This instrument is the Migration Amendment (Parent Visas) Regulations 2021.

(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1. The whole of this instrument	24 March 2021.	24 March 2021

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3 Authority

This instrument is made under the Migration Act 1958.

4 Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Facilitating onshore grants of certain parent visa applications

Migration Regulations 1994

1 At the end of subregulation 4.02(4)

Add:

; (t) a decision made after 23 March 2021 to refuse to grant a Subclass 173 (Contributory Parent (Temporary)) visa to a non‑citizen (other than a contributory parent newborn child) if:

(i) the application for the visa was made before 24 March 2021; and

(ii) the non‑citizen was in Australia on 24 March 2021; and

(iii) the decision is made before the end of the concession period described in subregulation 1.15N(1); and

(iv) the non‑citizen is in Australia when the decision is made.

2 At the end of subregulation 4.02(5)

Add:

; (s) in the case of a decision to which paragraph (4)(t) applies—the sponsor.

3 Clause 103.411(1) of Schedule 2

After “subclause (2)”, insert “or (3)”.

4 After subclause 103.411(2) of Schedule 2

Insert:

(3) This subclause applies if:

(a) the application for the visa was made before 24 March 2021; and

(b) the applicant was in Australia on 24 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 is in Australia, but not in immigration clearance, when the visa is granted.

5 Clause 143.412 of Schedule 2

Repeal the clause, substitute:

143.412

(1) Unless:

(a) clause 143.411 applies to the applicant at the time of application; or

(b) subclause (2) of this clause applies to the visa;

the applicant must be outside Australia 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 in Australia on 24 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 in 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.

6 Clause 173.411 of Schedule 2

Repeal the clause, substitute:

173.411

(1) Unless:

(a) the applicant is a contributory parent newborn child; or

(b) subclause (2) of this clause applies to the visa;

the applicant must be outside Australia 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 in Australia on 24 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 in 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.

Schedule 2—Facilitating offshore grants of certain parent visa applications

Migration Regulations 1994

1 Clause 804.411 of Schedule 2

Repeal the clause, substitute:

804.411

(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

(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.

2 Clause 864.411 of Schedule 2

Repeal the clause, substitute:

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

(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.