Document ID: chunk:federal_register_of_legislation:F2025C00115:schedule:2:p19
Version: federal_register_of_legislation:F2025C00115
Segment Type: schedule
Provision Reference: sch 2 (pt 19/80)
Character Range: 1249631–1252140

person); and
 (b) either:
 (i) the other person whose visa was cancelled has applied for review of the decision to cancel his or her visa; or
 (ii) the Minister is satisfied that that other person will make an application of that kind.
 (5A) An applicant meets the requirements of this subclause if:
 (a) the applicant held a visa that was cancelled under subsection 140(1), (2) or (3) of the Act because another person's visa was cancelled under section 137J of the Act; and
 (b) one of the following applies in relation to the person whose visa was cancelled under section 137J of the Act:
 (i) he or she has applied under section 137K of the Act for revocation of the cancellation of the visa;
 (ii) he or she has applied for merits review of a decision under section 137L of the Act not to revoke the cancellation of the visa;
 (iii) the Minister is satisfied that he or she will make an application of a kind mentioned in subparagraph (i) or (ii).
 (5B) An applicant meets the requirements of this subclause if the applicant:
 (a) is a person to whom section 48A of the Act applies; and
 (b) has made a request to the Minister to determine under section 48B of the Act that section 48A of the Act does not apply to prevent an application for a protection visa by the applicant; and
 (c) has not previously sought, or been the subject of a request by another person for:
 (i) a determination under section 48B of the Act; or
 (ii) the exercise of the Minister's power under section 351, or repealed section 417, of the Act.
 (6) An applicant meets the requirements of this subclause if:
 (a) the applicant is the subject of:
 (i) a decision in relation to an application made in Australia for a visa; or
 (ii) a decision to cancel a visa; and
 (b) in relation to the decision mentioned in paragraph (a), the applicant:
 (i) is the subject of a decision for which the Minister has the power to substitute a more favourable decision under section 351 of the Act; and
 (ii) has made a request to the Minister to substitute a more favourable decision under section 351, or repealed section 417, of the Act; and
 (c) the applicant has not previously sought, or been the subject of a request by another person for:
 (i) the exercise of the Minister's power under section 351, or repealed section 417, of the Act; or
 (ii) a determination under section 48B of the Act.
 (6AA) An applicant meets the requirements of this subclause if the Minister has decided, under section 351 or repealed section 417 of the Act,