Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:2_2:p31
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 2 cl 2 (pt 31/40)
Character Range: 2187491–2190369

satisfied at time of decision

852.222
  The applicant:
 (a) satisfies public interest criteria 4001, 4002, 4003 and 4007; and
 (b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.

852.223
  The requirements of paragraphs 2.07AK(3)(d), (e) and (f) continue to be met in relation to the applicant.

852.224
  Each member of the immediate family of the applicant who is an applicant for a Subclass 852 (Referred Stay (Permanent)) visa is a person who:
 (a) satisfies public interest criteria 4001, 4002, 4003 and 4007; and
 (b) if the person had turned 18 at the time of application—satisfies public interest criterion 4019.
852.3—Secondary criteria
Note: These criteria must be satisfied by applicants who are members of the immediate family of a person who satisfies the primary criteria.
852.31—Criteria to be satisfied at time of application

852.311
  The applicant is a member of the immediate family of a person who is taken, under subregulation 2.07AK(2), to have made a valid application for a Referred Stay (Permanent) (Class DH) visa in accordance with subregulation 2.07AK(3).
Note: See regulation 2.07AK for how an application for a Referred Stay (Permanent) (Class DH) visa is taken to have been validly made.

852.312
  The Minister has not decided to grant or refuse to grant a Subclass 852 (Referred Stay (Permanent)) visa to the person mentioned in clause 852.311.
852.32—Criteria to be satisfied at time of decision

852.321
  The applicant:
 (a) satisfies public interest criteria 4001, 4002, 4003 and 4007; and
 (b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.

852.322
  The applicant continues to be a member of the immediate family of the person mentioned in clause 852.311.

852.323
  The person mentioned in clause 852.311 has been granted a Subclass 852 (Referred Stay (Permanent)) visa.

852.324
  If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.
852.4—Circumstances applicable to grant

852.411
  The applicant may be in or outside Australia when the visa is granted.
852.5—When visa is in effect

852.511
  Permanent visa permitting the holder to travel to and enter Australia for a period of 5 years from the date of grant.
852.6—Conditions

852.611
  If the applicant is outside Australia when the visa is granted, first entry must be made before a date specified for this clause by the Minister.

Subclass 858—National Innovation
858.1—Interpretation
Note: There are no interpretation provisions specific to this Part.
858.2—Primary criteria
Note: The primary criteria must be satisfied by at least one member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria.
858.21—Criteria