Document ID: chunk:federal_register_of_legislation:F2025L00183:clause:1_11:p1
Version: federal_register_of_legislation:F2025L00183
Segment Type: clause
Provision Reference: sch 1 cl 11 (pt 1/5)
Character Range: 7184–9937

11  Division 192.2 of Schedule 2
Repeal the Division, substitute:

Division 192.2—Primary criteria
Note: The primary criteria for the grant of a Subclass 192 visa include criteria set out in streams.
 If an applicant applies for a Subclass 192 visa in the Pacific Engagement stream, the criteria in Subdivisions 192.21 and 192.22 are the primary criteria for the grant of the visa.
 If an applicant applies for a Subclass 192 visa in the Treaty stream, the criteria in Subdivisions 192.21 and 192.23 are the primary criteria for the grant of the visa.
 The primary criteria must be satisfied by at least one member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria.
 All criteria must be satisfied at the time a decision is made on the application.

192.21—Common criteria
Note: These criteria are for all applicants seeking to satisfy the primary criteria for a Subclass 192 visa.

192.211
  The applicant has complied substantially with the conditions (the previous visa conditions) that apply or applied to the last of any substantive visas held by the applicant, and to any subsequent bridging visa, unless:
 (a) if condition 8303 was a previous visa condition—the applicant has complied substantially with that condition; and
 (b) the Minister is satisfied that the applicant was unable to comply substantially with the previous visa conditions (other than condition 8303) because of compassionate and compelling circumstances.

192.212
 (1) The applicant (the primary applicant) satisfies public interest criteria 4001, 4002, 4003, 4003B, 4004, 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, 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