Commonwealth Numbered Regulations

1995 No. 117 MIGRATION REGULATIONS (AMENDMENT) - REG 36

36.1 Clause 840.321: Omit the clause, substitute:

"840.321 (1) The applicant meets the requirements of subclause (2), (3) or
(4).

"(2) An applicant meets the requirement of this subclause if the applicant is
a member of the family unit of a person (in this clause called 'the
non-dependent holder') who, having satisfied the primary criteria, is the
holder of a Subclass 840 visa.



"(3) An applicant meets the requirements of this subclause if:

   (a)  the applicant is the spouse of the non-dependent holder; and

   (b)  the relationship between the non-dependent holder and the applicant
        has ceased; and

   (c)  1 or more of the following:

        (i)    the applicant;

        (ii)   a member of the family unit of the applicant who has made a
               combined application with the non-dependent holder;

        (iii)  a dependent child of the applicant or of the non-dependent
               holder; has suffered domestic violence committed by the
               non-dependent holder.



"(4) An applicant meets the requirements of this subclause if:

   (a)  the applicant is a member of the family unit of the spouse of the
        non-dependent holder; and

   (b)  the spouse meets the requirements of subclause (3); and

   (c)  the applicant has made a combined application with the non-dependent
        holder; and

   (d)  the spouse has been granted a Subclass 840 visa. (NOTE: For special
        provisions relating to domestic violence, see Division 1.5.)".