Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:2_2:p77
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 2 cl 2 (pt 77/178)
Character Range: 1615667–1618382

family unit of a person who is covered by subclause (5); and
 (c) who is not an applicant for a Subclass 190 visa;
satisfies public interest criteria 4001, 4002, 4003 and 4004, and satisfies public interest criterion 4005 unless it would be unreasonable to require the person to undergo assessment in relation to that criterion.

190.217
 (1) The applicant satisfies special return criteria 5001, 5002 and 5010.
 (2) Each person covered by subclause 190.216(4), (5) or (6) satisfies special return criteria 5001, 5002 and 5010.
190.3—Secondary criteria
Note: These criteria are for applicants seeking to satisfy the secondary criteria. All criteria must be satisfied at the time a decision is made on the application.
190.31—Criteria

190.311
 (1) The applicant meets the requirements of subclause (2), (3), (4) or (5).
 (2) The applicant:
 (a) is a member of the family unit of a person who holds a Subclass 190 visa granted on the basis of satisfying the primary criteria for the grant of the visa; and
 (b) made a combined application with that person.
 (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 190 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:
 (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;
  has experienced family violence committed by 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 partner of a person (the primary applicant) seeking to satisfy the primary criteria for the grant of a Subclass 190 visa; and
 (b) the relationship between the primary applicant and the applicant has ceased; and
 (c) one or more of the following:
 (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;
  has experienced family violence committed by the primary applicant; and
 (d) the applicant:
 (i) was in Australia at