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(regulation 3)

insert

2.07AE Applications for Designated Parent visas

For section 45 and subsection 46 (1) of the Act, and in addition to regulation 2.07, an application for a Designated Parent (Migrant) (Class BY) or Designated Parent (Residence) (Class BZ) visa is validly made if the applicant:

(a) is invited in writing by the Minister to apply for the visa; and

(b) indicates in writing to Immigration that he or she accepts that invitation.

[2] Schedule 1, after item 1111

insert

1111A. Designated Parent (Migrant) (Class BY)

(1) Form: Nil.

(2) Visa application charge:

(a) First instalment (payable at the time application is made): Nil.

(b) Second instalment (payable before grant of visa):

(i) if the applicant has turned 18 at the time of application: $5,000

(ii) if the applicant has not turned 18 at the time of application: $960.

(3) Other:

(a) Application must be made outside Australia in the period from 1 November 1999 to the end of 28 April 2000.

(b) Application by a person claiming to be a member of the family unit of a person who is an applicant for a Designated Parent (Migrant) (Class BY) visa may be made at the same time and place as, and combined with, the application by that person.

(4) Subclasses:

118 (Designated Parent)

Note See regulation 2.07AE for how an application for a Designated Parent (Migrant) (Class BY) visa must be made.

1111B. Designated Parent (Residence) (Class BZ)

(1) Form: Nil.

(2) Visa application charge:

(a) First instalment (payable at the time application is made): Nil.

(b) Second instalment (payable before grant of visa):

(i) if the applicant has turned 18 at the time of application: $5,000

(ii) if the applicant has not turned 18 at the time of application: $960.

(3) Other:

(a) Application must be made in Australia, but not in immigration clearance, in the period from 1 November 1999 to the end of 28 April 2000.

(b) Applicant must be in Australia but not in immigration clearance.

(c) Application by a person claiming to be a member of the family unit of a person who is an applicant for a Designated Parent (Residence) (Class BZ) visa may be made at the same time and place as, and combined with, the application by that person.

(4) Subclasses:

859 (Designated Parent)

Note See regulation 2.07AE for how an application for a Designated Parent (Residence) (Class BZ) visa must be made.

[3] Schedule 2, before Part 120

insert

Subclass 118 Designated Parent

118.1 Interpretation

Note aged parent, close relative, dependent child, eligible New Zealand citizen, guardian, settled, spouse and working age parent are defined in regulation 1.03, and balance of family test is defined in regulation 1.05. There are no interpretation provisions specific to this Part.

118.2 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.

118.21 Criteria to be satisfied at time of application

118.211 (1) The applicant:

(a) made a valid application for a Parent (Migrant) (Class AX) visa in the period from 1 November 1998 to the end of 30 March 1999; and

(b) meets the requirements of subclauses (2) and (3); and

(2) A decision to grant, or to refuse to grant, the Parent (Migrant) (Class AX) visa was not made in the period from 1 November 1998 to the end of 30 March 1999.

(3) The application for the Parent (Migrant) (Class AX) visa has not been withdrawn.

(4) The applicant meets the requirements of this subclause if the applicant:

(a) is a working age parent; and

(b) has a dependent child in Australia who:

(i) has not turned 18; and

(ii) is a settled Australian citizen, a settled Australian permanent resident or a settled eligible New Zealand citizen.

(5) The applicant meets the requirements of this subclause if the applicant is an aged parent of a settled Australian citizen, a settled Australian permanent resident or a settled eligible New Zealand citizen.

118.212 (1) If the applicant meets the requirements of subclause 118.211 (4), the applicant is sponsored:

(a) by a person who:

(i) is a close relative or guardian of a settled dependent child of the applicant who has not turned 18; and

(ii) has turned 18; and

(iii) is a settled Australian citizen, a settled Australian permanent resident or a settled eligible New Zealand citizen; or

(b) by a community organisation.

(2) In this clause:

settled dependent child means a dependent child of the applicant who is a settled Australian citizen, a settled Australian permanent resident or a settled eligible New Zealand citizen.

118.213 (1) If the applicant meets the requirements of subclause 118.211 (5), the applicant is sponsored in accordance with subclause (2) or (3).

(2) If the relevant child has turned 18, the applicant is sponsored by:

(a) that child; or

(b) that child’s cohabiting spouse, if that spouse:

(i) has turned 18; and

(ii) is a settled Australian citizen, a settled Australian permanent resident or a settled eligible New Zealand citizen.

(3) If the relevant child has not turned 18, the applicant is sponsored:

(a) by that child’s cohabiting spouse, if that spouse:

(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 a person who:

(i) is a close relative or guardian of the relevant child; and

(ii) has turned 18; and

(iii) is a settled Australian citizen, a settled Australian permanent resident or a settled eligible New Zealand citizen; or

(i) is a close relative or guardian of the relevant child’s spouse; and

(ii) has turned 18; and

(iii) is a settled Australian citizen, a settled Australian permanent resident or a settled eligible New Zealand citizen; or

(d) by a community organisation.

(4) In this clause:

relevant child means a settled Australian citizen, settled Australian permanent resident or settled eligible New Zealand citizen.

118.214 The applicant satisfies the balance of family test.

118.22 Criteria to be satisfied at time of decision

118.221 The applicant continues to satisfy the criteria specified in clause 118.211.

118.222 The sponsorship referred to in clause 118.212 or 118.213 has been approved by the Minister and is still in force.

118.223 The applicant continues to satisfy the balance of family test.

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

118.225 If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.

118.226 An assurance of support in relation to the applicant has been given, and has been accepted by the Minister.

118.227 (1) Each member of the family unit of the applicant who is an applicant is a person who:

(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010; and

(b) if the member has previously been in Australia, satisfies special return criteria 5001, 5002 and 5010.

