Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:2_2:p50
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 2 cl 2 (pt 50/178)
Character Range: 1548770–1551460

but is no longer a member of the family unit of the applicant; and
 (b) who is a member of the family unit of an applicant covered by subclause 187.213(5) or (6); and
 (c) who is not an applicant for a Subclass 187 visa;
satisfies public interest criterion 4005 unless it would be unreasonable to require the person to undergo assessment in relation to the criterion.
187.3—Secondary criteria
Note: These criteria are for applicants seeking to satisfy the secondary criteria. All criteria must be satisfied at the time a decision is made on the application.
187.31—Criteria

187.311
 (1) The applicant meets the requirements of subclause (2), (3), (4) or (5).
 (2) The applicant:
 (a) is a member of the family unit of a person (the primary applicant) who holds a Subclass 187 visa granted on the basis of satisfying the primary criteria for the grant of the visa; and
 (b) made a combined application with the primary applicant.
 (3) The applicant meets the requirements of this subclause if:
 (a) at the time of the application, the applicant was the spouse or de facto partner of a person (the primary applicant) seeking to satisfy the primary criteria for the grant of a Subclass 187 visa, and the primary applicant has since been granted that visa; and
 (b) the relationship between the primary applicant and the applicant has ceased; and
 (c) one or more of the following:
 (i) the applicant;
 (ii) a member of the family unit of the applicant who has made a combined application with the applicant or with the primary applicant;
 (iii) a dependent child of 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.
 (4) The applicant meets the requirements of this subclause if:
 (a) at the time of the application, the applicant was the spouse or de facto partner of a person (the primary applicant) seeking to satisfy the primary criteria for the grant of a Subclass 187 visa; and
 (b) the relationship between the primary applicant and the applicant has ceased; and
 (c) one or more of the following:
 (i) the applicant;
 (ii) a member of the family unit of the applicant who has made a combined application with the applicant or with the primary applicant;
 (iii) a dependent child of 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