父母移民family balance test 的规定

The balance of the family test in reg.1.05 states as follows:
(1) For the purposes of this regulation:

(a) a person is a child of another person (the parent) if the person is a child or step-child of:

(i) the parent; or

(ii) a current spouse or current de facto partner of the parent; 重组家庭一方带过来的子女,离婚后不计算 and

(b) if the whereabouts of a child of the parent are unknown, the child is taken to be resident in the child’s last known usual country of residence.

(2) For this regulation:

(a) a child of the parent is an eligible child if the child is:

(i) an Australian citizen; or

(ii) an Australian permanent resident usually resident in Australia; or

(iii) an eligible New Zealand citizen usually resident in Australia; and

(b) any other child of the parent is an ineligible child.

(2A) An ineligible child is taken to be resident overseas.

(2B) The overseas country in which an ineligible child is taken to reside is:

(a) the overseas country in which the child is usually resident; or

(b) the last overseas country in which the child was usually resident; or

(c) if the child no longer has a right of return to the country mentioned in paragraph (a) or (b) — the child’s country of citizenship.

(2C) A parent satisfies the balance of family test if the number of eligible children is greater than or equal to the number of ineligible children.

(2D) However, if the greatest number of children who are:

(a) ineligible children; and

(b) usually resident in a particular overseas country;

is less than the number of eligible children, then the parent satisfies the balance of family test.

(3) In applying the balance of family test, no account is to be taken of a child of the parent:

(a) if the child has been removed by court order, by adoption or by operation of law (other than in consequence of marriage) from the exclusive custody of the parent; or

(b) if the child is resident in a country where the child suffers persecution or abuse of human rights and it is not possible to reunite the child and the parent in another country; or

(c) if the child:

(i) is resident in a refugee camp operated by the United Nations High Commissioner for Refugees; and

(ii) is registered by the Commissioner as a refugee.

The definition of “custody” in the regulations states as follows:
custody, in relation to a child, means:

(a) the right to have the daily care and control of the child; and

(b) the right and responsibility to make decisions concerning the daily care and control of the child.

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关于 李博
李博,移民代理,管理学学士,移民法硕士。2003年留学来澳,曾在悉尼大学,国立大学学习法律课程并获得移民代理注册。帮助众多客户处理留学,移民过程中的签证相关问题。善于解决各类移民法律疑难问题。

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