Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:2_2:p22
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 2 cl 2 (pt 22/178)
Character Range: 1478931–1481729

applicant nor his or her spouse or de facto partner (if any) has a history of involvement in business activities that are of a nature that is not generally acceptable in Australia.

163.217
  The applicant genuinely has a realistic commitment, after entry to Australia as the holder of a Subclass 163 visa:
 (a) either:
 (i) to establish a qualifying business in Australia; or
 (ii) to participate in an existing qualifying business in Australia; and
 (b) to maintain a substantial ownership interest in that business; and
 (c) to maintain direct and continuous involvement in management of that business from day to day and in making decisions that affect the overall direction and performance of the business in a manner that benefits the Australian economy.

163.218
  The applicant demonstrates that there is a need for the applicant to be temporarily resident in Australia to conduct or establish the proposed business activity.

163.219
  The applicant has signed a declaration that the applicant understands his or her obligations as the holder of a Subclass 163 visa.
163.22—Criteria to be satisfied at time of decision

163.221
  The applicant continues to satisfy the criteria in clauses 163.211, 163.213 and 163.216 to 163.218.

163.222
 (1) The applicant is sponsored by an appropriate regional authority.
 (2) Form 949 is signed by an officer of the authority who is authorised to sign a sponsorship of that kind.

163.223
  The applicant:
 (a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010 and 4020; and
 (b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.

163.224
  If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.

163.225
 (1) Each member of the family unit of the applicant who is an applicant for a Subclass 163 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 163 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.

163.226
  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.

163.227
  The