Migration Amendment Regulations 2007 (No. 12) (Cth)
Migration Amendment Regulations 2007 (No. 12)1
Select Legislative Instrument 2007 No. 314
I, PHILIP MICHAEL JEFFERY, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Migration Act 1958.
Dated 26 September 2007
P. M. JEFFERY
Governor‑General
By His Excellency’s Command
KEVIN ANDREWS
Minister for Immigration and Citizenship
-
Name of Regulations
These Regulations are the Migration Amendment Regulations 2007 (No. 12).
-
Commencement
These Regulations commence on 15 October 2007.
-
Amendment of Migration Regulations 1994
Schedule 1 amends the Migration Regulations 1994.
-
Transitional
(1)Subject to subregulations (2) and (3), the amendments made by Schedule 1 apply in relation to an application for a visa made on or after 15 October 2007.
(2)The amendments made by items [1] to [314] of Schedule 1 do not apply in relation to an application for a visa made by a person if:
(a)the person is an additional applicant (within the meaning of regulation 2.08A of the Migration Regulations 1994) of an original applicant (within the meaning of that regulation) who made an application for a visa before 15 October 2007; and
(b)the application of the additional applicant is taken to have been made, in accordance with paragraph 2.08A (1) (f) of the Migration Regulations 1994, on or after 15 October 2007.
(3)The amendments made by items [1] to [314] of Schedule 1 do not apply in relation to an application for a visa made by a person if:
(a)the person is a dependent child (within the meaning of regulation 2.08B of the Migration Regulations 1994) of an original applicant (within the meaning of that regulation) who made an application for a visa before 15 October 2007; and
(b)the application of the dependent child is taken to have been made, in accordance with paragraph 2.08B (1) (f) of the Migration Regulations 1994, on or after 15 October 2007.
Schedule 1 Amendments
(regulation 3)
Part 1 Amendments of Schedule 2
[1] Clause 100.222
substitute
100.222The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4007 and 4009; and
(b)if the applicant had turned 18 at the time of application — public interest criterion 4019.
[2] Subclause 100.224 (1)
substitute
(1) Each member of the family unit of the applicant who is an applicant for a Subclass 100 visa is a person who:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4007 and 4009; and
(b)if the person had turned 18 at the time of application — satisfies public interest criterion 4019.
[3] Clause 100.322
substitute
100.322The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4007 and 4009; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[4] Clause 101.223
substitute
101.223The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4007 and 4009; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[5] Subclause 101.227 (1)
substitute
(1) Each member of the family unit of the applicant who is an applicant for a Subclass 101 visa is a person who:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4007 and 4009; and
(b)if the person had turned 18 at the time of application — satisfies public interest criterion 4019.
[6] Clause 101.323
substitute
101.323The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4007 and 4009; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[7] Clause 103.224
substitute
103.224The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[8] After paragraph 103.227 (1) (a)
insert
(aa)if the person had turned 18 at the time of application, satisfies public interest criterion 4019; and
[9] Clause 103.323
substitute
103.323The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[10] Clause 110.222
omit
4007 and 4009.
insert
4007, 4009 and 4019.
[11] Subclause 110.224 (1)
substitute
(1) Each member of the family unit of the applicant who is an applicant for a Subclass 110 visa is a person who:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4007 and 4009; and
(b)if the person had turned 18 at the time of application — satisfies public interest criterion 4019.
[12] Clause 110.322
substitute
110.322The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4007 and 4009; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[13] Clause 114.223
omit
4009 and 4010.
insert
4009, 4010 and 4019.
[14] After paragraph 114.226 (1) (a)
insert
(aa)if the person had turned 18 at the time of application, satisfies public interest criterion 4019; and
[15] Clause 114.323
substitute
114.323The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[16] Clause 115.223
substitute
115.223The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[17] After paragraph 115.226 (1) (a)
insert
(aa)if the member had turned 18 at the time of application, satisfies public interest criterion 4019; and
[18] Clause 115.323
substitute
115.323The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[19] Clause 116.223
substitute
116.223The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[20] After paragraph 116.226 (1) (a)
insert
(aa)if the member had turned 18 at the time of application, satisfies public interest criterion 4019; and
[21] Clause 116.323
substitute
116.323The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[22] After paragraph 119.223 (a)
insert
(aa)if the applicant had turned 18 at the time of application, public interest criterion 4019; and
[23] After paragraph 119.225 (1) (a)
insert
(aa)if the person had turned 18 at the time of application, satisfies public interest criterion 4019; and
[24] Paragraph 119.225 (1) (b)
omit
if he or she
insert
if the person
[25] Paragraph 119.322 (b)
omit
criterion.
insert
criterion; and
[26] After paragraph 119.322 (b)
insert
(c)if the applicant had turned 18 at the time of application — public interest criterion 4019.
[27] After paragraph 120.222 (a)
insert
(aa)if the applicant had turned 18 at the time of application, satisfies public interest criterion 4019; and
[28] After paragraph 120.224 (1) (a)
insert
(aa)if the person had turned 18 at the time of application, satisfies public interest criterion 4019; and
[29] Paragraph 120.224 (1) (b)
omit
if he or she
insert
if the person
[30] Clause 120.322
substitute
120.322The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[31] After paragraph 121.224 (a)
insert
(aa)if the applicant had turned 18 at the time of application, satisfies public interest criterion 4019; and
[32] After paragraph 121.226 (1) (a)
insert
(aa)if the person had turned 18 at the time of application, satisfies public interest criterion 4019; and
[33] Paragraph 121.226 (1) (b)
omit
if he or she
insert
if the person
[34] Paragraph 121.322 (b)
omit
criterion.
insert
criterion; and
[35] After paragraph 121.322 (b)
insert
(c)public interest criterion 4019, if the applicant had turned 18 at the time of application.
