Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:2_2:p29
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 2 cl 2 (pt 29/178)
Character Range: 1496642–1499369

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) if the member had turned 18 at the time of application—satisfies public interest criterion 4019; and
 (b) if the member has previously been in Australia—satisfies special return criteria 5001, 5002 and 5010.
 (2) Each member of the family unit of the applicant who is not an applicant for a Subclass 165 visa:
 (a) satisfies public interest criteria 4001, 4002, 4003, 4004 and 4020; and
 (b) satisfies public interest criterion 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment for that criterion.

165.228
  If a person:
 (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 person.

165.229
  The Minister is satisfied that:
 (a) the applicant is the holder of a valid passport that:
 (i) was issued to the applicant by an official source; and
 (ii) is in the form issued by the official source; or
 (b) it would be unreasonable to require the applicant to be the holder of a passport.
165.3—Secondary criteria
Note: These criteria must be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria.
165.31—Criteria to be satisfied at time of application

165.311
  The applicant is a member of the family unit of a person who:
 (a) satisfies the primary criteria in Subdivision 165.21; or
 (b) holds a Subclass 165 visa.
165.32—Criteria to be satisfied at time of decision

165.321
  The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 165 visa.

165.322
  The applicant:
 (a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010, 4020 and 4021; and
 (b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.

165.323
  If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.

165.324
  If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.
165.4—Circumstances applicable to grant

165.411
 (1) If the applicant:
 (a) satisfies the secondary criteria; and
 (b) holds a student visa at the time of application;
the applicant may be in or outside Australia, but not in immigration clearance, when the visa is granted.
 (2) In any other case, the