Document ID: chunk:federal_register_of_legislation:C2004A01090:schedule:3:p6
Version: federal_register_of_legislation:C2004A01090
Segment Type: schedule
Provision Reference: sch 3 (pt 6/11)
Character Range: 50546–53369

is an applicant for a Subclass 864 (Contributory Aged Parent) visa is a person who:
 (a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010; and
 (b) if he or she has previously been in Australia, satisfies special return criteria 5001, 5002 and 5010.

864.228 If the applicant was not the holder of a Subclass 884 (Contributory Aged Parent (Temporary)) visa at the time of application, each member of the family unit of the applicant who is not an applicant for a Subclass 864 (Contributory Aged Parent) visa is a person who:
 (a) satisfies public interest criteria 4001, 4002, 4003 and 4004; and
 (b) satisfies public interest criterion 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment for that criterion.

864.229 If a person (the additional applicant):
 (a) is a member of the family unit of the applicant; and
 (b) has not turned 18; and
 (c) made a combined application with the applicant;

 public interest criteria 4015 and 4016 are satisfied in relation to the additional applicant.

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 (ii) withdrawn; and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  the applicant has withdrawn all applications for the review or review proceedings.

864.3 Secondary criteria

864.31 Criteria to be satisfied at time of application

864.311 The applicant is a member of the family unit of, and made a combined application with, a person who satisfies the primary criteria in Subdivision 864.21.

864.312 Either:
 (a) the sponsorship, mentioned in subclause 864.213 (2) or (3), of the person who satisfies the primary criteria includes sponsorship of the applicant; or
 (b) the person who satisfies the primary criteria, and the applicant, meet