Document ID: chunk:federal_register_of_legislation:C2004A01090:schedule:3:p3
Version: federal_register_of_legislation:C2004A01090
Segment Type: schedule
Provision Reference: sch 3 (pt 3/11)
Character Range: 43031–45894

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  the applicant has withdrawn all applications for the review or review proceedings.

[4] Schedule 2, after clause 804.325

insert

804.326 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 (ii) withdrawn; and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  the applicant has withdrawn all applications for the review or review proceedings.

[5] Schedule 2, after Part 863

insert

Subclass 864 Contributory Aged Parent

864.1 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 interpretation provisions specific to this Part.

864.2 Primary criteria

Note   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.

864.21 Criteria to be satisfied at time of application

864.211 (1)   The applicant:
 (a) is the holder of a substantive visa (other than a Subclass 771 (Transit) visa); or
 (b) is a person who:
 (i) is not the holder of a substantive visa; and
 (ii) immediately before ceasing to hold a substantive visa, was not the holder of a Subclass 771 (Transit) visa; and
 (c) satisfies criterion 3002.

 (2)   Subclause (1) does not apply to an applicant if the applicant withdrew an application for a Subclass 804 (Aged Parent) visa at the time of making the application for the Subclass 864 (Contributory Aged Parent) visa.

864.212 The applicant is:
 (a) the aged parent of a person (the