Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:2_2:p114
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 2 cl 2 (pt 114/178)
Character Range: 1709486–1712245

of the applicant who is not an applicant for a Subclass 309 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.

309.229
  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.
309.3—Secondary criteria
Note: These criteria must be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria.
309.31—Criteria to be satisfied at time of application

309.311
  The applicant is a member of the family unit of, and made a combined application with, a person who satisfies the primary criteria in Subdivision 309.21.

309.312
  The sponsorship referred to in clause 309.213 of the person who satisfies the primary criteria includes sponsorship of the applicant.
309.32—Criteria to be satisfied at time of decision

309.321
 (1) The applicant meets the requirements of subclause (2) or (3).
 (2) The applicant:
 (a) continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 309 (Partner (Provisional)) visa (the person who satisfies the primary criteria); or
 (b) is a person to whom each of the following applies:
 (i) the person made a combined application with the person who satisfies the primary criteria;
 (ii) subsequent to the combined application being made, the person was found by the Minister not to be a member of the family unit of the person who satisfies the primary criteria;
 (iii) subsequent to the person who satisfies the primary criteria being granted a Subclass 309 (Partner (Provisional)) visa and Subclass 100 (Partner) visa—the ART found the person to be a member of the family unit of the person who satisfies the primary criteria.
 (3) If:
 (a) the applicant made a combined application with a person (the primary person):
 (i) who, having satisfied the primary criteria in Subdivision 309.21, is the holder of a Subclass 309 (Partner (Provisional)) visa; or
 (ii) who has subsequently been granted a Subclass 100 (Partner) visa; and
 (b) both of the following apply in relation to the sponsor of the primary person:
 (i) the sponsor has at any time been an unauthorised maritime arrival;
 (ii) the sponsor was an Australian permanent resident at the time the combined application was made;
the applicant is dependent on the primary person.

309.322
 (1)