new
temporary parent visa holder, who has ceased to be dependent, is able to satisfy
the secondary criteria for the grant of a Subclass 143 (Contributory Parent)
visa or a Subclass 864 (Contributory Aged Parent) visa.
3. This item inserts new subregulations 2.07AG(3) and 2.07AG(4) into the
Migration Regulations to, in relation to certain applicants, limit the
substantive visa applications that are valid for the purposes of section 46 of
the Act. This is necessary to uphold the integrity of the new parent visa
scheme and ensure that the Australian taxpayer is not unduly burdened by
parents, who initially apply for a new temporary parent visa, later applying for
substantive visas other than those permitted.
4. New subregulation
2.07AG(3) provides that an application for a substantive visa by a person who
has, at any time since last entering Australia, held a Subclass 173
(Contributory Parent (Temporary)) visa, is a valid application only if it is an
application for:
• a Contributory Parent (Migrant) (Class CA) visa;
or
• a Medical Treatment (Visitor) (Class UB) visa; or
• a
protection visa.
1. New subregulation 2.07AG(4) provides that an
application for a substantive visa by a person who has, at any time since last
entering Australia, held a Subclass 884 (Contributory Aged Parent (Temporary))
visa, is a valid application only if it is an application for:
• a
Contributory Aged Parent (Residence) (Class DG) visa; or
• a Medical
Treatment (Visitor) (Class UB) visa; or
• a protection
visa.
1. “Substantive visa” is defined in subsection 5(1) of
the Act to mean a visa other than a bridging visa, a criminal justice visa or an
enforcement visa.
2. This item makes a minor technical amendment as a consequence of the
insertion of new paragraphs 2.08A(2A)(d) and 2.08A(2A)(e) by item 5 of this
Schedule.
Item 5 After paragraph 2.08A(2A)(c)
3. This item
inserts new paragraphs 2.08A(2A)(d) and 2.08A(2A)(e) into Part 2 of the
Regulations to limit the circumstances in which applicants may be added to an
application for a new Contributory Parent (Migrant) (Class CA) visa or a new
Contributory Aged Parent (Residence) (Class DG) visa.
4. New paragraph
2.08A(2A)(d) prevents the addition of applicants to an application for a new
Contributory Parent (Migrant) (Class CA) visa where the applicant for the visa
is the holder of a Subclass 173 (Contributory Parent (Temporary)) visa at the
time of application.
5. New paragraph 2.08A(2A)(e) prevents the addition
of applicants to an application for a new Contributory Aged Parent (Residence)
(Class DG) visa where the applicant for this visa is the holder of a Subclass
884 (Contributory Aged Parent (Temporary)) visa at the time of
application.
6. These amendments ensure that access to the modified
criteria for the grant of a new Subclass 143 (Contributory Parent) visa or
Subclass 864 (Contributory Aged Parent) visa is confined to applicants who have
previously satisfied the criteria for the grant of a new Subclass 173
(Contributory Parent (Temporary)) visa or a new Subclass 884 (Contributory Aged
Parent (Temporary)) visa.
7. This item modifies the assurance of support (“AOS”) scheme
provided for under Division 2.7 of Part 2 of the Migration Regulations. The
scheme allows the Commonwealth to recover specified social security benefits
paid to an assured person while an AOS is in effect in respect of that person.
Currently, under regulation 2.36, the period of effect of an AOS is 2 years.
8. An AOS is a criterion for the grant of certain visas under the
Migration Regulations, including the proposed new visa subclasses contained in
the Contributory Parent (Migrant) (Class CA) and Contributory Aged Parent
(Residence) (Class DG) visa classes.
9. New paragraph 2.36(1)(b) provides
for a 10-year period of effect for an AOS given in respect of an applicant for
one of the above classes. This period of effect begins from the later of the
following days:
• the day when the person enters Australia;
or
• the day when the person is granted the relevant visa.
The
period of effect for an AOS given in respect of an applicant for any other class
of visa remains the same.
1. The extension of the AOS period to 10 years
for applicants for these new visa classes is intended to ensure that the
requirement to reside in Australia for 10 years before a person can access an
Age Pension is given real meaning. For example, once the two year AOS period
has passed, a parent can access Special Benefit for the remaining eight years
until they become eligible for Age Pension. The amendment is intended to ensure
that the Commonwealth can recover any Special Benefit (around $10,000 per person
per annum), or any other benefit listed in regulation 2.38, received by a parent
during the first 10 years of residence.
2. This item increases the amount of money which must be lodged as a bond
in relation to an AOS given in respect of an applicant for a Contributory Parent
(Migrant) (Class CA) visa or a Contributory Aged Parent (Residence) (Class DG)
visa.
3. Regulation 2.39 provides for lodgement of a bond in respect of
a “required” AOS. A “required” AOS is one that is an
unconditional requirement for the grant of a visa. The criteria for the
proposed new visa subclasses contained in the Contributory Parent (Migrant)
(Class CA) and Contributory Aged Parent (Residence) (Class DG) visa classes
include a required AOS.
4. Under subregulations 2.39(2) and (3), a
person who gives a required AOS in respect of an applicant for a visa who has
turned 18, must lodge with the Minister a bond, securing payment to the
Commonwealth, on demand, of any amount (up to the amount of the bond) due to the
Commonwealth under regulation 2.38. This represents the first step only in any
debt recovery action taken by the Commonwealth. The bond must be lodged before
a decision is made on the application to which the required AOS
relates.
5. New paragraph 2.39(4)(c) increases the bond payable in
relation to an applicant for a Contributory Parent (Migrant) (Class CA) visa or
a Contributory Aged Parent (Residence) (Class DG) visa.
6. Under new
subparagraph 2.39(4)(c)(i), the bond payable in relation to an applicant for one
of the new permanent visas, who is over 18 years of age and who satisfies the
primary criteria for the grant of a visa, is increased from $3,500 to $10,000.
7. Under new subparagraph 2.39(4)(c)(ii), the bond payable in relation
to an applicant for one of the new permanent visas, who is over 18 years of age
and who satisfies the secondary criteria for the grant of a visa, is increased
from $1,500 to $4,000.
8. The increased bond amount for these applicants
is intended to more closely reflect the potential cost to the Budget of a parent
who relies on social security. Currently, the cost of Special Benefit that a
parent can access in lieu of the Age Pension is around $10,000 per person per
annum. After ten years’ residency a person of pensionable age can then
access an Age Pension of around $11,200 per annum.
9. This bond will be
released, with interest after ten years, less any amount needed to repay
recoverable benefits and allowances paid to the assuree during that period.
10. Under new paragraphs 2.39(4)(a) and 2.39(4)(b), the current bond
amounts are retained for applications for any other class of visa.
11. This item makes a minor technical amendment consequential to the
insertion of new paragraph 4.14(2)(c) by item 9 of this Schedule.
Item
9 After paragraph 4.14(2)(b)
12. This item inserts new paragraph
4.14(2)(c) in Part 4 of the Migration Regulations to provide for the refund of a
fee paid on an application for review by the Migration Review Tribunal
(“MRT”) in certain circumstances.
13. These circumstances are
where, in relation to an application for a parent visa, the applicant withdraws
his or her review application because:
• he or she applied for
another parent visa after lodging the application for review; and
• he
or she wants to have a decision made on the application for the other parent
visa.
1. This amendment is consequential to the insertion of a new time
of decision criterion for parent visas, which may require an applicant to
withdraw an application for review of a parent visa decision in order to have a
primary decision made on his or her parent visa application.
Item 11 Schedule 1, after paragraph 1124A(3)(b)
2. These items
insert a new requirement for making a valid application for a Parent (Migrant)
(Class AX) visa or an Aged Parent (Residence) (Class BP) visa where the
applicant has previously made a valid application for another parent
visa.
3. In these circumstances, new paragraphs 1124(3)(ab) and
1124A(3)(ba) require that, either:
• a decision to grant or to
refuse to grant that other parent visa has been made; or
• the
application for that other parent visa has been
withdrawn.
1. “Parent visa” is defined in regulation 1.03 to
mean a visa of a class that is specified in Schedule 1 using the word
“parent” in the title of the visa.
2. In effect, this
amendment means that an applicant can only validly make one parent visa
application at a time.
3. This item inserts new item 1130 into Schedule 1 to the Migration
Regulations. This item establishes the new Contributory Parent (Migrant) (Class
CA) visa class.
Contributory Parent (Migrant) (Class
CA)
The requirements for making a valid application for the new
Contributory Parent (Migrant) (Class CA) visa class are as
follows:
• Applications must be made on form 47PA, unless the
applicant is the holder of a Subclass 173 (Contributory Parent (Temporary))
visa, in which case the application must be made on from
47PT;
• The first instalment of the visa application charge
is:
- Nil for an applicant who has made a valid application for a Parent
(Migrant) (Class AX) visa before the day on which this item commences and
withdrew that application at the same time as making the application for the
Contributory Parent (Migrant) (Class CA) visa;
- $160 for an applicant who
is the holder of a Subclass 173 (Contributory Parent (Temporary)) visa at the
time of application; and
- $1,175 in any other case.
• The
second instalment of the visa application charge is:
- Nil for an
applicant who is the holder of a Subclass 173 (Contributory Parent (Temporary))
visa at the time of application, and:
§ is the natural or adopted child, or
step-child, of an applicant for a Contributory Parent (Migrant) (Class CA) visa;
and
§ had
not turned 18 at the time of application for the Contributory Parent (Temporary)
(Class UT) visa;
- $1,050 for an applicant who is a dependent child of an
applicant for a Contributory Parent (Migrant) (Class CA) visa and has not turned
18 at the time of application (unless the applicant met the requirements above);
- $10,000 for an applicant who is the holder of a Subclass 173 (Contributory
Parent (Temporary)) visa at the time of application (unless the applicant met
the requirements above); and
- $25,000 in any other case.
• If
the applicant is in Australia and holds a Subclass 173 (Contributory Parent
(Temporary)) visa at the time of application, the application must be made in
Australia but not in immigration clearance. Otherwise, applications must be
made by posting the application (with the correct pre-paid postage) to the post
office box address specified in a Gazette Notice for subparagraph 1130(3)(b)(i)
or by having the application delivered by a courier service to the address
specified in a Gazette Notice for subparagraph 1130(3)(b)(ii).
• If
the applicant has previously made a valid application for another parent visa
(as defined in regulation 1.03):
- a decision to grant or to refuse to
grant that visa must have been made; or
- the application for that visa must
have been withdrawn.
• An application by a person claiming to be a
member of the family unit of a person who is an applicant for a Contributory
Parent (Migrant) (Class CA) visa may be made at the same time and place as, and
combined with, the application by that person.
• An application by
a person:
- holding a Subclass 173 (Contributory Parent (Temporary))
visa at the time of application; and
- claiming to be a member of the family
unit of a person who is an applicant for a Contributory Parent (Migrant) (Class
CA) visa;
may also be made at the same time, and combined with, the
application by that person.
1. This amendment offers an alternative way
for an applicant who holds a Subclass 173 (Contributory Parent (Temporary) visa
to make a combined application. It allows an application by such a person, who
claims to be a member of the family unit of an applicant for a Contributory
Parent (Migrant) (Class CA) visa, to be combined with the application by that
person regardless of the fact that it is not made in the same place.
