Amendment Adoption (subclass 102) and Child (subclass 802) Visa Requirements
2 April 2005 - Legislation change
Client summary
This amendment removes redundant requirements. Previously expatriate Australian parents who adopted a child overseas and lawfully obtained full and permanent parental rights were still required to obtain separate permission from the relevant overseas authority allowing the adopted child to travel to Australia. This permission is no longer required.
Also, Australians who are adopting a child from overseas through their State or Territory adoption authority may now lodge the Adoption visa application once the child has been allocated to them and before adoption proceedings overseas have been finalised. This now allows overseas adoption and visa application processes to run simultaneously.
Technical details
Clause 102.211(2)(e) and clause 802.213(5)(e) which required the permission of the overseas adoption authority have been omitted as they were redundant. Expatriate adoptive parents who have met the requirements of clause 102.211(2)(d) or clause 802.213(5)(d) (i.e. that the adoptive parent/s have lawfully acquired full and permanent parental rights by the adoption), have the right to decide where the child shall live. They therefore now do not require separate permission from the relevant overseas authority allowing the child to depart for Australia.
Changing the time "time of application" criterion for clause 102.211(3)(e) (i.e that a competent overseas authority has approved the departure of the adopted child for adoption in Australia or into the custody of the prospective adoptive parents) to a "time of decision" criterion (new clause 102.227A), now allows for simultaneous processing of both the Adoption visa application and overseas adoption proceedings.
Additional information: Nil.
Transitional arrangements: The changes apply to all subclass 102 and 802 visa applications lodged on or after 2 April 2005.
Forms: A non-essential change to Form 47CH has been made.
Instructions: PAM3 guidelines have been forwarded to Instructions and Legend Section.
Effect on delegations: Nil.
Effect on systems: Nil.