143.21—Criteria to be satisfied at time of application
143.211
(1) The applicant is:
(a) a 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; or
(b) a person who:
(i) either:
(A) is the holder of a Subclass 173 (Contributory Parent (Temporary)) visa at the time of application; or
(B) both:
(I) was the holder of a Subclass 173 (Contributory Parent (Temporary)) visa; and
(II) is the holder of a substituted Subclass 600 visa at the time of application; and
(ii) is no longer the parent of a child described in paragraph (a) because the child has died; and
(iii) is not the parent of another child described in paragraph (a).
(2) If the applicant:
(a) is in Australia at the time of application; and
(b) is not the holder of a substantive visa;
the applicant satisfies criterion 3002.
(3) Subclauses (1) and (2) do not apply if the applicant meets the requirements of subclause 143.214(2).
143.212
(1) The applicant is:
(a) sponsored in accordance with subclause (2) or (3); or
(b) taken, under subclause (4), to be sponsored in accordance with this clause.
(2) If the child has turned 18, the applicant is sponsored by:
(a) the child; or
(b) the child’s cohabiting spouse or de facto partner, if that spouse or de facto partner:
(i) has turned 18; and
(ii) is:
(A) a settled Australian citizen; or
(B) a settled Australian permanent resident; or
(C) a settled eligible New Zealand citizen.
(3) If the child has not turned 18, the applicant is sponsored by:
(a) the child’s cohabiting spouse, if that spouse:
(i) has turned 18; and
(ii) is:
(A) a settled Australian citizen; or
(B) a settled Australian permanent resident; or
(C) a settled eligible New Zealand citizen; or
(b) a person who:
(i) is a relative or guardian of the child; and
(ii) has turned 18; and
(iii) is:
(A) a settled Australian citizen; or
(B) a settled Australian permanent resident; or
(C) a settled eligible New Zealand citizen; or
(c) if the child has a cohabiting spouse but the spouse has not turned 18—a person who:
(i) is a relative or guardian of the child’s spouse; and
(ii) has turned 18; and
(iii) is:
(A) a settled Australian citizen; or
(B) a settled Australian permanent resident; or
(C) a settled eligible New Zealand citizen; or
(d) a community organisation.
(4) The applicant is taken to be sponsored in accordance with this clause if:
(a) the applicant:
(i) is the holder of a Subclass 173 (Contributory Parent (Temporary)) visa at the time of application; or
(ii) both:
(A) was the holder of a Subclass 173 (Contributory Parent (Temporary)) visa; and
(B) is the holder of a substituted Subclass 600 visa at the time of application; and
(b) the person who sponsored the applicant for the Subclass 173 (Contributory Parent (Temporary)) visa dies before the Subclass 173 (Contributory Parent (Temporary)) visa ceases to be in effect; and
(c) there is no other sponsor available who could meet the requirements set out in subclause (2) or (3).
(5) This clause does not apply if the applicant meets the requirements of subclause 143.214(2).
143.213
(1) For an applicant who, at the time of application, is neither:
(a) the holder of a Subclass 173 (Contributory Parent (Temporary)) visa; nor
(b) the holder of a substituted Subclass 600 visa;
the applicant satisfies the balance of family test.
(2) Subclause (1) does not apply if the applicant meets the requirements of subclause 143.214(2).
143.214
(1) The applicant meets the requirements of subclause (2).
(2) An applicant meets the requirements of this subclause if:
(a) on 8 May 2018:
(i) the applicant held a Subclass 405 (Investor Retirement) visa or a Subclass 410 (Retirement) visa; or
(ii) the last substantive visa held by the applicant since last entering Australia was a Subclass 405 (Investor Retirement) visa or a Subclass 410 (Retirement) visa; and
(b) during the period commencing on 8 May 2018 and ending on the day the application for the Subclass 143 (Contributory Parent) visa is made, the applicant has not held any substantive visa other than a visa mentioned in subparagraph (a)(i); and
(c) the applicant was in Australia, but not in immigration clearance, when the application for the Subclass 143 (Contributory Parent) visa was made.
(3) Subclause (1) does not apply if the applicant satisfies the criteria in clauses 143.211, 143.212 and 143.213.
143.22—Criteria to be satisfied at time of decision
143.221
(1) The applicant continues to meet the requirements set out in clause 143.211.
(2) Subclause (1) does not apply if the applicant meets the requirements of subclause 143.214(2).
143.222
If a sponsorship of the kind mentioned in subclause 143.212(2) or (3) was in force in relation to the applicant at the time of application, a sponsorship of that kind, approved by the Minister, is in force in relation to:
(a) the sponsor at the time of application; or
(b) another sponsor who meets the requirements set out in subclause 143.212(2) or (3);
whether or not the sponsor was the sponsor at the time of application.
Note: The applicant may seek the Minister’s approval for a change of sponsor as long as the new sponsor meets the description in subclause 143.212(2) or (3).
143.222A
(1) If clause 143.222 does not apply:
(a) the applicant was the holder of a Subclass 173 (Contributory Parent (Temporary)) visa at the time of application; and
(b) a sponsor of the applicant who usually resides in Australia dies before a decision is made to grant, or to refuse to grant, the Subclass 143 (Contributory Parent) visa; and
(c) there is no other sponsor available who meets the requirements set out in subclause 143.212(2) or (3).