[36] Clause 124.221
substitute
124.221The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[37] After paragraph 124.224 (1) (a)
insert
(aa)if the person had turned 18 at the time of application, satisfies public interest criterion 4019; and
[38] Paragraph 124.224 (1) (b)
omit
if he or she
insert
if the person
[39] Clause 124.322
substitute
124.322The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[40] Clause 132.222
substitute
132.222The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[41] After paragraph 132.225 (1) (a)
insert
(aa)if the member had turned 18 at the time of application — satisfies public interest criterion 4019; and
[42] Paragraph 132.225 (1) (b)
omit
if he or she
insert
if the member
[43] Clause 132.322
substitute
132.322The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[44] Clause 143.224
substitute
143.224The applicant:
(a)satisfies public interest criteria 4001, 4002 and 4003; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[45] Clause 143.229, table
substitute
|
Item |
If the applicant … |
the public interest criteria to be satisfied by the member of the family unit are … |
and if the member of the family unit has previously been in Australia, the special return criteria are … |
| 1 | was not the holder of a substituted Subclass 676 visa at the time of application |
(a) 4001, 4002, 4003, 4004, 4005, 4009 and 4010; and (b) if the applicant had turned 18 at the time of application — 4019 |
5001, 5002 and 5010 |
| 2 | was the holder of a substituted Subclass 676 visa at the time of application |
(a) 4001, 4002, 4003, 4009 and 4010; and (b) either: (i) 4007; or (ii) if the member of the family unit has previously held a Subclass 173 visa — such health checks as the Minister considers appropriate; and (c) if the applicant had turned 18 at the time of application — 4019 |
5001, 5002 and 5010 |
[46] Clause 143.323
substitute
143.323The applicant:
(a)satisfies public interest criteria 4001, 4002 and 4003; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[47] Clause 151.221
substitute
151.221The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4009 and 4010; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[48] Paragraph 151.225 (b)
substitute
(b)each member of the family unit of the applicant who is an applicant for a Special Eligibility (Class CB) visa is a person who:
(i)satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010; and
(ii)if the person had turned 18 at the time of application — satisfies public interest criterion 4019; and
[49] Paragraph 151.226 (b)
substitute
(b)each member of the family unit of the applicant who is an applicant for a Special Eligibility (Class CB) visa is a person who:
(i)satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009 and 4010; and
(ii)if the person had turned 18 at the time of application — satisfies public interest criterion 4019; and
[50] Paragraph 151.227 (b)
substitute
(b)each member of the family unit of the applicant, who is an applicant for a Special Eligibility (Class CB) visa, is a person who:
(i)satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009 and 4010; and
(ii)if the person had turned 18 at the time of application — satisfies public interest criterion 4019.
[51] Clause 151.322
substitute
151.322The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4009 and 4010; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[52] Clause 160.222
substitute
160.222The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4005 and 4010; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[53] After paragraph 160.224 (1) (a)
insert
(aa)if the member had turned 18 at the time of application — satisfies public interest criterion 4019; and
[54] Paragraph 160.224 (1) (b)
omit
if he or she
insert
if the member
[55] Clause 160.322
substitute
160.322The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4005 and 4010; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[56] Clause 161.222
substitute
161.222The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4005 and 4010; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[57] After paragraph 161.224 (1) (a)
insert
(aa)if the member had turned 18 at the time of application — satisfies public interest criterion 4019; and
[58] Paragraph 161.224 (1) (b)
omit
if he or she
insert
if the member
[59] Clause 161.322
substitute
161.322The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4005 and 4010; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[60] Clause 162.223
substitute
162.223The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4005 and 4010; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[61] After paragraph 162.225 (1) (a)
insert
(aa)if the member had turned 18 at the time of application — satisfies public interest criterion 4019; and
[62] Paragraph 162.225 (1) (b)
omit
if he or she
insert
if the member
[63] Clause 162.322
substitute
162.322The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4005 and 4010; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[64] Clause 163.223
substitute
163.223The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4005 and 4010; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[65] After paragraph 163.225 (1) (a)
insert
(aa)if the member had turned 18 at the time of application — satisfies public interest criterion 4019; and
[66] Paragraph 163.225 (1) (b)
omit
if he or she
insert
if the member
[67] Clause 163.322
substitute
163.322The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4005 and 4010; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[68] Clause 164.223
substitute
164.223The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4005 and 4010; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[69] After paragraph 164.225 (1) (a)
insert
(aa)if the member had turned 18 at the time of application — satisfies public interest criterion 4019; and
[70] Paragraph 164.225 (1) (b)
omit
if he or she
insert
if the member
[71] Clause 164.322
substitute
164.322The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4005 and 4010; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[72] Clause 165.225
substitute
165.225The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4005 and 4010; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[73] After paragraph 165.227 (1) (a)
insert
(aa)if the member had turned 18 at the time of application — satisfies public interest criterion 4019; and
[74] Paragraph 165.227 (1) (b)
omit
if he or she
insert
if the member
[75] Clause 165.322
substitute
165.322The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4005 and 4010; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[76] Clause 173.224
substitute
173.224The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[77] After paragraph 173.226 (a)
insert
(aa)if the person had turned 18 at the time of application, satisfies public interest criterion 4019; and
[78] Paragraph 173.226 (b)
omit
if he or she
insert
if the person
[79] Clause 173.323
substitute
173.323If the applicant is not a contributory parent newborn child, the applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[80] Clause 175.223
substitute
175.223The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4005 and 4010; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[81] After paragraph 175.225 (d)
insert
(da)if the person had turned 18 at the time of application — satisfies public interest criterion 4019; and
[82] Clause 175.322
substitute
175.322The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4005 and 4010; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[83] Clause 176.224
substitute
176.224The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4005 and 4010; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[84] After paragraph 176.226 (d)
insert
(da)if the person had turned 18 at the time of application — satisfies public interest criterion 4019; and
[85] Clause 176.322
substitute
176.322The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4005 and 4010; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[86] Clause 200.226
substitute
200.226The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009 and 4010; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[87] After paragraph 200.229 (1) (a)
insert
(aa)if the person had turned 18 at the time of application, satisfies public interest criterion 4019; and
[88] Paragraph 200.229 (1) (b)
omit
if he or she
insert
if the person
[89] After paragraph 200.323 (a)
insert
(aa)if the applicant had turned 18 at the time of application, satisfies public interest criterion 4019; and
[90] Paragraph 200.323 (b)
omit
if he or she
insert
if the applicant
[91] Clause 201.226
substitute
201.226The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009 and 4010; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[92] After paragraph 201.229 (1) (a)
insert
(aa)if the person had turned 18 at the time of application, satisfies public interest criterion 4019; and
[93] Paragraph 201.229 (1) (b)
omit
if he or she
insert
if the person
[94] Paragraph 201.323 (b)
substitute
(aa)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019; and
(b)if the applicant has previously been in Australia — satisfies special return criterion 5001.
[95] Subclause 202.227 (1)
substitute
(1) The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009 and 4010; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[96] After paragraph 202.229 (1) (a)
insert
(aa)if the person had turned 18 at the time of application, satisfies public interest criterion 4019; and
[97] Paragraph 202.229 (1) (b)
omit
if he or she
insert
if the person
[98] Paragraph 202.323 (b)
substitute
(aa)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019; and
(b)if the applicant has previously been in Australia — satisfies special return criterion 5001.
[99] Clause 203.226
substitute
203.226The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009 and 4010; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[100] After paragraph 203.229 (1) (a)
insert
(aa)if the person had turned 18 at the time of application, satisfies public interest criterion 4019; and
[101] Paragraph 203.229 (1) (b)
omit
if he or she
insert
if the person
[102] Paragraph 203.323 (b)
substitute
(aa)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019; and
(b)if the applicant has previously been in Australia — satisfies special return criterion 5001.
[103] Clause 204.226
substitute
204.226The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009 and 4010; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[104] After paragraph 204.229 (1) (a)
insert
(aa)if the person had turned 18 at the time of application, satisfies public interest criterion 4019; and
[105] Paragraph 204.229 (1) (b)
omit
if he or she
insert
if the person
[106] Paragraph 204.323 (b)
substitute
(aa)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019; and
(b)if the applicant has previously been in Australia — satisfies special return criterion 5001.
