Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:2_2:p2
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 2 cl 2 (pt 2/4)
Character Range: 2220489–2223268

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.

864.312
 (1) One of the following applies:
 (a) the sponsorship mentioned in subclause 864.213(2) or (3) of the person who satisfies the primary criteria includes sponsorship of the applicant;
 (b) the person who satisfies the primary criteria, and the applicant, meet the requirements of subclause 864.213(4);
 (c) the applicant is a contributory parent newborn child who was the holder of a Subclass 884 (Contributory Aged Parent (Temporary)) visa at the time of the application and:
 (i) the contributory parent newborn child's parent was granted a Subclass 864 (Contributory Aged Parent) visa on the basis of meeting paragraph 864.222(b); or
 (ii) the person who sponsored the contributory parent newborn child's parent for the Subclass 864 (Contributory Aged Parent) visa died after that visa was granted.
 (2) Subclause (1) does not apply if paragraph 864.311(1)(c) applies to the applicant.
864.32—Criteria to be satisfied at time of decision

864.321
 (1) The applicant meets the requirements of subclause (2), (3), (4) or (5).
 (2) The applicant meets the requirements of this subclause if the applicant:
 (a) is a member of the family unit of a person (the primary applicant) who holds a Subclass 864 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 864 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 has experienced family violence committed by the primary applicant:
 (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; 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