Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:2_2:p23
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 2 cl 2 (pt 23/40)
Character Range: 2167298–2170091

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 is:
 (a) the holder of a substantive visa (other than a Subclass 771 (Transit) visa); or
 (b) 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
 (iii) satisfies Schedule 3 criterion 3002.

837.213
  The applicant:
 (a) is an orphan relative of an Australian relative of the applicant; or
 (b) is not an orphan relative only because the applicant has been adopted by the Australian relative mentioned in paragraph (a).

837.214
  The applicant is sponsored:
 (a) by the Australian relative, if the relative:
 (i) has turned 18; and
 (ii) is a settled Australian citizen, a settled Australian permanent resident, or a settled eligible New Zealand citizen; or
 (b) by the spouse or de facto partner of the Australian relative, if the spouse or de facto partner:
 (i) has turned 18; and
 (ii) is a settled Australian citizen, a settled Australian permanent resident or a settled eligible New Zealand citizen; and
 (iii) cohabits with the Australian relative.
837.22—Criteria to be satisfied at time of decision

837.221
  The applicant:
 (a) continues to satisfy the criterion in clause 837.213; or
 (b) does not continue to satisfy that criterion only because the applicant has turned 18.

837.222
  If the Minister has requested an assurance of support in relation to the applicant, the Minister is satisfied that the assurance has been accepted by the Secretary of Social Services.

837.223
  The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009, 4010, 4020 and 4021.

837.224
 (1) Each member of the family unit of the applicant who is an applicant for a Subclass 837 visa satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009, 4010 and 4020.
 (2) Each member of the family unit of the applicant who is not an applicant for a Subclass 837 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 person to undergo assessment in relation to that criterion.

837.225
  If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

837.226
  The sponsorship mentioned in clause 837.214 has been approved by the Minister and is still in force.
Note: Regulation 1.20KB limits the Minister's discretion to approve sponsorships.
837.3—Secondary criteria
Note: If any member