Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:2_5:p46
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 2 cl 5 (pt 46/68)
Character Range: 1991940–1994681

or
 (ii) if the applicant did not hold a substantive temporary visa at the time of application:
 (A) the last substantive temporary visa held by the applicant was not a visa mentioned in paragraph (a); and
 (B) the applicant satisfies Schedule 3 criteria 3001, 3003, 3004 and 3005; and
 (b) the applicant has complied substantially with the conditions that apply or applied to the last of any substantive visas held by the applicant, and to any subsequent bridging visa.
676.22—Criteria to be satisfied at time of decision

676.221
 (1) The applicant meets the requirements of subclause (2) or (3).
 (2) An applicant meets the requirements of this subclause if:
 (a) the applicant satisfies the Minister that the applicant's expressed intention to only visit Australia is genuine; and
 (b) the applicant continues to satisfy the criteria in clauses 676.212 and 676.213; and
 (c) either:
 (i) if the applicant has not turned 18, public interest criteria 4001, 4002, 4003, 4004, 4005, 4011, 4012, 4013, 4014, 4017, 4018 and 4021 are satisfied in relation to the applicant; or
 (ii) if the applicant has turned 18, public interest criteria 4001, 4002, 4003, 4004, 4005, 4011, 4013, 4014 and 4021 are satisfied in relation to the applicant; and
 (e) if the applicant is in Australia:
 (i) the applicant continues to satisfy the criteria in paragraph 676.215(b); and
 (ii) the Minister is satisfied that the applicant intends to comply with any conditions subject to which the visa is granted; and
 (iii) if the applicant is the holder of a student visa, or has been the holder of a student visa since last entering Australia—the Minister is satisfied that:
 (A) the period of the applicant's stay in Australia is not sought for the purpose of commencing a registered course; and
 (B) the period of the applicant's stay in Australia is not sought for the purpose of continuing or completing a registered course in which the applicant is enrolled.
 (3) An applicant meets the requirements of this subclause if:
 (a) the applicant is in Australia; and
 (b) the application was not an oral application; and
 (c) the application was not made on form 601E; and
 (d) the applicant satisfies the Minister that the applicant's expressed intention to only visit Australia is genuine; and
 (e) the applicant continues to satisfy the criteria in clause 676.212; and
 (f) either:
 (i) the applicant has compelling personal reasons for the grant of the visa; or
 (ii) each of the following applies:
 (A) the applicant is suffering financial hardship as a result of changes in the applicant's circumstances after entering Australia;
 (B) the applicant, or a member of the applicant's immediate family, is likely to become a charge on public funds in Australia;