Document ID: chunk:federal_register_of_legislation:F2024L01286:clause:1_49
Version: federal_register_of_legislation:F2024L01286
Segment Type: clause
Provision Reference: sch 1 cl 49
Character Range: 38803–41103

49  At the end of Division 189.3 of Schedule 2
Add:

189.314
 (1) This clause applies if the applicant (the secondary applicant) meets the requirements of subclause 189.311(4).
 (2) Each member of the family unit of the secondary applicant who is an applicant for a Subclass 189 visa satisfies:
 (a) public interest criteria 4001, 4002, 4003, 4003B, 4004 and 4020; and
 (b) special return criteria 5001 and 5002.
 (3) Each member of the family unit of the secondary applicant who is an applicant for a Subclass 189 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 189 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 189 visa satisfies public interest criteria 4001, 4002, 4003, 4003B and 4004.

Points Tested stream
 (6) If the primary applicant mentioned in clause 189.311 was seeking to satisfy the criteria for a Subclass 189 visa in the Points Tested stream at the time of application:
 (a) each member of the family unit of the secondary applicant who is an applicant for a Subclass 189 visa satisfies public interest criteria 4005 and 4010 and special return criterion 5010; and
 (b) each member of the family unit of the secondary applicant who is not an applicant for a Subclass 189 visa satisfies public interest criterion 4007 unless it would be unreasonable to require the member to undergo assessment in relation to the criterion.

Hong Kong stream
 (7) If the primary applicant mentioned in clause 189.311 was seeking to satisfy the criteria for a Subclass 189 visa in the Hong Kong stream at the time of application:
 (a) each member of the family unit of the secondary applicant who is an applicant for a Subclass 189 visa satisfies public interest criterion 4007; and
 (b) each member of the family unit of the secondary applicant who is not an applicant for a Subclass 189 visa satisfies public interest criterion 4007 unless the Minister is satisfied that it would be unreasonable to require the member to undergo assessment in relation to the criterion.