[107] Clause 300.223
substitute
300.223The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009 and 4010; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[108] After paragraph 300.226 (1) (a)
insert
(aa)if the person had turned 18 at the time of application, satisfies public interest criterion 4019; and
[109] Clause 300.323
substitute
300.323The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009 and 4010; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[110] Clause 309.225
substitute
309.225The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4007 and 4009; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[111] After paragraph 309.228 (1) (a)
insert
(aa)if the person had turned 18 at the time of application, satisfies public interest criterion 4019; and
[112] Paragraph 309.228 (1) (b)
omit
if he or she
insert
if the person
[113] Clause 309.323
substitute
309.323The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4007 and 4009; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[114] Clause 310.224
omit
4007 and 4009.
insert
4007, 4009 and 4019.
[115] After paragraph 310.227 (1) (a)
insert
(aa)if the person had turned 18 at the time of application, satisfies public interest criterion 4019; and
[116] Paragraph 310.227 (1) (b)
omit
if he or she
insert
if the person
[117] Clause 310.323
substitute
310.323The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4007 and 4009; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[118] Subclause 405.227 (6)
substitute
(6) The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010, 4013, 4014 and 4019.
(7) The applicant’s spouse (if any) satisfies:
(a)public interest criteria 4001, 4002, 4003, 4004, 4005, 4010, 4013, 4014; and
(b)if the applicant’s spouse had turned 18 at the time of application — public interest criterion 4019.
[119] Subclause 405.228 (6)
substitute
(6) The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4013, 4014 and 4019.
(6A) The applicant’s spouse (if any) satisfies:
(a)public interest criteria 4001, 4002, 4003, 4004, 4013 and 4014; and
(b)if the applicant’s spouse had turned 18 at the time of application — public interest criterion 4019.
[120] Subclause 405.329 (3)
substitute
(3) The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010, 4013 and 4014; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[121] Subclause 405.330 (3)
substitute
(3) The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4013 and 4014; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[122] Paragraph 410.221 (8) (a)
omit
4013 and 4014; and
insert
4013, 4014 and 4019; and
[123] Paragraph 410.321 (3) (a)
substitute
(a)the applicant:
(i)satisfies public interest criteria 4001, 4002, 4003, 4004, 4013 and 4014; and
(ii)satisfies public interest criterion 4019, if he or she had turned 18 at the time of application; and
[124] Clause 411.226
substitute
411.226The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010, 4013 and 4014; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[125] Paragraph 411.324 (b)
omit
public interest criterion 4010.
insert
public interest criterion 4010; and
[126] After paragraph 411.324 (b)
insert
(c)in the case of an applicant who had turned 18 at the time of application, satisfies public interest criterion 4019.
[127] Clause 415.226
substitute
415.226The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010, 4013 and 4014; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[128] Paragraph 415.324 (b)
omit
public interest criterion 4010.
insert
public interest criterion 4010; and
[129] After paragraph 415.324 (b)
insert
(c)in the case of an applicant who had turned 18 at the time of application, satisfies public interest criterion 4019.
[130] Clause 416.223
substitute
416.223The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010, 4012, 4013 and 4014; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[131] Paragraph 416.323 (b)
omit
public interest criterion 4010.
insert
public interest criterion 4010; and
[132] After paragraph 416.323 (b)
insert
(c)in the case of an applicant who had turned 18 at the time of application, satisfies public interest criterion 4019.
[133] Paragraph 417.221 (2) (b)
omit
4013 and 4014.
insert
4013, 4014 and 4019.
[134] Clause 418.226
substitute
418.226The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4006A, 4010, 4013 and 4014; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[135] Paragraph 418.324 (b)
omit
public interest criterion 4010.
insert
public interest criterion 4010; and
[136] After paragraph 418.324 (b)
insert
(c)in the case of an applicant who had turned 18 at the time of application, satisfies public interest criterion 4019.
[137] Clause 419.225
substitute
419.225The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010, 4013 and 4014; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[138] Paragraph 419.323 (b)
omit
public interest criterion 4010.
insert
public interest criterion 4010; and
[139] After paragraph 419.323 (b)
insert
(c)in the case of an applicant who had turned 18 at the time of application, satisfies public interest criterion 4019.
[140] Clause 420.226
substitute
420.226The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010, 4013 and 4014; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[141] Paragraph 420.324 (b)
omit
public interest criterion 4010.
insert
public interest criterion 4010; and
[142] After paragraph 420.324 (b)
insert
(c)in the case of an applicant who had turned 18 at the time of application, satisfies public interest criterion 4019.
[143] Clause 421.225
substitute
421.225The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010, 4013 and 4014; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[144] Paragraph 421.324 (b)
omit
public interest criterion 4010.
insert
public interest criterion 4010; and
[145] After paragraph 421.324 (b)
insert
(c)in the case of an applicant who had turned 18 at the time of application, satisfies public interest criterion 4019.
[146] Clause 422.224
substitute
422.224The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010, 4013 and 4014; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[147] Paragraph 422.323 (b)
omit
public interest criterion 4010.
insert
public interest criterion 4010; and
[148] After paragraph 422.323 (b)
insert
(c)in the case of an applicant who had turned 18 at the time of application, satisfies public interest criterion 4019.
[149] Clause 423.225
substitute
423.225The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010, 4013 and 4014; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[150] Paragraph 423.324 (b)
omit
public interest criterion 4010.
insert
public interest criterion 4010; and
[151] After paragraph 423.324 (b)
insert
(c)in the case of an applicant who had turned 18 at the time of application, satisfies public interest criterion 4019.
[152] Clause 426.224
omit
4013 and 4014.
insert
4013, 4014 and 4019.
[153] Clause 427.228
substitute
427.228The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010, 4013 and 4014; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[154] Paragraph 427.324 (b)
omit
public interest criterion 4010.
insert
public interest criterion 4010; and
[155] After paragraph 427.324 (b)
insert
(c)in the case of an applicant who had turned 18 at the time of application, satisfies public interest criterion 4019.
[156] Clause 428.225
substitute
428.225The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010, 4013 and 4014; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[157] Paragraph 428.323 (b)
omit
public interest criterion 4010.
insert
public interest criterion 4010; and
[158] After paragraph 428.323 (b)
insert
(c)in the case of an applicant who had turned 18 at the time of application, satisfies public interest criterion 4019.
[159] After paragraph 442.225 (a)
insert
(aa)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019; and
[160] After paragraph 442.323 (b)
insert
(ba)if the applicant had turned 18 at the time of application, satisfies public interest criterion 4019; and
[161] Clause 445.225
substitute
445.225The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4007 and 4009; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[162] Subclause 445.227 (1)
substitute
(1) Each member of the family unit of the applicant who is an applicant for a Subclass 445 visa is a person who:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4007 and 4009; and
(b)if the person had turned 18 at the time of application — satisfies public interest criterion 4019.
