Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:2_2:p34
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 2 cl 2 (pt 34/40)
Character Range: 2195221–2197900

in relation to that criterion.
 (7) Each person:
 (a) who was, at the time of the primary applicant's application, a member of the family unit of the primary applicant but is no longer a member of the family unit of the primary applicant; and
 (b) who is a member of the family unit of a person who is covered by subclause (3); and
 (c) who is not an applicant for a Subclass 858 visa;
satisfies public interest criteria 4001, 4002, 4003, 4003B and 4004, and 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.

858.224
  If a person:
 (a) either:
 (i) is a member of the family unit of the primary applicant and also an applicant for a Subclass 858 visa; or
 (ii) is covered by subclause 858.223(3) or (4); and
 (b) has not turned 18;
public interest criteria 4015 and 4016 are satisfied in relation to the person.

858.225
  If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

858.227
  Unless the applicant meets the requirements of subclause 858.212(4):
 (a) the applicant satisfies public interest criteria 4020; and
 (b) each person covered by subclause 858.223(2), (3) or (4) satisfies public interest criterion 4020.

858.228
 (1) The applicant satisfies special return criteria 5001, 5002 and 5010.
 (2) Each person covered by subclause 858.223(2), (3) or (4) satisfies special return criteria 5001, 5002 and 5010.
858.3—Secondary criteria
Note 1: These criteria are for applicants seeking to satisfy the secondary criteria.
Note 2: Whether a person is a member of the family unit of an applicant for a National Innovation (Class BX) visa who has not turned 18 is worked out under subregulation 1.12(2) or (7). Only subregulation 1.12(2) is relevant if the applicant has turned 18.
858.31—Criteria to be satisfied at time of application

858.311
  The applicant is a member of the family unit of a person who:
 (a) has applied for a National Innovation (Class BX) visa; and
 (b) on the basis of the information provided in his or her application, appears to satisfy the criteria in Subdivision 858.21;
and the Minister has not decided to grant or refuse to grant the visa to that other person.
858.32—Criteria to be satisfied at time of decision

858.321
 (1) The applicant meets the requirements of subclause (2), (3), (3A) or (4).
 (2) The applicant meets the requirement of this subclause if the applicant is a member of the family unit of a person (the primary applicant) who holds a Subclass 858 visa granted on the basis of satisfying the primary criteria for the grant