Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:2_2:p51
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 2 cl 2 (pt 51/178)
Character Range: 1551198–1554087

the applicant or of the primary applicant;
  has experienced family violence committed by the primary applicant; and
 (d) the applicant:
 (i) was in Australia at the time the applicant's visa application was made; or
 (ii) entered Australia after the applicant's visa application was made; and
 (e) the Minister has decided to refuse to grant the primary applicant the visa for reasons including that the primary applicant had engaged in conduct involving family violence (whether or not the family violence was against a person mentioned in paragraph (c)).
 (5) The applicant meets the requirements of this subclause if:
 (a) the applicant is a member of the family unit of a person (the secondary applicant) who meets the requirements of subclause (3) or (4); and
 (b) the applicant has made a combined application with either the secondary applicant or the primary applicant mentioned in subclause (3) or (4) (whichever applies to the secondary applicant); and
 (c) a Subclass 187 visa has since been granted to the secondary applicant.
Note: For special provisions relating to family violence, see Division 1.5.

187.312
  If:
 (a) the applicant meets the requirements of subclause 187.311(2); and
 (b) a nomination mentioned in paragraph 1114C(3)(d) of Schedule 1 is approved in respect of the primary applicant mentioned in subclause 187.311(2);
the nomination includes the applicant.

187.312A
  Either:
 (a) the Minister is satisfied that the applicant has not, in the previous 3 years, engaged in conduct that constitutes a contravention of subsection 245AR(1), 245AS(1), 245AT(1) or 245AU(1) of the Act; or
 (b) both of the following apply:
 (i) the Minister is satisfied that the applicant has engaged in such conduct in that period;
 (ii) the Minister considers that it is reasonable to disregard the conduct.

187.313
 (1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4003B, 4004, 4010, 4020 and 4021.
 (2) If the applicant had turned 18 at the time of application, the applicant satisfies public interest criterion 4019.
 (3) If the applicant has not turned 18, the applicant satisfies public interest criteria 4017 and 4018.
 (4) If:
 (a) the primary applicant mentioned in clause 187.311 in relation to the applicant holds a Subclass 187 visa in the Temporary Residence Transition stream; or
 (b) at the time of the application, the primary applicant mentioned in clause 187.311 in relation to the applicant was seeking to satisfy the primary criteria for the grant of a Subclass 187 visa in the Temporary Residence Transition stream;
the applicant satisfies public interest criterion 4007.
 (5) If subclause (4) does not apply, the applicant satisfies public interest criterion 4005.

187.314
  The applicant satisfies special return criteria 5001, 5002 and 5010.

187.315
 (1) This clause applies if the applicant (the secondary applicant) meets the