the public interest criteria to be satisfied by the member of the family unit of the secondary applicant are …
and if the member of the family unit of the secondary applicant 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 member of the family unit 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 member of the family unit has previously held a Subclass 884 visa—such health checks as the Minister considers appropriate; and<br>(c) if the member of the family unit had turned 18 at the time of application—4019
5001, 5002 and 5010
(3) Public interest criteria 4015 and 4016 are satisfied in relation to each member of the family unit of the secondary applicant who is an applicant for a Subclass 864 visa and who has not turned 18 at the time of decision.
(4) Each member of the family unit of the secondary applicant who is not an applicant for a Subclass 864 visa must satisfy the public interest criteria mentioned in the item in the table that relates to the secondary applicant.
Item If the secondary applicant … the public interest criteria to be satisfied by the member of the family unit of the secondary applicant are …
1 was not the holder of a substituted Subclass 600 visa at the time of application (a) 4001, 4002, 4003 and 4004; and(b) 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment for that criterion
2 was the holder of a substituted Subclass 600 visa at the time of application (a) 4001, 4002 and 4003; and(b) 4007, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment for that criterion
864.4—Circumstances applicable to grant
864.411
(1) Unless subclause (2) of this clause applies to the visa, the applicant must be in Australia, but not in immigration clearance, when the visa is granted.
(2) This subclause applies to a visa if:
(a) the application for the visa was made before 24 March 2021; and
(b) the applicant for the visa was outside Australia on 24 March 2021; and
(c) the visa is granted after 23 March 2021; and
(d) the visa is granted before the end of the concession period described in subregulation 1.15N(1); and
(e) the applicant for the visa is not in immigration clearance.
Note: The second instalment of the visa application charge must be paid before the visa can be granted.
864.5—When visa is in effect
864.511
Permanent visa permitting the holder to travel to and enter Australia for 5 years from the date of grant.
864.6—Conditions: Nil.
Subclass 866—Protection
866.1—Interpretation
Note 1: For member of the same family unit, see subsection 5(1) of the Act.
Note 2: There are no interpretation provisions specific to this Part.
866.2—Primary criteria
Note: All applicants must satisfy the primary criteria.
866.21—Criteria to be satisfied at time of application
866.211
(1) Subclause (2) or (3) is satisfied.
(2) The applicant:
(a) claims that a criterion mentioned in paragraph 36(2)(a) or (aa) of the Act is satisfied in relation to the applicant; and
(b) makes specific claims as to why that criterion is satisfied.
Note: Paragraphs 36(2)(a) and (aa) of the Act set out criteria for the grant of protection visas to non‑citizens in respect of whom Australia has protection obligations.
(3) The applicant claims to be a member of the same family unit as a person:
(a) to whom subclause (2) applies; and
(b) who is an applicant for a Subclass 866 (Protection) visa.
Note: See paragraphs 36(2)(b) and (c) of the Act.
866.22—Criteria to be satisfied at time of decision
866.221
(1) Subclause (2) or (3) is satisfied.
(2) The Minister is satisfied that a criterion mentioned in paragraph 36(2)(a) or (aa) of the Act is satisfied in relation to the applicant.
Note: Paragraphs 36(2)(a) and (aa) of the Act set out criteria for the grant of protection visas to non‑citizens in respect of whom Australia has protection obligations.
(3) The Minister is satisfied that:
(a) the applicant is a member of the same family unit as an applicant mentioned in subclause (2); and
(b) the applicant mentioned in subclause (2) has been granted a Subclass 866 (Protection) visa.
Note: See paragraphs 36(2)(b) and (c) of the Act.
866.223
The applicant has undergone a medical examination carried out by any of the following (a relevant medical practitioner):
(a) a Medical Officer of the Commonwealth;
(b) a medical practitioner approved by the Minister for the purposes of this paragraph;
(c) a medical practitioner employed by an organisation approved by the Minister for the purposes of this paragraph.
