Document ID: chunk:federal_register_of_legislation:C2004A01090:schedule:3:p7
Version: federal_register_of_legislation:C2004A01090
Segment Type: schedule
Provision Reference: sch 3 (pt 7/11)
Character Range: 53101–55915

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 the requirements of subclause 864.213 (4).

864.32 Criteria to be satisfied at time of decision

864.321 The applicant is a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 864 (Contributory Aged Parent) visa.

864.322 Either:
 (a) the sponsorship, mentioned in paragraph 864.222 (a), that includes sponsorship of the applicant:
 (i) has been approved by the Minister in relation to the applicant; and
 (ii) is still in force in relation to the applicant; or
 (b) the person who satisfied the primary criteria at the time of decision met the requirements of paragraph 864.222 (b) at the time of decision, and the applicant meets those requirements at the time of decision.

864.323 The applicant satisfies public interest criteria 4001, 4002 and 4003.

864.324 If the applicant was not the holder of a Subclass 884 (Contributory Aged Parent (Temporary)) visa at the time of application, the applicant satisfies public interest criteria 4004, 4005, 4009 and 4010.

864.325 If the applicant was the holder of a Subclass 884 (Contributory Aged Parent (Temporary)) visa at the time of application, the applicant has undergone any health checks that the Minister considers appropriate.

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

864.327 Either:
 (a) the applicant is included in the assurance of support given in respect of the person who satisfies the primary criteria, and that assurance has been accepted by the Minister; or
 (b) an assurance of support has been given in relation to the applicant, and has been accepted by the Minister.

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

864.329 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