2. The class contains one visa subclass – Subclass 143
(Contributory Parent). The criteria for the grant of a visa in this subclass
are inserted into Schedule 2 to the Migration Regulations by item 19 of this
Schedule.
3. This item inserts new item 1221 into Schedule 1 to the Migration
Regulations. This item establishes the new Contributory Parent (Temporary)
(Class UT) visa class.
Contributory Parent (Temporary) (Class
UT)
The requirements for making a valid application for the new
Contributory Parent (Temporary) (Class UT) visa class are as
follows:
• Applications must be made on form
47PA;
• The first instalment of the visa application charge
is:
- Nil for an applicant who has made a valid application for a Parent
(Migrant) (Class AX) visa before the day on which this item commences and
withdrew that application at the same time as making the application for the
Contributory Parent (Temporary) (Class UT) visa; and
- $1,175 in any other
case.
• The second instalment of the visa application charge
is:
- $1,050 for an applicant who is a dependant child of an applicant
for a Contributory Aged Parent (Temporary) (Class UT) visa and has not turned 18
at the time of application; and
- $15,000 in any other
case.
• Applications must be made by posting the application (with
the correct pre-paid postage) to the post office box address specified in a
Gazette Notice for subparagraph 1221(3)(a)(i) or having the application
delivered by a courier service to the address specified in a Gazette Notice for
subparagraph 1221(3)(a)(ii).
• If the applicant has previously made
a valid application for another parent visa (as defined in regulation
1.03):
- a decision to grant or to refuse to grant that visa must have
been made; or
- the application for that visa must have been
withdrawn.
• An application by a person claiming to be a member of
the family unit may of a person who is an applicant for a Contributory Parent
(Temporary) (Class UT) visa may be made at the same time and place as, and
combined with, the application by that person.
1. The class contains one
visa subclass – Subclass 173 (Contributory Parent (Temporary)). The
criteria for the grant of a visa in this subclass are inserted into Schedule 2
to the Migration Regulations by item 20 of this Schedule.
Item 15 Schedule 1, subitem 1303(1)
Item 16 Schedule 1, subitem
1305(1)
2. These consequential amendments ensure that, where an
application for a Contributory Parent (Migrant) (Class CA) visa or a
Contributory Aged Parent (Residence) (Class DG) visa is made on form 47PT, it is
also a valid application for the following bridging visas:
• a
Bridging A (Class WA) visa;
• a Bridging C (Class WC) visa;
• a Bridging E (Class WE) visa.
1. These items make consequential amendments to Part 103 of Schedule 2 to
the Migration Regulations. New clauses 103.229 and 103.327 require that, if a
primary or secondary applicant has previously made a valid application for
another parent visa, certain things must have occurred in relation to that other
parent visa application.
2. Under paragraphs 103.229(a) and 103.327(a),
an application for another parent visa that has been previously made must have
been finally determined (within the meaning of subsection 5(9) of the Act) or
withdrawn.
3. “Finally determined” is defined in subsection
5(9) of the Act to mean, in relation to an application, when
either:
• a decision that has been made in respect of the
application is not, or is no longer, subject to any form of review under Part 5
or 7 of the Act; or
• a decision that has been made in respect of the
application was subject to some form of review under Part 5 or 7, but the period
within which such review could be instituted has ended without a review having
been instituted as prescribed.
1. In broad terms, this means that
either:
• the application for the other parent visa must have been
withdrawn before a primary decision was made on whether to grant or refuse to
grant the visa; or
• the primary decision to refuse to grant that
other parent visa must:
- not be subject to review by the Migration Review
Tribunal (“MRT”); or
- no longer subject to review by the MRT,
because the review has been completed; or
- not be able to be reviewed by the
MRT because the prescribed period for seeking review has ended.
1. In
addition, paragraphs 103.229(b) and 103.327(b) require any of the following to
have occurred in relation to that other parent visa
application:
• each decision that has been made in respect of the
application is not, or is no longer, subject to any form of review by the
Administrative Appeals Tribunal (“the AAT”) or judicial review
proceedings (including proceedings on appeal);
• a decision that has
been made in respect of the application was subject to review by the AAT or
judicial review proceedings (including any proceedings on appeal) but the period
within which such a review or review proceedings could be instituted has ended
without a review or review proceedings having been instituted as
prescribed;
• if the applicant has applied for review by the MRT, AAT
or judicial review proceedings (including proceedings on appeal) the applicant
has withdrawn all applications for the review or review
proceedings.
1. Broadly, the first two dot points impose an equivalent
"finally determined" requirement in relation to review by the AAT or any
judicial review proceedings. The last dot point provides an alternative to this
in that it allows an application to withdraw any review proceedings in order to
have a decision made on his or her Subclass 103 (Parent) visa
application.
2. The purpose of these amendments is to ensure that, at the
time of decision, an applicant for a Parent (Migrant) (Class AX) visa is only
eligible for the grant of the Subclass 103 (Parent) visa and not another parent
visa (as defined in regulation 1.03). This removes the difficulties associated
with an applicant being eligible for the grant of an existing parent visa and a
new parent visa concurrently.
3. This item inserts new Part 143 into Schedule 2 to the Migration
Regulations. The purpose of new Part 143 is to make provision for the grant of
a new Subclass 143 (Contributory Parent) visa to a parent with a child in
Australia, or to members of the family unit of a parent who satisfies the
primary criteria.
4. The criteria for the Subclass 143 (Contributory
Parent) visa are broadly similar to the criteria for the existing Subclass 103
(Parent) visa, with certain special provisions for applicants who hold a
Subclass 173 (Contributory Parent (Temporary)) visa at the time of
application.
5. The note to new Division 143.1 provides a reference to
definitions that are relevant for the purposes of new Part 143. It provides
that “eligible New Zealand citizen”, “aged parent”,
“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.
6. New Division 143.2 sets out the primary criteria
that must be satisfied by an applicant for the grant of a Subclass 143
(Contributory Parent) visa. The note to new Division 143.2 provides that 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 Subclass 143
(Contributory Parent) visa need satisfy only the secondary
criteria.
7. New Subdivision 143.21 sets out the primary criteria to be
satisfied at the time of application.
8. Under new clause 143.211, an
applicant must be, either:
• the parent of a child who is a settled
Australian citizen, a settled Australian permanent resident or a settled
eligible New Zealand citizen; or
• a person who is the holder of a
Subclass 173 (Contributory Parent (Temporary)) visa at the time of application
and is no longer the parent of such a child because the child has died, and he
or she is not the parent of another such child.
1. New clause 143.212
sets out the sponsorship requirements to be satisfied by the primary applicant.
It provides that he or she must either be sponsored in accordance with new
subclause 143.212(2) or 143.212(3) or be taken, under new subclause 143.212(4),
to be sponsored in accordance with new clause 143.212.
2. New
subclauses 143.212(2) and 143.212(3) set out who may sponsor an applicant
according to whether or not the child of the applicant has turned
18.
3. New subclause 143.212(2) provides that, where the child has turned
18, the child or the child’s cohabiting spouse must sponsor the applicant.
However, the child’s cohabiting spouse must have turned 18 and be a
settled Australian citizen, a settled Australian permanent resident or a settled
eligible New Zealand citizen.
4. New subclause 143.212(3) provides for
the situation where the child has not turned 18. In these circumstances, the
child’s cohabiting spouse, a close relative or guardian of the child, or a
close relative or guardian of the child’s spouse must sponsor the
applicant, subject to the following requirements:
• that he or she
has turned 18; and
• is a settled Australian citizen, a settled
Australian permanent resident or a settled eligible New Zealand
citizen.
1. Alternatively, a community organisation may also sponsor the
applicant if the child has not turned 18.
2. New subclause 143.212(4)
provides that an applicant is taken to be sponsored for the purposes of new
clause 143.212 in the following circumstances:
• the applicant is
the holder of a Subclass 173 (Contributory Parent (Temporary)) visa at the time
of application; and
• the person who sponsored the applicant for the
Subclass 173 (Contributory Parent (Temporary)) visa dies before the Subclass 173
(Contributory Parent (Temporary)) visa ceases to be in effect;
and
• there is no other sponsor available who could meet the
requirements set out in subclause 143.212(2) or 143.212(3).
1. This
amendment reflects the policy intention that, in these circumstances, an
applicant for a Contributory Parent (Migrant) (Class CA) visa should not be
required to satisfy sponsorship requirements to be eligible for the grant of a
Subclass 143 (Contributory Parent) visa.
2. New clause 143.213 provides
that an applicant who is not the holder of a Subclass 173 (Contributory Parent
(Temporary)) visa must satisfy the balance of family test. Broadly, a parent
will satisfy the test if:
• at least half of their children live in
Australia; or
• the number of children in Australia is greater than the
greatest number of children resident in any single country
overseas.
1. An applicant who is the holder of a Subclass 173
(Contributory Parent (Temporary)) visa is exempt from having to satisfy the
balance of family test because he or she has already satisfied this criterion in
relation to the grant of his or her Subclass 173 (Contributory Parent
(Temporary)) visa.
2. New Subdivision 143.22 sets out the primary
criteria to be satisfied at the time of decision for an applicant to be eligible
for the grant of a Subclass 143 (Contributory Parent) visa.
3. New clause
143.221 requires the applicant to continue to meet the requirements set out in
clause 143.211. Therefore, at the time of decision the applicant
must:
• still be a parent of a child who is a settled Australian
citizen, a settled Australian permanent resident or a settled eligible New
Zealand citizen; or
• still be a person who is not a parent of such a
child because, since the time of application for the Subclass 173 (Contributory
Parent (Temporary)) visa, the child has died and he or she has no other child in
Australia who is a settled Australian citizen, a settled Australian permanent
resident or a settled eligible New Zealand citizen.
1. New clause 143.222
sets out the sponsorship requirements that an applicant must meet at the time of
decision. Under new clause 143.222, an applicant must meet the requirements of
either new paragraph 143.222(a) or 143.222(b).
2. The general rule,
that sponsorship in accordance with new subclause 143.212(2) or 143.212(3) must
be approved by the Minister and still be in force, is provided in new paragraph
143.222(a). This applies in relation to:
• for an applicant who
was the holder of a Subclass 173 (Contributory Parent (Temporary)) visa at the
time of application – the sponsor at the time of application or another
sponsor who meets the requirements set out in subclause 143.212(2) or
143.212(3); or
• in any other case – the sponsor at the time of
application.
1. Alternatively, an applicant may satisfy the criterion in
clause 143.222 if all of the following requirements of new paragraph 143.222(b)
are satisfied:
• the applicant was the holder of a Subclass 173
(Contributory Parent (Temporary)) visa at the time of application;
• 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 143 (Contributory Parent)
visa;
• there is no other sponsor available who meets the requirements
set out in subclause 143.212(2) or 143.212(3).
