Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:2_2:p78
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 2 cl 2 (pt 78/178)
Character Range: 1618122–1620924

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; and
 (e) 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 either the secondary applicant or the primary applicant mentioned in subclause (3) or (4) (whichever applies to the secondary applicant); and
 (c) a Subclass 190 visa has since been granted to the secondary applicant.
Note: For special provisions relating to family violence, see Division 1.5.

190.312
 (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.

190.313
  The applicant satisfies special return criteria 5001, 5002 and 5010.

190.314
 (1) This clause applies if the applicant (the secondary applicant) meets the requirements of subclause 190.311(4).
 (2) Each member of the family unit of the secondary applicant who is an applicant for a Subclass 190 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 who is an applicant for a Subclass 190 visa and who has turned 18 at the time of application satisfies public interest criterion 4019.
 (4) Public interest criteria 4015 and 4016 are satisfied in relation to each member of the family unit of the secondary applicant who is an applicant for a Subclass 190 visa and who has not turned 18 at the time of application.
 (5) Each member of the family unit of the secondary applicant who is not an applicant for a Subclass 190 visa:
 (a) satisfies public interest criteria 4001, 4002, 4003 and 4004; and
 (b) satisfies public interest criterion 4005 unless it would be unreasonable to require the member to undergo assessment in relation to that criterion.
190.4—Circumstances applicable to