Migration Amendment Regulations 1998 (No. 8) (Cth)
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I, WILLIAM PATRICK DEANE, Governor-General
of the Commonwealth of Australia, acting with the advice of the Federal
Executive Council, make the following regulations under the
Dated 25 August 1998.
WILLIAM DEANE
Governor-General
By His Excellency’s Command,
PHILIP RUDDOCK
Minister for Immigration and Multicultural Affairs
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1.1 These
regulations are the
2.1 These regulations commence on 1 November 1998.
3.1 The Migration Regulations are amended as set out in these regulations.
4.1 Subregulation 2.36 (1):
After paragraph 2.36 (1) (b), insert:
“; and (c) must include an undertaking to provide sufficient direct or indirect financial assistance to ensure that the applicant will not rely on any form of support mentioned in subregulation 2.38 (1).”.
5.1 After regulation 2.36, insert:
“
(a) the person giving the assurance:
(i) is employed, self-employed or is otherwise generating taxable income; and
(ii) shows to the Minister the notice of assessment issued by the Commissioner of Taxation in respect of the person’s income for each of the 2 financial years before the giving of the assurance; and
(b) the person’s taxable income in each of those 2 financial years is at least equal to the amount that would be the person’s income free area under point 1069-H28 of the
Social Security Act 1991 .
“
6.1 Paragraphs 2.39 (4) (a) and (b):
Omit the paragraphs, substitute:
“(a) in relation to a visa application made before 1 November 1998:
(i) unless subparagraph (ii) applies — $3,500; or
(ii) if the application to which the assurance relates is dependent on the holding by, or grant to, another person of a visa of the same class as that sought in the application — $1,500; and
(b) in relation to a visa application made on or after 1 November 1998:
(i) unless subparagraph (ii) applies — $4,000; or
(ii) if the application to which the assurance relates is dependent on the holding by, or grant to, another person of a visa of the same class as that sought in the application — $2,000.”.
7.1 Subitems 1107 (4), 1115 (4) and 1119 (4):
Omit “804 (Aged parent)”.
7.2 After item 1123, insert:
“
(1) | Form: | ||
(2) Visa application charge:
| $1,060 | ||
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(3) | Other: | (a) Application must be made outside Australia. | |
(b) Applicant must be outside Australia. | |||
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(4) | Subclasses: | 114 (Aged Dependent Relative).”. | |
7.3 Subitem 1124 (2):
Omit the subitem, substitute:
“(2) Visa application charge: | |
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| $1,060 |
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7.4 After paragraph 1124 (3) (a), insert:
“(aa) Applicant must be outside Australia.”. |
7.5 Subitem 1124 (4):
Omit “103 (Parent)”, substitute “113 (Aged Parent)”.
7.6 After item 1124, insert:
“
(1) | Form: | ||
(2) Visa application charge: | |||
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| $1,570 | ||
| Nil | ||
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(3) | Other: |
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(4) | Subclasses: | 819 (Aged Parent).”. | |
7.7 Subitems 1301 (1), 1303 (1) and 1305 (1):
8.1 Omit the Part.
9.1 Paragraph 104.211 (2) (a):
9.2 Paragraphs 104.224 (b), 104.226 (1) (b) and 104.324 (b):
Omit “an aged dependent relative or”.
11.1 Omit the Part.
12.1 Paragraph 806.211 (d):
Omit “an aged dependent relative,”.
12.2 Clause 806.213:
Omit “an aged dependent relative,”.
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113.211 (1) The applicant meets the requirements of subclause (2) or (3).
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.
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.
113.212 (1) If the applicant meets the requirements of subclause 113.211 (2), the applicant is sponsored:
(a) by a settled dependent child of the applicant who has turned 18; or
(b) if the applicant has no settled dependent child who has turned 18:
(i) by a person who:
(A) is a close relative or guardian of a settled dependent child of the applicant who has not turned 18; and
(B) has turned 18; and
(C) is a settled Australian citizen, a settled Australian permanent resident or a settled eligible New Zealand citizen; or
(ii) by a community organisation.
In this clause,
113.213 (1) If the applicant meets the requirements of subclause 113.211 (3) the applicant is sponsored in accordance with subclause (2) or (3).
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.
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
(c) if the relevant child has a cohabiting spouse but the spouse has not turned 18 — by a person who:
(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.
In this clause,
113.214 The applicant satisfies the balance of family test.
113.221 The applicant continues to satisfy the criterion specified in clause 113.211.
113.222 The sponsorship referred to in clause 113.212 or 113.213 has been approved by the Minister and is still in force.
113.223 The applicant continues to satisfy the balance of family test.
113.224 The applicant satisfies public interest
criteria
113.225 If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.
113.226 An assurance of support in relation to the applicant has been given, and has been accepted by the Minister.
113.227 (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.
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.
113.228 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 113 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.
113.311 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 113.21.
113.312 The sponsorship referred to in clause 113.212 or 113.213 of the person who satisfies the primary criteria includes sponsorship of the applicant.
113.321 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 113 visa.
113.322 The sponsorship referred to in clause 113.312 has been approved by the Minister and is still in force.
113.323 The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010.
113.324 If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.
113.325 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.
113.326 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.
113.411 The applicant must be outside Australia when the visa is granted.
113.511 Permanent visa permitting the holder to travel to and enter Australia for a period of 5 years from the date of grant.
