Document ID: chunk:federal_register_of_legislation:F2025C00115:schedule:2:p20
Version: federal_register_of_legislation:F2025C00115
Segment Type: schedule
Provision Reference: sch 2 (pt 20/80)
Character Range: 1251908–1254585

repealed section 417, of the Act; or
 (ii) a determination under section 48B of the Act.
 (6AA) An applicant meets the requirements of this subclause if the Minister has decided, under section 351 or repealed section 417 of the Act, to substitute a more favourable decision for the decision of the Administrative Appeals Tribunal or the ART but the applicant cannot, for the time being, be granted a substantive visa because of a determination under section 85 of the Act.
 (6A) An applicant meets the requirements of this subclause if:
 (a) the applicant holds a Bridging E (Class WE) visa granted on the basis of the applicant meeting the requirements of subclause (6AA); and
 (b) the Minister has decided, under section 351 or repealed section 417 of the Act, to substitute a more favourable decision for the decision of the Administrative Appeals Tribunal or the ART but the applicant cannot, for the time being, be granted a substantive visa because of a determination under section 85 of the Act; and
 (c) the Minister is satisfied that the applicant has a compelling need to work.
 (7) An applicant meets the requirements of this subclause if:
 (a) the applicant is in criminal detention; and
 (b) no criminal justice stay certificate or criminal justice stay warrant about the applicant is in force.
 (8) An applicant meets the requirements of this subclause if:
 (a) the applicant holds a Bridging E (Class WE) visa that:
 (i) was granted as a result of a valid application, made in Australia, for a substantive visa of a kind that could be granted if the applicant was in Australia; and
 (ii) is subject to condition 8101; and
 (b) the Minister is satisfied that the applicant has a compelling need to work; and
 (c) in the case of an applicant who was an applicant for a protection visa—either:
 (i) the reasons for the delay in making the application for a protection visa are acceptable to the Minister; or
 (ii) the applicant is in a class of persons specified by the Minister by instrument in writing for this subparagraph.
 (9) An applicant meets the requirements of this subclause if:
 (a) the applicant has made a valid application for a Partner (Migrant) (Class BC) visa; and
 (b) that application was refused; and
 (c) either:
 (i) the applicant, or the Minister, has applied, within statutory time limits, for judicial review of a decision in relation to the applicant's substantive visa application; or
 (ii) the applicant:
 (A) is a member of the family unit of a person whose substantive visa application is the subject of the judicial review proceedings mentioned in subparagraph (i); and
 (B) made a substantive visa application that was combined with