Document ID: chunk:federal_register_of_legislation:C2004A01090:schedule:2:p13
Version: federal_register_of_legislation:C2004A01090
Segment Type: schedule
Provision Reference: sch 2 (pt 13/14)
Character Range: 34652–37493

member of the family unit of, and made a combined application with, a person who satisfies the primary criteria in Subdivision 173.21.

173.312 The sponsorship mentioned in clause 173.212 of the person who satisfies the primary criteria includes sponsorship of the applicant.

173.32 Criteria to be satisfied at time of decision

173.321 The applicant continues 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.

173.322 Sponsorship in accordance with clause 173.312 has been approved by the Minister and is still in force.

173.323 The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010.

173.324 If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.

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

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 (ii) withdrawn; and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  the applicant has withdrawn all applications for the review or review proceedings.

173.4 Circumstances applicable to grant

173.411 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.

173.5 When visa is in effect

173.511 Temporary visa permitting the holder to travel to, enter and remain in Australia for 2 years from a date specified by the Minister for the purpose.

173.6 Conditions

173.611 First entry must be made before a date specified by the Minister for the purpose.

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

173.7 Way