Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:2_2:p33
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 2 cl 2 (pt 33/40)
Character Range: 2192787–2195436

held that visa for at least 3 years at the time of application unless circumstances specified in an instrument under subclause (2) exist.
 (2) The Minister may, by legislative instrument, specify circumstances for the purposes of subclause (1).
858.22—Criteria to be satisfied at time of decision

858.221
  The applicant:
 (a) satisfies public interest criteria 4001, 4002, 4003, 4003B, 4004, 4007, 4009, 4010 and 4021; and
 (b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.

858.223
 (1) Each person who is covered by subclause (2), (3) or (4) satisfies public interest criteria 4001, 4002, 4003, 4003B, 4004, 4007, 4009 and 4010.
 (2) This subclause covers a person:
 (a) who is a member of the family unit of the applicant (the primary applicant); and
 (b) who is also an applicant for a Subclass 858 visa.
 (3) This subclause covers a person (the relevant person) if:
 (a) the relevant person was, at the time of the primary applicant's application, a member of the family unit of the primary applicant; and
 (b) the relevant person is an applicant for a Subclass 858 visa; and
 (c) the Minister is satisfied that:
 (i) the relevant person; or
 (ii) a member of the family unit of the relevant person who has made a combined application with the relevant person or with the primary applicant; or
 (iii) a dependent child of the relevant person or of the primary applicant;
has experienced family violence committed by the primary applicant.
Note: For special provisions relating to family violence, see Division 1.5.
 (4) This subclause covers a person if:
 (a) the person is an applicant for a Subclass 858 visa; and
 (b) the person is a member of the family unit of a person covered by subclause (3).
 (5) Each person:
 (a) who either:
 (i) is a member of the family unit of the primary applicant and also an applicant for a Subclass 858 visa; or
 (ii) is covered by subclause (3) or (4); and
 (b) who had turned 18 at the time of the primary applicant's application;
satisfies public interest criterion 4019.
 (6) Each person:
 (a) who is a member of the family unit of the primary applicant; and
 (b) who is not an applicant for a Subclass 858 visa;
satisfies public interest criteria 4001, 4002, 4003, 4003B and 4004, and satisfies public interest criterion 4007 unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.
 (7) Each person:
 (a) who was, at the time of the primary applicant's application, a member of the family unit of the primary applicant but is no longer a member of the family unit of