[163] Clause 445.324
substitute
445.324The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4007 and 4009; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[164] Clause 447.225
substitute
447.225The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003A, 4004 and 4007; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[165] After paragraph 447.227 (1) (a)
insert
(aa)if the person had turned 18 at the time of application — satisfies public interest criterion 4019; and
[166] Paragraph 447.227 (1) (b)
omit
if he or she
insert
if the person
[167] Paragraph 447.323 (b)
substitute
(aa)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019; and
(b)if the applicant has previously been in Australia — satisfies special return criterion 5001.
[168] Clause 451.225
substitute
451.225The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003A, 4004 and 4007; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[169] After paragraph 451.227 (1) (a)
insert
(aa)if the person had turned 18 at the time of application — satisfies public interest criterion 4019; and
[170] Paragraph 451.227 (1) (b)
omit
if he or she
insert
if the person
[171] Paragraph 451.323 (b)
substitute
(aa)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019; and
(b)if the applicant has previously been in Australia — satisfies special return criterion 5001.
[172] Paragraph 457.224 (c)
substitute
(c)if the applicant does not seek a visa on the basis that the applicant meets the requirements of subclause 457.223 (9) — public interest criterion 4006A; and
(d)if paragraph (c) applies to the applicant and the applicant had turned 18 at the time of application — public interest criterion 4019.
[173] After paragraph 457.227 (1) (a)
insert
(aa)if the person had turned 18 at the time of application, satisfies public interest criterion 4019; and
[174] Paragraph 457.227 (1) (b)
omit
if he or she
insert
if the person
[175] After paragraph 457.227A (c)
insert
(ca)if the person had turned 18 at the time of application, satisfies public interest criterion 4019; and
[176] Paragraph 457.227A (d)
omit
if he or she
insert
if the person
[177] Clause 457.325
substitute
457.325The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4010, 4013 and 4014; and
(b)satisfies public interest criterion 4019, if:
(i)the applicant had turned 18 at the time of application; and
(ii)the applicant did not make an application with a primary applicant who seeks to meet the requirements of subclause 457.223 (9); and
(c)if the applicant is:
(i)a member of the family unit; or
(ii)the interdependent partner; or
(iii)a dependent child of the interdependent partner;
of an applicant who seeks to meet the requirements of subclause 457.223 (7A) — satisfies public interest criterion 4005; and
(d)unless the applicant is:
(i)a member of the family unit; or
(ii)the interdependent partner; or
(iii)a dependent child of the interdependent partner;
of a primary applicant who meets the requirements of subclause 457.223 (9) — satisfies public interest criterion 4006A.
[178] Clause 461.223
substitute
461.223The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4010, 4013 and 4014; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[179] Paragraph 462.221 (b)
omit
4013 and 4014; and
insert
4013, 4014 and 4109; and
[180] Clause 470.231
substitute
470.231The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4013 and 4014; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[181] Clause 475.224
substitute
475.224The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4005 and 4010; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[182] After paragraph 475.226 (d)
insert
(da)if the person had turned 18 at the time of application — satisfies public interest criterion 4019; and
[183] Clause 475.322
substitute
475.322The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4005 and 4010; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[184] Clause 476.222
substitute
476.222The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4005 and 4010; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[185] After paragraph 476.224 (d)
insert
(da)if the person had turned 18 at the time of application — satisfies public interest criterion 4019; and
[186] Clause 476.322
substitute
476.322The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4005 and 4010; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[187] Clause 485.224
substitute
485.224The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4005 and 4010; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[188] After paragraph 485.226 (d)
insert
(da)if the person had turned 18 at the time of application — satisfies public interest criterion 4019; and
[189] Clause 485.322
substitute
485.322The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4005 and 4010; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[190] Clause 487.228
substitute
487.228The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4005 and 4010; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[191] After paragraph 487.230 (d)
insert
(da)if the person had turned 18 at the time of application — satisfies public interest criterion 4019; and
[192] Clause 487.324
substitute
487.324The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4005 and 4010; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[193] Subparagraph 570.221 (2) (b) (i)
substitute
(i)both of the following:
(A)the Minister has no reason to believe that the applicant is not a genuine student;
(B)if the applicant had turned 18 at the time of application, the applicant satisfies paragraph 570.224 (ba); or
[194] After paragraph 570.224 (b)
insert
(ba)if the applicant had turned 18 at the time of application, satisfies public interest criterion 4019; and
[195] Subparagraph 570.321 (2) (b) (i)
substitute
(i)both of the following:
(A)the Minister has no reason to believe that the applicant is not a genuine applicant for entry and stay as a member of the family unit of the primary person mentioned in clause 570.322;
(B)if the applicant had turned 18 at the time of application, the applicant satisfies paragraph 570.323 (b); or
[196] Clause 570.323
substitute
570.323The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4013 and 4014; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[197] Subclause 571.211 (1)
omit
(4), (5) or (6).
insert
(4) or (6).
[198] Clause 571.221
substitute
571.221(1) Unless, at the time of application, the applicant met the requirements of subclause 571.211 (4), the applicant satisfies the criteria in clauses 571.222 to 571.236.
(2) If, at the time of application, the applicant met the requirements of subclause 571.211 (4):
(a)the applicant continues to meet the requirements of paragraph 571.211 (4) (a); and
(b)either:
(i)both of the following:
(A)the Minister has no reason to believe that the applicant is not a genuine student;
(B)if the applicant had turned 18 at the time of application, the applicant satisfies paragraph 571.224 (ba); or
(ii)the applicant satisfies the criteria in clauses 571.223 to 571.236.
[199] After paragraph 571.224 (b)
insert
(ba)if the applicant had turned 18 at the time of application, satisfies public interest criterion 4019; and
[200] Subparagraph 571.321 (2) (b) (i)
substitute
(i)both of the following:
(A)the Minister has no reason to believe that the applicant is not a genuine applicant for entry and stay as a member of the family unit of the primary person mentioned in clause 571.322;
(B)if the applicant had turned 18 at the time of application, the applicant satisfies paragraph 571.323 (b); or
[201] Clause 571.323
substitute
571.323The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4013 and 4014; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[202] Subclause 572.211 (1)
omit
(4), (5) or (6).
insert
(4) or (6).
[203] Clause 572.221
substitute
572.221(1) Unless, at the time of application, the applicant met the requirements of subclause 572.211 (4), the applicant satisfies the criteria in clauses 572.222 to 572.234.
(2) If, at the time of application, the applicant met the requirements of subclause 572.211 (4):
(a)the applicant continues to meet the requirements of paragraph 572.211 (4) (a); and
(b)either:
(i)both of the following:
(A)the Minister has no reason to believe that the applicant is not a genuine student;
(B)if the applicant had turned 18 at the time of application, the applicant satisfies paragraph 572.224 (ba); or
(ii)the applicant satisfies the criteria in clauses 572.223 to 572.234.
