Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:2_2:p22
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 2 cl 2 (pt 22/40)
Character Range: 2164825–2167542

in relation to each member of the family unit of the secondary applicant who is an applicant for a Subclass 836 visa and who has not turned 18 at the time of decision.
 (5) Each member of the family unit of the secondary applicant who is not an applicant for a Subclass 836 visa:
 (a) satisfies public interest criteria 4001, 4002, 4003 and 4004; and
 (b) satisfies public interest criterion 4005, unless the Minister is satisfied that it would be unreasonable to require the member to undergo assessment in relation to that criterion.
836.4—Circumstances applicable to grant

836.411
  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, unless the applicant is a person in relation to whom the Minister has determined that the second instalment of the visa application charge should not be paid because the Minister is satisfied that payment of the instalment has caused, or is likely to cause, severe financial hardship to the applicant or to the person of whom the applicant is a carer.
836.5—When visa is in effect

836.511
  Permanent visa permitting the holder to travel to and enter Australia for a period of 5 years from the date of grant.
836.6—Conditions:   Nil.

Subclass 837—Orphan Relative
837.1—Interpretation

837.111
  In this Part:
Australian relative means a relative of the applicant who is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.
Note: dependent child, eligible New Zealand citizen, relative and settled are defined in regulation 1.03, orphan relative is defined in regulation 1.14, de facto partner is defined in section 5CB of the Act (also see regulation 1.09A), and spouse is defined in section 5F of the Act (also see regulation 1.15A).
837.2—Primary criteria
Note: The primary criteria must be satisfied by at least one member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need only satisfy the secondary criteria.
837.21—Criteria to be satisfied at time of application

837.211
  If the applicant is a person to whom section 48 of the Act applies, the applicant:
 (a) has not been refused a visa or had a visa cancelled under section 501 of the Act; and
 (b) since last applying for a substantive visa:
 (i) has become an orphan relative of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen; or
 (ii) became an orphan relative of the person mentioned in subparagraph (i) and is no longer an orphan relative only because the applicant has been adopted by that person.

837.212
  The applicant