Document ID: chunk:federal_register_of_legislation:F2024L01652:clause:1_66
Version: federal_register_of_legislation:F2024L01652
Segment Type: clause
Provision Reference: sch 1 cl 66
Character Range: 85321–87400

66  Clause 836.325 of Schedule 2
Repeal the clause, substitute:

836.325
 (1) The applicant is sponsored:
 (a) by an Australian relative for the applicant, an Australian relative for the primary applicant mentioned in subclause 836.321(2), (3) or (4) or an Australian relative for an applicant who meets the requirements of subclause 836.321(3) or (4), if the relative:
 (i) has turned 18; and
 (ii) is a settled Australian citizen, a settled Australian permanent resident or a settled eligible New Zealand citizen; and
 (iii) is usually resident in Australia; or
 (b) by the spouse or de facto partner of the relative, if the spouse or de facto partner:
 (i) has turned 18; and
 (ii) is a settled Australian citizen, a settled Australian permanent resident or a settled eligible New Zealand citizen; and
 (iii) is usually resident in Australia; and
 (iv) cohabits with the Australian relative.
 (2) The sponsorship is approved by the Minister and is in force.

836.326
 (1) This clause applies if the applicant (the secondary applicant) meets the requirements of subclause 836.321(3) or (4).
 (2) Each member of the family unit of the secondary applicant who is an applicant for a Subclass 836 visa satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009, 4010 and 4020.
 (3) Each member of the family unit of the secondary applicant who is an applicant for a Subclass 836 visa and who has turned 18 at the time of application satisfies public interest criterion 4019.
 (4) Public interest criteria 4015 and 4016 are satisfied in relation to each member of the family unit of the secondary applicant who is an applicant for a Subclass 836 visa and who has not turned 18 at the time of decision.
 (5) Each member of the family unit of the secondary applicant who is not an applicant for a Subclass 836 visa:
 (a) satisfies public interest criteria 4001, 4002, 4003 and 4004; and
 (b) satisfies public interest criterion 4005, unless the Minister is satisfied that it would be unreasonable to require the member to undergo assessment in relation to that criterion.