Subclass 143 — Contributory Parent

143.1—Interpretation

143.111

In this Part, a reference to an applicant who is the holder of a Subclass 173 (Contributory Parent (Temporary)) visa means a person:

(a) who, at the time of application, holds a Subclass 173 (Contributory Parent (Temporary)) visa; or

(b) who has held a Subclass 173 (Contributory Parent (Temporary)) visa at any time in the 28 days immediately before making the application; or

(c) in relation to whom the Minister is satisfied that compassionate and compelling circumstances exist for the person to be considered to have been the holder of a Subclass 173 (Contributory Parent (Temporary)) visa at the time of the application.

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).

143.2—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.

143.21—Criteria to be satisfied at time of application

143.211

(1) The applicant is:

(a) a parent of a person (the child) who is:

(i) a settled Australian citizen; or

(ii) a settled Australian permanent resident; or

(iii) a settled eligible New Zealand citizen; or

(b) a person who:

(i) either:

(A) is the holder of a Subclass 173 (Contributory Parent (Temporary)) visa at the time of application; or

(B) both:

(I) was the holder of a Subclass 173 (Contributory Parent (Temporary)) visa; and

(II) is the holder of a substituted Subclass 600 visa at the time of application; and

(ii) is no longer the parent of a child described in paragraph (a) because the child has died; and

(iii) is not the parent of another child described in paragraph (a).

(2) If the applicant:

(a) is in Australia at the time of application; and

(b) is not the holder of a substantive visa;

the applicant satisfies criterion 3002.

(3) Subclauses (1) and (2) do not apply if the applicant meets the requirements of subclause 143.214(2).

143.212

(1) The applicant is:

(a) sponsored in accordance with subclause (2) or (3); or

(b) taken, under subclause (4), to be sponsored in accordance with this clause.

(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 that spouse or de facto partner:

(i) has turned 18; and

(ii) is:

(A) a settled Australian citizen; or

(B) a settled Australian permanent resident; or

(C) a settled eligible New Zealand citizen.

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

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

(i) has turned 18; and

(ii) is:

(A) a settled Australian citizen; or

(B) a settled Australian permanent resident; or

(C) a settled eligible New Zealand citizen; or

(b) a person who:

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

(ii) has turned 18; and

(iii) is:

(A) a settled Australian citizen; or

(B) a settled Australian permanent resident; or

(C) a settled eligible New Zealand citizen; or

(c) if the child has a cohabiting spouse but the spouse has not turned 18—a person who:

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

(ii) has turned 18; and

(iii) is:

(A) a settled Australian citizen; or

(B) a settled Australian permanent resident; or

(C) a settled eligible New Zealand citizen; or

(d) a community organisation.

(4) The applicant is taken to be sponsored in accordance with this clause if:

(a) the applicant:

(i) is the holder of a Subclass 173 (Contributory Parent (Temporary)) visa at the time of application; or

(ii) both:

(A) was the holder of a Subclass 173 (Contributory Parent (Temporary)) visa; and

(B) is the holder of a substituted Subclass 600 visa at the time of application; and

(b) the person who sponsored the applicant for the Subclass 173 (Contributory Parent (Temporary)) visa dies before the Subclass 173 (Contributory Parent (Temporary)) visa ceases to be in effect; and

(c) there is no other sponsor available who could meet the requirements set out in subclause (2) or (3).

(5) This clause does not apply if the applicant meets the requirements of subclause 143.214(2).

143.213

(1) For an applicant who, at the time of application, is neither:

(a) the holder of a Subclass 173 (Contributory Parent (Temporary)) visa; nor

(b) the holder of a substituted Subclass 600 visa;

the applicant satisfies the balance of family test.

(2) Subclause (1) does not apply if the applicant meets the requirements of subclause 143.214(2).

143.214

(1) The applicant meets the requirements of subclause (2).

