r 1.12 — Member of the family unit — Migration Regulations 1994
Text of provision
1.12 Member of the family unit
Scope
(1) This regulation has effect for the purposes of the definition (the main definition) of member of the family unit in subsection 5(1) of the Act.
General rule
(2) A person is a member of the family unit of another person (the family head) if the person:
(a) is a spouse or de facto partner of the family head; or
(b) is a child or step-child of the family head or of a spouse or de facto partner of the family head (other than a child or step-child who is engaged to be married or has a spouse or de facto partner) and:
(i) has not turned 18; or
(ii) has turned 18, but has not turned 23, and is dependent on the family head or on the spouse or de facto partner of the family head; or
(iii) has turned 23 and is under paragraph 1.05A(1)(b) dependent on the family head or on the spouse or de facto partner of the family head; or
(c) is a dependent child of a person who meets the conditions in paragraph (b).
This subregulation has effect subject to the later subregulations of this regulation.
Protection, refugee and humanitarian visas
(3) Subregulation (4) has effect for the purposes of the main definition so far as it is relevant to a provision of the Act or these Regulations applying in relation to any of the following visas: a Protection (Class XA) visa; a Refugee and Humanitarian (Class XB) visa; a Temporary Protection (Class XD) visa; a Safe Haven Enterprise (Class XE) visa; a Resolution of Status (Class CD) visa; a Temporary Safe Haven (Class UJ) visa; a Temporary (Humanitarian Concern) (Class UO) visa; a Territorial Asylum (Residence) (Class BE) visa.
(4) A person is a member of the family unit of another person (the family head) if the person is:
(a) a spouse or de facto partner of the family head; or
(b) a dependent child of: (i) the family head; or (ii) a spouse or de facto partner of the family head; or
(c) a dependent child of a dependent child of: (i) the family head; or (ii) a spouse or de facto partner of the family head; or
(d) a relative, of the family head or of a spouse or de facto partner of the family head, who: (i) does not have a spouse or de facto partner; and (ii) is usually resident in the family head's household; and (iii) is dependent on the family head.