Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section applies to a non - citizen in Australia (the family applicant ):
(a) who applies for a protection visa; and
(b) who is a member of the same family unit as a person (the family visa holder ) who has been granted a protection visa.
(2) Despite anything else in this Act, the Minister must not grant the protection visa to the family applicant on the basis of a criterion mentioned in paragraph 36(2)(b) or (c) unless the family applicant applies for the protection visa before the family visa holder is granted a protection visa.