Document ID: chunk:federal_register_of_legislation:F2025C00115:schedule:2:p54
Version: federal_register_of_legislation:F2025C00115
Segment Type: schedule
Provision Reference: sch 2 (pt 54/80)
Character Range: 1335822–1338584

a competent authority in the overseas country has approved the departure of the applicant:
 (a) for adoption in Australia; or
 (b) in the custody of the prospective adoptive parent or parents.

102.228
 (1) If:
 (a) the applicant has met the requirements of subclause 102.211(4) or (5); and
 (b) the adoption of the applicant took place overseas—
an adoption compliance certificate is in force in relation to the adoption.
 (2) If:
 (a) the applicant has met the requirements of subclause 102.211(4); and
 (b) the adoption of the applicant is to take place in Australia—
the Minister is satisfied that a competent authority in the overseas country has given permission for the child to leave the overseas country in the care of a prospective adoptive parent for the purpose of adoption in Australia.
102.3—Secondary criteria
Note: These criteria must be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria.
102.31—Criteria to be satisfied at time of application

102.311
  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 102.21.

102.312
  The sponsorship referred to in clause 102.212 of the person who satisfies the primary criteria includes sponsorship of the applicant.
102.32—Criteria to be satisfied at time of decision

102.321
  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 102 visa.

102.322
  The sponsorship referred to in clause 102.312 has been approved by the Minister and is still in force.

102.323
  The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009, 4010, 4020 and 4021.

102.325
  If the Minister has requested an assurance of support in relation to the person who satisfies the primary criteria, the Minister is satisfied that:
 (a) the applicant is included in the assurance of support given in relation to that person, and that assurance has been accepted by the Secretary of Social Services; or
 (b) an assurance of support in relation to the applicant has been accepted by the Secretary of Social Services.

102.326
  If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.
102.4—Circumstances applicable to grant

102.411
 (1) The applicant must be outside Australia when the visa is granted if the visa is not a visa to which subclause (2) applies.
 (2) This subclause applies to a visa if:
 (a) the visa is granted after 26 February 2021; and
 (b) the application for the visa was made before the end of the concession period described in subregulation 1.15N(1); and
 (c) the applicant for