(2) An applicant meets the requirements of this subclause if:

(a) on 8 May 2018:

(i) the applicant held a Subclass 405 (Investor Retirement) visa or a Subclass 410 (Retirement) visa; or

(ii) the last substantive visa held by the applicant since last entering Australia was a Subclass 405 (Investor Retirement) visa or a Subclass 410 (Retirement) visa; and

(b) during the period commencing on 8 May 2018 and ending on the day the application for the Subclass 143 (Contributory Parent) visa is made, the applicant has not held any substantive visa other than a visa mentioned in subparagraph (a)(i); and

(c) the applicant was in Australia, but not in immigration clearance, when the application for the Subclass 143 (Contributory Parent) visa was made.

(3) Subclause (1) does not apply if the applicant satisfies the criteria in clauses 143.211, 143.212 and 143.213.

143.22—Criteria to be satisfied at time of decision

143.221

(1) The applicant continues to meet the requirements set out in clause 143.211.

(2) Subclause (1) does not apply if the applicant meets the requirements of subclause 143.214(2).

143.222

If a sponsorship of the kind mentioned in subclause 143.212(2) or (3) was in force in relation to the applicant at the time of application, a sponsorship of that kind, approved by the Minister, is in force in relation to:

(a) the sponsor at the time of application; or

(b) another sponsor who meets the requirements set out in subclause 143.212(2) or (3);

whether or not the sponsor was the sponsor at the time of application. Note: The applicant may seek the Minister’s approval for a change of sponsor as long as the new sponsor meets the description in subclause 143.212(2) or (3).

143.222A

(1) If clause 143.222 does not apply:

(a) the applicant was the holder of a Subclass 173 (Contributory Parent (Temporary)) visa at the time of application; and

(b) a sponsor of the applicant who usually resides in Australia dies before a decision is made to grant, or to refuse to grant, the Subclass 143 (Contributory Parent) visa; and

(c) there is no other sponsor available who meets the requirements set out in subclause 143.212(2) or (3).

(2) Subclause (1) does not apply if the applicant meets the requirements of subclause 143.214(2).

143.224

(1) The applicant:

(a) satisfies public interest criteria 4001, 4002, 4003, 4020 and 4021; and

(b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.

(2) Subclause (1) does not apply if the applicant meets the requirements of subclause 143.214(2).

143.225

(1) If the applicant was not the holder of a Subclass 173 (Contributory Parent (Temporary)) visa at the time of application, the applicant satisfies the public interest criteria mentioned for the applicant in the item in the table that relates to the applicant.

Item If the applicant was … the public interest criteria to be satisfied by the applicant are ... 1 not the holder of a substituted Subclass 600 4004, 4005, 4009 and 4010 visa at the time of application 2 the holder of a substituted Subclass 600 visa (a) 4009 and 4010; and at the time of application (b) 4007 or, if the applicant has previously held a Subclass 173 visa, such health checks as the Minister considers appropriate

(2) Subclause (1) does not apply if the applicant meets the requirements of subclause 143.214(2).

143.225AA

If the applicant meets the requirements of subclause 143.214(2), the applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009, 4010, 4019, 4020 and 4021.

143.225A

(1) If the applicant (the primary applicant) does not meet the requirements of subclause 143.214(2), each person who is covered by subclause (2), (3) or (4) must satisfy public interest criteria 4020.

(2) This subclause covers a person:

(a) who is a member of the family unit of the primary applicant; and

(b) who is also an applicant for a Subclass 143 visa.

(3) This subclause covers a person (the relevant person) if:

(a) the relevant person was, at the time of the primary applicant’s application, a member of the family unit of the primary applicant; and

(b) the relevant person is an applicant for a Subclass 143 visa; and

(c) the Minister is satisfied that one or more of the following has experienced family violence committed by the primary applicant:

(i) the relevant person;

(ii) a member of the family unit of the relevant person who has made a combined application with the relevant person or with the primary applicant;

(iii) a dependent child of the relevant person or of the primary applicant.

Note: For special provisions relating to family violence, see Division 1.5.

(4) This subclause covers a person if:

(a) the person was, at the time of the primary applicant’s application, a member of the family unit of the primary applicant but is no longer a member of the family unit of the primary applicant; and

(b) the person is an applicant for a Subclass 143 visa; and

(c) the person is a member of the family unit of a person covered by subclause (3).

