Document ID: chunk:federal_register_of_legislation:F2024L01286:clause:1_75
Version: federal_register_of_legislation:F2024L01286
Segment Type: clause
Provision Reference: sch 1 cl 75
Character Range: 64536–66971

75  Clauses 887.225 and 887.226 of Schedule 2
Repeal the clauses, substitute:

887.225
 (1) Each person who is covered by subclause (2), (3) or (4):
 (a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4010 and 4020; and
 (b) if the person had turned 18 at the time of application—satisfies public interest criterion 4019; and
 (c) satisfies special return criteria 5001, 5002 and 5010.
 (2) This subclause covers a person:
 (a) who is a member of the family unit of the applicant (the primary applicant); and
 (b) who is also an applicant for a Subclass 887 visa.
 (3) 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 887 visa; and
 (c) the Minister is satisfied that:
 (i) the relevant person; or
 (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; or
 (iii) a dependent child of the relevant person or of the primary applicant;
has experienced family violence committed by the primary applicant.
Note: For special provisions relating to family violence, see Division 1.5.
 (4) This subclause covers a person if:
 (a) the person is an applicant for a Subclass 887 visa; and
 (b) the person is a member of the family unit of a person covered by subclause (3).

887.226
 (1) Each person:
 (a) who is a member of the family unit of the applicant; and
 (b) who is not an applicant for a Subclass 887 visa;
satisfies public interest criteria 4001, 4002, 4003 and 4004, and satisfies public interest criterion 4007 unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.
 (2) Each person:
 (a) who was, at the time of application, a member of the family unit of the applicant but is no longer a member of the family unit of the applicant; and
 (b) who is a member of the family unit of a person covered by subclause 887.225(3) or (4); and
 (c) who is not an applicant for a Subclass 887 visa;
satisfies public interest criteria 4001, 4002, 4003 and 4004, and satisfies public interest criterion 4007 unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.