Migration Regulations 1994

The applicant meets the requirements of subclause (2), (3), (4) or (5).

The applicant meets the requirements of this subclause if the applicant:

is the member of the family unit of a person (the primary applicant) who holds a Subclass 103 visa granted on the basis of satisfying the primary criteria for the grant of the visa; and

made a combined application with the primary applicant.

The applicant meets the requirements of this subclause if:

at the time of the application, the applicant was the spouse or de facto partner of a person (the primary applicant) seeking to satisfy the primary criteria for the grant of a Subclass 103 visa, and the primary applicant has since been granted that visa; and

the relationship between the primary applicant and the applicant has ceased; and

one or more of the following has experienced family violence committed by the primary applicant:

the applicant;

a member of the family unit of the applicant who has made a combined application with the applicant or with the primary applicant;

a dependent child of the applicant or of the primary applicant; and

the applicant entered Australia after the applicant’s visa application was made.

The applicant meets the requirements of this subclause if:

at the time of the application, the applicant was the spouse or de facto partner of a person (the primary applicant) seeking to satisfy the primary criteria for the grant of a Subclass 103 visa; and

the relationship between the primary applicant and the applicant has ceased; and

one or more of the following has experienced family violence committed by the primary applicant:

the applicant;

a member of the family unit of the applicant who has made a combined application with the applicant or with the primary applicant;

a dependent child of the applicant or of the primary applicant; and

the applicant entered Australia after the applicant’s visa application was made; and

the Minister has decided to refuse to grant the primary applicant the visa for reasons including that the primary applicant had engaged in conduct involving family violence (whether or not the family violence was against a person mentioned in paragraph (c)).

The applicant meets the requirements of this subclause if:

the applicant is a member of the family unit of a person (the secondary applicant) who meets the requirements of subclause (3) or (4); and

the applicant has made a combined application with the secondary applicant or the primary applicant mentioned in subclause (3) or (4) (whichever applies to the secondary applicant); and

a Subclass 103 visa has since been granted to the secondary applicant.

For special provisions relating to family violence, see Division 1.5.