Document ID: chunk:federal_register_of_legislation:F2024L01652:clause:1_70
Version: federal_register_of_legislation:F2024L01652
Segment Type: clause
Provision Reference: sch 1 cl 70
Character Range: 94070–95631

70  Clause 864.311 of Schedule 2
Repeal the clause, substitute:

864.311
 (1) One of the following applies:
 (a) the applicant is a member of the family unit of, and made a combined application with, a person (the primary applicant) who satisfies the primary criteria in Subdivision 864.21;
 (b) both of the following apply:
 (i) the applicant is a member of the family unit of a person (the other applicant) who:
 (A) has applied for a Contributory Aged Parent (Residence) (Class DG) visa; and
 (B) on the basis of the information provided in their application, appears to satisfy the primary criteria in Subdivision 864.21;
 (ii) the Minister has not decided to grant or refuse to grant the visa to the other applicant;
 (c) the applicant 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.