Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:2_2:p113
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 2 cl 2 (pt 113/178)
Character Range: 1706990–1709723

Department, to each applicant included in the sponsorship, of any conviction of the sponsor for a relevant offence (within the meaning of subregulation 1.20KC(2)).
Note: The sponsor may be asked to consent to such disclosure on the approved form required to be completed by the sponsor in relation to the visa application.
 (3) For the purposes of subclause (2), the conviction of the sponsor for a relevant offence is to be disregarded if:
 (a) the conviction has been quashed or otherwise nullified; or
 (b) both:
 (i) the sponsor has been pardoned in relation to the conviction; and
 (ii) the effect of that pardon is that the sponsor is taken never to have been convicted of the offence.
 (4) This clause does not apply in relation to an applicant who meets the requirements of subclause 309.221(2) or (3).

309.223
  In the case of an applicant who meets the requirements of subclause 309.211(2), either:
 (a) the applicant continues to be the spouse or de facto partner of the person referred to in paragraph 309.211(2)(a), (b) or (c) who was the applicant's spouse or de facto partner at the time of the application; or
 (b) paragraph 309.221(1)(b) applies.

309.224
  If the applicant is an applicant referred to in subclause 309.211(3), either:
 (a) the marriage referred to in that subclause has taken place and the applicant continues to be the spouse of the intended spouse; or
 (b) both of the following:
 (i) paragraph 309.221(1)(b) applies;
 (ii) before the intended spouse died, or before the relationship between the applicant and the intended spouse ceased, the applicant was the spouse or de facto partner of the intended spouse.

309.225
  The applicant:
 (a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009, 4020 and 4021; and
 (b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.

309.226
  If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.

309.228
 (1) Each member of the family unit of, and each person who is dependent on, the applicant who is an applicant for a Subclass 309 visa is a person who:
 (a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009 and 4020; and
 (aa) if the person had turned 18 at the time of application, satisfies public interest criterion 4019; and
 (b) if the person has previously been in Australia, satisfies special return criteria 5001 and 5002.
 (2) Each member of the family unit of the applicant who is not an applicant for a Subclass 309 visa is a person who:
 (a) satisfies public interest criteria 4001, 4002, 4003 and 4004; and
 (b) satisfies public interest criterion 4007, unless the Minister is satisfied that