Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:2_5:p1
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 2 cl 5 (pt 1/2)
Character Range: 2245757–2248950

5                        All of the following:                                                                                                                                                          35 days after:
                         (a) the parent sponsor of the holder dies;                                                                                                                                     (a) if the applicant applies for review of the Minister's decision—the application for review is finally determined and the Minister's decision is affirmed; or
                         (b) within 90 days after the death, another person makes a relevant sponsorship application in relation to the holder;                                                         (b) otherwise—the Minister's decision is made
                         (c) the Minister decides to refuse the application

 (4) For the purposes of this clause, a person makes a relevant sponsorship application in relation to the holder of a visa if the person:
 (a) makes an application in accordance with the process referred to in regulation 2.61A that specifies the holder as a person whom the person intends to sponsor; or
 (b) makes an application in accordance with the process referred to in regulation 2.66 that relates to the holder.
870.6—Conditions

870.611
  The visa is subject to conditions 8103, 8303, 8501, 8531, 8564 and 8609.

Subclass 884—Contributory Aged Parent (Temporary)
884.1—Interpretation
Note: Australian permanent resident, aged parent, eligible New Zealand citizen, close relative, guardian, outstanding, parent visa and settled are defined in regulation 1.03, balance of family test is defined in regulation 1.05, parent is defined in subsection 5(1) of the Act (also see regulation 1.14A), 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).
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 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 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 is:
 (a) either:
 (i) the aged parent of a person (the child) who is:
 (A) a settled Australian citizen; or
 (B) a settled Australian permanent resident; or
 (C) a settled eligible New Zealand citizen; or
 (ii) the holder of a substituted Subclass 600 visa and the parent of a person (the child) who is:
 (A) a settled Australian citizen; or
 (B) a