113.611 First entry must be made before a date specified by the Minister for the purpose.
113.612 Either or both of conditions 8502 and 8515 may be imposed.
113.711 Visa label affixed to a valid passport.
114.211 The applicant is an aged dependent relative of a person who is:
(a) an Australian citizen; or
(b) an Australian permanent resident; or
(c) an eligible New Zealand citizen.
114.212 (1) The applicant is sponsored:
(a) if the Australian relative has turned 18 and is a settled Australian citizen, a settled Australian permanent resident or a settled eligible New Zealand citizen — by the Australian relative; or
(b) by the spouse of the Australian relative, if the spouse:
(i) cohabits with the Australian relative; and
(ii) is a settled Australian citizen, a settled Australian permanent resident or a settled eligible New Zealand citizen; and
(iii) has turned 18.
In this clause,
114.221 The applicant continues to satisfy the criterion specified in clause 114.211.
114.222 The sponsorship referred to in clause 114.212 has been approved by the Minister and is still in force.
114.223 The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010.
114.224 If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.
114.225 An assurance of support in relation to the applicant has been given, and has been accepted by the Minister.
114.226 (1) Each member of the family unit of the applicant who is an applicant for a Subclass 114 visa 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 and 5002.
Each member of the family unit of the applicant who is not an applicant for a Subclass 114 visa 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.
114.227 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 114 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.
114.311 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 114.21.
114.312 The sponsorship referred to in clause 114.212 of the person who satisfies the primary criteria includes sponsorship of the applicant.
114.321 The applicant continues to be a member of the family unit of a person who is the holder of a Subclass 114 visa.
114.322 The sponsorship referred to in clause 114.312 has been approved by the Minister and is still in force.
114.323 The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010.
114.324 If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.
114.325 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.
114.326 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.
114.411 The applicant must be outside Australia when the visa is granted.
114.511 Permanent visa permitting the holder to travel to and enter Australia for a period of 5 years from the date of grant.
114.611 First entry must be made before a date specified by the Minister for the purpose.
114.612 Either or both of conditions 8502 and 8515 may be imposed.
114.711 Visa label affixed to a valid passport.
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819.211 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.
819.212 If the applicant is the holder of a Subclass 410 (Retirement) visa, the applicant has been, for a period of 10 years, or for periods that total 10 years, the holder of a visa, or visas, of the following kinds:
(a) a Subclass 410 visa;
(b) a Transitional (Temporary) (Class UA) visa that:
(i) was granted on the basis of an application for a Class 410 (retirement) visa or entry permit under the Migration (1993) Regulations or a retirement (code number 410) visa or entry permit under the Migration (1989) Regulations; or
(ii) was taken to be held by a person on the basis of having held a visa or entry permit of a kind mentioned in subparagraph (i);
(c) a Class 410 (retirement) visa under the Migration (1993) Regulations;
(d) a retirement (code number 410) visa under the Migration (1989) Regulations.
819.221 The applicant is an aged parent of the Australian citizen, Australian permanent resident or eligible New Zealand citizen referred to in clause 819.211.
819.222 The applicant continues to satisfy the criterion in clause 819.211.
819.223 If the applicant has made a valid application for a Family (Residence) (Class AO) or General (Residence) (Class AS) visa before 1 November 1998 in relation to which no primary decision to grant, or to refuse to grant, has been made:
(a) the applicant satisfies the balance of family test; and
(b) an assurance of support in relation to the applicant has been given, and has been accepted by the Minister.
819.224 The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010.
819.225 (1) Each member of the family unit of the applicant who is an applicant for a Subclass 819 visa satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010.
Each member of the family unit of the applicant who is not an applicant for a Subclass 819 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.
819.226 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.
819.311 The applicant is:
(a) the spouse of an applicant for a Subclass 819 visa who satisfies the criterion in subclause 819.212; or
(b) a member of the family unit of an applicant for a Subclass 819 visa mentioned in clause 819.223;
and the Minister has not decided to grant or refuse to grant the visa to that other applicant.
819.321 The person referred to in clause 819.311 of whom the applicant is the spouse, or of whose family unit the applicant is a member, is the holder of a Subclass 819 visa, having satisfied the primary criteria.
819.322 The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010.
819.323 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.
819.324 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.
819.411 The applicant must be in Australia, but not in immigration clearance, when the visa is granted.
819.511 Permanent visa permitting the holder to travel to and enter Australia for 5 years from the date of grant.
819.711 Visa label affixed to a passport.
1. Notified in the
Commonwealth of Australia Gazette on 1 September 1998.2. Statutory Rules 1994 No. 268 as amended by 1994 Nos. 280, 322, 376 and 452; 1995 Nos. 3, 38, 117, 134, 268, 302 and 411; 1996 Nos. 12, 75 (regulations 7 and 8 were disallowed by the Senate on 11 September 1996), 76, 108, 121, 135, 198, 211 (regulations 4, 10, 11, 13.3, 14-37, 47-49, 51, 53-55, 74, 77.16, 77.19, 78, 85, 119 and 114 were disallowed by the Senate on 7 November 1996) and 276; 1997 Nos. 17, 64, 91, 92, 109, 137, 184, 185, 216, 263, 279, 288, 301 and 354; 1998 Nos. 36, 37, 104 (regulation 15 was disallowed by the Senate on 2 July 1998), 139, 210, 214 and 284.
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