Migration Regulations 1994

Each person who is covered by subclause (2), (3) or (4):

satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009, 4010 and 4020; and

if the person had turned 18 at the time of application—satisfies public interest criterion 4019; and

if the person has previously been in Australia—satisfies special return criterion 5001.

This subclause covers a person:

who is a member of the family unit of the applicant (the primary applicant); and

who is also an applicant for a Subclass 116 visa.

This subclause covers a person (the relevant person) if:

the relevant person was, at the time of the primary applicant’s application, a member of the family unit of the primary applicant; and

the relevant person is an applicant for a Subclass 116 visa; and

the Minister is satisfied that one or more of the following has experienced family violence committed by the primary applicant:

the relevant person;

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

a dependent child of the relevant person or of the primary applicant.

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

This subclause covers a person if:

the person 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

the person is an applicant for a Subclass 116 visa; and

the person is a member of the family unit of a person covered by subclause (3).