[204] After paragraph 572.224 (b)
insert
(ba)if the applicant had turned 18 at the time of application, satisfies public interest criterion 4019; and
[205] Subparagraph 572.321 (2) (b) (i)
substitute
(i)both of the following:
(A)the Minister has no reason to believe that the applicant is not a genuine applicant for entry and stay as a member of the family unit of the primary person mentioned in clause 572.322;
(B)if the applicant had turned 18 at the time of application, the applicant satisfies paragraph 572.323 (b); or
[206] Clause 572.323
substitute
572.323The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4013 and 4014; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[207] Subclause 573.211 (1)
omit
(4), (5) or (6).
insert
(4) or (6).
[208] Clause 573.221
substitute
573.221(1) Unless, at the time of application, the applicant met the requirements of subclause 573.211 (4), the applicant satisfies the criteria in clauses 573.222 to 573.234.
(2) If, at the time of application, the applicant met the requirements of subclause 573.211 (4):
(a)the applicant continues to meet the requirements of paragraph 573.211 (4) (a); and
(b)either:
(i)both of the following:
(A)the Minister has no reason to believe that the applicant is not a genuine student;
(B)if the applicant had turned 18 at the time of application, the applicant satisfies paragraph 573.224 (ba); or
(ii)the applicant satisfies the criteria in clauses 573.223 to 573.234.
[209] After paragraph 573.224 (b)
insert
(ba)if the applicant had turned 18 at the time of application, satisfies public interest criterion 4019; and
[210] Subparagraph 573.321 (2) (b) (i)
substitute
(i)both of the following:
(A)the Minister has no reason to believe that the applicant is not a genuine applicant for entry and stay as a member of the family unit of the primary person mentioned in clause 573.322;
(B)if the applicant had turned 18 at the time of application, the applicant satisfies paragraph 573.323 (b); or
[211] Clause 573.323
substitute
573.323The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4013 and 4014; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[212] Subclause 574.211 (1)
omit
(4), (5) or (6).
insert
(4) or (6).
[213] Clause 574.221
substitute
574.221(1) Unless, at the time of application, the applicant met the requirements of subclause 574.211 (4), the applicant satisfies the criteria in clauses 574.222 to 574.234.
(2) If, at the time of application, the applicant met the requirements of subclause 574.211 (4):
(a)the applicant continues to meet the requirements of paragraph 574.211 (4) (a); and
(b)either:
(i)both of the following:
(A)the Minister has no reason to believe that the applicant is not a genuine student;
(B)if the applicant had turned 18 at the time of application, the applicant satisfies paragraph 574.224 (ba); or
(ii)the applicant satisfies the criteria in clauses 574.222 to 574.234.
[214] After paragraph 574.224 (b)
insert
(ba)if the applicant had turned 18 at the time of application, satisfies public interest criterion 4019; and
[215] Subparagraph 574.321 (2) (b) (i)
substitute
(i)both of the following:
(A)the Minister has no reason to believe that the applicant is not a genuine applicant for entry and stay as a member of the family unit of the primary person mentioned in clause 574.322;
(B)if the applicant had turned 18 at the time of application, the applicant satisfies paragraph 574.323 (b); or
[216] Clause 574.323
substitute
574.323The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4013 and 4014; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[217] Subclause 575.211 (1)
omit
(4), (5) or (6).
insert
(4) or (6).
[218] Clause 575.221
substitute
575.221(1) Unless, at the time of application, the applicant met the requirements of subclause 575.211 (4), the applicant satisfies the criteria in clauses 575.222 to 575.234.
(2) If, at the time of application, the applicant met the requirements of subclause 575.211 (4):
(a)the applicant continues to meet the requirements of paragraph 575.211 (4) (a); and
(b)either:
(i)both of the following:
(A)the Minister has no reason to believe that the applicant is not a genuine student;
(B)if the applicant had turned 18 at the time of application, the applicant satisfies paragraph 575.224 (ba); or
(ii)the applicant satisfies the criteria in clauses 575.223 to 575.234.
[219] After paragraph 575.224 (b)
insert
(ba)if the applicant had turned 18 at the time of application, satisfies public interest criterion 4019; and
[220] Subparagraph 575.321 (2) (b) (i)
substitute
(i)both of the following:
(A)the Minister has no reason to believe that the applicant is not a genuine applicant for entry and stay as a member of the family unit of the primary person mentioned in clause 575.322;
(B)if the applicant had turned 18 at the time of application, the applicant satisfies paragraph 575.323 (b); or
[221] Clause 575.323
substitute
575.323The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4013 and 4014; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[222] Subclause 576.211 (1)
omit
(4) or (5).
insert
or (4).
[223] Clause 576.221
substitute
576.221(1) Unless, at the time of application, the applicant met the requirements of subclause 576.211 (4), the applicant satisfies the criteria in clauses 576.222 to 576.232.
(2) If, at the time of application, the applicant met the requirements of subclause 576.211 (4):
(a)the applicant continues to meet the requirements of paragraph 576.211 (4) (a); and
(b)either:
(i)both of the following:
(A)the Minister has no reason to believe that the applicant is not a genuine student;
(B)if the applicant had turned 18 at the time of application, the applicant satisfies paragraph 576.223 (ba); or
(ii)the applicant satisfies the criteria in clauses 576.222 to 576.232.
[224] After paragraph 576.223 (b)
insert
(ba)if the applicant had turned 18 at the time of application, satisfies public interest criterion 4019; and
[225] Subparagraph 576.321 (2) (b) (i)
substitute
(i)both of the following:
(A)the Minister has no reason to believe that the applicant is not a genuine applicant for entry and stay as a member of the family unit of the primary person mentioned in clause 576.322;
(B)if the applicant had turned 18 at the time of application, the applicant satisfies paragraph 576.323 (b); or
[226] Clause 576.323
substitute
576.323The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4013 and 4014; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[227] After paragraph 580.223 (3) (b)
insert
(ba)if the applicant had turned 18 at the time of application, satisfies public interest criterion 4019; and
[228] Clause 785.226
substitute
785.226The applicant:
(a)satisfies public interest criteria 4001, 4002 and 4003A; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[229] Clause 787.221
substitute
787.221The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003 and 4007; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[230] Clause 787.223
substitute
787.223Each member of the immediate family of the applicant who is an applicant for a Subclass 787 (Witness Protection (Trafficking) (Temporary)) visa is a person who:
(a)satisfies public interest criteria 4001, 4002, 4003 and 4007; and
(b)if the person had turned 18 at the time of application — satisfies public interest criterion 4019.
[231] Clause 787.321
substitute
787.321The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003 and 4007; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[232] Clause 800.221A
substitute
800.221AThe applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4005 and 4009; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[233] Subclause 800.222 (1)
substitute
(1) Each person who is a member of the family unit of the applicant and who is also an applicant for a Subclass 800 visa:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4005 and 4009; and
(b)if the person had turned 18 at the time of application — satisfies public interest criterion 4019.
