(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 864 (Contributory Aged Parent) visa; and
(c) there is no other sponsor available who meets the requirements set out in subclause 864.213(2) or (3).
864.223
If the applicant was not the holder of a Subclass 884 (Contributory Aged Parent (Temporary)) visa at the time of application, the applicant satisfies the criteria mentioned for the applicant in the item in the table that relates to the applicant.
Item
If the applicant was …
the criteria to be satisfied by the applicant are ...
1
not the holder of a substituted Subclass 600 visa at the time of application
public interest criteria 4001, 4002, 4003, 4004, 4005, 4009, 4010, 4019, 4020 and 4021
2
the holder of a substituted Subclass 600 visa at the time of application
(a) 4001, 4002, 4003, 4009, 4010, 4019, 4020 and 4021; and<br>(b) 4007 or, if the applicant has previously held a Subclass 884 visa, such health checks as the Minister considers appropriate
864.224
If the applicant was the holder of a Subclass 884 (Contributory Aged Parent (Temporary)) visa at the time of application, the applicant:
(a) satisfies public interest criteria 4001, 4002, 4003, 4020 and 4021; and
(aa) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019; and
(b) has undergone any health checks that the Minister considers appropriate.
864.224A
(1) 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 applicant (the primary applicant); and
(b) who is also an applicant for a Subclass 864 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 864 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 864 visa; and
(c) the person is a member of the family unit of a person covered by subclause (3).
864.225
If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.
864.226
The Minister is satisfied that an assurance of support in relation to the applicant has been accepted by the Secretary of Social Services.
864.227
(1) If the applicant (the primary applicant) was not the holder of a Subclass 884 (Contributory Aged Parent (Temporary)) visa at the time of application, each person covered by subclause (2), (3) or (4):
(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 (2), (3) or (4) 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 884 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) 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 864 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 864 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 864 visa; and
(c) the person is a member of the family unit of a person covered by subclause (3).
864.228
(1) If the applicant (the primary applicant) was not the holder of a Subclass 884 (Contributory Aged 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 applicant; and
(b) who is not an applicant for a Subclass 864 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 864.227(3) or (4); and
(c) who is not an applicant for a Subclass 864 visa.
864.229
If a person (the additional applicant):
(a) is a person covered by subclause 864.227(2), (3) or (4); 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.
864.230
If the applicant has previously made a valid application for another parent visa, that application is not outstanding.
864.3—Secondary criteria
864.31—Criteria to be satisfied at time of application
864.311
(1) One of the following applies:
(a) the applicant is a member of the family unit of, and made a combined application with, a person (the primary applicant) who satisfies the primary criteria in Subdivision 864.21;
(b) both of the following apply:
(i) the applicant is a member of the family unit of a person (the other applicant) who:
(A) has applied for a Contributory Aged Parent (Residence) (Class DG) visa; and
(B) on the basis of the information provided in their application, appears to satisfy the primary criteria in Subdivision 864.21;
(ii) the Minister has not decided to grant or refuse to grant the visa to the other applicant;
(c) the applicant is a member of the family unit of a person covered by subclause (2).
(2) 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.
864.312
(1) One of the following applies:
(a) the sponsorship mentioned in subclause 864.213(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 864.213(4);
(c) the applicant is a contributory parent newborn child who was the holder of a Subclass 884 (Contributory Aged Parent (Temporary)) visa at the time of the application and:
(i) the contributory parent newborn child’s parent was granted a Subclass 864 (Contributory Aged Parent) visa on the basis of meeting paragraph 864.222(b); or
(ii) the person who sponsored the contributory parent newborn child’s parent for the Subclass 864 (Contributory Aged Parent) visa died after that visa was granted.
(2) Subclause (1) does not apply if paragraph 864.311(1)(c) applies to the applicant.
864.32—Criteria to be satisfied at time of decision
864.321
(1) The applicant meets the requirements of subclause (2), (3), (4) or (5).
