Document ID: chunk:federal_register_of_legislation:F2024L01286:clause:1_48
Version: federal_register_of_legislation:F2024L01286
Segment Type: clause
Provision Reference: sch 1 cl 48
Character Range: 37409–38803

48  Clause 189.313 of Schedule 2
Repeal the clause, substitute:

189.313
 (1) 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 special return criteria 5001, 5002 and 5010.
 (2) 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 special return criteria 5001, 5002 and 5010.
 (3) If:
 (a) the primary applicant mentioned in clause 189.311 in relation to the applicant holds a Subclass 189 visa in the New Zealand 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 New Zealand stream;
the applicant satisfies special return criteria 5001 and 5002.