Migration Regulations 1994

If the Australian citizen, holder of a permanent visa or eligible New Zealand citizen mentioned in subclause 802.212(1) is an adoptive parent of the applicant, the applicant:

was under 18 when the adoption took place; and

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

The applicant meets the requirements of this subclause if the adoption of the applicant was in accordance with the Adoption Convention and an adoption compliance certificate is in force in relation to the adoption.

The applicant meets the requirements of this subclause if the adoptive parent was not an Australian citizen, holder of a permanent visa or New Zealand citizen when the adoption took place, but subsequently became an Australian citizen, holder of a permanent visa or New Zealand citizen.

The applicant meets the requirements of this subclause if:

the adoptive parent was, when the adoption took place, an Australian citizen, holder of a permanent visa or eligible New Zealand citizen; and

before the adoption, a competent authority in Australia approved the adoptive parent as a suitable adoptive parent, or the adoptive parent and the adoptive parent’s spouse or de facto partner as suitable adoptive parents, for the applicant.

The applicant meets the requirements of this subclause if:

the applicant was adopted in an overseas country and the adoptive parent was, when the adoption took place, an Australian citizen, holder of a permanent visa or New Zealand citizen; and

either:

when the adoption took place, the adoptive parent had been residing overseas for more than 12 months; or

the Minister is satisfied that, because of compelling or compassionate circumstances, subparagraph (i) should not apply to the applicant; and

the Minister is satisfied that the residence overseas by the adoptive parent was not contrived to circumvent the requirements for entry to Australia of children for adoption; and

the adoptive parent has, or the adoptive parent and the adoptive parent’s spouse or de facto partner have, lawfully acquired full and permanent parental rights by the adoption.