Document ID: chunk:federal_register_of_legislation:F2024L01652:clause:1_49
Version: federal_register_of_legislation:F2024L01652
Segment Type: clause
Provision Reference: sch 1 cl 49
Character Range: 60293–61576

49  Clause 804.311 of Schedule 2
Repeal the clause, substitute:

804.311
 (1) The applicant:
 (a) is a member of the family unit of a person (the primary applicant) who:
 (i) has applied for an Aged Parent (Residence) (Class BP) visa; and
 (ii) on the basis of the information provided in the application, appears to satisfy the criteria in Subdivision 804.21;
  and the Minister has not decided to grant or refuse to grant the visa to that other person; or
 (b) is a member of the family unit of a person covered by subclause (2).
 (2) This subclause covers a person (the relevant person) if:
 (a) the relevant person was, at the time of the relevant person's application for the visa, the spouse or de facto partner of the primary applicant; and
 (b) the relevant person made a combined application with the primary applicant; and
 (c) the relationship between the relevant person and the primary applicant has ceased; and
 (d) 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 or the primary applicant;
 (iii) a dependent child of the relevant person or primary applicant.
Note: For special provisions relating to family violence, see Division 1.5.