804.327
This clause applies if the applicant (the secondary applicant) meets the requirements of subclause 804.321(3) or (4).
Each member of the family unit of the secondary applicant who is an applicant for a Subclass 804 visa must satisfy the public interest criteria mentioned in the item in the table that relates to the secondary applicant.
Item | If the secondary applicant … | the public interest criteria to be satisfied by the member of the family unit of the secondary applicant are … |
|---|---|---|
1 | was not the holder of a substituted Subclass 600 visa at the time of application | (a) 4001, 4002, 4003, 4004, 4005, 4009, 4010 and 4020; and (b) if the member of the family unit had turned 18 at the time of application—4019 |
2 | was the holder of a substituted Subclass 600 visa at the time of application | (a) 4001, 4002, 4003, 4007, 4009, 4010 and 4020; and (b) if the member of the family unit had turned 18 at the time of application—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 804 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 804 visa satisfies the public interest criteria mentioned in the item in the table that relates to the secondary applicant.
Item | If the secondary applicant … | the public interest criteria to be satisfied by the member of the family unit of the secondary applicant are … | ||
|---|---|---|---|---|
1 | was not the holder of a substituted Subclass 600 visa at the time of application | (a) 4001, 4002, 4003 and 4004; and (b) 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment for that criterion | ||
2 | was the holder of a substituted Subclass 600 visa at the time of application | (a) 4001, 4002 and 4003; and (b) 4007, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment for that criteria. | ||
804.4—Circumstances applicable to grant
This Act’s bill:Explanatory statement
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