Document ID: chunk:federal_register_of_legislation:F2024L01652:clause:1_23
Version: federal_register_of_legislation:F2024L01652
Segment Type: clause
Provision Reference: sch 1 cl 23
Character Range: 25213–26551

23  Clauses 116.311 and 116.312 of Schedule 2
Repeal the clauses, substitute:

116.311
 (1) The applicant:
 (a) is a member of the family unit of, and made a combined application with, a person (the primary applicant) who satisfies the primary criteria in Subdivision 116.21;or
 (b) is a member of the family unit of a person covered by subclause (2).
 (2) This subclause covers a person (the relevant person) if:
 (a) the relevant person was, at the time of the relevant person's application for the visa, the spouse or de facto partner of the primary applicant; and
 (b) the relevant person made a combined application with the primary applicant; and
 (c) the relationship between the relevant person and the primary applicant has ceased; and
 (d) one or more of the following has experienced family violence committed by the primary applicant:
 (i) the relevant person;
 (ii) a member of the family unit of the relevant person or the primary applicant;
 (iii) a dependent child of the relevant person or primary applicant.
Note: For special provisions relating to family violence, see Division 1.5.

116.312
 (1) The sponsorship referred to in clause 116.212 of the person who satisfies the primary criteria includes sponsorship of the applicant.
 (2) Subclause (1) does not apply if paragraph 116.311(1)(b) applies to the applicant.