Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:2_2:p43
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 2 cl 2 (pt 43/178)
Character Range: 1531507–1534283

to family violence, see Division 1.5.

186.312A
  Either:
 (a) the Minister is satisfied that the applicant has not, in the previous 3 years, engaged in conduct that constitutes a contravention of subsection 245AR(1), 245AS(1), 245AT(1) or 245AU(1) of the Act; or
 (b) both of the following apply:
 (i) the Minister is satisfied that the applicant has engaged in such conduct in that period;
 (ii) the Minister considers that it is reasonable to disregard the conduct.

186.313
 (1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4003B, 4004, 4010, 4020 and 4021.
 (2) If the applicant had turned 18 at the time of application, the applicant satisfies public interest criterion 4019.
 (3) If the applicant has not turned 18, the applicant satisfies public interest criteria 4017 and 4018.
 (4) If:
 (a) the primary applicant mentioned in clause 186.311 in relation to the applicant holds a Subclass 186 visa in the Temporary Residence Transition stream; or
 (b) at the time of the application, the primary applicant mentioned in clause 186.311 in relation to the applicant was seeking to satisfy the primary criteria for the grant of a Subclass 186 visa in the Temporary Residence Transition stream;
the applicant satisfies public interest criterion 4007.
 (5) If subclause (4) does not apply, the applicant satisfies public interest criterion 4005.

186.314
  The applicant satisfies special return criteria 5001, 5002 and 5010.

186.315
 (1) This clause applies if the applicant (the secondary applicant) meets the requirements of subclause 186.311(4).
 (2) Each member of the family unit of the secondary applicant who is an applicant for a Subclass 186 visa satisfies:
 (a) public interest criteria 4001, 4002, 4003, 4003B, 4004, 4010 and 4020; and
 (b) special return criteria 5001, 5002 and 5010.
 (3) Each member of the family unit of the secondary applicant who is an applicant for a Subclass 186 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 186 visa and who has not turned 18 at the time of application.
 (5) Each member of the family unit of the secondary applicant who is not an applicant for a Subclass 186 visa satisfies public interest criteria 4001, 4002, 4003, 4003B and 4004.

Temporary Residence Transition stream
 (6) If the primary applicant mentioned in clause 186.311 was seeking to satisfy the criteria for a Subclass 186 visa in the Temporary Residence Transition stream at the time of application:
 (a) each member of the family unit of the secondary applicant who is an applicant for a Subclass 186 visa satisfies