How do public interest criteria affect my visa application?

In Plain English

Public interest criteria are basically a set of standards the government uses to decide if letting someone into Australia is in the best interest of the country. These criteria cover things like your health, criminal record, and whether you've been honest in your dealings with the government. For many visas, you and your family members (whether they're applying for a visa with you or not) need to meet these criteria. If you don't, your visa application could be refused.

Detailed Explanation

Several sections within the Migration Regulations 1994 outline the importance of satisfying public interest criteria for various visa subclasses.

For example, in relation to Subclass 188 visas:

• Primary Applicants: Migration Regulations 1994 section 188.284 states that the applicant and each member of the applicant's family unit who is also applying for a Subclass 188 visa must satisfy public interest criterion 4005. Furthermore, each member of the applicant's family unit who is not applying for a Subclass 188 visa must also satisfy public interest criterion 4005, unless it would be unreasonable to require the member to undergo assessment in relation to the criterion.
• Secondary Applicants: Migration Regulations 1994 section 188.312 specifies the public interest criteria that family members of a primary applicant must meet to be granted a Subclass 188 visa. These criteria vary depending on the applicant's age and the stream under which the primary applicant is applying. For instance, applicants who have turned 18 must satisfy public interest criterion 4019, while those under 18 must satisfy criteria 4017 and 4018. If the primary applicant holds a Subclass 188 visa in certain streams (Business Innovation, Investor, Significant Investor, Premium Investor, or Entrepreneur), the secondary applicant must also satisfy public interest criterion 4005.

Similarly, for Subclass 888 visas, Migration Regulations 1994 section 888.215 outlines the public interest criteria that the primary applicant and their family members must satisfy. These criteria include 4001, 4002, 4003, 4004, 4007, 4010, 4020, and 4021. If the primary applicant was 18 or older at the time of application, they must also satisfy public interest criterion 4019. Family members who are not applicants for a Subclass 888 visa must satisfy public interest criteria 4001, 4002, 4003, and 4004, and satisfy 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, as per Migration Regulations 1994 section 888.215A.

For Subclass 202 visas, Migration Regulations 1994 section 202.323 states that the applicant must satisfy public interest criteria 4001, 4002, 4003, 4004, 4007, 4009 and 4010. If the applicant had turned 18 at the time of application, they must also satisfy public interest criterion 4019.

Failure to meet the relevant public interest criteria can result in the refusal of the visa application, as indicated in Migration Act 1958 section 65(1)(a)(iii).