(2) Subclause (1) does not apply if the applicant meets the requirements of subclause 143.214(2).
143.224
(1) The applicant:
(a) satisfies public interest criteria 4001, 4002, 4003, 4020 and 4021; and
(b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.
(2) Subclause (1) does not apply if the applicant meets the requirements of subclause 143.214(2).
143.225
(1) If the applicant was not the holder of a Subclass 173 (Contributory Parent (Temporary)) visa at the time of application, the applicant satisfies the public interest criteria mentioned for the applicant in the item in the table that relates to the applicant.
Item
If the applicant was …
the public interest criteria to be satisfied by the applicant are ...
1
not the holder of a substituted Subclass 600 visa at the time of application
4004, 4005, 4009 and 4010
2
the holder of a substituted Subclass 600 visa at the time of application
(a) 4009 and 4010; and<br>(b) 4007 or, if the applicant has previously held a Subclass 173 visa, such health checks as the Minister considers appropriate
(2) Subclause (1) does not apply if the applicant meets the requirements of subclause 143.214(2).
143.225AA
If the applicant meets the requirements of subclause 143.214(2), the applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009, 4010, 4019, 4020 and 4021.
143.225A
(1) If the applicant (the primary applicant) does not meet the requirements of subclause 143.214(2), each person who is covered by subclause (2), (3) or (4) must satisfy public interest criteria 4020.
(2) This subclause covers a person:
(a) who is a member of the family unit of the primary applicant; and
(b) who is also an applicant for a Subclass 143 visa.
(3) This subclause covers a person (the relevant person) if:
(a) the relevant person was, at the time of the primary applicant’s application, a member of the family unit of the primary applicant; and
(b) the relevant person is an applicant for a Subclass 143 visa; and
(c) the Minister is satisfied that one or more of the following has experienced family violence committed by the primary applicant:
(i) the relevant person;
(ii) a member of the family unit of the relevant person who has made a combined application with the relevant person or with the primary applicant;
(iii) a dependent child of the relevant person or of the primary applicant.
Note: For special provisions relating to family violence, see Division 1.5.
(4) This subclause covers a person if:
(a) the person was, at the time of the primary applicant’s application, a member of the family unit of the primary applicant but is no longer a member of the family unit of the primary applicant; and
(b) the person is an applicant for a Subclass 143 visa; and
(c) the person is a member of the family unit of a person covered by subclause (3).
(2) Subclause (1) does not apply if the applicant meets the requirements of subclause 143.214(2).
143.225B
If the applicant meets the requirements of subclause 143.214(2), each person who is covered by subclause 143.225A(2), (3) or (4) is a person who satisfies:
(a) public interest criteria 4001, 4002, 4003, 4004, 4005, 4009, 4010, 4019 and 4020; and
(b) special return criteria 5001, 5002 and 5010.
143.226
If the applicant was the holder of a Subclass 173 (Contributory Parent (Temporary)) visa at the time of application, the applicant has undergone any health checks that the Minister considers appropriate.
143.227
If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.
143.228
(1) The Minister is satisfied that an assurance of support in relation to the applicant has been accepted by the Secretary of Social Services.
(2) Subclause (1) does not apply if the applicant meets the requirements of subclause 143.214(2).
143.229
(1) If the applicant (the primary applicant) was not the holder of a Subclass 173 (Contributory Parent (Temporary)) visa at the time of application, each person covered by subclause (3), (4) or (5):
(a) must satisfy the public interest criteria mentioned in the item in the table that relates to the primary applicant; and
(b) if the person has previously been in Australia—must satisfy the special return criteria mentioned in the item in the table that relates to the primary applicant.
Item
If the primary applicant …
the public interest criteria to be satisfied by the person covered by subclause (3), (4) or (5) are …
and if the person has previously been in Australia, the special return criteria are …
1
was not the holder of a substituted Subclass 600 visa at the time of application
(a) 4001, 4002, 4003, 4004, 4005, 4009 and 4010; and<br>(b) if the person had turned 18 at the time of application—4019
5001, 5002 and 5010
2
was the holder of a substituted Subclass 600 visa at the time of application
(a) 4001, 4002, 4003, 4009 and 4010; and<br>(b) either:<br>(i) 4007; or<br>(ii) if the person has previously held a Subclass 173 visa—such health checks as the Minister considers appropriate; and<br>(c) if the person had turned 18 at the time of application—4019
5001, 5002 and 5010
(2) Subclause (1) does not apply if the primary applicant meets the requirements of subclause 143.214(2).
(3) This subclause covers a person:
(a) who is a member of the family unit of the primary applicant; and
(b) who is also an applicant for a Subclass 143 visa.
(4) This subclause covers a person (the relevant person) if:
(a) the relevant person was, at the time of the primary applicant’s application, a member of the family unit of the primary applicant; and
(b) the relevant person is an applicant for a Subclass 143 visa; and
(c) the Minister is satisfied that one or more of the following has experienced family violence committed by the primary applicant:
(i) the relevant person;
(ii) a member of the family unit of the relevant person who has made a combined application with the relevant person or with the primary applicant;
(iii) a dependent child of the relevant person or of the primary applicant.
