Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:2_2:p28
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 2 cl 2 (pt 28/178)
Character Range: 1494110–1496873

or participate in business or investment activity that the appropriate regional authority has determined is of exceptional economic benefit to the State or Territory where the authority is located.

165.215
  Neither the applicant nor his or her spouse or de facto partner (if any) has a history of involvement in business or investment activities that are of a nature that is not generally acceptable in Australia.

165.216
  The applicant genuinely has a realistic commitment, after entry to Australia as the holder of a Subclass 165 visa, to continue to maintain business or investment activity in Australia after the designated investment made by the applicant, or by the applicant and his or her spouse or de facto partner, has matured.

165.217
  The applicant has signed a declaration that the applicant understands his or her obligations as the holder of a Subclass 165 visa.
165.22—Criteria to be satisfied at time of decision

165.221
  The applicant continues to satisfy the criteria in clauses 165.211, 165.213, 165.215 and 165.216.

165.222
 (1) The applicant has made a designated investment of an amount of AUD750 000, in the name of the applicant or in the names of the applicant and his or her spouse or de facto partner, in the State or Territory in which the appropriate regional authority that sponsored the applicant is located.
 (2) The Minister is satisfied that the funds mentioned in subclause (1) were:
 (a) legally owned by:
 (i) the applicant; or
 (ii) the applicant's spouse or de facto partner, or
 (iii) the applicant and his or her spouse or de facto partner together; and
 (b) unencumbered; and
 (c) accumulated from the qualifying business or eligible investment activities of:
 (i) the applicant; or
 (ii) the applicant's spouse or de facto partner; or
 (iii) the applicant and his or her spouse or de facto partner together.

165.223
 (1) The applicant is sponsored by an appropriate regional authority.
 (2) Form 949 is signed by an officer of the authority who is authorised to sign a sponsorship of that kind.

165.224
  The applicant has a genuine intention to reside, for at least 2 years, in the State or Territory where he or she has lodged the designated investment.

165.225
  The applicant:
 (a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010 and 4020; and
 (b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.

165.226
  If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.

165.227
 (1) Each member of the family unit of the applicant who is an applicant for a Subclass 165 visa:
 (a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010 and 4020; and
 (aa)