1. New paragraph
143.222(b) covers the situation where either:
• the applicant was
sponsored in accordance with subclause 143.212(2) or (3), but the sponsor died
before the decision to grant or refuse to grant the Subclass 143 visa was made,
and no other sponsor is available; or
• the applicant was taken to be
sponsored under subclause 143.212(4) and there is still no other sponsor
available at the time of decision; or
• the applicant was taken to be
sponsored under subclause 143.212(4) and although another sponsor became
available after time of application, that sponsor died before a decision to
grant or refuse to grant the Subclass 143 visa was made.
1. New clause
143.223 provides that, if the applicant was not the holder of a Subclass 173
(Contributory Parent (Temporary)) visa, the applicant must continue to satisfy
the balance of family test.
2. New clause 143.224 requires the applicant
to satisfy public interest criteria 4001, 4002 and 4003. These criteria relate,
broadly, to issues of character.
3. New clause 143.225 requires an
applicant who was not the holder of a Subclass 173 (Contributory Parent
(Temporary)) visa at the time of application, to satisfy public interest
criteria 4004, 4005, 4009 and 4010. These criteria relate, broadly, to issues of
health and other aspects of the public interest.
4. New clause 143.226
sets out a modified health requirement for an applicant who was the holder of a
Subclass 173 (Contributory Parent (Temporary)) visa at the time of application.
It requires the applicant to have undergone any health checks that the Minister
considers appropriate.
5. This provision recognises that such an
applicant will previously have satisfied the health criteria for the grant of
his or her Subclass 173 (Contributory Parent (Temporary)) visa. However, it
also provides flexibility for a health check to be required where appropriate,
for example, where the applicant has recently travelled to a country with a high
risk of tuberculosis.
6. New clause 143.227 requires that, if the
applicant has previously been in Australia, the applicant satisfies special
return criteria 5001, 5002 and 5010.
7. New clause 143.228 requires that
an AOS in relation to the applicant has been given and been accepted by the
Minister. Items 6 and 7 of this Schedule introduce modified AOS arrangements in
respect of a primary applicant for a Contributory Parent (Migrant) (Class CA)
visa, including an AOS period of 10 years and an AOS bond of
$10,000.
8. New clause 143.229 provides that if the applicant was not the
holder of a Subclass 173 (Contributory Parent (Temporary)) visa at the time of
application, each member of the family unit of the applicant who is an applicant
for a Subclass 143 (Contributory Parent) visa must be a person
who:
• satisfies public interest criteria 4001, 4002, 4003, 4004,
4005, 4009 and 4010; and
• if he or she has previously been in
Australia, satisfies special return criteria 5001, 5002, 5010.
1. Under
new clause 143.230, if the applicant was not the holder of a Subclass 173
(Contributory 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 143
(Contributory Parent) visa must be a person who satisfies:
• public
interest criteria 4001, 4002, 4003 and 4004; and
• public interest
criterion 4005, unless the Minister is satisfied that it would be unreasonable
to require the person to undergo an assessment in relation to that
criterion.
1. New clause 143.231 requires that if a person:
• is a member of the applicant’s family unit; and
• has
not turned 18; and
• made a combined application with the
applicant
public interest criteria 4015 and 4016 must be satisfied in
relation to that secondary applicant.
1. Public interest criterion 4015
provides that the Minister must be satisfied of one of the
following:
• the law of the person’s home country permits the
removal of the applicant;
• each person who can lawfully determine
where the person is to live consents to the grant of the visa;
• the
grant of the visa would be consistent with any Australian child order in force
in relation to the person.
1. Public interest criterion 4016 provides
that the Minister must be satisfied that there is no compelling reason to
believe that the grant of the visa would not be in the best interests of the
person.
2. New clause 143.232 requires that, if an applicant has
previously made a valid application for another parent visa, certain things must
have occurred in relation to that other parent visa application.
3. Under
paragraph 143.232(a), an application for another parent visa that has been
previously made must have been finally determined (within the meaning of
subsection 5(9) of the Act) or withdrawn.
4. “Finally
determined” is defined in subsection 5(9) of the Act to mean, in relation
to an application, when either:
• a decision that has been made in
respect of the application is not, or is no longer, subject to any form of
review under Part 5 or 7 of the Act; or
• a decision that has been made
in respect of the application was subject to some form of review under Part 5 or
7, but the period within which such review could be instituted has ended without
a review having been instituted as prescribed.
1. In broad terms, this
means that either:
• the application for the other parent visa must
have been withdrawn before a primary decision was made on whether to grant or
refuse to grant the visa; or
• the primary decision to refuse to grant
that other parent visa must:
- not be subject to review by the MRT; or
- no longer subject to review by the MRT, because the review has been
completed; or
- not be able to be reviewed by the MRT because the prescribed
period for seeking review has ended.
1. In addition, paragraph 143.232(b)
requires any of the following to have occurred in relation to that other parent
visa application:
• each decision that has been made in respect of
the application is not, or is no longer, subject to any form of review by the
AAT or judicial review proceedings (including proceedings on appeal);
• a decision that has been made in respect of the application was
subject to review by the AAT or judicial review proceedings (including any
proceedings on appeal) but the period within which such a review or review
proceedings could be instituted has ended without a review or review proceedings
having been instituted as prescribed;
• if the applicant has applied
for review by the MRT, AAT or judicial review proceedings (including proceedings
on appeal) the applicant has withdrawn all applications for the review or review
proceedings.
1. Broadly, the first two dot points impose an equivalent
"finally determined" requirement in relation to review by the AAT or any
judicial review proceedings. The last dot point provides an alternative to this
in that it allows an application to withdraw any review proceedings in order to
have a decision made on his or her Subclass 143 (Contributory Parent) visa
application.
2. The purpose of these amendments is to ensure that, at the
time of decision, an applicant for a Parent (Migrant) (Class AX) visa is only
eligible for the grant of the Subclass 143 (Contributory Parent) visa and not
another parent visa (as defined in regulation 1.03). This removes the
difficulties associated with an applicant being eligible for the grant of an
existing parent visa and a new parent visa concurrently.
3. New Division
143.3 provides for the secondary criteria that must be satisfied for the grant
of a Subclass 143 (Contributory Parent) visa.
4. New Subdivision 143.31
sets out the criteria to be satisfied by secondary applicants at the time of
application.
5. New clause 143.311 provides that the applicant must be a
member of the family unit of, and have made a combined application with, a
person who satisfies the primary criteria in Subdivision 143.21. Item 2 of this
Schedule amends regulation 1.12 to expand the definition of “member of a
family unit” to ensure that a person who:
• holds a Subclass
173 (Contributory Parent (Temporary)) visa at the time of application for the
Subclass 143 (Contributory Parent) visa; and
• is no longer dependent;
is eligible for the grant of a Subclass 143 (Contributory Parent)
visa.
1. New clause 143.312 requires that, either:
• the
sponsorship mentioned in subclause 143.212(2) or 143.212(3) of the person who
satisfies the primary criteria includes sponsorship of the applicant; or
• the person who satisfies the primary criteria, and the applicant,
meets the requirements of subclause 143.212(4).
This ensures that the
applicant seeking to satisfy the secondary criteria is also sponsored, or taken
to be sponsored.
1. New Subdivision 143.32 sets out the secondary
criteria to be satisfied at the time of decision for a secondary applicant to be
eligible for the grant of the Subclass 143 (Contributory Parent) visa.
2. New clause 143.321 provides that the applicant must continue to be a
member of the family unit of a person who, having satisfied the primary
criteria, is the holder of a Subclass 143 (Contributory Parent)
visa.
3. New clause 143.322 sets out the sponsorship requirements to be
satisfied by secondary applicants seeking to satisfy the time of decision
criteria.
4. The general rule, that the sponsorship mentioned in
subclause 143.222(a), which includes sponsorship of the secondary applicant,
must have been approved by the Minister and still be in force, is provided in
paragraph 143.322(a). This applies in relation to the sponsorship of the
secondary applicant.
5. As an alternative to paragraph 143.322(a),
paragraph 143.322(b) provides that clause 143.322 is also satisfied where the
person who satisfied the primary criteria at the time of decision met the
requirements of paragraph 143.222(b) and the secondary applicant meets those
same requirements at the time of decision.
6. New clause 143.323 requires
the applicant to satisfy public interest criteria 4001, 4002 and 4003. These
criteria relate, broadly, to character and other aspects of the public
interest.
7. New clause 143.324 requires an applicant who was not the
holder of a Subclass 173 (Contributory Parent (Temporary)) visa at the time of
application to satisfy public interest criteria 4004, 4005, 4009 and 4010.
These criteria relate, broadly, to health.
8. New clause 143.325 sets out
a modified health requirement for an applicant who was the holder of a Subclass
173 (Contributory Parent (Temporary)) visa at the time of application. It
requires the applicant to have undergone any health checks that the Minister
considers appropriate.
9. This provision recognises that such an
applicant will previously have satisfied the health criteria for the grant of
his or her Subclass 173 (Contributory Parent (Temporary)) visa. However, it
also provides flexibility for a health check to be required where appropriate,
for example, where the applicant has recently travelled to a country with a high
risk of tuberculosis.
10. New clause 143.326 requires that, if the
applicant has previously been in Australia, the applicant satisfies special
return criteria 5001, 5002 and 5010.
11. New clause 143.327 requires
either:
• the applicant to be included in the AOS given in relation
to the person who satisfies the primary criteria, and that the assurance has
been accepted by the Minister; or
• an AOS in relation to the applicant
has been given to, and been accepted by, the Minister.
1. Items 6 and 7
of this Schedule introduce modified AOS arrangements in respect of a secondary
applicant for a Contributory Parent (Migrant) (Class CA) visa, including an AOS
period of 10 years and an AOS bond of $4,000.
2. New clause 143.328
requires that if the applicant has not turned 18, public interest criteria 4017
and 4018 must be satisfied.
3. New clause 143.329 requires that, if an
applicant has previously made a valid application for another parent visa,
certain things must have occurred in relation to that other parent visa
application.
4. Under paragraph 143.329(a), an application for another
parent visa that has been previously made must have been finally determined
(within the meaning of subsection 5(9) of the Act) or
withdrawn.
5. “Finally determined” is defined in subsection
5(9) of the Act to mean, in relation to an application, when
either:
• a decision that has been made in respect of the
application is not, or is no longer, subject to any form of review under Part 5
or 7 of the Act; or
• a decision that has been made in respect of the
application was subject to some form of review under Part 5 or 7, but the period
within which such review could be instituted has ended without a review having
been instituted as prescribed.
1. In broad terms, this means that
either:
• the application for the other parent visa must have been
withdrawn before a primary decision was made on whether to grant or refuse to
grant the visa; or
• the primary decision to refuse to grant that
other parent visa must:
- not be subject to review by the MRT; or
- no
longer subject to review by the MRT, because the review has been completed;
or
- not be able to be reviewed by the MRT because the prescribed period for
seeking review has ended.
1. In addition, paragraph 143.329(b) requires
any of the following to have occurred in relation to that other parent visa
application:
• each decision that has been made in respect of the
application is not, or is no longer, subject to any form of review by the AAT or
judicial review proceedings (including proceedings on appeal);
• a
decision that has been made in respect of the application was subject to review
by the AAT or judicial review proceedings (including any proceedings on appeal)
but the period within which such a review or review proceedings could be
instituted has ended without a review or review proceedings having been
instituted as prescribed;
• if the applicant has applied for review by
the MRT, AAT or judicial review proceedings (including proceedings on appeal)
the applicant has withdrawn all applications for the review or review
proceedings.
