Migration Regulations 1994

This clause applies if the applicant (the secondary applicant) meets the requirements of subclause 116.321(3) or (4).

Each member of the family unit of the secondary applicant who is an applicant for a Subclass 116 visa satisfies:

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

if the applicant has previously been in Australia—special return criteria 5001.

Each member of the family unit of the secondary applicant who is an applicant for a Subclass 116 visa and who has turned 18 at the time of application satisfies public interest criterion 4019.

Public interest criteria 4015 and 4016 are satisfied in relation to each member of the family unit of the secondary applicant who is an applicant for a Subclass 116 visa and who has not turned 18 at the time of decision.

Each member of the family unit of the secondary applicant who is not an applicant for a Subclass 116 visa:

satisfies public interest criteria 4001, 4002, 4003 and 4004; and

satisfies public interest criterion 4005, unless the Minister is satisfied that it would be unreasonable to require the member to undergo assessment in relation to that criterion.