(2) Each member of the family unit of the applicant who is not an applicant is a person who:

(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.

118.228 If:

(a) the family unit of the applicant includes a dependent child who made a combined application with the applicant; or

(b) a child who:

(i) is usually resident with the applicant; and

(ii) has not turned 18;

made a combined application with the applicant;

the Minister is satisfied that the grant of a Subclass 118 visa to the child as a member of the family unit of the applicant would not prejudice the rights and interests of any other person who has custody or guardianship of, or access to, the child.

118.3 Secondary criteria

Note These criteria must be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria.

118.31 Criteria to be satisfied at time of application

118.311 The applicant is a member of the family unit of, and made a combined application with, a person who satisfies the primary criteria in Subdivision 118.21.

118.312 The sponsorship referred to in clause 118.212 or 118.213 of the person who satisfies the primary criteria includes sponsorship of the applicant.

118.32 Criteria to be satisfied at time of decision

118.321 The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 118 visa.

118.322 The sponsorship referred to in clause 118.312 has been approved by the Minister and is still in force.

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

118.324 If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.

118.325 Either:

(a) the applicant is included in the assurance of support given in respect of the person who satisfies the primary criteria, and that assurance has been accepted by the Minister; or

(b) an assurance of support has been given in relation to the applicant, and has been accepted by the Minister.

118.326 If the applicant is a dependent child, the Minister is satisfied that the grant of the visa to the applicant would not prejudice the rights and interests of any other person who has custody or guardianship of, or access to, the applicant.

118.4 Circumstances applicable to grant

118.411 The applicant must be outside Australia when the visa is granted.

Note The second instalment of the visa application charge must be paid before the visa can be granted.

118.5 When visa is in effect

118.511 Permanent visa permitting the holder to travel to and enter Australia for a period of 5 years from the date of grant.

118.6 Conditions

118.611 First entry must be made before a date specified by the Minister for the purpose.

118.612 Either or both of conditions 8502 and 8515 may be imposed.

118.7 Way of giving evidence

118.711 Visa label affixed to a valid passport.

[4] Schedule 2, after paragraph 773.213 (2) (zg)

insert

(zga) Designated Parent (Migrant) (Class BY);

(zgb) Designated Parent (Residence) (Class BZ);

[5] Schedule 2, after Part 851

insert

Subclass 859 Designated Parent

859.1 Interpretation

Note aged parent, dependent child, eligible New Zealand citizen and settled are defined in regulation 1.03, and balance of family test is defined in regulation 1.05. There are no interpretation provisions specific to this Part.

859.2 Primary criteria

859.21 Criteria to be satisfied at time of application

859.211 The applicant is nominated for the grant of the visa by a child of the applicant who:

(a) has turned 18; and

(b) is a settled Australian citizen, a settled Australian permanent resident or a settled eligible New Zealand citizen.

859.212 (1) The applicant:

(a) is an aged parent of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen; and

(b) made a valid application for a Parent (Residence) (Class BP) visa in the period from 1 November 1998 to the end of 30 March 1999.

(2) A decision to grant, or to refuse to grant, the Parent (Residence) (Class BP) visa was not made in that period.

(3) The application for the Parent (Residence) (Class BP) visa has not been withdrawn.

859.22 Criteria to be satisfied at time of decision

859.221 The applicant is an aged parent of the Australian citizen, Australian permanent resident or eligible New Zealand citizen referred to in clause 859.211.

859.222 The applicant continues to satisfy the criterion in clause 859.211.

859.223 The applicant satisfies the balance of family test.

859.224 An assurance of support in relation to the applicant has been given, and has been accepted by the Minister.

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

859.226 (1) Each member of the family unit of the applicant who is an applicant for a Subclass 859 visa satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010.

(2) Each member of the family unit of the applicant who is not an applicant for a Subclass 859 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.

859.227 The Minister is satisfied that the grant of the visa to the applicant would not prejudice the rights and interests of any person who has custody or guardianship of, or access to, a dependent child of the applicant.

859.3 Secondary criteria

Note If a person satisfies the primary criteria, members of the family unit of that person are eligible for the grant of the visa if they satisfy the secondary criteria and their applications are made before the Minister has decided to grant or refuse to grant the visa to the first person.

859.31 Criteria to be satisfied at time of application

859.311 The applicant is a member of the family unit of an applicant for a Subclass 859 visa mentioned in clause 859.212, and the Minister has not decided to grant or refuse to grant the visa to that other applicant.

859.32 Criteria to be satisfied at time of decision

859.321 The person referred to in clause 859.311 of whom the applicant is the spouse, or of whose family unit the applicant is a member, is the holder of a Subclass 859 visa, having satisfied the primary criteria.

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

859.323 If an assurance of support is required, either:

(a) an assurance of support in relation to the relevant person who satisfies the primary criteria, that includes the applicant, has been given, and has been accepted by the Minister; or

(b) an assurance of support in relation to the applicant has been given, and has been accepted by the Minister.

859.324 If the applicant is a dependent child, the Minister is satisfied that the grant of the visa to the applicant would not prejudice the rights and interests of any person who has custody or guardianship of, or access to, the applicant.

859.4 Circumstances applicable to grant

859.411 The applicant must be in Australia, but not in immigration clearance, when the visa is granted.

Note The second instalment of the visa application charge (if any) must be paid before the visa can be granted.

859.5 When visa is in effect

859.511 Permanent visa permitting the holder to travel to and enter Australia for 5 years from the date of grant.

859.6 Conditions: Nil.

859.7 Way of giving evidence

859.711 Visa label affixed to a passport.