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(2) An applicant meets the requirements of this subclause if the applicant is:

(a) a dependent child of a person who has applied for a Partner (Residence) (Class BS) visa; or

(b) a member of the family unit of a person who:

(i) is the holder of, or has been the holder of, a Subclass 300 (Prospective Marriage) visa; and

(ii) has applied for a Partner (Residence) (Class BS) visa;

and the Minister has not decided to grant or refuse to grant a visa to the person.

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

(a) the applicant is the holder of a Subclass 820 (Partner) visa which the Minister has decided, under section 351 or 501J, or repealed section 417, of the Act, to grant to the applicant; and

(b) the applicant is a member of the family unit of a person who:

(i) is the holder of a Subclass 820 (Partner) visa; and

(ii) has applied for a Partner (Residence) (Class BS) visa; and

(c) the Minister has not decided to grant or refuse to grant a visa to the person.

801.32—Criteria to be satisfied at time of decision

801.321

An applicant meets the requirements of this clause if:

(a) any of the following applies:

(i) the applicant is the holder of:

(A) a Subclass 445 (Dependent Child) visa; or

(C) a Subclass 820 (Partner) visa;

(ii) the applicant was the holder of:

(A) a Subclass 445 visa; or

(B) a Subclass 820 visa;

which ceased on notification of a decision to refuse a Subclass 801 visa to the person of whom the applicant is a dependent child or of whose family unit the applicant is a member;

(iii) the applicant is a person:

(A) who holds:

(I) a Subclass 445 (Dependent Child) visa; or

(II) a Subclass 820 (Spouse) visa; or

(III) a Subclass 820 (Partner) visa;

which the Minister has decided, under section 351 or 501J, or repealed section 417, of the Act, to grant to the applicant; and

(B) who, at the time the visa mentioned in sub‑subparagraph (A) was granted, was the dependent child, or a member of the family unit, as the case requires, of another person who was the holder of a Subclass 445 (Dependent Child) visa, Subclass 820 (Spouse) visa or Subclass 820 (Partner) visa; and

(b) that other person has been granted a Subclass 801 visa.

801.323

(1) The applicant:

(a) subject to subclause (2)—satisfies public interest criteria 4001, 4002, 4003, 4004, 4007 and 4009; and