Commonwealth Numbered Regulations

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MIGRATION REGULATIONS (AMENDMENT) 1991 No. 18 - REG 27.

Regulation 108 (Grant of visa or entry permit to certain dependants) 27.1
Omit the regulation, substitute:
Grant of visa or entry permit to family unit members
"108. (1)  In this regulation, `principal person' means a person:
(a) who is;
(i) an applicant for a visa or an entry permit; or
(ii) the holder of:
(A) a valid temporary entry permit; or
(B) an entry visa operating as a temporary entry permit; or
(C) a visa which would permit the applicant to enter Australia on a temporary basis; or
(D) a valid diplomatic visa; and
(b) who is applying for, or holds, the visa or entry permit other than under this regulation.
"(2) This regulation applies to an applicant who is a member of the family unit of a principal person and who applies for a visa or entry permit of the same class as that held, or applied for, by the principal person, where:
(a) the principal person has satisfied the prescribed criteria for the relevant class of visa or entry permit; and
(b) the applicant:
(i) is included in the principal person's application; or
(ii) applies at the same time as the principal person; or
(iii) is lawfully in Australia as a member of the family unit of the principal person; or
(iv) did not accompany the principal person when that person entered Australia and intends to join the principal person as a member of that person's family unit; and
(c) if sponsorship is a prescribed criterion for a visa or entry permit of the class applied for, or held by, the principal person—the applicant is also sponsored; and
(d) if sponsorship is not a prescribed criterion for a visa or entry permit of the class applied for—the principal person produces to the Minister evidence that he or she will have adequate means to support the applicant during the period of validity of the visa or entry permit, having regard to any rights the applicant and principal person may have to work in Australia during that period; and
(e) if the application is for a diplomatic visa—the Minister for Foreign Affairs and Trade has recommended in writing that the visa be granted; and
(f) if the application is for an occupational trainee visa or entry permit:
(i) the Minister for Employment, Education and Training supports the application; and
(ii) the applicant produces to the Minister evidence of adequate arrangements in Australia for health insurance during the validity of the visa or entry permit.
"(3) Subject to subregulations (5) and (6), in spite of any prescribed criteria for a visa or entry permit of the class applied for, or held, by the principal person in relation to an applicant to whom this regulation applies, that applicant is, upon satisfying the criteria prescribed under subregulation (4), entitled to be granted a visa or entry permit of that class.
"(4) The following criteria are prescribed for an application under this regulation for a visa or entry permit, namely, the applicable public interest criteria, the applicable prescribed criteria in relation to health and any other criteria applicable to the applicant.
"(5) Where a member of the family unit of a principal person is entitled to be granted a visa or entry permit under subregulation (3), the visa or entry permit must not be granted unless a visa or entry permit of the same kind has already been granted to the principal person.
"(6) This regulation does not apply if the principal person is:
(a) an applicant for, or the holder of:
(i) a medical treatment visa or entry permit; or
(ii) a domestic worker (diplomatic or consular) visa or entry permit; or
(iii) a domestic worker (overseas executive) visa or entry permit; or
(iv) a student visa or entry permit; or
(v) a working holiday visa or entry permit ; or
(b) the holder of a PRC (temporary) visa or entry permit.".

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