1. Broadly, the first two dot points impose an equivalent
"finally determined" requirement in relation to review by the AAT or any
judicial review proceedings. The last dot point provides an alternative to this
in that it allows an application to withdraw any review proceedings in order to
have a decision made on his or her Subclass 143 (Contributory Parent) visa
application.
2. The purpose of this amendment is to ensure that, at the
time of decision, an applicant for a Contributory Parent (Migrant) (Class CA)
visa is only eligible for the grant of the Subclass 143 (Contributory Parent)
visa and not another parent visa (as defined in regulation 1.03). This removes
the difficulties associated with an applicant being eligible for the grant of a
new parent visa and an existing parent visa concurrently.
3. New Division
143.4 provides the circumstances applicable to the grant of a new Subclass 143
(Contributory Parent) visa.
4. New clause 143.411 provides that if the
applicant is the holder of a Subclass 173 (Contributory Parent (Temporary)) visa
at the time of application, he or she may be in or outside Australia, but not in
immigration clearance, when the visa is granted.
5. New clause 143.412
provides that if the applicant is not the holder of a Subclass 173 (Contributory
Parent (Temporary)) visa at the time of application, he or she must be outside
Australia when the visa is granted.
6. The note to new clause 143.412
provides that the second instalment of the visa application charge (if any) must
be paid before the visa can be granted. Item 12 of this Schedule specifies the
amount of visa application charge to be paid by applicants at this
time.
7. New Division 143.5 sets out when a Subclass 143 (Contributory
Parent) visa is in effect. New clause 143.511 provides that a Subclass 143
(Contributory Parent) visa is a permanent visa permitting the holder to travel
to and enter Australia for a period of 5 years from the date of
grant.
8. New Division 143.6 provides the conditions that may or must be
imposed on a Subclass 143 (Contributory Parent) visa.
9. Under new
clause 143.611, if the applicant is outside when the visa is granted, first
entry to Australia must be made before a date specified by the Minister.
10. Under new clause 143.612, either or both of conditions 8502 and 8515
may be imposed on a Subclass 143 (Contributory Parent) visa.
11. Condition 8502 provides that the holder of the visa must not enter
Australia before the entry to Australia of a person specified in the visa.
12. Condition 8515 provides that the holder of the visa must not marry
before entering Australia.
13. New clause 143.711 requires that the visa
be evidenced by way of a visa label affixed to a valid passport.
14. This item inserts new Part 173 into Schedule 2 to the Migration
Regulations. The purpose of new Part 173 is to make provision for the grant of
a new Subclass 173 (Contributory Parent (Temporary)) visa to a parent with a
child in Australia, or to members of the family unit of a parent who satisfies
the primary criteria.
15. The criteria for the grant of a Subclass 173
(Contributory Parent (Temporary)) visa are based on the criteria for the grant
of the existing Subclass 103 (Parent) visa.
16. The note to new Division
173.1 sets out that the terms “eligible New Zealand citizen”,
“aged parent”, “close relative”, “guardian”,
“parent”, “parent visa”, “settled” and
“spouse” are defined in regulations 1.03, and “balance of
family test” is defined in regulation 1.05.
17. New Division 173.2
sets out the primary criteria to be satisfied by an applicant for the grant of a
Subclass 173 (Contributory Parent (Temporary)) visa. The note to new Division
173.2 explains that 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.
18. New
Subdivision 173.21 sets out the primary criteria to be satisfied by an applicant
at the time of application.
19. New clause 173.211 requires the applicant
to be the parent of a child who is a settled Australian citizen, a settled
Australian permanent resident or a settled eligible New Zealand
citizen.
20. New clause 173.212 sets out the sponsorship requirements to
be satisfied by an applicant. New subclauses 173.212(2) and 173.212(3) set out
who may sponsor an applicant according to whether or not the child of the
applicant has turned 18.
21. New subclause 173.212(2) provides that,
where the child of the applicant has turned 18, the child or the child’s
cohabiting spouse must sponsor the applicant. However, the child’s
cohabiting spouse must have turned 18 and be a settled Australian citizen, a
settled Australian permanent resident or a settled eligible New Zealand
citizen.
22. New subclause 173.212(3) provides for the situation where
the child has not turned 18. In these circumstances, the child’s
cohabiting spouse, a close relative or guardian of the child, or a close
relative or guardian of the child’s spouse must sponsor the applicant,
subject to the following requirements:
• that he or she has turned
18; and
• is a settled Australian citizen, a settled Australian
permanent resident or a settled eligible New Zealand
citizen.
1. Alternatively, a community organisation may also sponsor the
applicant if the child has not turned 18.
2. New clause 173.213 requires
an applicant to satisfy the balance of family test. Broadly, a parent will
satisfy the test if:
• at least half of their children live in
Australia; or
• the number of children in Australia is greater than the
greatest number of children resident in any single country
overseas.
1. New Subdivision 173.22 sets out the primary criteria to be
satisfied by an applicant at the time of decision.
2. New clause 173.221
requires the applicant to continue to satisfy the criterion in clause 173.211,
that is, to be a parent of a child who is a settled Australian citizen, a
settled Australian permanent resident or a settled eligible New Zealand
citizen.
3. Under new clause 173.222, the sponsorship in accordance with
clause 173.212 must have been approved by the Minister and still be in
force.
4. New clause 173.223 requires an applicant to continue to satisfy
the balance of family test.
5. Under new clause 173.224, an applicant
must satisfy public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and
4010. These criteria relate, broadly, to issues of health, character and other
aspects of the public interest.
6. New clause 173.225 requires that, if
the applicant has previously been in Australia, the applicant must satisfy
special return criteria 5001, 5002 and 5010.
7. New clause 173.226
requires each member of the family unit of the applicant who is an applicant for
a Subclass 173 (Contributory Parent (Temporary)) visa to be a person
who:
• satisfies public interest criteria 4001, 4002, 4003, 4004,
4005, 4009 and 4010; and
• if he or she has previously been in
Australia, satisfies special return criteria 5001, 5002 and
5010.
1. Under new clause 173.227, each member of the family unit of the
applicant who is not an applicant for a Subclass 173 (Contributory Parent
(Temporary)) visa must satisfy:
• public interest criteria 4001,
4002, 4003 and 4004; and
• public interest criterion 4005, unless the
Minister is satisfied that it would be unreasonable to require the person to
undergo an assessment in relation to that criterion.
1. New clause
173.228 requires that if a person:
• is a member of the applicant's
family unit; and
• has not turned 18; and
• made a combined
application with the applicant;
public interest criteria 4015 and 4016
must be satisfied in relation to that secondary applicant.
1. Public
interest criterion 4015 provides that the Minister must be satisfied of one of
the following:
• the law of the person’s home country permits
the removal of the applicant;
• each person who can lawfully determine
where the person is to live consents to the grant of the visa;
• the
grant of the visa would be consistent with any Australian child order in force
in relation to the person.
1. Public interest criterion 4016 provides
that the Minister must be satisfied that there is no compelling reason to
believe that the grant of the visa would not be in the best interests of the
person.
2. New clause 173.229 requires that, if the applicant has
previously made a valid application for another parent visa, certain things must
have occurred in relation to that other parent visa application.
3. Under
paragraph 173.229(a), an application for another parent visa that has been
previously made must have been finally determined (within the meaning of
subsection 5(9) of the Act) or withdrawn.
4. “Finally
determined” is defined in subsection 5(9) of the Act to mean, in relation
to an application, when either:
• a decision that has been made in
respect of the application is not, or is no longer, subject to any form of
review under Part 5 or 7 of the Act; or
• a decision that has been made
in respect of the application was subject to some form of review under Part 5 or
7, but the period within which such review could be instituted has ended without
a review having been instituted as prescribed.
1. In broad terms, this
means that either:
• the application for the other parent visa must
have been withdrawn before a primary decision was made on whether to grant or
refuse to grant the visa; or
• the primary decision to refuse to grant
that other parent visa must:
- not be subject to review by the MRT; or
- no longer subject to review by the MRT, because the review has been
completed; or
- not be able to be reviewed by the MRT because the prescribed
period for seeking review has ended.
1. In addition, paragraph 173.229(b)
requires any of the following to have occurred in relation to that other parent
visa application:
• each decision that has been made in respect of
the application is not, or is no longer, subject to any form of review by the
AAT or judicial review proceedings (including proceedings on appeal);
• a decision that has been made in respect of the application was
subject to review by the AAT or judicial review proceedings (including any
proceedings on appeal) but the period within which such a review or review
proceedings could be instituted has ended without a review or review proceedings
having been instituted as prescribed;
• if the applicant has applied
for review by the MRT, AAT or judicial review proceedings (including proceedings
on appeal) the applicant has withdrawn all applications for the review or review
proceedings.
1. Broadly, the first two dot points impose an equivalent
"finally determined" requirement in relation to review by the AAT or any
judicial review proceedings. The last dot point provides an alternative to this
in that it allows an application to withdraw any review proceedings in order to
have a decision made on his or her Subclass 173 (Contributory Parent
(Temporary)) visa application.
2. The purpose of this amendment is to
ensure that, at time of decision, an applicant for a Contributory Parent
(Temporary) (Class UT) visa is only eligible for the grant of the Subclass 173
(Contributory Parent (Temporary)) visa and not another parent visa (as defined
in regulation 1.03). This removes the difficulties associated with an applicant
being eligible for the grant of a new parent visa and an existing parent visa
concurrently.
3. New Division 173.3 sets out the secondary criteria that
must be satisfied for an applicant to be eligible for the grant of a Subclass
173 (Contributory Parent (Temporary)) visa.
4. New Subdivision 173.31
sets out the secondary criteria to be satisfied at the time of
application.
5. New clause 173.311 provides that the applicant must be a
member of the family unit of a person who satisfies the primary criteria in
Subdivision 173.21. The applicant must also have made a combined application
with the person who satisfies the primary criteria in Subdivision
173.21.
6. New clause 173.312 requires the sponsorship mentioned in
clause 173.212 of the person who satisfies the primary criteria to include
sponsorship of the secondary applicant.
7. New Subdivision 173.32 sets
out the secondary criteria to be satisfied at the time of
decision.
8. New clause 173.321 requires the applicant to continue to be
a member of the family unit of a person who, having satisfied the primary
criteria, is the holder of a Subclass 173 (Contributory Parent (Temporary))
visa.
9. New clause 173.322 requires the sponsorship in accordance with
new clause 173.312 to have been approved by the Minister and still be in
force.
10. New clause 173.323 provides that the applicant must satisfy
public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and
4010.
11. New clause 173.324 provides that, if the applicant has
previously been in Australia, the applicant must satisfy special return criteria
5001, 5002 and 5010.
12. New clause 173.325 requires that if the
applicant has not turned 18, public interest criteria 4017 and 4018 must be
satisfied.
13. New clause 173.326 requires that, if an applicant has
previously made a valid application for another parent visa, certain things must
have occurred in relation to that other parent visa
application.
14. Under paragraph 173.326(a), an application for another
parent visa that has been previously made must have been finally determined
(within the meaning of subsection 5(9) of the Act) or
withdrawn.