(2) The applicant meets the requirements of this subclause if the applicant:
(a) is a member of the family unit of a person (the primary applicant) who holds a Subclass 864 visa granted on the basis of satisfying the primary criteria for the grant of the visa; and
(b) made a combined application with the primary applicant.
(3) The applicant meets the requirements of this subclause if:
(a) at the time of the application, the applicant was the spouse or de facto partner of a person (the primary applicant) seeking to satisfy the primary criteria for the grant of a Subclass 864 visa, and the primary applicant has since been granted that visa; and
(b) the relationship between the primary applicant and the applicant has ceased; and
(c) one or more of the following has experienced family violence committed by the primary applicant:
(i) the applicant;
(ii) a member of the family unit of the applicant who has made a combined application with the applicant or with the primary applicant;
(iii) a dependent child of the applicant or of the primary applicant; and
(d) the applicant:
(i) was in Australia at the time the applicant’s visa application was made; or
(ii) entered Australia after the applicant’s visa application was made.
(4) The applicant meets the requirements of this subclause if:
(a) at the time of the application, the applicant was the spouse or de facto partner of a person (the primary applicant) seeking to satisfy the primary criteria for the grant of a Subclass 864 visa; and
(b) the relationship between the primary applicant and the applicant has ceased; and
(c) one or more of the following has experienced family violence committed by the primary applicant:
(i) the applicant;
(ii) a member of the family unit of the applicant who has made a combined application with the applicant or with the primary applicant;
(iii) a dependent child of the applicant or of the primary applicant; and
(d) the Minister has decided to refuse to grant the primary applicant the visa for reasons including that the primary applicant had engaged in conduct involving family violence (whether or not the family violence was against a person mentioned in paragraph (c)).
(5) The applicant meets the requirements of this subclause if:
(a) the applicant is a member of the family unit of a person (the secondary applicant) who meets the requirements of subclause (3) or (4); and
(b) the applicant has made a combined application with the secondary applicant or the primary applicant mentioned in subclause (3) or (4) (whichever applies to the secondary applicant); and
(c) a Subclass 864 visa has since been granted to the secondary applicant.
Note: For special provisions relating to family violence, see Division 1.5.
864.322
(1) One of the following applies:
(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;
(aa) the applicant is sponsored in accordance with subclause (2) and the sponsorship has been approved by the Minister and is in force;
(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;
(c) the applicant is a contributory parent newborn child who meets the requirements of paragraph 864.312(1)(c).
(2) The applicant is sponsored:
(a) by a child of the primary applicant mentioned in subclause 864.321(2), (3) or (4), if the child:
(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 child’s cohabiting spouse or de facto partner, 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; or
(c) if the child or child’s cohabiting spouse or de facto partner has not turned 18—by a relative or guardian of the child or child’s cohabiting spouse or de facto partner, if the relative or guardian:
(i) has turned 18; and
(ii) is a settled Australian citizen, a settled Australian permanent resident or a settled eligible New Zealand citizen; or
(d) if the child has not turned 18—by a community organisation.
864.323
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.
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 the public interest criteria mentioned for the applicant in the item in the table that relates to the applicant.
Item
If the applicant is a person covered by subclause 864.321(2), (3), (4) or (5), and the person 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 884 visa, such health checks as the Minister considers appropriate
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
The Minister is satisfied that:
(a) the applicant is included in the assurance of support given in relation to the person who satisfies the primary criteria, and that assurance has been accepted by the Secretary of Social Services; or
(b) an assurance of support in relation to the applicant has been accepted by the Secretary of Social Services.
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, that application is not outstanding.
864.330
(1) This clause applies if the applicant (the secondary applicant) meets the requirements of subclause 864.321(3) or (4).
(2) Each member of the family unit of the secondary applicant who is an applicant for a Subclass 864 visa:
(a) must satisfy the public interest criteria mentioned in the item in the table that relates to the secondary applicant; and
(b) if the member of the family unit has previously been in Australia—must satisfy the special return criteria mentioned in the item in the table that relates to the secondary applicant.