Changing references from "the applicant" to "the person" in Public Interest Criteria (PIC) 4001

9 November 2009 Legislation Change

Client summary

From 9 November 2009, the Migration Regulations 1994 ('the Regulations') are amended to align the language in Schedule 2 to that of Schedule 4 to elucidate that the criteria enunciated in PIC 4001 applies to sponsors of visa applicants and non-applicant family members, as well as to visa applicants.

According to Schedule 2, persons who are members of the family unit or who are sponsors of an applicant of certain visa subclasses, but who are not themselves applicants, must satisfy PIC 4001.  However the wording of PIC 4001 (in Schedule 4), referred solely to "the applicant", and accordingly could not be applied to situations where sponsors or non-applicant family members are required to be assessed under PIC 4001 in an application. PIC 4001 has accordingly been amended to omit each mention of "the applicant" from clause 4001 of Schedule 4 to the Regulations and inserts "the person" in its place.

Affected legislation

The following provisions of the Regulations are amended:

• Schedule 4, Regulation 1.03 – Public Interest Criteria 4001.

Additional information

N/A

Transitional provisions

The amendment will apply to any new visa applications made on or after the commencement date.

Forms

N/A

Instructions

PAM3: PAM3 will be amended to reflect these changes by 9 November 2009.