Note: For special provisions relating to family violence, see Division 1.5.
(5) This subclause covers a person if:
(a) the person was, at the time of the primary applicant’s application, a member of the family unit of the primary applicant but is no longer a member of the family unit of the primary applicant; and
(b) the person is an applicant for a Subclass 143 visa; and
(c) the person is a member of the family unit of a person covered by subclause (4).
143.230
(1) If the applicant (the primary applicant) was not the holder of a Subclass 173 (Contributory Parent (Temporary)) visa at the time of application, each person covered by subclause (2) or (3) must satisfy the public interest criteria mentioned in the item in the table that relates to the primary applicant.
Item
If the primary applicant was …
the public interest criteria to be satisfied by the person covered by subclause (2) or (3) are ...
1
not the holder of a substituted Subclass 600 visa at the time of application
(a) 4001, 4002, 4003 and 4004; and<br>(b) 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment for that criterion
2
the holder of a substituted Subclass 600 visa at the time of application
(a) 4001, 4002 and 4003; and<br>(b) 4007, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment for that criterion
(2) This subclause covers a person:
(a) who is a member of the family unit of the primary applicant; and
(b) who is not an applicant for a Subclass 143 visa.
(3) This subclause covers a person:
(a) who was, at the time of application, a member of the family unit of the primary applicant but is no longer a member of the family unit of the primary applicant; and
(b) who is a member of the family unit of a person covered by subclause 143.229(4) or (5); and
(c) who is not an applicant for a Subclass 143 visa.
143.231
If a person (the additional applicant):
(a) is a person covered by subclause 143.229(3), (4) or (5); and
(b) has not turned 18; and
(c) made a combined application with the applicant;
public interest criteria 4015 and 4016 are satisfied in relation to the additional applicant.
143.232
If the applicant has previously made a valid application for another parent visa, that application is not outstanding.
143.3—Secondary criteria
143.31—Criteria to be satisfied at time of application
143.311
(1) One of the following applies:
(a) the applicant is a member of the family unit of, and made a combined application with, (the primary applicant) who satisfies the primary criteria in Subdivision 143.21;
(aa) the applicant is a member of the family unit of a person covered by subclause (3);
(b) each of the following applies:
(i) the applicant is a member of the family unit of a person (the other applicant) who:
(A) has applied for a Contributory Parent (Migrant) (Class CA) visa; and
(B) was in Australia at the time of application; and
(C) on the basis of the information provided in his or her application, appears to satisfy the criteria in Subdivision 143.21;
(ii) the other applicant is the holder of:
(A) a Subclass 173 (Contributory Parent (Temporary)) visa; or
(B) a substituted Subclass 600 visa;
(iii) the Minister has not decided to grant or refuse to grant the visa to the other applicant;
(iv) the applicant was in Australia at the time at which the applicant made the application for the Contributory Parent (Migrant) (Class CA) visa.
(2) Subclause (1) does not apply if the applicant meets the requirements of subclause 143.313(2).
(3) This subclause covers a person (the relevant person) if:
(a) the relevant person was, at the time of the relevant person’s application for the visa, the spouse or de facto partner of the primary applicant; and
(b) the relevant person made a combined application with the primary applicant; and
(c) the relationship between the relevant person and the primary applicant has ceased; and
(d) one or more of the following has experienced family violence committed by the primary applicant:
(i) the relevant person;
(ii) a member of the family unit of the relevant person or the primary applicant;
(iii) a dependent child of the relevant person or primary applicant.
Note: For special provisions relating to family violence, see Division 1.5.
143.312
(1) One of the following applies:
(a) the sponsorship mentioned in subclause 143.212(2) or (3) of the person who satisfies the primary criteria includes sponsorship of the applicant;
(b) the person who satisfies the primary criteria, and the applicant, meet the requirements of subclause 143.212 (4);
(c) the applicant is a contributory parent newborn child who was the holder of a Subclass 173 (Contributory Parent (Temporary)) visa at the time of the application and:
(i) the contributory parent newborn child’s parent was granted a Subclass 143 (Contributory Parent) visa on the basis of meeting paragraph 143.222(b); or
(ii) the person who sponsored the contributory parent newborn child’s parent for the Subclass 143 (Contributory Parent) visa died after that visa was granted.
(2) Subclause (1) does not apply if:
(a) paragraph 143.311(1)(aa) applies to the applicant; or
(b) the applicant meets the requirements of subclause 143.313(2).
143.313
(1) The applicant meets the requirements of subclause (2).
(2) An applicant meets the requirements of this subclause if:
(a) the applicant is a member of the family unit of, and makes a combined application with, a person who has met the requirements of subclause 143.214(2); and
(b) on 8 May 2018:
(i) the applicant held a Subclass 405 (Investor Retirement) visa or a Subclass 410 (Retirement) visa; or
(ii) the last substantive visa held by the applicant was a Subclass 405 (Investor Retirement) visa or a Subclass 410 (Retirement) visa; and