Document ID: chunk:federal_register_of_legislation:C2004A01090:schedule:2:p11
Version: federal_register_of_legislation:C2004A01090
Segment Type: schedule
Provision Reference: sch 2 (pt 11/14)
Character Range: 29546–32319

(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 interpretation provisions specific to this Part.

173.2 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.

173.21 Criteria to be satisfied at time of application

173.211 The applicant is a parent of a person (the child) who is:
 (a) a settled Australian citizen; or
 (b) a settled Australian permanent resident; or
 (c) a settled eligible New Zealand citizen.

173.212 (1)   The applicant is sponsored in accordance with subclause (2) or (3).

 (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 Zealand citizen; or
 (d) a community organisation.

173.213 The applicant satisfies the balance of family test.

173.22 Criteria to be satisfied at time of decision

173.221 The applicant continues to satisfy the criterion in clause 173.211.

173.222 Sponsorship in accordance with clause 173.212 has been approved by the Minister and is still in force.

173.223 The applicant continues to satisfy the balance of family test.

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

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

173.226 Each member of the family unit of the applicant