Document ID: chunk:federal_register_of_legislation:F2024L01652:clause:1_64
Version: federal_register_of_legislation:F2024L01652
Segment Type: clause
Provision Reference: sch 1 cl 64
Character Range: 80885–82416

64  Clauses 836.311 and 836.312 of Schedule 2
Repeal the clauses, substitute:

836.311
 (1) The applicant:
 (a) is a member of the family unit of a person (the primary applicant) who:
 (i) has applied for an Other Family (Residence) (Class BU) visa; and
 (ii) on the basis of the information provided in the application, appears to satisfy the criteria in Subdivision 836.21;
  and the Minister has not decided to grant or refuse to grant the visa to that other person; or
 (b) is a member of the family unit of a person covered by subclause (2).
 (2) This subclause covers a person (the relevant person) if:
 (a) the relevant person was, at the time of the relevant person's application for the visa, the spouse or de facto partner of the primary applicant; and
 (b) the relevant person made a combined application with the primary applicant; and
 (c) the relationship between the relevant person and the primary applicant has ceased; and
 (d) one or more of the following has experienced family violence committed by the primary applicant:
 (i) the relevant person;
 (ii) a member of the family unit of the relevant person or the primary applicant;
 (iii) a dependent child of the relevant person or primary applicant.
Note: For special provisions relating to family violence, see Division 1.5.

836.312
 (1) The sponsorship mentioned in clause 836.213 of the person who satisfies the primary criteria includes sponsorship of the applicant.
 (2) Subclause (1) does not apply if paragraph 836.311(1)(b) applies to the applicant.