Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:2_2:p106
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 2 cl 2 (pt 106/178)
Character Range: 1689261–1692068

consideration to granting the applicant a permanent visa, having regard to:
 (a) in the case of an applicant who met the requirements of subclause 204.211(2) at the time of application—the extent of the applicant's connection with Australia; or
 (b) in any other case—the following:
 (i) the degree of persecution to which the applicant is subject in the applicant's home country; and
 (ii) the extent of the applicant's connection with Australia; and
 (iii) whether or not there is any suitable country available, other than Australia, that can provide for the applicant's settlement and protection from persecution; and
 (iv) the capacity of the Australian community to provide for the permanent settlement of persons such as the applicant in Australia.

204.225
  Grant of the visa would not result in either:
 (a) the number of Subclass 204 visas granted in a financial year exceeding the maximum number of Subclass 204 visas, as determined by the Minister by legislative instrument, that may be granted in that financial year; or
 (b) the number of visas of particular classes, including Subclass 204 granted in a financial year exceeding the maximum number of visas of those classes, as determined by the Minister by legislative instrument, that may be granted in that financial year.

204.226
  The applicant:
 (a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009 and 4010; and
 (b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.

204.227
  If the applicant has previously been in Australia, the applicant satisfies special return criterion 5001.

204.228
  If a person (in this clause called 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.

204.229
 (1) Each member of the family unit of the applicant who is an applicant for a Subclass 204 visa is a person who:
 (a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009 and 4010; and
 (aa) if the person had turned 18 at the time of application, satisfies public interest criterion 4019; and
 (b) if the person has previously been in Australia, satisfies special return criterion 5001.
 (2) Each member of the family unit of the applicant who is not an applicant for a Subclass 204 visa is a person who:
 (a) satisfies public interest criteria 4001, 4002, 4003 and 4004; and
 (b) satisfies public interest criterion 4007, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.
204.3—Secondary criteria
Note: These criteria must be satisfied by applicants who are