Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:2_2:p163
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 2 cl 2 (pt 163/178)
Character Range: 1833608–1836364

(i) there is a strong likelihood that the applicant will be displaced from that place of residence; and
 (ii) the applicant is in grave fear of his or her personal safety because of the circumstances in which, or reasons why, the applicant may be displaced from that place of residence.
 (3) The applicant meets the requirements of this subclause if the applicant:
 (a) is a member of the immediate family of a holder of a Subclass 449 visa (the visa holder); and
 (b) was a member of the visa holder's immediate family when the visa holder was first granted a Subclass 449 visa.

449.223
  Grant of the visa would not result in either:
 (a) the number of Subclass 449 visas granted in a financial year exceeding the maximum number of Subclass 449 visas, as determined by the Minister by legislative instrument, that may be granted in that financial year; or
 (b) the number of visas of particular classes, including Subclass 449, granted in a financial year exceeding the maximum number of visas of those classes, as determined by the Minister by legislative instrument, that may be granted in that financial year.

449.224
 (1) The applicant satisfies public interest criteria 4002 and 4003A.
 (2) The applicant 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.
449.3—Secondary criteria
Note: These criteria must be satisfied by applicants who are members of the family unit, or members of the immediate family, of a person who satisfies the primary criteria.
449.31—[No criteria to be satisfied at time of application]
449.32—Criteria to be satisfied at time of decision

449.321
  The applicant:
 (a) is a member of the family unit of a person who, having met the requirements of subclause 449.221(2), is the holder of a Subclass 449 visa; or
 (b) is a member of the immediate family of a person who, having met the requirements of subclause 449.221(3), is the holder of a Subclass 449 visa.

449.322
 (1) The applicant satisfies public interest criteria 4002 and 4003A.
 (2) The applicant 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.

449.323
  If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.
449.4—Circumstances applicable to grant

449.411
  If the application is made outside Australia, the applicant must be outside Australia at the time of grant.

449.412
  If the application is made in Australia, the applicant must be in Australia at the time of grant.
449.5—When visa is in effect

449.511
  Temporary visa