Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:2_2:p2
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 2 cl 2 (pt 2/40)
Character Range: 2114825–2117528

(Class BB) visa when he or she was granted the Border (Temporary) (Class TA) visa; or
 (d) is the holder of a Class 301 (Australian requirement) entry permit or visa granted under the Migration (1993) Regulations and has satisfied the criteria referred to in paragraph 301.321 (b) of Schedule 2 of those Regulations.

808.212
  In the case of an applicant who is the holder of a Subclass 302 visa, all members of the family unit of the applicant satisfy the public interest criteria applicable to them.

808.213
 (1) This clause applies if paragraph 1111(2A)(b), (c) or (d) of Schedule 1 covers the application.
Note: Paragraphs 1111(2A)(b), (c) and (d) of Schedule 1 cover applications made on the basis of the former migration status under the Immigration Act 1980 (Norfolk Island) of the applicant or a parent of the applicant.
 (2) The application must be made before 1 January 2024, unless the Minister is satisfied that there are compelling reasons for granting the visa.
 (3) During a period of, or periods that total, not less than 5 years in the period of 7 years immediately before the application is made (including any period, or part of a period, before 30 June 2016), the applicant meets the requirements of subclause (4).
 (4) The applicant meets the requirements of this subclause during any period or periods while:
 (a) the applicant is (or has been) lawfully present in Norfolk Island; or
 (b) the applicant is (or has been) lawfully present in a place elsewhere in Australia, and:
 (i) has not turned 25; and
 (ii) is a dependent child of a person who is ordinarily resident in Norfolk Island; and
 (iii) lives (or has lived) in that place for the purpose of study; and
 (iv) while living there, meets (or met) the requirements mentioned in condition 8105 (which relates to students engaging in work).
Note 1: An applicant can meet the requirements of subclause (4) by a combination of periods to which either paragraph (4)(a) or (4)(b) applies, if the total duration of that combination of periods amounts to not less than 5 years.
Note 2: Condition 8105 is not imposed on the visa.
808.22—Criteria to be satisfied at time of decision

808.221A
  The applicant satisfies:
 (a) clauses 808.221 and 808.222; or
 (b) clause 808.223 (which applies to some former holders of Norfolk Island immigration permits).

808.221
  In the case of an applicant who is a member of the family unit of a person referred to in subparagraph 808.211(b)(ii), the person referred to in that subparagraph holds a Confirmatory (Residence) (Class AK) visa.

808.222
  The applicant satisfies public interest criterion 4021.

808.223
 (1) This clause applies if paragraph 1111(2A)(b), (c) or (d) of Schedule 1