(2) Subclause (1) does not apply if the applicant meets the requirements of subclause 143.214(2).

143.225B

If the applicant meets the requirements of subclause 143.214(2), each person who is covered by subclause 143.225A(2), (3) or (4) is a person who satisfies:

(a) public interest criteria 4001, 4002, 4003, 4004, 4005, 4009, 4010, 4019 and 4020; and

(b) special return criteria 5001, 5002 and 5010.

143.226

If the applicant was the holder of a Subclass 173 (Contributory Parent (Temporary)) visa at the time of application, the applicant has undergone any health checks that the Minister considers appropriate.

143.227

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

143.228

(1) The Minister is satisfied that an assurance of support in relation to the applicant has been accepted by the Secretary of Social Services.

(2) Subclause (1) does not apply if the applicant meets the requirements of subclause 143.214(2).

143.229

(1) If the applicant (the primary applicant) was not the holder of a Subclass 173 (Contributory Parent (Temporary)) visa at the time of application, each person covered by subclause (3), (4) or (5):

(a) must satisfy the public interest criteria mentioned in the item in the table that relates to the primary applicant; and

(b) if the person has previously been in Australia—must satisfy the special return criteria mentioned in the item in the table that relates to the primary applicant.

Item If the primary the public interest criteria to be and if the person has applicant … satisfied by the person covered by previously been in subclause (3), (4) or (5) are … Australia, the special return criteria are … 1 was not the holder (a) 4001, 4002, 4003, 4004, 4005, 4009 5001, 5002 and 5010 of a substituted and 4010; and Subclass 600 visa (b) if the person had turned 18 at the time at the time of of application—4019 application 2 was the holder of a (a) 4001, 4002, 4003, 4009 and 4010; and 5001, 5002 and 5010 substituted (b) either: Subclass 600 visa (i) 4007; or at the time of (ii) if the person has previously held application a Subclass 173 visa—such health checks as the Minister considers appropriate; and

(c) if the person had turned 18 at the time of application—4019

(2) Subclause (1) does not apply if the primary applicant meets the requirements of subclause 143.214(2).

(3) This subclause covers a person:

(a) who is a member of the family unit of the primary applicant; and

(b) who is also an applicant for a Subclass 143 visa.

(4) This subclause covers a person (the relevant person) if:

(a) the relevant person was, at the time of the primary applicant’s application, a member of the family unit of the primary applicant; and

(b) the relevant person is an applicant for a Subclass 143 visa; and

(c) the Minister is satisfied that one or more of the following has experienced family violence committed by the primary applicant:

(i) the relevant person;

(ii) a member of the family unit of the relevant person who has made a combined application with the relevant person or with the primary applicant;

(iii) a dependent child of the relevant person or of the primary applicant.

Note: For special provisions relating to family violence, see Division 1.5.

(5) This subclause covers a person if:

(a) the person was, at the time of the primary applicant’s application, a member of the family unit of the primary applicant but is no longer a member of the family unit of the primary applicant; and

(b) the person is an applicant for a Subclass 143 visa; and

(c) the person is a member of the family unit of a person covered by subclause (4).

143.230

(1) If the applicant (the primary applicant) was not the holder of a Subclass 173 (Contributory Parent (Temporary)) visa at the time of application, each person covered by subclause (2) or (3) must satisfy the public interest criteria mentioned in the item in the table that relates to the primary applicant.

Item If the primary applicant the public interest criteria to be satisfied by the person was … covered by subclause (2) or (3) are ... 1 not the holder of a (a) 4001, 4002, 4003 and 4004; and substituted Subclass 600 visa (b) 4005, unless the Minister is satisfied that it would be at the time of application unreasonable to require the person to undergo assessment for that criterion 2 the holder of a substituted (a) 4001, 4002 and 4003; and Subclass 600 visa at the time (b) 4007, unless the Minister is satisfied that it would be of application unreasonable to require the person to undergo assessment for that criterion

(2) This subclause covers a person:

(a) who is a member of the family unit of the primary applicant; and

(b) who is not an applicant for a Subclass 143 visa.

