Migration Regulations 1994

This regulation is made for the purposes of paragraph 140GA(2)(b) of the Act.

If a parent sponsor applies for a variation of the term of the parent sponsor’s approval that is referred to in subregulation 2.64B(1), the Minister must vary the term if the Minister is satisfied that:

the parent sponsor has applied for the variation in accordance with the process referred to in regulation 2.66; and

the approval of the parent sponsor has effect in relation to only one specified person (the currently sponsored parent); and

the effect of the variation will be that the approval will have effect in relation to a second specified person (the additional parent) who is a permitted sponsored person in relation to the parent sponsor; and

one or more of the following applies in relation to each previously sponsored parent (if any) in relation to the parent sponsor:

the parent is the additional parent;

the parent holds a permanent visa;

the parent held a Subclass 870 (Sponsored Parent (Temporary)) visa that has ceased to be in effect and has left Australia; and

either:

none of the persons specified in subregulation (3) have an outstanding public health debt; or

if any one or more of those persons have an outstanding public health debt, each such debt has been paid in full or appropriate arrangements have been made for its payment; and

the parent sponsor has agreed that information about the parent sponsor provided in relation to the application may be disclosed to the additional parent; and

either:

there is no adverse information known to Immigration about the parent sponsor or a person associated with the parent sponsor; or

it is reasonable to disregard any such information; and

either:

the parent sponsor has not failed to satisfy a sponsorship obligation under Subdivision 2.19.2 (which deals with sponsorship obligations of approved family sponsors etc.) relating to the parent sponsor’s sponsorship of the currently sponsored parent; or

it is reasonable to disregard any such failure.

The following persons are specified for the purposes of paragraph (2)(e):

the parent sponsor;

if the parent sponsor has a spouse or de facto partner—the spouse or de facto partner;

the currently sponsored parent;

the additional parent;

a previously sponsored parent (if any) in relation to the parent sponsor.

If the Minister varies the term, the additional parent is taken to be specified in the approval for the purposes of the Act and these Regulations.