Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:2_2:p3
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 2 cl 2 (pt 3/4)
Character Range: 2223024–2225775

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 864 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 Minister has decided to refuse to grant the primary applicant the visa for reasons including that the primary applicant had engaged in conduct involving family violence (whether or not the family violence was against a person mentioned in paragraph (c)).
 (5) The applicant meets the requirements of this subclause if:
 (a) the applicant is a member of the family unit of a person (the secondary applicant) who meets the requirements of subclause (3) or (4); and
 (b) the applicant has made a combined application with the secondary applicant or the primary applicant mentioned in subclause (3) or (4) (whichever applies to the secondary applicant); and
 (c) a Subclass 864 visa has since been granted to the secondary applicant.
Note: For special provisions relating to family violence, see Division 1.5.

864.322
 (1) One of the following applies:
 (a) the sponsorship, mentioned in paragraph 864.222(a), that includes sponsorship of the applicant:
 (i) has been approved by the Minister in relation to the applicant; and
 (ii) is still in force in relation to the applicant;
 (aa) the applicant is sponsored in accordance with subclause (2) and the sponsorship has been approved by the Minister and is in force;
 (b) the person who satisfied the primary criteria at the time of decision met the requirements of paragraph 864.222(b) at the time of decision, and the applicant meets those requirements at the time of decision;
 (c) the applicant is a contributory parent newborn child who meets the requirements of paragraph 864.312(1)(c).
 (2) The applicant is sponsored:
 (a) by a child of the primary applicant mentioned in subclause 864.321(2), (3) or (4), if the child:
 (i) has turned 18; and
 (ii) is a settled Australian citizen, a settled Australian permanent resident or a settled eligible New Zealand citizen; or
 (b) by the child's cohabiting spouse or de facto partner, if the spouse or de facto partner:
 (i) has turned 18; and
 (ii) is