Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:2_2:p49
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 2 cl 2 (pt 49/178)
Character Range: 1546283–1548969

to disregard any adverse information known to Immigration about the person who made the nomination or a person associated with that person.
 (5) The position is still available to the applicant.
 (6) The application for the visa is made no more than 6 months after the Minister approved the nomination.

187.234
  At the time of application:
 (a) the applicant was a person in a class of persons specified by the Minister in an instrument in writing for this paragraph; or
 (b) all of the following requirements were met:
 (i) the applicant's occupation is specified by the Minister in an instrument in writing for this subparagraph;
 (ii) the applicant did not obtain the necessary qualification in Australia;
 (iii) the applicant's skills had been assessed as suitable for the occupation by an assessing authority specified by the Minister in the instrument for subparagraph (i) as the assessing authority for the occupation;
 (iv) the assessment was not for a Subclass 485 (Temporary Graduate) visa;
 (v) if the assessment specified a period during which the assessment was valid, and the period did not end more than 3 years after the date of the assessment—the period had not ended;
 (vi) if subparagraph (v) did not apply—not more than 3 years had passed since the date of the assessment;
 (vii) the applicant has been employed in the occupation for at least 3 years on a full‑time basis and at the level of skill required for the occupation; or
 (c) all of the following requirements were met:
 (i) the applicant's occupation was not specified by the Minister in an instrument in writing for subparagraph (b)(i), or the applicant obtained the necessary qualification in Australia;
 (ii) the applicant had the qualifications listed in ANZSCO as being necessary to perform the tasks of the occupation;
 (iii) the applicant has been employed in the occupation for at least 3 years on a full‑time basis and at the level of skill required for the occupation.

187.235
 (1) The applicant satisfies public interest criterion 4005.
 (2) Each person covered by subclause 187.213(4), (5) or (6) satisfies public interest criterion 4005.
 (3) Each member of the family unit of the applicant who is not an applicant for a Subclass 187 visa satisfies public interest criterion 4005 unless it would be unreasonable to require the member to undergo assessment in relation to the criterion.
 (4) Each person:
 (a) who was, at the time of application, a member of the family unit of the applicant but is no longer a member of the family unit of the applicant; and
 (b) who is a member of the family unit of an applicant covered by subclause 187.213(5) or (6); and
 (c) who is not an applicant for