Document ID: chunk:federal_register_of_legislation:C2004A01090:schedule:3:p8
Version: federal_register_of_legislation:C2004A01090
Segment Type: schedule
Provision Reference: sch 3 (pt 8/11)
Character Range: 55638–58504

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  the applicant has withdrawn all applications for the review or review proceedings.

864.4 Circumstances applicable to grant

864.411 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.

864.5 When visa is in effect

864.511 Permanent visa permitting the holder to travel to and enter Australia for 5 years from the date of grant.

864.6 Conditions: Nil.

864.7 Way of giving evidence

864.711 Visa label affixed to a passport.

[6] Schedule 2, after Part 882

insert

Subclass 884 Contributory Aged Parent (Temporary)

884.1 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.

884.2 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.

884.21 Criteria to be satisfied at time of application

884.211 (1)   The applicant:
 (a) is the holder of a substantive visa (other than a Subclass 771 (Transit) visa); or
 (b) is a person who:
 (i) is not the holder of a substantive visa; and
 (ii) immediately before ceasing to hold a substantive visa, was not the holder of a Subclass 771 (Transit) visa; and
 (c) satisfies criterion 3002.

 (2)   Subclause (1) does not apply to an applicant if the applicant withdrew an application for a Subclass 804 (Aged Parent) visa at the time of making the application for the Subclass 884 (Contributory Aged Parent (Temporary)) visa.

884.212 (1)   The applicant:
 (a) is the aged parent of a person (the child) who is:
 (i) a settled Australian citizen; or
 (ii) a settled Australian permanent resident; or
 (iii) a settled eligible New Zealand citizen; and
 (b) is sponsored in accordance with subclause (2) or (3).

 (2)   If