Migration Regulations 1994

Each member of the family unit of the applicant who is an applicant for a Subclass 801 visa is a person who:

subject to subclause (3)—satisfies public interest criteria 4001, 4002, 4003, 4004, 4007 and 4009; and

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

satisfies public interest criterion 4020.

Each member of the family unit of the applicant who is not an applicant for a Subclass 801 visa is a person who:

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

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.

Paragraph (1)(a) does not apply to an applicant who meets the requirements of clause 801.321 as the holder of a Subclass 820 visa granted on the basis that the applicant:

was the dependent child of a person who met the requirements of subclause 820.211(3), (4) or (5); and

entered Australia as the holder, as a dependent child, of a visa of the same class as the visa held by that person.