Migration Regulations 1994

The Minister must not approve the sponsorship by a sponsor of an applicant for a Subclass 600 (Visitor) visa if:

the sponsor has previously sponsored the applicant, or another applicant, for:

a Subclass 600 (Visitor) visa; or

a Sponsored (Visitor) (Class UL) visa; and

the visa mentioned in paragraph (a) was granted; and

either:

subject to subregulation (3)—the visa is still in effect; or

subject to subregulation (4)—each of the following applies:

the visa has ceased to be in effect;

the previous applicant did not comply with a condition of the visa;

a period of 5 years has not passed since the grant of the visa.

Despite subparagraph (1)(c)(i), the Minister may approve the sponsorship by the sponsor of the applicant if:

the previous applicant holds a Subclass 600 (Visitor) visa; and

the Minister is satisfied that the applicant:

is a member of the family unit of the previous applicant; and

is proposing to travel to Australia for the same purpose as the previous applicant.

Despite subparagraph (1)(c)(ii), the Minister may approve the sponsorship by the sponsor of the applicant if:

the previous applicant was the holder of a Subclass 600 (Visitor) visa; and

the Minister has, at any time, determined in writing that he or she is satisfied that:

the previous applicant did not comply with condition 8531; and

the previous applicant exceeded the period of stay permitted by the visa due to circumstances:

beyond the previous applicant’s control; and

that occurred after the previous applicant entered Australia as the holder of a visa mentioned in paragraph (a).

Condition 8531 provides that the holder of a visa is not permitted to remain in Australia after the end of the period of stay permitted by that visa.