Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:2_2:p9
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 2 cl 2 (pt 9/178)
Character Range: 1445799–1448756

held concurrently with the permanent visa or the permanent entry permit); or
 (B) a bridging visa; and
 (b) either:
 (i) has compelling and compassionate reasons for departing Australia; or
 (ii) if outside Australia, had compelling and compassionate reasons for his or her last departure from Australia.
 (3) The applicant meets the requirements of this subclause if the applicant is a member of the family unit of a person who:
 (a) has been granted a Subclass 157 visa and that visa is still in effect; or
 (b) meets the requirements of subclause (2) and has lodged a separate application for a Return (Residence) (Class BB) visa.

157.213
  If the applicant is outside Australia, the applicant has not been absent from Australia for a continuous period of more than 3 months immediately before making the application for the visa, unless the Minister is satisfied that there are compelling and compassionate reasons for the absence.
157.22—Criteria to be satisfied at time of decision

157.221
  If the applicant is outside Australia, the applicant satisfies special return criterion 5001.

157.222
  The applicant satisfies public interest criterion 4021.
157.3—Secondary criteria:   Nil.
Note: All applicants must satisfy the primary criteria.
157.4—Circumstances applicable to grant

157.411
  The applicant may be in or outside Australia, but not in immigration clearance, at the time of grant.
157.5—When visa is in effect

157.511
  Permanent visa permitting the holder to travel to and enter Australia for a period of 3 months from the date of grant.
157.6—Conditions:   Nil.

Subclass 159—Provisional Resident Return
159.1—Interpretation
Note: Australian permanent resident is defined in regulation 1.03.
159.2—Primary criteria
159.21—Criteria to be satisfied at time of application

159.211A
  The applicant satisfies:
 (a) clauses 159.211, 159.212, 159.212A and 159.213; or
 (b) clause 159.214 (which applies in relation to some former holders of Norfolk Island immigration permits).

159.211
  The applicant claims, but is unable to prove, that immediately before going overseas he or she was:
 (a) an Australian permanent resident; or
 (b) an Australian citizen who was usually resident in Australia.

159.212
  If the applicant could prove that claim, the applicant would satisfy the criteria for the grant of a Subclass 155 or 157 visa.

159.212A
  The Minister is satisfied that the applicant is not an Australian citizen.

159.213
  The applicant gives the Minister a written statement that satisfies the Minister that:
 (a) the applicant has urgent and compelling reasons for travelling to Australia before proving the claim; and
 (b) entry of the applicant to Australia before the claim is proved will not prejudice the interests of Australia; and
 (c) there are reasonable grounds for believing that the claim can be proved.

159.214
 (1) This clause applies if paragraph 1216(3A)(a) or (b) of Schedule 1 covers the application.
Note: