Document ID: chunk:federal_register_of_legislation:F2024L01652:clause:1_17
Version: federal_register_of_legislation:F2024L01652
Segment Type: clause
Provision Reference: sch 1 cl 17
Character Range: 15848–17249

17  Clauses 115.311 and 115.312 of Schedule 2
Repeal the clauses, substitute:

115.311
 (1) The applicant:
 (a) is a member of the family unit of, and made a combined application with, a person (the primary applicant) who satisfies the primary criteria in Subdivision 115.21; or
 (b) is a member of the family unit of a person covered by subclause (2).
 (2) This subclause covers a person (the relevant person) if:
 (a) the relevant person was, at the time of the relevant person's application for the visa, the spouse or de facto partner of the primary applicant; and
 (b) the relevant person made a combined application with the primary applicant; and
 (c) the relationship between the relevant person and the primary applicant has ceased; and
 (d) one or more of the following has experienced family violence committed by the primary applicant:
 (i) the relevant person;
 (ii) a member of the family unit of the relevant person or the primary applicant;
 (iii) a dependent child of the relevant person or primary applicant.
Note: For special provisions relating to family violence, see Division 1.5.

115.312
 (1) A sponsorship of the kind mentioned in clause 115.212 of the person who satisfies the primary criteria, approved by the Minister:
 (a) is in force; and
 (b) includes sponsorship of the applicant.
 (2) Subclause (1) does not apply if paragraph 115.311(1)(b) applies to the applicant.