Document ID: chunk:federal_register_of_legislation:C2004A01090:schedule:2:p6
Version: federal_register_of_legislation:C2004A01090
Segment Type: schedule
Provision Reference: sch 2 (pt 6/14)
Character Range: 16873–19606

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  the applicant has withdrawn all applications for the review or review proceedings.

[19] Schedule 2, after Part 139

insert

Subclass 143 Contributory Parent

143.1 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.

143.2 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.

143.21 Criteria to be satisfied at time of application

143.211 The applicant is:
 (a) a parent of a person (the child) who is:
 (i) a settled Australian citizen; or
 (ii) a settled Australian permanent resident; or
 (iii) a settled eligible New Zealand citizen; or
 (b) a person who:
 (i) is the holder of a Subclass 173 (Contributory Parent (Temporary)) visa at the time of application; and
 (ii) is no longer the parent of a child described in paragraph (a) because the child has died; and
 (iii) is not the parent of another child described in paragraph (a).

143.212 (1)   The applicant is:
 (a) sponsored in accordance with subclause (2) or (3); or
 (b) taken, under subclause (4), to be sponsored in accordance with this clause.

 (2)   If the child has turned 18, the applicant is sponsored by:
 (a) the child; or
 (b) the child's cohabiting spouse, if that spouse:
 (i) has turned 18; and
 (ii) is:
 (A) a settled Australian citizen; or
 (B) a settled Australian permanent resident; or
 (C) a settled eligible New Zealand citizen.

 (3)   If the child has not turned 18, the applicant is sponsored by:
 (a) the child's cohabiting spouse, if that spouse:
 (i) has turned 18; and
 (ii) is:
 (A) a settled Australian citizen; or
 (B) a settled Australian permanent resident; or
 (C) a settled eligible New Zealand citizen; or
 (b) a person who:
 (i) is a close relative or guardian of the child; and
 (ii) has turned 18; and
 (iii) is:
 (A) a settled Australian citizen; or
 (B) a settled Australian permanent resident; or
 (C) a settled eligible New Zealand citizen; or
 (c) if the child has a cohabiting spouse but the spouse has not turned 18 — a person who:
 (i) is a close relative or guardian of the child's spouse; and
 (ii) has turned 18; and
 (iii) is:
 (A) a settled Australian citizen; or
 (B) a settled Australian permanent resident; or
 (C) a settled eligible New