15. “Finally determined” is defined in subsection
5(9) of the Act to mean, in relation to an application, when
either:
• a decision that has been made in respect of the
application is not, or is no longer, subject to any form of review under Part 5
or 7 of the Act; or
• a decision that has been made in respect of the
application was subject to some form of review under Part 5 or 7, but the period
within which such review could be instituted has ended without a review having
been instituted as prescribed.
1. In broad terms, this means that
either:
• the application for the other parent visa must have been
withdrawn before a primary decision was made on whether to grant or refuse to
grant the visa; or
• the primary decision to refuse to grant that
other parent visa must:
- not be subject to review by the MRT; or
- no
longer subject to review by the MRT, because the review has been completed;
or
- not be able to be reviewed by the MRT because the prescribed period for
seeking review has ended.
1. In addition, paragraph 173.326(b) requires
any of the following to have occurred in relation to that other parent visa
application:
• each decision that has been made in respect of the
application is not, or is no longer, subject to any form of review by the AAT or
judicial review proceedings (including proceedings on appeal);
• a
decision that has been made in respect of the application was subject to review
by the AAT or judicial review proceedings (including any proceedings on appeal)
but the period within which such a review or review proceedings could be
instituted has ended without a review or review proceedings having been
instituted as prescribed;
• if the applicant has applied for review by
the MRT, AAT or judicial review proceedings (including proceedings on appeal)
the applicant has withdrawn all applications for the review or review
proceedings.
1. Broadly, the first two dot points impose an equivalent
"finally determined" requirement in relation to review by the AAT or any
judicial review proceedings. The last dot point provides an alternative to this
in that it allows an application to withdraw any review proceedings in order to
have a decision made on his or her Subclass 173 (Contributory Parent
(Temporary)) visa application.
2. The purpose of this amendment is to
ensure that, at time of decision, an applicant for a Contributory Parent
(Temporary) (Class UT) visa is only eligible for the grant of the Subclass 173
(Contributory Parent (Temporary)) visa and not another parent visa (as defined
in regulation 1.03). This removes the difficulties associated with an applicant
being eligible for the grant of a new parent visa and an existing parent visa
concurrently.
3. New Division 173.4 sets out the circumstances applicable
to the grant of a new Subclass 173 (Contributory Parent (Temporary))
visa.
4. New clause 173.411 requires that the applicant must be outside
Australia when the visa is granted.
5. The note to new clause 173.411
provides that the second instalment of the visa application charge (if any) must
be paid before the visa can be granted. Item 13 of this Schedule provides that
the amount of visa application charge to be paid at this time is $15,000, unless
the applicant is a dependent child who had not turned 18 at the time of
application.
6. New Division 173.5 sets out when a Subclass 173
(Contributory Parent (Temporary)) visa is in effect. New clause 173.511
provides that a Subclass 173 (Contributory Parent (Temporary)) visa is a
temporary visa permitting the holder to travel to, enter and remain in Australia
for 2 years from a date specified by the Minister for this
purpose.
7. New Division 173.6 provides the conditions that may or must
be attached to a Subclass 173 (Contributory Parent (Temporary))
visa.
8. New clause 173.611 requires an applicant’s first entry as
a holder of a Subclass 173 (Contributory Parent (Temporary)) visa to be made
before a date specified by the Minister for the purpose.
9. New clause
173.612 provides that either or both of conditions 8502 and 8515 may be imposed
on the visa.
10. Condition 8502 provides that the holder of the visa must
not enter Australia before the entry to Australia of a person specified in the
visa.
11. Condition 8515 provides that the holder of the visa must not
marry before entering Australia.
12. New clause 173.711 requires that the
visa be evidenced by way of a visa label affixed to a passport.
Item
21 Schedule 2, paragraph 773.213(2)(zq)
13. This item makes a minor
technical amendment to paragraph 773.213(2)(zq) consequential to the amendment
made by item 22, which inserts two new visa classes into subclause
773.213(2).
Item 22 Schedule 2, after paragraph
773.213(2)(zq)
14. This item inserts the new Contributory Parent
(Migrant) (Class CA) visa class and Contributory Aged Parent (Residence) (Class
DG) visa class into subclause 773.213(2) to enable a dependant child of a person
who holds one of these visas, who arrives in Australia in the care of that
person, to be eligible for the grant of a Subclass 773 (Border) visa.
15. This means that where a child has for some reason been
“omitted” from their parent’s visa, the child may be granted a
Subclass 773 (Border) visa to lawfully enter Australia.
Item 23
Schedule 2, paragraph 773.213(3)(l)
16. This item makes a minor
technical amendment to paragraph 773.213(3)(l) consequential to the amendment
made by item 24, which inserts two new visa classes into subclause
773.213(3).
Item 24 Schedule 2, after paragraph
773.213(3)(l)
17. This item inserts the new Contributory Parent
(Temporary) (Class UT) visa class and Contributory Aged Parent (Temporary)
(Class UU) visa class into subclause 773.213(3) to enable a dependant child of a
person who holds one of these visas, who arrives in Australia in the care of
that person, to be eligible for the grant of a Subclass 773 (Border) visa.
18. This means that where a child has for some reason been
“omitted” from their parent’s visa, the child may be granted a
Subclass 773 (Border) visa to lawfully enter Australia.
SCHEDULE 3
– Onshore contributory parent visas
19. This item inserts new item 1130A into Schedule 1 to the Migration
Regulations. This item establishes the new Contributory Aged Parent (Residence)
(Class DG) visa class.
Contributory Aged Parent (Residence) (Class
DG)
The requirements for making a valid application for the new
Contributory Aged Parent (Residence) (Class DG) visa class are as
follows:
• Applications must be made on form 47PA, unless the
applicant is the holder of a Subclass 884 (Special Aged Parent (Temporary))
visa, in which case the application must be made on form
47PT;
• The first instalment of the visa application charge
is:
- Nil for an applicant who has made a valid application for an Aged
Parent (Residence) (Class BP) visa before the day on which this item commences
and withdrew that application at the same time as making the application for the
Contributory Aged Parent (Residence) (Class DG) visa;
- $160 for an applicant
who is the holder of a Subclass 884 (Contributory Aged Parent (Temporary)) visa
at the time of application; and
- $1,745 in any other
case.
• The second instalment of the visa application charge is:
- Nil for an applicant who is the holder of a Subclass 884 (Contributory
Aged Parent (Temporary)) visa at the time of application, and
§ is the
natural or adopted child, or step-child, of an applicant for a Contributory Aged
Parent (Class DG) visa; and
§ had not turned 18 at the time of
application for the Contributory Aged Parent (Temporary) (Class UU)
visa;
- $1,050 for an applicant who is a dependent child of an applicant for
a Contributory Aged Parent (Residence) (Class DG) visa and has not turned 18
years at the time of application (unless the applicant met the requirement
above);
- $10,000 for an applicant who is the holder of a Subclass 884
(Contributory Aged Parent (Temporary)) visa at the time of application (unless
the applicant met the requirement above); and
- $25,000 in any other
case.
• Applications must be made in Australia but not in
immigration clearance.
• The applicant must be in Australia but not
in immigration clearance.
• If the applicant has previously made a
valid application for another parent visa (as defined in regulation
1.03):
- a decision to grant or to refuse to grant that visa must have
been made; or
- the application for that visa must have been
withdrawn.
• An 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.
1. The class contains one
visa subclass – Subclass 864 (Contributory Aged Parent). The criteria
for the grant of a visa in this subclass are inserted into Schedule 2 to the
Migration Regulations by item 5 of this Schedule.
2. This item inserts new item 1221A into Schedule 1 to the Migration
Regulations. This item establishes the new Contributory Aged Parent (Temporary)
(Class UU) visa class.
Contributory Aged Parent (Temporary) (Class
UU)
The requirements for making a valid application for the new
Contributory Aged Parent (Temporary) (Class UU) visa class are as
follows:
• Applications must be made on form
47PA;
• The first instalment of the visa application charge
is:
- Nil for an applicant who has made a valid application for an Aged
Parent (Residence) (Class BP) visa before the day on which this item commences
and withdrew that application at the same time as making the application for the
Contributory Aged Parent (Temporary) (Class UU) visa; and
- $1,745 in any
other case.
• The second instalment of the visa application charge
is:
- $1,050 for an applicant who is a dependant child of an applicant
for a Contributory Aged Parent (Temporary) (Class UU) visa and has not turned 18
at the time of application; and
- $15,000 in any other
case.
• Applications must be made in Australia but not in
immigration clearance.
• The applicant must be in Australia but not
in immigration clearance.
• If the applicant has previously made a
valid application for another parent visa (as defined in regulation
1.03):
- a decision to grant or to refuse to grant that visa must have
been made; or
- the application for that visa must have been
withdrawn.
• An application by a person claiming to be a member of
the family unit may 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.
1. The class contains
one visa subclass – Subclass 884 (Contributory Aged Parent). The criteria
for the grant of a visa in this subclass are inserted into Schedule 2 to the
Migration Regulations by item 6 of this Schedule.
Item 4 Schedule 2, after clause 804.325
2. These items make
consequential amendments to Part 804 of Schedule 2 to the Migration Regulations.
New clauses 804.228 and 804.326 require that, if a primary or secondary
applicant has previously made a valid application for another parent visa,
certain things must have occurred in relation to that other parent visa
application.
3. Under paragraphs 804.228(a) and 804.326(a), an
application for another parent visa that has been previously made must have been
finally determined (within the meaning of subsection 5(9) of the Act) or
withdrawn.
4. “Finally determined” is defined in subsection
5(9) of the Act to mean, in relation to an application, when
either:
• a decision that has been made in respect of the
application is not, or is no longer, subject to any form of review under Part 5
or 7 of the Act; or
• a decision that has been made in respect of the
application was subject to some form of review under Part 5 or 7, but the period
within which such review could be instituted has ended without a review having
been instituted as prescribed.
1. In broad terms, this means that
either:
• the application for the other parent visa must have been
withdrawn before a primary decision was made on whether to grant or refuse to
grant the visa; or
• the primary decision to refuse to grant that
other parent visa must:
- not be subject to review by the MRT; or
- no
longer subject to review by the MRT, because the review has been completed;
or
- not be able to be reviewed by the MRT because the prescribed period for
seeking review has ended.
1. In addition, paragraphs 804.228(b) and
804.326(b) require any of the following to have occurred in relation to that
other parent visa application:
• each decision that has been made
in respect of the application is not, or is no longer, subject to any form of
review by the AAT or judicial review proceedings (including proceedings on
appeal);
• a decision that has been made in respect of the application
was subject to review by the AAT or judicial review proceedings (including any
proceedings on appeal) but the period within which such a review or review
proceedings could be instituted has ended without a review or review proceedings
having been instituted as prescribed;
• if the applicant has applied
for review by the MRT, AAT or judicial review proceedings (including proceedings
on appeal) the applicant has withdrawn all applications for the review or review
proceedings.
1. Broadly, the first two dot points impose an equivalent
"finally determined" requirement in relation to review by the AAT or any
judicial review proceedings. The last dot point provides an alternative to this
in that it allows an application to withdraw any review proceedings in order to
have a decision made on his or her Subclass 804 (Aged Parent) visa
application.