866.224
The applicant:
(a) has undergone a chest x‑ray examination conducted by a medical practitioner who is qualified as a radiologist in Australia; or
(b) is under 11 years of age and is not a person in respect of whom a relevant medical practitioner has requested such an examination; or
(c) is a person:
(i) who is confirmed by a relevant medical practitioner to be pregnant; and
(ii) who has been examined for tuberculosis by a chest clinic officer employed by a health authority of a State or Territory; and
(iii) who has signed an undertaking to place herself under the professional supervision of a health authority in a State or Territory and to undergo any necessary treatment; and
(iv) who the Minister is satisfied should not be required to undergo a chest x‑ray examination at this time.
866.224A
A relevant medical practitioner:
(a) has considered:
(i) the results of any tests carried out for the purposes of the medical examination required under clause 866.223; and
(ii) the radiological report (if any) required under clause 866.224 in respect of the applicant; and
(b) if he or she is not a Medical Officer of the Commonwealth and considers that the applicant has a disease or condition that is, or may result in the applicant being, a threat to public health in Australia or a danger to the Australian community, has referred any relevant results and reports to a Medical Officer of the Commonwealth.
866.224B
If a Medical Officer of the Commonwealth considers that the applicant has a disease or condition that is, or may result in the applicant being, a threat to public health in Australia or a danger to the Australian community, arrangements have been made, on the advice of the Medical Officer of the Commonwealth, to place the applicant under the professional supervision of a health authority in a State or Territory to undergo any necessary treatment.
866.225
The applicant:
(a) satisfies public interest criteria 4001 and 4003A; and
(b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.
866.226
The Minister is satisfied that the grant of the visa is in the national interest.
866.227
(1) The applicant meets the requirements of subclause (2) or (3).
(2) The applicant meets the requirements of this subclause if the applicant, or a member of the family unit of the applicant, is not a person who has been offered a temporary stay in Australia by the Australian Government for the purpose of an application for a Temporary Safe Haven (Class UJ) visa as provided for in regulation 2.07AC.
(3) The applicant meets the requirements of this subclause if section 91K of the Act does not apply to the applicant’s application because of a determination made by the Minister under subsection 91L(1) of the Act.
866.230
(1) If the applicant is a child to whom subregulation 2.08(2) applies, subclause (2) is satisfied.
(2) The Minister is satisfied that:
(a) the applicant is a member of the same family unit as an applicant to whom subclause 866.221(2) applies; and
(b) the applicant to whom subclause 866.221(2) applies has been granted a Subclass 866 (Protection) visa.
Note 1: Subregulation 2.08(2) applies, generally, to a child born to a non‑citizen after the non‑citizen has applied for a visa but before the application is decided.
Note 2: Subclause 866.221(2) applies if the Minister is satisfied that Australia has protection obligations in respect of the applicant as mentioned in paragraph 36(2)(a) or (aa) of the Act.
866.231
The applicant has not been made an offer of a permanent stay in Australia as described in item 3 or 4 of the table in subregulation 2.07AQ(3).
866.232
The applicant does not hold a Resolution of Status (Class CD) visa.
866.3—Secondary criteria
Note: All applicants must satisfy the primary criteria.
866.4—Circumstances applicable to grant
866.411
The applicant must be in Australia.
866.5—When visa is in effect
866.511
Permanent visa permitting the holder to travel to and enter Australia for a period of 5 years from the date of grant.
866.6—Conditions
866.611
Condition 8559.
Subclass 870—Sponsored Parent (Temporary)
870.1—Interpretation
Note 1: For parent sponsor, see regulation 1.03 and for has an outstanding public health debt, see regulation 1.15K.
Note 2: There are no interpretation provisions specific to this Part.
870.2—Primary criteria
Note 1: All applicants must satisfy the primary criteria.
Note 2: All criteria must be satisfied at the time a decision is made on the application.
870.221
The applicant is sponsored by a parent sponsor.
870.222
The applicant has access to sufficient funds to meet the costs and expenses of the applicant’s intended stay in Australia.
870.223
(1) If:
(a) the applicant is outside Australia at the time of application; and
(b) the applicant previously held a Subclass 870 visa; and
(c) there are no exceptional circumstances;
the applicant has been outside Australia for at least 90 consecutive days since the relevant departure day of the applicant.
