Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:2_2:p26
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 2 cl 2 (pt 26/40)
Character Range: 2174902–2177668

satisfies:
 (a) public interest criteria 4001, 4002, 4003 and 4004; and
 (b) public interest criterion 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.

838.225
  If a person (in this clause called the additional applicant):
 (a) is a member of the family unit of the applicant; and
 (b) has not turned 18; and
 (c) made a combined application with the applicant—
public interest criteria 4015 and 4016 are satisfied in relation to the additional applicant.

838.226
  If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

838.227
  The sponsorship mentioned in clause 838.213 has been approved by the Minister and is still in force.
838.3—Secondary criteria
Note: If any member of a family unit satisfies the primary criteria, the other members of the family unit are eligible for the grant of the visa if they satisfy the secondary criteria and their applications are made before the Minister has decided to grant or refuse to grant the visa to the first person.
838.31—Criteria to be satisfied at time of application

838.311
  The applicant is a member of the family unit of a person who:
 (a) has applied for an Other Family (Residence) (Class BU) visa; and
 (b) on the basis of the information provided in his or her application, appears to satisfy the criteria in Subdivision 838.21;
and the Minister has not decided to grant or refuse to grant the visa to that other person.

838.312
  The sponsorship mentioned in clause 838.213 of the person who satisfies the primary criteria includes sponsorship of the applicant.
838.32—Criteria to be satisfied at time of decision

838.321
  The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 838 visa.

838.322
  The applicant:
 (a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009, 4010, 4020 and 4021; and
 (b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.

838.323
  The Minister is satisfied that:
 (a) the applicant is included in the assurance of support given in relation to the person who satisfies the primary criteria, and that assurance has been accepted by the Secretary of Social Services; or
 (b) an assurance of support in relation to the applicant has been accepted by the Secretary of Social Services.

838.324
  If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

838.325
  The sponsorship mentioned in clause 838.312 has been approved by the Minister and is still in force.
838.4—Circumstances applicable