2. The purpose of these amendments is to ensure that, at the
time of decision, an applicant for an Aged Parent (Residence) (Class BP) visa is
only eligible for the grant of the Subclass 804 (Aged Parent) visa and not
another parent visa (as defined in regulation 1.03). This removes the
difficulties associated with an applicant being eligible for the grant of an
existing parent visa and a new parent visa concurrently.
3. This item inserts new Part 864 into Schedule 2 to the Migration
Regulations. The purpose of new Part 864 is to make provision for the grant of
a new Subclass 864 (Contributory Aged Parent) visa to an aged parent with a
child in Australia, or to members of the family unit of an aged parent who
satisfies the primary criteria.
4. The criteria for the Subclass 864
(Contributory Aged Parent) visa are broadly similar to the criteria for the
existing Subclass 804 (Aged Parent) visa, with certain special provisions for
applicants who hold a Subclass 884 (Contributory Aged Parent (Temporary)) visa
at the time of application.
5. An “aged parent” is defined in
regulation 1.03 to mean a parent who is old enough to be granted an age pension
under the Social Security Act 1991. Regulation 1.03 further provides
that a “working age parent” is a parent who is not an aged
parent.
6. The note to new Division 864.1 provides a reference to
definitions that are relevant for the purposes of new Part 864. It provides
that the terms “eligible New Zealand citizen”, “aged
parent”, “close relative”, “guardian”,
“parent”, “parent visa”, “settled” and
“spouse” are defined in regulations 1.03, and “balance of
family test” is defined in regulation 1.05.
7. New Division 864.2
sets out the primary criteria that must be satisfied by an applicant for the
grant of a Subclass 864 (Contributory Aged Parent) visa. The note to new
Division 864.2 provides that 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 Subclass 864 (Contributory Aged Parent) visa need satisfy only
the secondary criteria.
8. New Subdivision 864.21 sets out the primary
criteria to be satisfied at the time of application.
9. New subclause
864.211(1) sets out a general rule that an applicant must be:
• the
holder of a substantive visa (other than a Subclass 771 (Transit) visa); or
• a person who is not the holder of a substantive visa and immediately
before ceasing to hold a substantive visa was not the holder of a Subclass 771
(Transit) visa and satisfies criterion 3002.
1. Criterion 3002 in
Schedule 3 to the Regulations requires an application to have been validly made
within 12 months after the relevant day, which is set out in criterion 3001.
Broadly speaking, the relevant day is linked to when the applicant last ceased
to hold a substantive visa or entered Australia unlawfully.
2. New
subclause 864.211(2) sets out an exception to subclause 864.211(1). That is,
subclause 864.211(1) does not apply to an applicant who withdrew his or her
application for a Subclass 804 (Aged Parent) visa at the time of making the
application for the Subclass 864 (Contributory Aged Parent) visa.
3. This amendment is necessary to facilitate the transfer of former
applicants seeking to be granted a Subclass 804 visa to the new Subclass 864
(Contributory Aged Parent) visa. Such applicants may not hold a substantive
visa and may have made their application in respect of the Subclass 804 visa
more than 12 months ago.
4. New clause 864.212 provides that the
applicant must be, either:
• the aged parent of a child who is a
settled Australian citizen, a settled Australian permanent resident or a settled
eligible New Zealand citizen; or
• a person who is the holder of a
Subclass 884 (Contributory Aged Parent (Temporary)) visa at the time of
application and is no longer the parent of such a child because the child has
died, and he or she is not the parent of another such child.
1. New
clause 864.213 sets out the sponsorship requirements to be satisfied by an
applicant. It provides that an applicant must either be sponsored in accordance
with new subclause 864.213(2) or 864.213(3), or be taken to be sponsored under
subclause 864.213(4).
2. New subclause 864.213(2) provides that where the
child has turned 18, the child or the child’s cohabiting spouse must
sponsor the applicant. However, the child’s cohabiting spouse must have
turned 18 and be a settled Australian citizen, a settled Australian permanent
resident or a settled eligible New Zealand citizen.
3. New subclause
864.213(3) provides for the situation where the child has not turned 18. In
these circumstances, the child’s cohabiting spouse, a close relative or
guardian of the child, or a close relative or guardian of the child’s
spouse must sponsor the applicant, subject to the following requirements:
• that he or she has turned 18; and
• is a settled Australian
citizen, a settled Australian permanent resident or a settled eligible New
Zealand citizen.
1. Alternatively, a community organisation may also
sponsor the applicant if the child has not turned 18.
2. New subclause
864.213(4) provides that an applicant is taken to be sponsored for the purposes
of new clause 864.213 in the following circumstances:
• the
applicant is the holder of a Subclass 884 (Contributory Aged Parent (Temporary))
visa at the time of application; and
• 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
• there is no other sponsor available who could meet the
requirements set out in subclause 864.213(2) or 864.213(3).
1. This
amendment reflects the policy intention that, in these circumstances, an
applicant for a Contributory Aged Parent (Residence) (Class DG) visa should not
be required to satisfy sponsorship requirements to be eligible for the grant of
a Subclass 864 (Contributory Aged Parent) visa.
2. New clause 864.214
provides that an applicant who is not the holder of a Subclass 884 (Contributory
Aged Parent (Temporary)) visa at the time of application must satisfy the
balance of family test. Broadly, a parent will satisfy the test
if:
• at least half of their children live in Australia;
or
• the number of children in Australia is greater than the greatest
number of children resident in any single country overseas.
1. An
applicant who is the holder of a Subclass 884 (Contributory Aged Parent
(Temporary)) visa is exempt from having to satisfy the balance of family test
because he or she has previously satisfied this criterion in relation to the
grant of his or her Subclass 884 (Contributory Aged Parent (Temporary)) visa.
2. New Subdivision 864.22 sets out the primary criteria to be satisfied
at the time of decision for an applicant to be eligible for the grant of a
Subclass 864 (Contributory Aged Parent) visa.
3. New clause 864.221
provides that the applicant must continue to meet the requirements set out in
clause 864.212. Therefore, at the time of decision the applicant
must:
• still be an aged parent of a child who is a settled
Australian citizen, a settled Australian permanent resident or settled eligible
New Zealand citizen; or
• be a person who is not an aged parent of such
a child because, since the time of application for the Subclass 884
(Contributory Aged Parent (Temporary)) visa, the child has died and he or she
has no other child in Australia who is a settled Australian citizen, a settled
Australian permanent resident or a settled eligible New Zealand
citizen.
1. New clause 864.222 sets out the sponsorship requirements that
an applicant must meet at the time of decision. Under new clause 864.222, an
applicant must meet the requirements of either paragraph 864.222(a) or paragraph
864.222(b).
2. The general rule, that sponsorship in accordance with
new subclause 864.213(2) or 864.213(3) must be approved by the Minister and
still be in force, is provided in new paragraph 864.222(a). This applies in
relation to:
• for an applicant who was the holder of a Subclass
884 (Contributory Aged Parent (Temporary)) visa at the time of application
– the sponsor at the time of application or another sponsor who meets the
requirements set out in subclause 864.213(2) or 864.213(3); or
• in any
other case – the sponsor at the time of
application.
1. Alternatively, an applicant may satisfy the criterion in
clause 864.222 by meeting the requirements of new paragraph 864.222(b). Under
new paragraph 864.222(b), all of the following must apply:
• the
applicant was the holder of a Subclass 884 (Contributory Aged Parent
(Temporary)) visa at the time of application;
• a sponsor of the
applicant who usually resides in Australia dies before a decision was made to
grant, or to refuse to grant, the Subclass 864 (Contributory Aged Parent)
visa;
• there is no other sponsor available who meets the requirements
set out in subclause 864.213(2) or 864.213(3).
1. New paragraph
864.222(b) covers the situation where either:
• the applicant was
sponsored in accordance with subclause 864.213(2) or 864.213(3), but the sponsor
died before the decision to grant or refuse to grant the Subclass 864 visa was
made, and no other sponsor is available; or
• the applicant was taken
to be sponsored under subclause 864.213(4) and there is still no other sponsor
available at the time of decision; or
• the applicant was taken to be
sponsored under subclause 864.213(4) and although another sponsor became
available after time of application, the sponsor died before a decision to grant
or refuse to grant the Subclass 864 visa was made.
1. Under new clause
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 must
satisfy:
• the balance of family test; and
• public
interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010. These criteria
relate, broadly, to issues of health, character and other aspects of the public
interest.
1. New clause 864.224 requires that, if the applicant was
the holder of a Subclass 884 (Contributory Aged Parent (Temporary)) visa at
the time of application, the applicant must:
• satisfy public
interest criteria 4001, 4002 and 4003 (which relate, broadly, to issues of
character); and
• have undergone any health checks that the Minister
considers appropriate (for example, where the applicant had recently travelled
to a country with a high risk of tuberculosis).
1. This provision
recognises the fact that such applicants will previously have satisfied the
balance of family test and the public interest criteria for the grant of his or
her Subclass 884 (Contributory Aged Parent (Temporary)) visa.
2. New
clause 864.225 provides that, if the applicant has previously been in Australia,
the applicant must satisfy special return criteria 5001, 5002, and
5010.
3. New clause 864.226 requires that an AOS in relation to the
applicant has been given and accepted by the Minister. Items 6 and 7 of
Schedule 1 introduce modified AOS arrangements in respect of a primary applicant
for a Contributory Aged Parent (Residence) (Class DG) visa, including an AOS
period of 10 years and an AOS bond of $10,000.
4. Under new clause
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 must be a person who:
• satisfies
public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010;
and
• if he or she has previously been in Australia, satisfies special
return criteria 5001, 5002 and 5010.
1. Under new clause 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 must satisfy:
• public interest criteria 4001, 4002,
4003 and 4004; and
• public interest criterion 4005, unless the
Minister is satisfied that it would be unreasonable to require the person to
undergo an assessment in relation to that criterion.
1. New clause
864.229 requires that if a person:
• is a member of the
applicant’s family unit; and
• has not turned 18; and
• made a combined application with the applicant
public
interest criteria 4015 and 4016 must be satisfied in relation to the secondary
applicant.
1. Public interest criterion 4015 provides that the Minister
must be satisfied of one of the following:
• the law of the
person’s home country permits the removal of the
applicant;
• each person who can lawfully determine where the person is
to live consents to the grant of the visa;
• the grant of the visa
would be consistent with any Australian child order in force in relation to the
person.
1. Public interest criterion 4016 provides that the Minister must
be satisfied that there is no compelling reason to believe that the grant of the
visa would not be in the best interests of the person.
2. New clause
864.230 requires that, if the applicant has already made a valid application for
another parent visa, certain things must have occurred in relation to that other
parent visa application.
3. Under paragraph 864.230(a), an application
for another parent visa that has been previously made must have been finally
determined (within the meaning of subsection 5(9) of the Act) or
withdrawn.
4. “Finally determined” is defined in subsection
5(9) of the Act to mean, in relation to an application, when
either:
• a decision that has been made in respect of the
application is not, or is no longer, subject to any form of review under Part 5
or 7 of the Act; or
• a decision that has been made in respect of the
application was subject to some form of review under Part 5 or 7, but the period
within which such review could be instituted has ended without a review having
been instituted as prescribed.
