Document ID: chunk:federal_register_of_legislation:C2023C00394:clause:2_36
Version: federal_register_of_legislation:C2023C00394
Segment Type: clause
Provision Reference: sch 2 cl 36
Character Range: 85705–86494

36  Clause 866.230 of Schedule 2
Repeal the clause, substitute:

866.230
 (1) If the applicant is a child to whom subregulation 2.08(2) applies, subclause (2) is satisfied.
 (2) The Minister is satisfied that:
 (a) the applicant is a member of the same family unit as an applicant to whom subclause 866.221(2) applies; and
 (b) the applicant to whom subclause 866.221(2) applies has been granted a Subclass 866 (Protection) visa.
Note 1: Subregulation 2.08(2) applies, generally, to a child born to a non‑citizen after the non‑citizen has applied for a visa but before the application is decided.
Note 2: Subclause 866.221(2) applies if the Minister is satisfied that Australia has protection obligations in respect of the applicant as mentioned in paragraph 36(2)(a) or (aa) of the Act.