Migration Regulations 1994

An applicant for a visa is a remaining relative of another person who is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen if the applicant satisfies the Minister that:

the other person is a parent, brother, sister, step‑brother or step‑sister of the applicant; and

the other person is usually resident in Australia; and

the applicant, and the applicant’s spouse or de facto partner (if any), have no near relatives other than near relatives who are:

usually resident in Australia; and

Australian citizens, Australian permanent residents or eligible New Zealand citizens; and

if the applicant is a child who:

has not turned 18; and

has been adopted by an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen (the adoptive parent) while overseas:

In this regulation:

a parent, brother, sister, step‑brother or step‑sister of the applicant or of the applicant’s spouse or de facto partner (if any); or

a child (including a step‑child) of the applicant or of the applicant’s spouse or de facto partner (if any), being a child who:

has turned 18 and is not a dependent child of the applicant or the applicant’s spouse or de facto partner (if any); or

has not turned 18 and is not wholly or substantially in the daily care and control of the applicant or the applicant’s spouse or de facto partner (if any).