1. In broad terms, this means that
either:
• the application for the other parent visa must have been
withdrawn before a primary decision was made on whether to grant or refuse to
grant the visa; or
• the primary decision to refuse to grant that
other parent visa must:
- not be subject to review by the MRT; or
- no
longer subject to review by the MRT, because the review has been completed;
or
- not be able to be reviewed by the MRT because the prescribed period for
seeking review has ended.
1. In addition, paragraph 864.230(b) requires
any of the following to have occurred in relation to that other parent visa
application:
• each decision that has been made in respect of the
application is not, or is no longer, subject to any form of review by the AAT or
judicial review proceedings (including proceedings on appeal);
• a
decision that has been made in respect of the application was subject to review
by the AAT or judicial review proceedings (including any proceedings on appeal)
but the period within which such a review or review proceedings could be
instituted has ended without a review or review proceedings having been
instituted as prescribed;
• if the applicant has applied for review by
the MRT, AAT or judicial review proceedings (including proceedings on appeal)
the applicant has withdrawn all applications for the review or review
proceedings.
1. Broadly, the first two dot points impose an equivalent
"finally determined" requirement in relation to review by the AAT or any
judicial review proceedings. The last dot point provides an alternative to this
in that it allows an application to withdraw any review proceedings in order to
have a decision made on his or her Subclass 864 (Contributory Aged Parent) visa
application.
2. The purpose of this amendment is to ensure that, at the
time of decision, an applicant for a Contributory Aged Parent (Residence) (Class
DG) visa is only eligible for the grant of the Subclass 864 (Contributory Aged
Parent) visa and not another parent visa (as defined in regulation 1.03). This
removes the difficulties associated with an applicant being eligible for the
grant of a new parent visa and an existing parent visa
concurrently.
3. New Division 864.3 provides for the secondary criteria
that must be satisfied for the grant of a Subclass 864 (Contributory Aged
Parent) visa.
4. New Subdivision 864.31 sets out the criteria to be
satisfied by secondary applicants at the time of application.
5. New
clause 864.311 provides that the applicant must be a member of the family unit
of, and have made a combined application with, a person who satisfies the
primary criteria in Subdivision 864.21. Item 2 of Schedule 2 to the Bill amends
regulation 1.12 to expand the definition of “member of a family
unit” to ensure that a person who:
• holds a Subclass 884
(Contributory Aged Parent (Temporary)) visa at the time of application for the
Subclass 864 (Contributory Aged Parent) visa; and
• is no longer
dependent;
is eligible for the grant of a Subclass 864 (Contributory
Aged Parent) visa.
1. New clause 864.312 requires that
either:
• the sponsorship mentioned in subclause 864.213(2) or
864.213(3) of the person who satisfies the primary criteria include sponsorship
of the applicant; or
• the person who satisfies the primary criteria,
and the applicant, meet the requirements of subclause 864.213(4).
This
ensures that the applicant seeking to satisfy the secondary criteria is also
sponsored, or taken to be sponsored.
1. New Subdivision 864.32 sets out
the secondary criteria to be satisfied at the time of decision for a secondary
applicant to be eligible for the grant of the Subclass 864 (Contributory Aged
Parent) visa.
2. New clause 864.321 provides that the applicant must
continue to be 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.
3. New clause 864.322 sets out the sponsorship requirements to be
satisfied by secondary applicants at the time of decision.
4. The
general rule, that the sponsorship mentioned in paragraph 864.222(a), that
includes sponsorship of the secondary applicant, must have been approved by the
Minister and still be in force, is provided in paragraph 864.322(a).
5. As an alternative to paragraph 864.322(a), paragraph 864.322(b)
provides that clause 864.322 is also satisfied where the person who, at the time
of decision, satisfied the primary criteria met the requirements of paragraph
864.222(b) and the secondary applicant also meets those requirements at the time
of decision.
6. New clause 864.323 requires the applicant to satisfy
public interest criteria 4001, 4002 and 4003. These criteria relate, broadly,
to character.
7. New clause 864.324 requires an applicant who was not the
holder of a Subclass 884 (Contributory Parent (Temporary)) visa at the time of
application to satisfy public interest criteria 4004, 4005, 4009 and 4010.
These criteria relate, broadly, to health and other aspects of the public
interest.
8. New clause 864.325 sets out a modified health requirement
for an applicant who was the holder of a Subclass 884 (Contributory Aged Parent
(Temporary)) visa at the time of application. It requires the applicant to have
undergone any health checks that the Minister considers appropriate.
9. This provision recognises that such an applicant will previously have
satisfied the health criteria for the grant of his or her Subclass 884
(Contributory Aged Parent (Temporary)) visa. However, it also provides
flexibility for a health check to be required where appropriate, for example,
where the applicant has recently travelled to a country with a high risk of
tuberculosis.
10. New clause 864.326 provides that, if the applicant has
previously been in Australia, the applicant must satisfy special return criteria
5001, 5002 and 5010.
11. New clause 864.327 requires
either:
• the applicant to be included in the AOS given in relation
to the person who satisfies the primary criteria, and that the assurance has
been accepted by the Minister; or
• an AOS in relation to the applicant
to have been given to, and accepted by, the Minister.
1. Items 6 and 7 of
Schedule 1 introduce modified AOS arrangements in respect of a secondary
applicant for a Contributory Aged Parent (Residence) (Class DG) visa, including
an AOS period of 10 years and an AOS bond of $4,000.
2. New clause
864.328 requires that if the applicant has not turned 18, public interest
criteria 4017 and 4018 must be satisfied.
3. New clause 864.329 provides
that if the applicant has previously made a valid application for another parent
visa, certain things must have occurred in relation to that other parent visa
application.
4. Under paragraph 864.329(a), an application for another
parent visa that has been previously made must have been finally determined
(within the meaning of subsection 5(9) of the Act) or
withdrawn.
5. “Finally determined” is defined in subsection
5(9) of the Act to mean, in relation to an application, when
either:
• a decision that has been made in respect of the
application is not, or is no longer, subject to any form of review under Part 5
or 7 of the Act; or
• a decision that has been made in respect of the
application was subject to some form of review under Part 5 or 7, but the period
within which such review could be instituted has ended without a review having
been instituted as prescribed.
1. In broad terms, this means that
either:
• the application for the other parent visa must have been
withdrawn before a primary decision was made on whether to grant or refuse to
grant the visa; or
• the primary decision to refuse to grant that
other parent visa must:
- not be subject to review by the MRT; or
- no
longer subject to review by the MRT, because the review has been completed;
or
- not be able to be reviewed by the MRT because the prescribed period for
seeking review has ended.
1. In addition, paragraph 864.329(b) requires
any of the following to have occurred in relation to that other parent visa
application:
• each decision that has been made in respect of the
application is not, or is no longer, subject to any form of review by the AAT or
judicial review proceedings (including proceedings on appeal);
• a
decision that has been made in respect of the application was subject to review
by the AAT or judicial review proceedings (including any proceedings on appeal)
but the period within which such a review or review proceedings could be
instituted has ended without a review or review proceedings having been
instituted as prescribed;
• if the applicant has applied for review by
the MRT, AAT or judicial review proceedings (including proceedings on appeal)
the applicant has withdrawn all applications for the review or review
proceedings.
1. Broadly, the first two dot points impose an equivalent
"finally determined" requirement in relation to review by the AAT or any
judicial review proceedings. The last dot point provides an alternative to this
in that it allows an application to withdraw any review proceedings in order to
have a decision made on his or her Subclass 864 (Contributory Aged Parent) visa
application.
2. The purpose of this amendment is to ensure that, at the
time of decision, an applicant for a Contributory Aged Parent (Residence) (Class
DG) visa is only eligible for the grant of the Subclass 864 (Contributory Aged
Parent) visa and not another parent visa (as defined in regulation 1.03). This
removes the difficulties associated with an applicant being eligible for the
grant of a new parent visa and an existing parent visa
concurrently.
3. New Division 864.4 provides the circumstances applicable
to the grant of a new Subclass 864 (Contributory Aged Parent)
visa.
4. New clause 864.411 requires that the applicant must be in
Australia, but not in immigration clearance, when the visa is
granted.
5. The note to new clause 864.411 provides that the second
instalment of the visa application charge (if any) must be paid before the visa
can be granted. Item 1 of this Schedule specifies the amount of visa
application charge to be paid by an applicant at this time.
6. New
Division 864.5 sets out when a Subclass 864 (Contributory Aged Parent) visa is
in effect. New clause 864.511 provides that a Subclass 864 (Contributory Aged
Parent) visa is a permanent visa permitting the holder to travel to and enter
Australia for a period of 5 years from the date of grant.
7. New Division
864.6 provides that there are no conditions applicable to the grant of a
Subclass 864 (Contributory Aged Parent) visa.
8. New clause 864.711
requires that the visa be evidenced by way of a visa label affixed to a valid
passport.
9. This item inserts new Part 884 into Schedule 2 to the Migration
Regulations. The purpose of new Part 884 is to make provision for the grant of
a new Subclass 884 (Contributory Aged Parent (Temporary)) visa to an aged parent
with a child in Australia, or to members of the family unit of an aged parent
who satisfies the primary criteria.
10. The criteria for the Subclass 884
(Contributory Aged Parent) visa are based on the criteria for the existing
Subclass 804 (Aged Parent) visa.
11. The note to new Division 884.1 sets
out that the terms “eligible New Zealand citizen”, “aged
parent”, “close relative”, “guardian”,
“parent”, “settled” and “spouse” are defined
in regulation 1.03, and “balance of family test” is defined in
regulation 1.05.
12. An “aged parent” is defined in
regulation 1.03 to mean a parent who is old enough to be granted an age pension
under the Social Security Act 1991. Regulation 1.03 further provides
that a “working age parent” is a parent who is not an aged
parent.
13. New Division 884.2 sets out the primary criteria that must be
satisfied by an applicant for the grant of a Subclass 884 (Contributory Aged
Parent (Temporary)) visa. The note to new Division 884.2 explains that 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.
14. New Subdivision 884.21 sets
out the primary criteria to be satisfied at the time of
application.
15. New subclause 884.211(1) sets out a general rule that an
applicant must be:
• the holder of a substantive visa (other than a
Subclass 771 (Transit) visa); or
• a person who is not the holder of a
substantive visa and immediately before ceasing to hold a substantive visa was
not the holder of a Subclass 771 (Transit) visa and satisfies criterion
3002.
1. Criterion 3002 in Schedule 3 to the Regulations requires an
application to have been validly made within 12 months after the relevant day,
which is set out in criterion 3001. Broadly speaking, the relevant day is
linked to when the applicant last ceased to hold a substantive visa or entered
Australia unlawfully.
2. New subclause 884.211(2) sets out an exception
to subclause 884.211(1). That is, subclause 884.211(1) does not apply to an
applicant who withdrew his or her application for a Subclass 804 (Aged Parent)
visa at the time of making the application for the Subclass 884 (Contributory
Aged Parent (Temporary)) visa.
