Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:2_5:p65
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 2 cl 5 (pt 65/68)
Character Range: 2040574–2043245

as a result, the Minister decides that the applicant satisfies the criteria for the grant of a Subclass 801 visa apart from the criterion that the applicant hold a Subclass 820 visa; or
 (ii) has determined that the applicant satisfies the criteria for the grant of a Subclass 801 visa apart from the criterion that the applicant hold a Subclass 820 visa.

801.223
 (1) The applicant:
 (a) subject to subclause (2)—satisfies public interest criteria 4001, 4002, 4003, 4004, 4007 and 4009; and
 (b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.
 (2) Paragraph (1)(a) does not apply to an applicant who holds a Subclass 820 visa granted on the basis that the applicant satisfied the requirements of subclause 820.211(3), (4) or (5).

801.224
 (1) Each member of the family unit of the applicant who is an applicant for a Subclass 801 visa is a person who:
 (a) subject to subclause (3)—satisfies public interest criteria 4001, 4002, 4003, 4004, 4007 and 4009; and
 (b) if the person had turned 18 at the time of application—satisfies public interest criterion 4019; and
 (c) satisfies public interest criterion 4020.
 (2) Each member of the family unit of the applicant who is not an applicant for a Subclass 801 visa is a person who:
 (a) satisfies public interest criteria 4001, 4002, 4003 and 4004; and
 (b) 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.
 (3) Paragraph (1)(a) does not apply to an applicant who meets the requirements of clause 801.321 as the holder of a Subclass 820 visa granted on the basis that the applicant:
 (a) was the dependent child of a person who met the requirements of subclause 820.211(3), (4) or (5); and
 (b) entered Australia as the holder, as a dependent child, of a visa of the same class as the visa held by that person.

801.225
  If a person (in this clause called the additional applicant):
 (a) is a member of the family unit of the applicant; and
 (b) has not turned 18; and
 (c) made a combined application with the applicant—
public interest criteria 4015 and 4016 are satisfied in relation to the additional applicant.

801.226
  The applicant satisfies public interest criteria 4020 and 4021.
801.3—Secondary criteria
Note: A dependent child, or member of the family unit, of an applicant who satisfies the primary criteria is also eligible for the grant of the visa if the child or member of the family unit satisfies the secondary criteria and his or her application is made before the Minister has decided to grant or refuse to grant