(2) The relevant departure day of an applicant is:
(a) if the applicant was in Australia when the last Subclass 870 visa held by the applicant ceased to be in effect—the first day on which the applicant left Australia after that visa ceased to be in effect; or
(b) if the applicant was not in Australia when the last Subclass 870 visa held by the applicant ceased to be in effect—the last day on which the applicant left Australia while that visa was in effect.
870.224
The applicant has adequate arrangements for health insurance during the period of the applicant’s intended stay in Australia.
870.225
The applicant has complied substantially with the conditions to which the last of any substantive visas held by the applicant, and any subsequent bridging visa held by the applicant, were subject.
870.226
The applicant genuinely intends to stay in Australia temporarily.
870.227
Either:
(a) the applicant does not have an outstanding public health debt; or
(b) if the applicant has an outstanding public health debt—the debt has been paid in full or appropriate arrangements have been made for its payment.
870.228
(1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4010, 4019, 4020 and 4021.
(2) If the applicant was not in Australia at the time the visa application was made—the applicant satisfies public interest criterion 4005.
(3) If the applicant was in Australia at the time the visa application was made—the applicant satisfies public interest criterion 4007.
870.229
The applicant satisfies special return criteria 5001, 5002 and 5010.
870.3—Secondary criteria: Nil
Note: All applicants must satisfy the primary criteria.
870.4—Circumstances applicable to grant
870.411
The applicant may be in or outside 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.
870.5—When visa is in effect
870.511
(1) Temporary visa permitting the holder to travel to, enter and remain in Australia on one or more occasions during the period:
(a) starting on the day the visa is granted; and
(b) subject to subclauses (2), (2A) and (3), ending on the date specified by the Minister.
(2) The Minister must not specify a date under paragraph (1)(b) that:
(a) is more than 5 years after the day the visa is granted; or
(b) would result in the total period of effect of the Subclass 870 visas held by the applicant (other than any visa that, in accordance with subclause (2A), ceased to be in effect 18 months after the date specified under paragraph (1)(b) for the visa) exceeding 10 years.
(2A) If:
(a) the visa is in effect on 1 July 2021; and
(b) the holder of the visa is outside Australia on 1 July 2021;
then, subject to subclause (3), the period of effect of the visa ends 18 months after the date specified under paragraph (1)(b) for the visa.
(3) If an item of column 1 of the following table applies in relation to the holder of the visa, then the period of effect of the visa ends at the time mentioned in column 2 of the item if that time is earlier than:
(a) if paragraphs (2A)(a) and (b) apply—18 months after the date specified under paragraph (1)(b) for the visa; or
(b) in any other case—the date specified under paragraph (1)(b) for the visa.
End of period of effect
Item Column 1 Column 2
1 The approval of the parent sponsor of the holder is cancelled 35 days after the cancellation
2 Both:(a) the parent sponsor of the holder withdraws the parent sponsor’s sponsorship of the holder; and(b) within 35 days after Immigration receives notification, in writing, of the withdrawal, no other person makes a relevant sponsorship application in relation to the holder 35 days after Immigration receives notification, in writing, of the withdrawal
3 All of the following:(a) the parent sponsor of the holder withdraws the parent sponsor’s sponsorship of the holder;(b) within 35 days after Immigration receives notification, in writing, of the withdrawal, another person makes a relevant sponsorship application in relation to the holder;(c) the Minister decides to refuse the application 35 days after:(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) otherwise—the Minister’s decision is made
4 Both:(a) the parent sponsor of the holder dies; and(b) within 90 days after the death, no other person makes a relevant sponsorship application in relation to the holder 90 days after the death
5 All of the following:(a) the parent sponsor of the holder dies;(b) within 90 days after the death, another person makes a relevant sponsorship application in relation to the holder;(c) the Minister decides to refuse the application 35 days after:(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) otherwise—the Minister’s decision is made
(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 settled Australian permanent resident; or
(C) a settled eligible New Zealand citizen; and
(b) sponsored in accordance with subclause (2) or (3).
(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 the spouse or de facto partner: