Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:3_3004
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 3 cl 3004
Character Range: 2364231–2366189

3004  If the applicant:
 (a) ceased to hold a substantive or criminal justice visa on or after 1 September 1994; or
 (b) entered Australia unlawfully on or after 1 September 1994 and has not subsequently been granted a substantive visa;
the Minister is satisfied that:
 (c) the applicant is not the holder of a substantive visa because of factors beyond the applicant's control; and
 (d) there are compelling reasons for granting the visa; and
 (e) the applicant has complied substantially with:
 (i) the conditions that apply or applied to:
 (A) the last of any entry permits held by the applicant (other than a condition of which the applicant was in breach solely because of the expiry of the entry permit); and
 (B) any subsequent bridging visa; or
 (ii) the conditions that apply or applied to:
 (A) the last of any substantive visas held by the applicant (other than a condition of which the applicant was in breach solely because the visa ceased to be in effect); and
 (B) any subsequent bridging visa; and
 (f) either:
 (i) in the case of an applicant referred to in paragraph (a)—the applicant would have been entitled to be granted a visa of the class applied for if the applicant had applied for the visa on the day when the applicant last held a substantive or criminal justice visa; or
 (ii) in the case of an applicant referred to in paragraph (b)—the applicant would have satisfied the criteria (other than any Schedule 3 criteria) for the grant of a visa of the class applied for on the day when the applicant last entered Australia unlawfully; and
 (g) the applicant intends to comply with any conditions subject to which the visa is granted; and
 (h) if the last visa (if any) held by the applicant was a transitional (temporary) visa, that visa was not subject to a condition that the holder would not, after entering Australia, be entitled to be granted an entry permit, or a further entry permit, while the holder remained in Australia.