Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:2_2:p67
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 2 cl 2 (pt 67/178)
Character Range: 1591136–1593853

189.1—Interpretation
Note 1: For registered course, relevant assessing authority and skilled occupation: see regulation 1.03.
Note 2: Regulation 1.03 also provides that competent English has the meaning set out in regulation 1.15C.
Note 3: There are no interpretation provisions specific to this Part.
189.2—Primary criteria
Note: The primary criteria for the grant of a Subclass 189 visa include criteria set out in streams.
 For a Subclass 189 visa in the Points‑tested stream, the criteria in Subdivisions 189.21 and 189.22 are the primary criteria.
 For a Subclass 189 visa in the New Zealand stream, the criteria in Subdivisions 189.21 and 189.23 are the primary criteria.
 For a Subclass 189 visa in the Hong Kong stream, the criteria in Subdivisions 189.21 and 189.24 are the primary criteria.
 The primary criteria must be satisfied by at least one member of a family unit. The other members of the family unit who are applicants for a Subclass 189 visa need satisfy only the secondary criteria in Division 189.3.
 All criteria must be satisfied at the time a decision is made on the application.
189.21—Common criteria
Note: These criteria are for all applicants seeking to satisfy the primary criteria for a Subclass 189 visa.

189.211
 (1) The applicant (the primary applicant) satisfies public interest criteria 4001, 4002, 4003, 4003B, 4004, 4020 and 4021.
 (2) If the primary applicant has turned 18 at the time of application, the primary applicant satisfies public interest criterion 4019.
 (3) Each person who is covered by subclause (4), (5) or (6) satisfies public interest criteria 4001, 4002, 4003, 4003B, 4004, 4010 and 4020.
 (4) This subclause covers a person who is a member of the family unit of the primary applicant who is also an applicant for a Subclass 189 visa.
 (5) 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 189 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.
 (6) This subclause covers a person if:
 (a) the person is an applicant for a Subclass 189 visa; and
 (b) the person is a member of the family unit of a person covered by subclause (5).
 (7) Each person:
 (a) who