Document ID: chunk:federal_register_of_legislation:C2004A01090:schedule:3:p5
Version: federal_register_of_legislation:C2004A01090
Segment Type: schedule
Provision Reference: sch 3 (pt 5/11)
Character Range: 48085–50780

Parent (Temporary)) visa ceases to be in effect; and
 (c) there is no other sponsor available who could meet the requirements set out in subclause (2) or (3).

864.214 If the applicant is not the holder of a Subclass 884 (Contributory Aged Parent (Temporary)) visa at the time of application, the applicant satisfies the balance of family test.

864.22 Criteria to be satisfied at time of decision

864.221 The applicant continues to meet the requirements set out in clause 864.212.

864.222 Either:
 (a) for an applicant who is sponsored in accordance with subclause 864.213 (2) or (3) — the sponsorship has been approved by the Minister and is still in force in relation to:
  (i) for an applicant who was the holder of a Subclass 884 (Contributory Aged Parent (Temporary)) visa at the time of application:
 (A) the sponsor at the time of application; or
 (B) another sponsor who meets the requirements set out in subclause 864.213 (2) or (3); or
 (ii) in any other case — the sponsor at the time of application; or
 (b) all of the following apply:
 (i) the applicant was the holder of a Subclass 884 (Contributory Aged Parent (Temporary)) visa at the time of application;
 (ii) a sponsor of the applicant who usually resides in Australia dies before a decision is made to grant, or to refuse to grant, the Subclass 864 (Contributory Aged Parent) visa;
 (iii) there is no other sponsor available who meets the requirements set out in subclause 864.213 (2) or (3).

864.223 If the applicant was not the holder of a Subclass 884 (Contributory Aged Parent (Temporary)) visa at the time of application, the applicant satisfies:
 (a) the balance of family test; and
 (b) public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010.

864.224 If the applicant was the holder of a Subclass 884 (Contributory Aged Parent (Temporary)) visa at the time of application, the applicant:
 (a) satisfies public interest criteria 4001, 4002 and 4003; and
 (b) has undergone any health checks that the Minister considers appropriate.

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

864.226 An assurance of support in relation to the applicant has been given, and has been accepted by the Minister.

864.227 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 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