Document ID: chunk:federal_register_of_legislation:C2004A01090:schedule:3:p11
Version: federal_register_of_legislation:C2004A01090
Segment Type: schedule
Provision Reference: sch 3 (pt 11/11)
Character Range: 63342–65602

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

884.324 If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

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 (ii) withdrawn; and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  the applicant has withdrawn all applications for the review or review proceedings.

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

884.4 Circumstances applicable to grant

884.411 The applicant must be in Australia, but not in immigration clearance, when the visa is granted.

Note   The second instalment of the visa application charge must be paid before the visa can be granted.

884.5 When visa is in effect

884.511 Temporary visa permitting the holder to travel to, enter and remain in Australia for 2 years from a date specified by the Minister for the purpose.

884.6 Conditions: Nil.

884.7 Way of giving evidence

884.711 Visa label affixed to a passport.

[Minister's second reading speech made in—
House of Representatives on 5 December 2002
Senate on 3 March 2003]

(248/02)