[234] Clause 800.322
substitute
800.322The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4005 and 4009; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[235] Subclause 801.223 (1)
substitute
(1) The applicant:
(a)subject to subclause (2) — satisfies public interest criteria 4001, 4002, 4003, 4004, 4007 and 4009; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[236] Subclause 801.223 (2)
omit
Subclause (1) does not apply
insert
Paragraph (1) (a) does not apply
[237] Subclause 801.224 (1)
substitute
(1) Each member of the family unit of the applicant who is an applicant for a Subclass 801 visa is a person who:
(a)subject to subclause (3) — satisfies public interest criteria 4001, 4002, 4003, 4004, 4007 and 4009; and
(b)if the person had turned 18 at the time of application — satisfies public interest criterion 4019.
[238] Subclause 801.224 (3)
omit
Subclause (1) does not apply
insert
Paragraph (1) (a) does not apply
[239] Subclause 801.323 (1)
substitute
(1) The applicant:
(a)subject to subclause (2) — satisfies public interest criteria 4001, 4002, 4003, 4004, 4007 and 4009; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[240] Subclause 801.323 (2)
omit
Subclause (1) does not apply
insert
Paragraph (1) (a) does not apply
[241] Clause 802.223
substitute
802.223The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004 and 4007; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[242] Subclause 802.224 (1)
substitute
(1) Each member of the family unit of the applicant who is an applicant for a Subclass 802 visa is a person who:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004 and 4007; and
(b)if the person had turned 18 at the time of application — satisfies public interest criterion 4019.
[243] Clause 802.322
substitute
802.322The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004 and 4007; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[244] Clause 804.225, table, items 1 and 2, column 3
omit each mention of
4009 and 4010
insert
4009, 4010 and 4019
[245] Subclause 804.226 (1), table
substitute
|
Item |
If the applicant … |
the public interest criteria to be satisfied by the applicant are ... |
| 1 | was not the holder of a substituted Subclass 676 visa at the time of application |
(a) 4001, 4002, 4003, 4004, 4005, 4009 and 4010; and (b) if the applicant had turned 18 at the time of application — 4019 |
| 2 | was the holder of a substituted Subclass 676 visa at the time of application |
(a) 4001, 4002, 4003, 4007, 4009 and 4010; and (b) if the applicant had turned 18 at the time of application — 4019 |
[246] Clause 804.322, table
substitute
|
Item |
If the applicant is a member of the family unit of a person who is mentioned in clause 804.321, and the person … |
the public interest criteria to be satisfied by the applicant are ... |
| 1 | was not the holder of a substituted Subclass 676 visa at the time of application |
(a) 4001, 4002, 4003, 4004, 4005, 4009 and 4010; and (b) if the applicant had turned 18 at the time of application — 4019 |
| 2 | was the holder of a substituted Subclass 676 visa at the time of application |
(a) 4001, 4002, 4003, 4007, 4009 and 4010; and (b) if the applicant had turned 18 at the time of application — 4019 |
[247] Clause 814.223
omit
4007 and 4009.
insert
4007, 4009 and 4019.
[248] Subclause 814.224 (1)
substitute
(1) Each member of the family unit of the applicant who is an applicant for a Subclass 814 visa is a person who:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4007 and 4009; and
(b)if the person had turned 18 at the time of application — satisfies public interest criterion 4019.
[249] Clause 814.323
substitute
814.323The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4007 and 4009; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[250] Clauses 820.223 and 820.224
substitute
820.223(1) The applicant:
(a)subject to subclause (2) — satisfies public interest criteria 4001, 4002, 4003, 4004, 4007 and 4009; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
(2) Paragraph (1) (a) does not apply to an applicant referred to in subclause 820.211 (3), (4) or (5).
820.224(1) Each member of the family unit of the applicant who is an applicant for a Subclass 820 visa is a person who:
(a)subject to subclause (2) — satisfies public interest criteria 4001, 4002, 4003, 4004, 4007 and 4009; and
(b)if the person had turned 18 at the time of application — satisfies public interest criterion 4019.
(1A) Each member of the family unit of the applicant who is not an applicant for a Subclass 820 visa is a person who:
(a)subject to subclause (2) — satisfies public interest criteria 4001, 4002, 4003 and 4004; and
(b)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.
(2) Paragraphs (1) (a) and (1A) (a) do not apply to an applicant who:
(a)is a dependent child of an applicant referred to in subclause 820.211 (3), (4) or (5); and
(b)entered Australia as the holder of a visa of the same class as the visa held by that other applicant.
[251] Clause 820.323
substitute
820.323(1) The applicant:
(a)subject to subclause (2) — satisfies public interest criteria 4001, 4002, 4003, 4004, 4007 and 4009; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
(2) Paragraph (1) (a) does not apply to an applicant referred to in subclause 820.311 who:
(a)is a dependent child of another applicant referred to in subclause 820.211 (3), (4) or (5); and
(b)entered Australia as the holder of a visa of the same class as the visa held by that other applicant.
[252] Clause 826.223
omit
4007 and 4009.
insert
4007, 4009 and 4019.
[253] Subclause 826.224 (1)
substitute
(1) Each member of the family unit of the applicant who is an applicant for a Subclass 826 visa is a person who:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4007 and 4009; and
(b)if the person had turned 18 at the time of application — satisfies public interest criterion 4019.
[254] Clause 826.324
substitute
826.324The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4007 and 4009; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[255] Clause 835.223
substitute
835.223The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[256] Subclause 835.224 (1)
substitute
(1) Each member of the family unit of the applicant who is an applicant for a Subclass 835 visa is a person who:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010; and
(b)if the person had turned 18 at the time of application — satisfies public interest criterion 4019.
[257] Clause 835.322
substitute
835.322The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[258] Clause 836.223
substitute
836.223The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[259] Subclause 836.224 (1)
substitute
(1) Each member of the family unit of the applicant who is an applicant for a Subclass 836 visa is a person who:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010; and
(b)if the person had turned 18 at the time of application — satisfies public interest criterion 4019.
[260] Clause 836.322
substitute
836.322The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[261] Clause 838.223
omit
4009 and 4010.
insert
4009, 4010 and 4019.
[262] Subclause 838.224 (1)
substitute
(1) Each member of the family unit of the applicant who is an applicant for a Subclass 838 visa is a person who:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010; and
(b)if the person had turned 18 at the time of application — satisfies public interest criterion 4019.
[263] Clause 838.322
substitute
838.322The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[264] Clause 845.223
substitute
845.223The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[265] Subclause 845.224 (1)
substitute
(1) Each member of the family unit of the applicant who is an applicant for a Subclass 845 visa is a person who:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010; and
(b)if the person had turned 18 at the time of application — satisfies public interest criterion 4019.
