Migration Regulations 1994

The applicant satisfies subclauses (2) to (8).

The applicant has turned 55.

If the applicant intends to reside in Australia with his or her spouse or de facto partner, the family unit of the applicant does not include any other person dependent on the applicant or the applicant’s spouse or de facto partner.

If the applicant intends to reside in Australia without a spouse or de facto partner, the family unit of the applicant does not include a person dependent on the applicant.

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

If the applicant is in Australia, the applicant has complied substantially with the conditions (the previous visa conditions) that apply or applied to the last of any substantive visas held by the applicant, and to any subsequent bridging visa, unless:

if condition 8303 was a previous visa condition—the applicant has complied substantially with that condition; and

either:

the applicant holds a Subclass 410 visa; or

the last substantive visa held by the applicant was a Subclass 410 visa; and

the Minister is satisfied that the applicant was unable to comply substantially with the previous visa conditions (other than condition 8303) because of compassionate and compelling circumstances.

The Minister is satisfied that the applicant intends to comply with any conditions subject to which the visa is granted.

The applicant satisfies this subclause if:

the applicant and the applicant’s spouse or de facto partner (if any) satisfy public interest criteria 4001, 4002, 4003, 4004, 4013, 4014, 4019 and 4020; and

the applicant and the applicant’s spouse or de facto partner (if any) are free from tuberculosis; and

the applicant and the applicant’s spouse or de facto partner (if any) are free from a disease or condition that is, or may result in the applicant or the applicant’s spouse or de facto partner being, a threat to public health in Australia or a danger to the Australian community; and

if the applicant is a person from whom a Medical Officer of the Commonwealth has requested a signed undertaking to present himself or herself to a health authority in the State or Territory of intended residence in Australia for a follow‑up medical assessment—the applicant has provided such an undertaking.