3. This amendment is necessary to
facilitate the transfer of former applicants seeking to be granted a Subclass
804 visa to the new Subclass 884 (Contributory Aged Parent (Temporary)) visa.
Such applicants may not hold a substantive visa and may have made their
application in respect of the Subclass 804 visa more than 12 months ago.
4. New clause 884.212 requires an applicant to be the aged parent of a
child who is a settled Australian citizen, settled Australian permanent resident
or a settled eligible New Zealand citizen and be sponsored in accordance with
new subclause 884.212(2) or 884.212(3).
5. New subclause 884.212(2)
provides that, where the child has turned 18, the child or the child’s
cohabiting spouse must sponsor the applicant. However, the child’s
cohabiting spouse must have turned 18 and be a settled Australian citizen, a
settled Australian permanent resident or a settled eligible New Zealand citizen.
6. New subclause 884.212(3) provides for the situation where the child
has not turned 18. In these circumstances, the child’s cohabiting spouse,
a close relative or guardian of the child, or a close relative or guardian of
the child’s spouse must sponsor the applicant, subject to the following
requirements:
• that he or she has turned 18; and
• is a
settled Australian citizen, a settled Australian permanent resident or a settled
eligible New Zealand citizen.
1. Alternatively, a community organisation
may also sponsor the applicant if the child has not turned 18.
2. New
clause 884.213 requires an applicant to satisfy the balance of family test.
Broadly, a parent will satisfy the test if:
• at least half of
their children live in Australia; or
• the number of children in
Australia is greater than the greatest number of children resident in any single
country overseas.
1. New Subdivision 884.22 sets out the primary criteria
to be satisfied at the time of decision for an applicant to be eligible for the
grant of a Subclass 884 (Contributory Aged Parent (Temporary))
visa.
2. Under new clause 884.221, the applicant must continue to satisfy
the criterion in new subclause 884.212(1), that is, to be an aged parent of a
child who is a settled Australian citizen, a settled Australian permanent
resident or a settled eligible New Zealand citizen.
3. New clause 884.222
requires that the sponsorship in accordance with clause 884.212 must have been
approved by the Minister and still be in force.
4. New clause 884.223
requires the applicant to continue to satisfy the balance of family
test.
5. New clause 884.224 provides that the applicant must satisfy
public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010. These
criteria relate, broadly, to issues of health, character and other aspects of
the public interest.
6. New clause 884.225 requires that, if the
applicant has previously been in Australia, the applicant satisfy special return
criteria 5001, 5002 and 5010.
7. Under new clause 884.226, each member of
the family unit of the applicant who is an applicant for a Subclass 884
(Contributory Aged Parent (Temporary)) visa must be a person
who:
• satisfies public interest criteria 4001, 4002, 4003, 4004,
4005, 4009 and 4010; and
• if he or she has previously been in
Australia, satisfies special return criteria 5001, 5002 and 5010.
1. New
clause 884.227 requires each member of the family unit of the applicant who is
not an applicant for a Subclass 884 (Contributory Aged Parent (Temporary)) visa
to satisfy:
• public interest criteria 4001, 4002, 4003 and 4004;
and
• public interest criterion 4005, unless the Minister is satisfied
that it would be unreasonable to require the person to undergo an assessment in
relation to that criterion.
1. New clause 884.228 provides that if a
person:
• is a member of the applicant’s family unit;
and
• has not turned 18; and
• made a combined application
with the applicant
public interest criteria 4015 and 4016 must be
satisfied in relation to the secondary applicant.
1. Public interest
criterion 4015 provides that the Minister must be satisfied of one of the
following:
• the law of the person’s home country permits the
removal of the applicant;
• each person who can lawfully determine
where the person is to live consents to the grant of the visa;
• the
grant of the visa would be consistent with any Australian child order in force
in relation to the person.
1. Public interest criterion 4016 provides
that the Minister must be satisfied that there is no compelling reason to
believe that the grant of the visa would not be in the best interests of the
person.
2. New clause 884.229 requires that, if an applicant has
previously made a valid application for another parent visa, certain things must
have occurred in relation to that other parent visa application.
3. Under
paragraph 884.229(a), an application for another parent visa that has been
previously made must have been finally determined (within the meaning of
subsection 5(9) of the Act) or withdrawn.
4. “Finally
determined” is defined in subsection 5(9) of the Act to mean, in relation
to an application, when either:
• a decision that has been made in
respect of the application is not, or is no longer, subject to any form of
review under Part 5 or 7 of the Act; or
• a decision that has been made
in respect of the application was subject to some form of review under Part 5 or
7, but the period within which such review could be instituted has ended without
a review having been instituted as prescribed.
1. In broad terms, this
means that either:
• the application for the other parent visa must
have been withdrawn before a primary decision was made on whether to grant or
refuse to grant the visa; or
• the primary decision to refuse to grant
that other parent visa must:
- not be subject to review by the MRT; or
- no longer subject to review by the MRT, because the review has been
completed; or
- not be able to be reviewed by the MRT because the prescribed
period for seeking review has ended.
1. In addition, paragraph 884.229(b)
requires any of the following to have occurred in relation to that other parent
visa application:
• each decision that has been made in respect of
the application is not, or is no longer, subject to any form of review by the
AAT or judicial review proceedings (including proceedings on appeal);
• a decision that has been made in respect of the application was
subject to review by the AAT or judicial review proceedings (including any
proceedings on appeal) but the period within which such a review or review
proceedings could be instituted has ended without a review or review proceedings
having been instituted as prescribed;
• if the applicant has applied
for review by the MRT, AAT or judicial review proceedings (including proceedings
on appeal) the applicant has withdrawn all applications for the review or review
proceedings.
1. Broadly, the first two dot points impose an equivalent
"finally determined" requirement in relation to review by the AAT or any
judicial review proceedings. The last dot point provides an alternative to this
in that it allows an application to withdraw any review proceedings in order to
have a decision made on his or her Subclass 884 (Contributory Aged Parent
(Temporary)) visa application.
2. The purpose of this amendment is to
ensure that, at the time of decision, an applicant for a Contributory Aged
Parent (Temporary) (Class UU) visa is only eligible for the grant of the
Subclass 884 (Contributory Aged Parent (Temporary)) visa and not another parent
visa (as defined in regulation 1.03). This removes the difficulties associated
with an applicant being eligible for the grant of a new parent visa and an
existing parent visa concurrently.
3. New Division 884.3 provides for the
secondary criteria that must be satisfied for an applicant to be eligible for
the grant of a Subclass 884 (Contributory Aged Parent (Temporary)) visa.
4. New Subdivision 884.31 sets out the secondary criteria to be
satisfied at the time of application.
5. New clause 884.311 provides that
the applicant must be a member of the family unit of a person who satisfies the
primary criteria in Subdivision 884.21. The applicant must also have made a
combined application with the person who satisfies the primary criteria in
Subdivision 884.21.
6. New clause 884.312 requires that the sponsorship
mentioned in clause 884.212 of the person who satisfies the primary criteria
include sponsorship of the applicant.
7. New Subdivision 884.32 sets out
the secondary criteria to be satisfied at the time of decision.
8. New
clause 884.321 provides that the applicant must continue to be 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.
9. New clause 884.322 provides that sponsorship in accordance with
new clause 884.312 must have been approved by the Minister and still be in
force.
10. New clause 884.323 requires the applicant to satisfy public
interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010. These criteria
relate, broadly, to issues of health, character and other public interest
matters.
11. New clause 884.324 requires that if the applicant has not
turned 18, public interest criteria 4017 and 4018 must be satisfied.
12. New clause 884.325 provides that, if an applicant has previously
made a valid application for another parent visa, certain things must have
occurred in relation to that other parent visa application.
13. Under
paragraph 884.325(a), an application for another parent visa that has been
previously made must have been finally determined (within the meaning of
subsection 5(9) of the Act) or withdrawn.
14. “Finally
determined” is defined in subsection 5(9) of the Act to mean, in relation
to an application, when either:
• a decision that has been made in
respect of the application is not, or is no longer, subject to any form of
review under Part 5 or 7 of the Act; or
• a decision that has been made
in respect of the application was subject to some form of review under Part 5 or
7, but the period within which such review could be instituted has ended without
a review having been instituted as prescribed.
1. In broad terms, this
means that either:
• the application for the other parent visa must
have been withdrawn before a primary decision was made on whether to grant or
refuse to grant the visa; or
• the primary decision to refuse to grant
that other parent visa must:
- not be subject to review by the MRT; or
- no longer subject to review by the MRT, because the review has been
completed; or
- not be able to be reviewed by the MRT because the prescribed
period for seeking review has ended.
1. In addition, paragraph 884.325(b)
requires any of the following to have occurred in relation to that other parent
visa application:
• each decision that has been made in respect of
the application is not, or is no longer, subject to any form of review by the
AAT or judicial review proceedings (including proceedings on appeal);
• a decision that has been made in respect of the application was
subject to review by the AAT or judicial review proceedings (including any
proceedings on appeal) but the period within which such a review or review
proceedings could be instituted has ended without a review or review proceedings
having been instituted as prescribed;
• if the applicant has applied
for review by the MRT, AAT or judicial review proceedings (including proceedings
on appeal) the applicant has withdrawn all applications for the review or review
proceedings.
1. Broadly, the first two dot points impose an equivalent
"finally determined" requirement in relation to review by the AAT or any
judicial review proceedings. The last dot point provides an alternative to this
in that it allows an application to withdraw any review proceedings in order to
have a decision made on his or her Subclass 884 (Contributory Aged Parent
(Temporary)) visa application.
2. The purpose of this amendment is to
ensure that, at the time of decision, an applicant for a Contributory Aged
Parent (Temporary) (Class UU) visa is only eligible for the grant of the
Subclass 884 (Contributory Aged Parent (Temporary)) visa and not another parent
visa (as defined in regulation 1.03). This removes the difficulties associated
with an applicant being eligible for the grant of a new parent visa and an
existing parent visa concurrently.
3. New clause 884.326 provides that,
if the applicant has previously been in Australia, the applicant must satisfy
special return criteria 5001, 5002 and 5010.
4. New Division 884.4
provides the circumstances applicable to the grant of a Subclass 884
(Contributory Aged Parent (Temporary)) visa.
5. New clause 884.411
requires that the applicant must be in Australia, but not in immigration
clearance, when the visa is granted.
6. The note to new clause 884.411
provides that the second instalment of the visa application charge (if any) must
be paid before the visa can be granted. Item 2 of this Schedule provides that
the amount of visa application charge to be paid at this time is $15,000, unless
the applicant is a dependent child of the applicant who has not turned 18 at the
time of application.
7. New Division 884.5 sets out when a Subclass 884
(Contributory Aged Parent (Temporary)) visa is in effect. New clause 884.511
provides that a Subclass 884 (Contributory Aged Parent (Temporary)) visa is a
temporary visa permitting the holder to travel to and enter Australia for 2
years from a date specified by the Minister for the purpose.
8. New
Division 884.6 provides that there are no conditions applicable to the grant of
a Subclass 884 (Contributory Aged Parent (Temporary)) visa.
9. New
clause 884.711 requires that the visa be evidenced by way of a visa label
affixed to a valid passport.