Document ID: chunk:federal_register_of_legislation:F2024L01286:clause:1_47
Version: federal_register_of_legislation:F2024L01286
Segment Type: clause
Provision Reference: sch 1 cl 47
Character Range: 36459–37409

47  Subclauses 189.312(4) and (5) of Schedule 2
Repeal the subclauses, substitute:
 (4) If:
 (a) the primary applicant mentioned in clause 189.311 in relation to the applicant holds a Subclass 189 visa in the Points‑tested stream; or
 (b) at the time of the application, the primary applicant mentioned in clause 189.311 in relation to the applicant was seeking to satisfy the primary criteria for the grant of a Subclass 189 visa in the Points‑tested stream;
the applicant satisfies public interest criteria 4005 and 4010.
 (5) If:
 (a) the primary applicant mentioned in clause 189.311 in relation to the applicant holds a Subclass 189 visa in the Hong Kong stream; or
 (b) at the time of the application, the primary applicant mentioned in clause 189.311 in relation to the applicant was seeking to satisfy the primary criteria for the grant of a Subclass 189 visa in the Hong Kong stream;
the applicant satisfies public interest criterion 4007.