Document ID: chunk:federal_register_of_legislation:F2025C00115:reg:4:p9
Version: federal_register_of_legislation:F2025C00115
Segment Type: reg
Provision Reference: reg 4 (pt 9/15)
Character Range: 739614–742209

referred to in subregulation (4AA); or
 (iii) a review of a decision under section 140GB of the Act not to approve the nomination of the non‑citizen is pending at the time the decision to refuse to grant the visa is made and the nominator was, at the time the decision under section 140GB was made, a person, body, company or partnership referred to in subregulation (4AA); or
 (iv) the non‑citizen did not seek to satisfy the primary criteria for the grant of the visa, and the grant of the visa was refused because the non‑citizen did not satisfy the secondary criteria for the grant of the visa; or
 (v) except if it is a criterion for the grant of the visa that the non‑citizen is identified in an approved nomination that has not ceased under regulation 2.75A—the non‑citizen is, at the time the decision to refuse to grant the visa is made, sponsored by an approved work sponsor and that sponsor is, at that time, a Commonwealth agency;
 (p) a decision to refuse to grant a Subclass 408 (Temporary Activity) visa to a non‑citizen, if:
 (i) the non‑citizen was outside Australia at the time of application; and
 (ii) the non‑citizen was sponsored, as referred to in paragraph (a) of the definition of passes the sponsorship test in clause 408.111 of Schedule 2, by a person, body, company or partnership referred to in subregulation (4AA);
 (q) a decision to refuse to grant a visa prescribed under subregulation (1A) to a non‑citizen if:
 (i) the non‑citizen did not seek to satisfy the primary criteria for the grant of the visa, and the grant of the visa was refused because the non‑citizen did not satisfy the secondary criteria for the visa; and
 (ii) the requirements of paragraphs 338(2)(a) to (c) of the Act are met in relation to the non‑citizen and the visa;
 (r) a decision to refuse to grant a Subclass 870 (Sponsored Parent (Temporary)) visa to a non‑citizen if the non‑citizen:
 (i) is outside Australia at the time of application; and
 (ii) is sponsored by a parent sponsor at the time the decision to refuse to grant the visa is made;
 (s) a decision to refuse to grant a Subclass 300 (Prospective Marriage) visa;
 (saa) a decision to refuse to grant a Subclass 309 (Partner (Provisional)) visa;
 (sa) a decision made after the commencement of this paragraph to refuse to grant a Subclass 445 (Dependent Child) visa if the visa was applied for by an applicant who was outside Australia when the application was made;
 (t) a decision made after 23 March 2021 to refuse to grant a Subclass 173 (Contributory Parent (Temporary)) visa to a non‑citizen (other than a contributory