Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:2_5:p53
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 2 cl 5 (pt 53/68)
Character Range: 2010471–2013343

the holder as a person referred to in paragraph 773.213(1)(d).
773.22—Criteria to be satisfied at time of decision

773.221
  If the application is made in Australia and the applicant seeks immigration clearance, the applicant continues to satisfy the criteria in clauses 773.212 to 773.216.

773.222
  The applicant satisfies:
 (a) public interest criteria 4001, 4002, 4003, 4004, 4005 and 4012; and
 (b) if the applicant is not a person described in sub‑subparagraph 773.213(1)(d)(i)(A) or (B)—public interest criteria 4013 and 4014.

773.223
  If the application is made in Australia and the applicant seeks immigration clearance, and has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.

773.224
  If the application is made in Australia after immigration clearance:
 (a) the Subclass 773 visa held by the applicant was granted subject to the satisfaction of a requirement or condition before the expiry of a period specified in the visa and that requirement has not been satisfied; and
 (b) the applicant establishes that it was not possible to satisfy the requirement or condition before expiry of the period; and
 (c) the Minister is satisfied that it would be unreasonable to require the person to leave Australia.

773.225
 (1) If the applicant is a Foreign Affairs student or a Foreign Affairs recipient, the applicant has the support of the Foreign Minister for the grant of the visa.
 (2) The Minister may waive the requirements of subclause (1) if the Minister is satisfied that, in the particular case, waiver is justified by:
 (a) compelling circumstances that affect the interests of Australia; or
 (b) compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.

773.226
  If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.
773.3—Secondary criteria: Nil.
Note: All applicants must satisfy the primary criteria.
773.4—Circumstances applicable to grant

773.411
  When visa is granted, the applicant must be:
 (a) in Australia and in immigration clearance; or
 (b) in Australia after immigration clearance.
773.5—When visa is in effect

773.511
  Temporary visa:
 (a) either:
 (i) coming into effect on grant; or
 (ii) providing that if:
 (A) the applicant holds another substantive visa, other than:
 (I) a Special Purpose visa; or
 (II) a Subclass 988 (Maritime Crew) visa;
  that is in effect at the date of grant; and
 (B) the other substantive visa ceases during the period beginning at the grant of this visa and ending at the end of the period specified in this visa;
  this visa comes into effect when the other substantive visa ceases; and
 (b) permitting the holder to remain in Australia for a period specified by the Minister, not