Document ID: chunk:federal_register_of_legislation:F2024L01652:clause:1_4:p4
Version: federal_register_of_legislation:F2024L01652
Segment Type: clause
Provision Reference: sch 1 cl 4 (pt 4/5)
Character Range: 125619–128401

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) 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 132 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; and
 (e) the Minister has decided to refuse to grant the primary applicant the visa for reasons that the primary applicant does not meet the requirements of clause 132.224 or 132.226; and
 (f) the primary applicant would have met the requirements of the clause had the relationship between the primary applicant and the applicant not ceased.
 (6) 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), (4) or (5); and
 (b) the applicant has made a combined application with the secondary applicant or the primary applicant mentioned in subclause (3), (4) or (5) (whichever applies to the secondary applicant); and
 (c) a Subclass 132 visa has since been granted to the secondary applicant.
Note: For special provisions relating to family violence, see Division 1.5.

132.312
 (1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010, 4020 and 4021.
 (2) If the applicant had turned 18 at the time of application, the applicant satisfies public interest criterion 4019.
 (3) If the applicant has not turned 18, the applicant satisfies public interest criteria 4017 and 4018.

132.313
  The applicant satisfies special return criteria 5001, 5002 and 5010.

132.314
 (1) This clause applies if the applicant (the secondary applicant) meets the requirements of subclause 132.311(3), (4) or (5).
 (2) Each member of the family unit of the secondary applicant who is an applicant for a Subclass 132 visa satisfies:
 (a) public interest criteria 4001, 4002, 4003, 4004, 4005, 4010 and 4020; and
 (b) special return criteria 5001, 5002 and 5010.
 (3) Each member of the family unit of the secondary applicant