Document ID: chunk:federal_register_of_legislation:F2025C00115:schedule:2:p18
Version: federal_register_of_legislation:F2025C00115
Segment Type: schedule
Provision Reference: sch 2 (pt 18/80)
Character Range: 1247194–1249855

a kind referred to in paragraph (b), (ba) or (bb); or
 (d) the applicant has applied for judicial review of the validity of a law that affects:
 (i) the applicant's eligibility to apply for a substantive visa; or
 (ii) the applicant's entitlement to be granted or to continue to hold a substantive visa.
 (4AAA) An applicant meets the requirements of this subclause if the applicant has applied for:
 (a) a declaration from a court that the Act does not apply to the applicant; or
 (b) judicial review or merits review of a decision made in relation to the applicant under the Australian Citizenship Act 2007;
and the proceedings for the declaration or review have not been completed.
 (4AA) An applicant meets the requirements of this subclause if:
 (a) the applicant is a member of the family unit of a person whose substantive visa application is the subject of the judicial review proceedings mentioned in:
 (i) paragraph (3A)(b); or
 (ii) paragraph (4)(a); or
 (iii) paragraph (4)(aa); or
 (iv) paragraph (4)(d); and
 (b) the person whose substantive visa application is the subject of the judicial review proceedings is not a party to a representative proceeding; and
 (c) the applicant made a substantive visa application that was combined with the substantive visa application mentioned in:
 (i) paragraph (3A)(a); or
 (ii) subclause (4).
 (4AB) An applicant meets the requirements of this subclause if the applicant is:
 (a) a member of the immediate family of a person who meets the requirements of subclause (4AAA); or
 (b) a brother or sister who has not turned 18, of a person who:
 (i) meets the requirements of subclause (4AAA); and
 (ii) has not turned 18.
Note: Regulation 1.12AA defines member of the immediate family.
 (4A) For the purposes of subclauses (3A), (4) and (4AAA), the applicant is taken to have applied for judicial review if the applicant:
 (a) is described or identified, in an application or document filed for the purposes of section 33H of the Federal Court of Australia Act 1976, as a group member to whom a representative proceeding relates; or
 (b) is a person on whose behalf or for whose benefit a person sues under rule 21.09.1 of the High Court Rules 2004.
 (5) An applicant meets the requirements of this subclause if:
 (a) he or she held a visa that was cancelled under subsection 140(1) or (3) of the Act (which deals with cancellation because of the cancellation of a visa held by another 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