(3) This subclause covers a person:

(a) who was, at the time of application, a member of the family unit of the primary applicant but is no longer a member of the family unit of the primary applicant; and

(b) who is a member of the family unit of a person covered by subclause 143.229(4) or (5); and

(c) who is not an applicant for a Subclass 143 visa.

143.231

If a person (the additional applicant):

(a) is a person covered by subclause 143.229(3), (4) or (5); 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.

143.232

If the applicant has previously made a valid application for another parent visa, that application is not outstanding.

143.3—Secondary criteria

143.31—Criteria to be satisfied at time of application

143.311

(1) One of the following applies:

(a) the applicant is a member of the family unit of, and made a combined application with, (the primary applicant) who satisfies the primary criteria in Subdivision 143.21;

(aa) the applicant is a member of the family unit of a person covered by subclause (3);

(b) each of the following applies:

(i) the applicant is a member of the family unit of a person (the other applicant) who:

(A) has applied for a Contributory Parent (Migrant) (Class CA) visa; and

(B) was in Australia at the time of application; and

(C) on the basis of the information provided in his or her application, appears to satisfy the criteria in Subdivision 143.21;

(ii) the other applicant is the holder of:

(A) a Subclass 173 (Contributory Parent (Temporary)) visa; or

(B) a substituted Subclass 600 visa;

(iii) the Minister has not decided to grant or refuse to grant the visa to the other applicant;

(iv) the applicant was in Australia at the time at which the applicant made the application for the Contributory Parent (Migrant) (Class CA) visa.

(2) Subclause (1) does not apply if the applicant meets the requirements of subclause 143.313(2).

(3) This subclause covers a person (the relevant person) if:

(a) the relevant person was, at the time of the relevant person’s application for the visa, the spouse or de facto partner of the primary applicant; and

(b) the relevant person made a combined application with the primary applicant; and

(c) the relationship between the relevant person and the primary applicant has ceased; and

(d) one or more of the following has experienced family violence committed by the primary applicant:

(i) the relevant person;

(ii) a member of the family unit of the relevant person or the primary applicant;

(iii) a dependent child of the relevant person or primary applicant.

Note: For special provisions relating to family violence, see Division 1.5.

143.312

(1) One of the following applies:

(a) the sponsorship mentioned in subclause 143.212(2) or (3) of the person who satisfies the primary criteria includes sponsorship of the applicant;

(b) the person who satisfies the primary criteria, and the applicant, meet the requirements of subclause 143.212 (4);

(c) the applicant is a contributory parent newborn child who was the holder of a Subclass 173 (Contributory Parent (Temporary)) visa at the time of the application and:

(i) the contributory parent newborn child’s parent was granted a Subclass 143 (Contributory Parent) visa on the basis of meeting paragraph 143.222(b); or

(ii) the person who sponsored the contributory parent newborn child’s parent for the Subclass 143 (Contributory Parent) visa died after that visa was granted.

(2) Subclause (1) does not apply if:

(a) paragraph 143.311(1)(aa) applies to the applicant; or

(b) the applicant meets the requirements of subclause 143.313(2).

143.313

(1) The applicant meets the requirements of subclause (2).

(2) An applicant meets the requirements of this subclause if:

(a) the applicant is a member of the family unit of, and makes a combined application with, a person who has met the requirements of subclause 143.214(2); and

(b) on 8 May 2018:

(i) the applicant held a Subclass 405 (Investor Retirement) visa or a Subclass 410 (Retirement) visa; or

(ii) the last substantive visa held by the applicant was a Subclass 405 (Investor Retirement) visa or a Subclass 410 (Retirement) visa; and

(c) during the period commencing on 8 May 2018 and ending on the day the application for the Subclass 143 (Contributory Parent) visa is made, the applicant has not held any substantive visa other than a visa mentioned in subparagraph (b)(i); and

(d) the applicant was in Australia, but not in immigration clearance, when the application for the Subclass 143 (Contributory Parent) visa was made.

