Section 87 — Migration Act 1958 (Cth)

(1) Section 86 does not prevent the grant of a visa to a person who applied for it on the ground that he or she is the spouse, de facto partner or dependent child of:

(a) an Australian citizen; or

(b) the holder of a permanent visa that is in effect; or

(c) a person who is usually resident in Australia and whose continued presence in Australia is not subject to a limitation as to time imposed by law.

(2) For the purposes of this section, a child of a person is a dependent child if the child:

(a) does not have a spouse or de facto partner; and

(b) either:

(i) is under 18; or

(ii) is 18, 19 or 20 and is dependent on the person for:

(A) financial and psychological support; or

(B) physical support.

Related sections

• s 84F — Statement relating to arrival control determination etc. to be laid before Parliament
• s 85 — Limit on visas
• s 86 — Effect of limit
• s 87A — Limit does not prevent the grant of visas to certain people who are unable to meet health or character requirements before the limit applies because of circumstances beyond their control
• s 88 — Limit does not affect processing of applications
• s 89 — Determination of limit not to mean failure to decide

Research how courts apply s 87

BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.