Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:2_2:p10
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 2 cl 2 (pt 10/178)
Character Range: 1448508–1451429

is proved will not prejudice the interests of Australia; and
 (c) there are reasonable grounds for believing that the claim can be proved.

159.214
 (1) This clause applies if paragraph 1216(3A)(a) or (b) of Schedule 1 covers the application.
Note: Paragraphs 1216(3A)(a) and (b) of Schedule 1 cover applications made on the basis of the former migration status under the Immigration Act 1980 (Norfolk Island) of the applicant or a parent of the applicant.
 (2) The application must be made before 1 July 2017, unless the Minister is satisfied that there are compelling reasons for granting the visa.
159.22—Criteria to be satisfied at time of decision

159.221A
  The applicant satisfies:
 (a) clauses 159.221 and 159.222; or
 (b) clause 159.223 (which applies in relation to some former holders of Norfolk Island immigration permits).

159.221
  There is no evidence that the applicant does not satisfy special return criteria 5001, 5002 and 5010.

159.222
  The applicant satisfies public interest criterion 4021.

159.223
 (1) This clause applies if paragraph 1216(3A)(a) or (b) of Schedule 1 covers the application.
 (2) The applicant satisfies special return criteria 5001, 5002 and 5010.
 (3) The applicant satisfies:
 (a) public interest criteria 4001, 4002, 4003, 4004, 4007, 4010, 4014, 4020 and 4021; and
 (b) if the applicant has not turned 18 at the time of the application—public interest criteria 4012, 4017 and 4018; and
 (c) if the applicant has turned 18 at the time of the application—public interest criterion 4019.
 (4) If a person (the additional applicant):
 (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 additional applicant.
159.3—Secondary criteria
Note: These criteria must be satisfied by applicants whose application is covered by paragraph 1216(3A)(c) of Schedule 1.
159.31—Criteria to be satisfied at time of application

159.311
  The following requirements are met:
 (a) the applicant was born in Australia on or after 1 July 2016;
 (b) the applicant is a dependent child of another applicant (the parent applicant);
 (c) paragraph 1216(3A)(a) or (b) of Schedule 1 covers the parent applicant's application;
 (d) the applicant made a combined application with the parent applicant.
159.32—Criteria to be satisfied at time of decision

159.321
 (1) The parent applicant mentioned in paragraph 159.311(b) is granted a Subclass 159 visa on the basis of satisfying clause 159.214.
 (2) The applicant satisfies public interest criteria 4007, 4010, 4012, 4014, 4017, 4018, 4020 and 4021.
159.4—Circumstances applicable to grant

159.411A
  The applicant satisfies clause 159.411 or 159.412 (which applies in relation to some former holders of Norfolk Island immigration permits).

159.411
  The applicant must be outside Australia