Document ID: chunk:federal_register_of_legislation:C2004A01090:schedule:2:p10
Version: federal_register_of_legislation:C2004A01090
Segment Type: schedule
Provision Reference: sch 2 (pt 10/14)
Character Range: 26987–29831

relation to the applicant, and has been accepted by the Minister.

143.328 If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

143.329 If the applicant has previously made a valid application for another parent visa:
 (a) the application has been:
 (i) finally determined (within the meaning of subsection 5 (9) of the Migration Act 1958); or
 (ii) withdrawn; and
 (b) any of the following has occurred in relation to the application for that visa:
 (i) each decision that has been made in respect of the application is not, or is no longer, subject to any form of:
 (A) review by the Administrative Appeals Tribunal; or
 (B) judicial review proceedings (including proceedings on appeal);
 (ii) a decision that has been made in respect of the application was subject to:
 (A) review by the Administrative Appeals Tribunal; or
 (B) judicial review proceedings (including proceedings on appeal);
  but the period within which such a review or such review proceedings could be instituted has ended without a review or review proceedings having been instituted as prescribed;
 (iii) if the applicant has applied for:
 (A) review by the Migration Review Tribunal; or
 (B) review by the Administrative Appeals Tribunal; or
 (C) judicial review proceedings (including proceedings on appeal);
  the applicant has withdrawn all applications for the review or review proceedings.

143.4 Circumstances applicable to grant

143.411 If the applicant is the holder of a Subclass 173 (Contributory Parent (Temporary)) visa at the time of application, the applicant may be in or outside Australia, but not in immigration clearance, when the visa is granted.

143.412 If the applicant is not the holder of a Subclass 173 (Contributory Parent (Temporary)) visa at the time of application, the applicant must be outside Australia when the visa is granted.

Note   The second instalment of the visa application charge must be paid before the visa can be granted.

143.5 When visa is in effect

143.511 Permanent visa permitting the holder to travel to and enter Australia for 5 years after the date of grant.

143.6 Conditions

143.611 If the applicant is outside Australia when the visa is granted, first entry must be made before a date specified by the Minister for the purpose.

143.612 Either or both of conditions 8502 and 8515 may be imposed.

143.7 Way of giving evidence

143.711 Visa label affixed to a valid passport.

[20] Schedule 2, after Part 159

insert

Subclass 173 Contributory Parent (Temporary)

173.1 Interpretation

Note   Australian permanent resident, aged parent, eligible New Zealand citizen, close relative, guardian, parent, parent visa, settled and spouse are defined in regulation 1.03, and balance of family test is defined in regulation 1.05. There are no