[266] Clause 845.322
substitute
845.322The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[267] Clause 846.224
substitute
846.224The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4009 and 4010; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019; and
(c)either:
(i)if the applicant resides, or proposes to reside, in a participating State or Territory — satisfies public interest criterion 4007; or
(ii)if subparagraph (i) does not apply to the applicant — satisfies public interest criterion 4005.
[268] Subclause 846.225 (1)
substitute
(1) Each member of the family unit of the applicant who is an applicant for a Subclass 846 visa is a person who:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4009 and 4010; and
(b)if the person had turned 18 at the time of application — satisfies public interest criterion 4019; and
(c)either:
(i)if the applicant resides, or proposes to reside, in a participating State or Territory — satisfies public interest criterion 4007; or
(ii)if subparagraph (i) does not apply to the applicant — satisfies public interest criterion 4005.
[269] Clause 846.322
substitute
846.322The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4009 and 4010; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019; and
(c)either:
(i)if the applicant resides, or proposes to reside, in a participating State or Territory — satisfies public interest criterion 4007; or
(ii)if subparagraph (i) does not apply to the applicant — satisfies public interest criterion 4005.
[270] Clause 852.222
substitute
852.222The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003 and 4007; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[271] Clause 852.224
substitute
852.224Each member of the immediate family of the applicant who is an applicant for a Subclass 852 (Witness Protection (Trafficking) (Permanent)) visa is a person who:
(a)satisfies public interest criteria 4001, 4002, 4003 and 4007; and
(b)if the person had turned 18 at the time of application — satisfies public interest criterion 4019.
[272] Clause 852.321
substitute
852.321The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003 and 4007; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[273] Clause 855.223
substitute
855.223The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4009 and 4010; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019; and
(c)either:
(i)if the applicant resides, or proposes to reside, in a participating State or Territory — satisfies public interest criterion 4007; or
(ii)if subparagraph (i) does not apply to the applicant — satisfies public interest criterion 4005.
[274] Subclause 855.225 (1)
substitute
(1) Each member of the family unit of the applicant who is an applicant for a Subclass 855 visa is a person who:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4009 and 4010; and
(b)if the person had turned 18 at the time of application — satisfies public interest criterion 4019; and
(c)either:
(i)if the applicant resides, or proposes to reside, in a participating State or Territory — satisfies public interest criterion 4007; or
(ii)if subparagraph (i) does not apply to the applicant — satisfies public interest criterion 4005.
[275] Clause 855.322
substitute
855.322The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4009 and 4010; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019; and
(c)either:
(i)if the applicant resides, or proposes to reside, in a participating State or Territory — satisfies public interest criterion 4007; or
(ii)if subparagraph (i) does not apply to the applicant — satisfies public interest criterion 4005.
[276] Clause 856.223
substitute
856.223(1) The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4009 and 4010; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
(2) The applicant also satisfies:
(a)either of the following:
(i)if the applicant was the holder, at the time of application, of:
(A)a Skilled — Independent Regional (Provisional) (Class UX) visa; or
(B)a Subclass 475 (Skilled — Regional Sponsored) visa; or
(C)a Subclass 487 (Skilled — Regional Sponsored) visa;
(ii)if the applicant resides or proposes to reside in a participating State or Territory;
public interest criterion 4007; or
(b)if paragraph (a) does not apply — public interest criterion 4005.
[277] Subclause 856.225 (1)
substitute
(1) Each member of the family unit of the applicant who is an applicant for a Subclass 856 visa is a person who:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4009 and 4010; and
(b)if the person had turned 18 at the time of application — satisfies public interest criterion 4019.
(1AA) Each member of the family unit of the applicant is a person who also satisfies:
(a)either of the following:
(i)if the applicant was the holder, at the time of application, of:
(A)a Skilled — Independent Regional (Provisional) (Class UX) visa; or
(B)a Subclass 475 (Skilled — Regional Sponsored) visa; or
(C)a Subclass 487 (Skilled — Regional Sponsored) visa;
(ii)if the applicant resides or proposes to reside in a participating State or Territory;
public interest criterion 4007; or
(b)if paragraph (a) does not apply — public interest criterion 4005.
[278] Clause 856.322
substitute
856.322(1) The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4009 and 4010; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
(2) The applicant also satisfies:
(a)either of the following:
(i)if the applicant was the holder, at the time of application, of:
(A)a Skilled — Independent Regional (Provisional) (Class UX) visa; or
(B)a Subclass 475 (Skilled — Regional Sponsored) visa; or
(C)a Subclass 487 (Skilled — Regional Sponsored) visa;
(ii)if the applicant resides or proposes to reside in a participating State or Territory;
public interest criterion 4007; or
(b)if paragraph (a) does not apply — public interest criterion 4005.
[279] Clause 857.223
substitute
857.223(1) The applicant satisfies:
(a)public interest criteria 4001, 4002, 4003, 4004, 4009 and 4010; and
(b)if the applicant had turned 18 at the time of application — public interest criterion 4019.
(2) The applicant also satisfies:
(a)either of the following:
(i)if the applicant was the holder, at the time of application, of:
(A)a Skilled — Independent Regional (Provisional) (Class UX) visa; or
(B)a Subclass 475 (Skilled — Regional Sponsored) visa; or
(C)a Subclass 487 (Skilled — Regional Sponsored) visa;
(ii)if the applicant resides or proposes to reside in a participating State or Territory;
public interest criterion 4007; or
(b)if paragraph (a) does not apply — public interest criterion 4005.
[280] Subclause 857.225 (1)
substitute
(1) Each member of the family unit of the applicant who is an applicant for a Subclass 857 visa is a person who:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4009 and 4010; and
(b)if the person had turned 18 at the time of application — satisfies public interest criterion 4019.
(1AA) Each member of the family unit of the applicant is a person who also satisfies:
(a)either of the following:
(i)if the applicant was the holder, at the time of application, of:
(A)a Skilled — Independent Regional (Provisional) (Class UX) visa; or
(B)a Subclass 475 (Skilled — Regional Sponsored) visa; or
(C)a Subclass 487 (Skilled — Regional Sponsored) visa;
(ii)if the applicant resides or proposes to reside in a participating State or Territory;
public interest criterion 4007; or
(b)if paragraph (a) does not apply — public interest criterion 4005.
[281] Clause 857.322
substitute
857.322(1) The applicant satisfies:
(a)public interest criteria 4001, 4002, 4003, 4004, 4009 and 4010; and
(b)if the applicant had turned 18 at the time of application — public interest criterion 4019.
(2) The applicant also satisfies:
(a)if the applicant:
(i)resides or proposes to reside in a participating State or Territory; or
(ii)was the holder, at the time of application, of:
(A)a Skilled — Independent Regional (Provisional) (Class UX) visa; or
(B)a Subclass 475 (Skilled — Regional Sponsored) visa; or
(C)a Subclass 487 (Skilled — Regional Sponsored) visa;
public interest criterion 4007; or
(b)if paragraph (a) does not apply — public interest criterion 4005.