(3) Subclause (1) does not apply if the applicant satisfies the criteria in clauses 143.311 and 143.312.

143.32—Criteria to be satisfied at time of decision

143.321

(1) The applicant meets the requirements of subclause (2), (3), (4) or (5).

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

(a) is the member of the family unit of a person (the primary applicant) who holds a Subclass 143 visa granted on the basis of satisfying the primary criteria for the grant of the visa; and

(b) made a combined application with the primary applicant.

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

(a) at the time of the application, the applicant was the spouse or de facto partner of a person (the primary applicant) seeking to satisfy the primary criteria for the grant of a Subclass 143 visa, and the primary applicant has since been granted that visa; and

(b) the relationship between the primary applicant and the applicant has ceased; and

(c) one or more of the following has experienced family violence committed by the primary applicant:

(i) the applicant;

(ii) a member of the family unit of the applicant who has made a combined application with the applicant or with the primary applicant;

(iii) a dependent child of the applicant or of the primary applicant; and

(d) the applicant:

(i) was in Australia at the time the applicant’s visa application was made; or

(ii) entered Australia after the applicant’s visa application was made.

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

(a) at the time of the application, the applicant was the spouse or de facto partner of a person (the primary applicant) seeking to satisfy the primary criteria for the grant of a Subclass 143 visa; and

(b) the relationship between the primary applicant and the applicant has ceased; and

(c) one or more of the following has experienced family violence committed by the primary applicant:

(i) the applicant;

(ii) a member of the family unit of the applicant who has made a combined application with the applicant or with the primary applicant;

(iii) a dependent child of the applicant or of the primary applicant; and

(d) the Minister has decided to refuse to grant the primary applicant the visa for reasons including that the primary applicant had engaged in conduct involving family violence (whether or not the family violence was against a person mentioned in paragraph (c)).

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

(a) the applicant is a member of the family unit of a person (the secondary applicant) who meets the requirements of subclause (3) or (4); and

(b) the applicant has made a combined application with the secondary applicant or the primary applicant mentioned in subclause (3) or (4) (whichever applies to the secondary applicant); and

(c) a Subclass 143 visa has since been granted to the secondary applicant. Note: For special provisions relating to family violence, see Division 1.5.

143.322

(1) One of the following applies:

(a) the sponsorship, mentioned in paragraph 143.222(a), that includes sponsorship of the applicant:

(i) has been approved by the Minister in relation to the applicant; and

(ii) is still in force in relation to the applicant;

(aa) the applicant is sponsored in accordance with subclause (1A) and the sponsorship has been approved by the Minister and is in force;

(b) the person who satisfied the primary criteria at the time of decision met the requirements of paragraph 143.222(b) at the time of decision, and the applicant meets those requirements at the time of decision;

(c) the applicant is a contributory parent newborn child who meets the requirements of paragraph 143.312(c).

(1A) The applicant is sponsored:

(a) by a child of the primary applicant mentioned in subclause 143.321(2), (3) or (4), if the child:

(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 child’s cohabiting spouse or de facto partner, 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; or

(c) if the child or child’s cohabiting spouse or de facto partner has not turned 18—by a relative or guardian of the child or child’s cohabiting spouse or de facto partner, if the relative or guardian:

(i) has turned 18; and

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

(d) if the child has not turned 18—by a community organisation.

(2) Subclause (1) does not apply if the applicant meets the requirements of subclause 143.313(2).

143.323

(1) The applicant:

(a) satisfies public interest criteria 4001, 4002, 4003, 4020 and 4021; and

(b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.

(2) Subclause (1) does not apply if the applicant meets the requirements of subclause 143.313(2).

143.324

(1) If the applicant was not the holder of a Subclass 173 (Contributory Parent (Temporary)) visa at the time of application, the applicant satisfies the public interest criteria mentioned for the applicant in the item in the table that relates to the applicant.

