Subclass 117 — Orphan Relative

117.1—Interpretation

117.111

In this Part: Australian relative means a relative of the applicant who is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen. Note: dependent child, eligible New Zealand citizen, relative and settled are defined in regulation 1.03, orphan relative is defined in regulation 1.14, 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).

117.2—Primary criteria

Note: The primary criteria must be satisfied by at least one 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.

117.21—Criteria to be satisfied at time of application

117.211

The applicant:

(a) is an orphan relative of an Australian relative of the applicant; or

(b) is not an orphan relative only because the applicant has been adopted by the Australian relative mentioned in paragraph (a).

117.212

The applicant is sponsored:

(a) by the Australian relative, if the relative:

(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 spouse or de facto partner of the Australian relative, 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; and

(iii) cohabits with the Australian relative.

117.22—Criteria to be satisfied at time of decision

117.221

The applicant:

(a) continues to satisfy the criterion in clause 117.211; or

(b) does not continue to satisfy that criterion only because the applicant has turned 18.

117.222

The sponsorship referred to in clause 117.212 has been approved by the Minister and is still in force. Note: Regulation 1.20KB limits the Minister’s discretion to approve sponsorships.

117.223

The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009, 4010, 4020 and 4021.

117.224

If the Minister has requested an assurance of support in relation to the applicant, the Minister is satisfied that the assurance has been accepted by the Secretary of Social Services.

117.225

(1) Each member of the family unit of the applicant who is an applicant for a Subclass 117 visa is a person who satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009, 4010 and 4020.

(2) Each member of the family unit of the applicant who is not an applicant for a Subclass 117 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.

117.226

If a person (in this clause called the additional applicant):

(a) is a member of the family unit of the applicant; 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.

117.227

If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

117.3—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.

117.31—Criteria to be satisfied at time of application

117.311

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 117.21.

117.312

The sponsorship referred to in clause 117.212 of the person who satisfies the primary criteria includes sponsorship of the applicant.

117.32—Criteria to be satisfied at time of decision

117.321

The applicant continues to be a member of the family unit of a person who is the holder of a Subclass 117 visa.

117.322

The sponsorship referred to in clause 117.312 has been approved by the Minister and is still in force.

117.323

The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009, 4010, 4020 and 4021.

117.324

If the Minister has requested an assurance of support in relation to the person who satisfies the primary criteria, the Minister is satisfied that:

(a) the applicant is included in the assurance of support given in relation to that person, 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.

117.325

If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

117.4—Circumstances applicable to grant

117.411

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

117.5—When visa is in effect

117.511

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

117.6—Conditions

117.611

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

117.612

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