Document ID: chunk:federal_register_of_legislation:F2025C00115:reg:5:p8
Version: federal_register_of_legislation:F2025C00115
Segment Type: reg
Provision Reference: reg 5 (pt 8/9)
Character Range: 261521–264390

remitted;
 (ii) the Administrative Appeals Tribunal remits a matter in relation to the pre‑conversion application in accordance with paragraph 43(1)(c) of the Administrative Appeals Tribunal Act 1975 as in force when the matter is remitted;
 (iia) the ART remits a matter in relation to the pre‑conversion application in accordance with subsection 349(2) of the Act;
 (iib) the ART remits a matter in relation to the pre‑conversion application in accordance with paragraph 105(c) of the ART Act;
 (iii) a court orders the Minister to reconsider the pre‑conversion application in accordance with the law;
 (iv) a court declares or concludes (with or without formal declaration) that a decision of the Minister in relation to the pre‑conversion application is invalid, void or of no effect;
 (v) a court quashes a decision of the Minister in relation to the pre‑conversion application.
 (4) To avoid doubt, for the purposes of subregulation (3), the Minister is taken not to have made a decision in relation to a pre‑conversion visa application under section 65 of the Act if, before 16 December 2014:
 (a) the Minister had made a decision in relation to the pre‑conversion application under section 65 of the Act; and
 (b) one of the following events occurred after the Minister made that decision:
 (i) the Refugee Review Tribunal remitted a matter in relation to the pre‑conversion application in accordance with paragraph 415(2)(c) of the Act as in force when the matter was remitted;
 (ii) the Administrative Appeals Tribunal remitted a matter in relation to the pre‑conversion application in accordance with paragraph 43(1)(c) of the Administrative Appeals Tribunal Act 1975 as in force when the matter was remitted;
 (iii) a court ordered the Minister to reconsider the pre‑conversion application in accordance with the law;
 (iv) a court declared or concluded (with or without formal declaration) that a decision of the Minister in relation to the pre‑conversion application was invalid, void or of no effect;
 (v) a court quashed a decision of the Minister in relation to the pre‑conversion application; and
 (c) after the occurrence of the event mentioned in paragraph (b), the Minister had not made another decision in relation to the pre‑conversion application.
Note: This regulation commenced on 16 December 2014.

2.08G  Certain applications for Subclass 785 (Temporary Protection) visas and Subclass 790 (Safe Haven Enterprise) visas taken to be applications for Resolution of Status (Class CD) visas
 (1) For the purposes of section 45AA of the Act, despite anything else in the Act but subject to subregulations (3) and (4) of this regulation, a valid application (a pre‑conversion application) for a Subclass 785 (Temporary Protection) visa or a Subclass 790 (Safe Haven Enterprise) visa made before the TPV/SHEV transition day by an applicant described