Item If the applicant is a person covered by the public interest criteria to be satisfied by subclause 143.321(2), (3), (4) or (5), and the applicant are ... the person was … 1 not the holder of a substituted Subclass 600 4004, 4005, 4009 and 4010 visa at the time of application 2 the holder of a substituted Subclass 600 (a) 4009 and 4010; and visa at the time of application (b) 4007 or, if the applicant has previously held a Subclass 173 visa, such health checks as the Minister considers appropriate

(2) Subclause (1) does not apply if the applicant meets the requirements of subclause 143.313(2).

143.324A

If the applicant meets the requirements of subclause 143.313(2), the applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009, 4010, 4019, 4020 and 4021.

143.325

For an applicant who was the holder of a Subclass 173 (Contributory Parent (Temporary)) visa at the time of application, the applicant has undergone any health checks that the Minister considers appropriate.

143.326

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

143.327

(1) The Minister is satisfied that:

(a) the applicant is included in the assurance of support given in relation to the person who satisfies the primary criteria, 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.

(2) Subclause (1) does not apply if the applicant meets the requirements of subclause 143.313(2).

143.328

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

143.329

If the applicant has previously made a valid application for another parent visa, that application is not outstanding.

143.330

(1) This clause applies if the applicant (the secondary applicant) meets the requirements of subclause 143.321(3) or (4).

(2) Each member of the family unit of the secondary applicant who is an applicant for a Subclass 143 visa:

(a) must satisfy the public interest criteria mentioned in the item in the table that relates to the secondary applicant; and

(b) if the member of the family unit has previously been in Australia—must satisfy the special return criteria mentioned in the item in the table that relates to the secondary applicant.

Item If the secondary the public interest criteria to be and if the member of the applicant … satisfied by the member of the family family unit of the unit of the secondary applicant are … secondary applicant has previously been in Australia, the special return criteria are … 1 was not the holder (a) 4001, 4002, 4003, 4004, 4005, 4009 5001, 5002 and 5010 of a substituted and 4010; and Subclass 600 visa (b) if the member of the family unit had

Item If the secondary the public interest criteria to be and if the member of the applicant … satisfied by the member of the family family unit of the unit of the secondary applicant are … secondary applicant has previously been in Australia, the special return criteria are … at the time of turned 18 at the time of application— application 4019 2 was the holder of a (a) 4001, 4002, 4003, 4009 and 4010; and 5001, 5002 and 5010 substituted (b) either: Subclass 600 visa (i) 4007; or at the time of (ii) if the member of the family unit application has previously held a Subclass 173 visa—such health checks as the Minister considers appropriate; and

(c) if the member of the family unit had turned 18 at the time of application—

(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 143 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 143 visa satisfies 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 (a) 4001, 4002, 4003 and 4004; and Subclass 600 visa at the time of (b) 4005, unless the Minister is satisfied that it application would be unreasonable to require the person to undergo assessment for that criterion 2 was the holder of a substituted (a) 4001, 4002 and 4003; and Subclass 600 visa at the time of (b) 4007, unless the Minister is satisfied that it application would be unreasonable to require the person to undergo assessment for that criterion

143.4—Circumstances applicable to grant

143.411

(1) If the applicant is, at the time of application:

(a) the holder of a Subclass 173 (Contributory Parent (Temporary)) visa; or

(b) the holder of a substituted Subclass 600 visa; or

(c) a member of the family unit of an applicant who holds a substituted Subclass 600 visa; or

(d) an applicant:

(i) who is a member of the family unit of a person who is the holder of a Contributory Parent (Temporary) (Class UT) visa; and

(ii) to whom paragraph 143.311(b) applies;

the applicant may be in or outside Australia, but not in immigration clearance, when the visa is granted.

(2) If the applicant:

(a) meets the requirements of subclause 143.214(2); or

(b) meets the requirements of subclause 143.313(2) on the basis that the applicant is a family member of the applicant mentioned in paragraph (a);

the applicant may be in or outside Australia, but not in immigration clearance, when the visa is granted.

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

(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 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.

143.5—When visa is in effect

143.511

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

143.6—Conditions

143.611

If the applicant is outside Australia when the visa is granted, first entry must be made before a date specified by the Minister for the purpose.

143.612

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