[282] Clause 858.221
substitute
858.221The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[283] Subclause 858.223 (1)
substitute
(1) Each member of the family unit of the applicant who is an applicant for a Subclass 858 visa is a person who:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010; and
(b)if the person had turned 18 at the time of application — satisfies public interest criterion 4019.
[284] Clause 858.322
substitute
858.322The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[285] Clause 864.223, table, item 1, column 3, paragraph (b)
omit
4009 and 4010
insert
4009, 4010 and 4019
[286] Clause 864.223, table, item 2, column 3, paragraph (a)
omit
4009 and 4010; and
insert
4009, 4010 and 4019; and
[287] After paragraph 864.224 (a)
insert
(aa)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019; and
[288] Clause 864.227, table
substitute
|
Item |
If the applicant … |
the public interest criteria to be satisfied by the member of the family unit are … |
and if the member of the family unit has previously been in Australia, the special return criteria are … |
| 1 | was not the holder of a substituted Subclass 676 visa at the time of application |
(a) 4001, 4002, 4003, 4004, 4005, 4009 and 4010; and (b) if the applicant had turned 18 at the time of application — 4019 |
5001, 5002 and 5010 |
| 2 | was the holder of a substituted Subclass 676 visa at the time of application |
(a) 4001, 4002, 4003, 4009 and 4010; and (b) either: (i) 4007; or (ii) if the member of the family unit has previously held a Subclass 884 visa, such health checks as the Minister considers appropriate; and (c) if the applicant had turned 18 at the time of application — 4019 |
5001, 5002 and 5010 |
[289] Clause 864.323
substitute
864.323The applicant:
(a)satisfies public interest criteria 4001, 4002 and 4003; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[290] Clause 866.225
substitute
866.225The applicant:
(a)satisfies public interest criteria 4001, 4002 and 4003A; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[291] Clause 884.224, table
substitute
|
Item |
If the applicant … |
the public interest criteria to be satisfied by the applicant are ... |
| 1 | was not the holder of a substituted Subclass 676 visa at the time of application |
(a) 4001, 4002, 4003, 4004, 4005, 4009, 4010; and (b) if the applicant had turned 18 at the time of application — 4019 |
| 2 | was the holder of a substituted Subclass 676 visa at the time of application |
(a) 4001, 4002, 4003, 4007, 4009 and 4010; and (b) if the applicant had turned 18 at the time of application — 4019 |
[292] Clause 884.226, table
substitute
|
Item |
If the applicant … |
the public interest criteria to be satisfied by the member of the family unit are … |
and if the member of the family unit has previously been in Australia, the special return criteria are … |
| 1 | was not the holder of a substituted Subclass 676 visa at the time of application |
(a) 4001, 4002, 4003, 4004, 4005, 4009 and 4010; and (b) if the applicant had turned 18 at the time of application — 4019 |
5001, 5002 and 5010 |
| 2 | was the holder of a substituted Subclass 676 visa at the time of application |
(a) 4001, 4002, 4003, 4007, 4009 and 4010; and (b) if the applicant had turned 18 at the time of application — 4019 |
5001, 5002 and 5010 |
[293] Clause 884.323, table
substitute
|
Item |
If the applicant is a member of the family unit of a person who is mentioned in clause 884.321, and the person … |
the public interest criteria to be satisfied by the applicant are ... |
| 1 | was not the holder of a substituted Subclass 676 visa at the time of application |
(a) 4001, 4002, 4003, 4004, 4005, 4009 and 4010; and (b) if the applicant had turned 18 at the time of application — 4019 |
| 2 | was the holder of a substituted Subclass 676 visa at the time of application |
(a) 4001, 4002, 4003, 4007, 4009 and 4010; and (b) if the applicant had turned 18 at the time of application — 4019 |
[294] Clause 885.224
substitute
885.224The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4005 and 4010; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[295] After paragraph 885.226 (d)
insert
(da)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019; and
[296] Clause 885.322
substitute
885.322The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4005 and 4010; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[297] Clause 886.225
substitute
886.225The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4005 and 4010; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[298] After paragraph 886.227 (d)
insert
(da)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019; and
[299] Clause 886.322
substitute
886.322The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4005 and 4010; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[300] Clause 887.223
substitute
887.223The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4007 and 4010; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[301] After paragraph 887.225 (a)
insert
(aa)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019; and
[302] Clause 887.322
substitute
887.322The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4007 and 4010; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[303] Clause 890.222
substitute
890.222The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009 and 4010; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[304] Subclause 890.223 (1)
substitute
(1) Each member of the family unit of the applicant who is an applicant for a Subclass 890 visa is a person who:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4009 and 4010; and
(b)if the person had turned 18 at the time of application — satisfies public interest criterion 4019.
[305] Subclause 890.322 (1)
substitute
(1) The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4009 and 4010; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[306] Clause 891.223
substitute
891.223The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009 and 4010; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[307] Subclause 891.224 (1)
substitute
(1) Each member of the family unit of the applicant who is an applicant for a Subclass 891 visa is a person who:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4009 and 4010; and
(b)if the person had turned 18 at the time of application — satisfies public interest criterion 4019.
[308] Subclause 891.322 (1)
substitute
(1) The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4009 and 4010; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[309] Clause 892.223
substitute
892.223The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009 and 4010; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[310] Subclause 892.224 (1)
substitute
(1) Each member of the family unit of the applicant who is an applicant for a Subclass 892 visa is a person who:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4009 and 4010; and
(b)if the person had turned 18 at the time of application — satisfies public interest criterion 4019.
[311] Subclause 892.322 (1)
substitute
(1) The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4009 and 4010; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[312] Clause 893.224
substitute
893.224The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009 and 4010; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
[313] Subclause 893.225 (1)
substitute
(1) Each member of the family unit of the applicant who is an applicant for a Subclass 893 visa is a person who:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4009 and 4010; and
(b)if the person had turned 18 at the time of application — satisfies public interest criterion 4019.
[314] Subclause 893.322 (1)
substitute
893.322(1) The applicant:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4009 and 4010; and
(b)if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.
Part 2 Amendments of Schedule 4
[315] Part 1, after item 4018
insert in Part 1
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(1) The applicant has signed a statement (a values statement) in accordance with Part 3.
Note Part 3 sets out further provisions relating to values statements and the requirements for this criterion.
(2)However, if compelling circumstances exist, the Minister may decide that the applicant is not required to satisfy subclause (1).
[316] After Part 2
insert
Part 3 Requirements for public interest criterion 4019
3.1Values statement
Statement
-
For public interest criterion 4019, the Minister must, by instrument in writing, approve one or more values statements for the subclasses of visas specified in the instrument.
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A values statement must include provisions relating to:
(a)values that are important to Australian society; and
(b)matters concerning Australian citizenship (if relevant); and
(c)compliance with the laws of Australia.
(3)A values statement may include other provisions.
Signing values statement — Internet application
(4)For public interest criterion 4019, a values statement is taken to have been signed by an applicant who makes an Internet application if the instructions for signing the values statement are followed.
Note
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All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See
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