Document ID: chunk:federal_register_of_legislation:F2024L01652:clause:1_41:p1
Version: federal_register_of_legislation:F2024L01652
Segment Type: clause
Provision Reference: sch 1 cl 41 (pt 1/2)
Character Range: 48084–50666

41  Clause 192.215 of Schedule 2
Repeal the clause, substitute:

192.215
 (1) The applicant (the primary applicant) satisfies public interest criteria 4001, 4002, 4003, 4003B, 4004, 4007, 4010, 4019, 4020 and 4021.
 (2) Each person who is covered by subclause (3), (4) or (5) satisfies public interest criteria 4001, 4002, 4003, 4003B, 4004, 4007, 4010, 4020 and 4021.
 (3) This subclause covers a person who is a member of the family unit of the primary applicant who is also an applicant for a Subclass 192 visa.
 (4) This subclause covers a person (the relevant person) if:
 (a) the relevant person was, at the time of the primary applicant's application, a member of the family unit of the primary applicant; and
 (b) the relevant person is an applicant for a Subclass 192 visa; and
 (c) the Minister is satisfied that one or more of the following has experienced family violence committed by the primary applicant:
 (i) the relevant person;
 (ii) a member of the family unit of the relevant person who has made a combined application with the relevant person or with the primary applicant;
 (iii) a dependent child of the relevant person or of the primary applicant.
Note: For special provisions relating to family violence, see Division 1.5.
 (5) This subclause covers a person if:
 (a) the person was, at the time of the primary applicant's application, a member of the family unit of the primary applicant but is no longer a member of the family unit of the primary applicant; and
 (b) the person is an applicant for a Subclass 192 visa; and
 (c) the person is a member of the family unit of a person covered by subclause (4).
 (6) Each person:
 (a) who either:
 (i) is a member of the family unit of the primary applicant and also an applicant for a Subclass 192 visa; or
 (ii) is covered by subclause (4) or (5); and
 (b) who had turned 18 at the time of the primary applicant's application;
satisfies public interest criterion 4019.
 (7) If a person:
 (a) either:
 (i) is a member of the family unit of the primary applicant and also an applicant for a Subclass 192 visa; or
 (ii) is covered by subclause (4) or (5); and
 (b) has not turned 18;
public interest criteria 4015 and 4016 are satisfied in relation to the person.

192.215A
 (1) Each person:
 (a) who is a member of the family unit of the applicant; and
 (b) who is not an applicant for a Subclass 192 visa;
satisfies public interest criteria 4001, 4002, 4003, 4003B and 4004, and satisfies public interest criterion 4007, unless the Minister is satisfied that it would be unreasonable to require the person to