Document ID: chunk:federal_register_of_legislation:F2025C00115:schedule:2:p17
Version: federal_register_of_legislation:F2025C00115
Segment Type: schedule
Provision Reference: sch 2 (pt 17/80)
Character Range: 1244779–1247416

non‑citizen of the kind set out in subregulation 2.20(7), (8), (9), (10), (11), (17), (18) or (19).

050.212
 (1) The applicant meets the requirements of subclause (2), (3), (3A), (4), (4AAA), (4AA), (4AB), (5), (5A), (5B), (6), (6AA), (6A), (7), (8) or (9).
 (2) An applicant meets the requirements of this subclause if the Minister is satisfied that the applicant is making, or is the subject of, acceptable arrangements to depart Australia.
 (3) An applicant meets the requirements of this subclause if:
 (a) the applicant has made, in Australia, a valid application for a substantive visa of a kind that can be granted if the applicant is in Australia and that application has not been finally determined; or
 (b) the Minister is satisfied that the applicant will apply, in Australia, within a period allowed by the Minister for the purpose, for a substantive visa of a kind that can be granted if the applicant is in Australia.
 (3A) An applicant meets the requirements of this subclause if:
 (a) the applicant has made, in Australia, a valid application for a substantive visa of a kind that can be granted if the applicant is in Australia; and
 (b) either:
 (i) the applicant has applied for judicial review of a decision to refuse to grant the visa and the judicial proceedings (including any proceedings on appeal) have not been completed; or
 (ii) the Minister has applied for judicial review of a decision in relation to a refusal to grant the applicant's substantive visa, and the judicial review proceedings (including any proceedings on appeal) have not been completed.
 (4) An applicant meets the requirements of this subclause if:
 (a) the applicant has applied for judicial review of a decision in relation to a substantive visa, other than a decision to refuse to grant a visa; or
 (aa) the Minister has applied for judicial review of a decision in relation to the applicant's substantive visa application, other than a decision relating to a refusal to grant the substantive visa; or
 (b) the applicant has applied for merits review of a decision to cancel a visa; or
 (ba) the applicant has applied under section 137K of the Act for revocation of the cancellation of a visa; or
 (bb) the applicant has applied for merits review of a decision under section 137L of the Act not to revoke the cancellation of a visa; or
 (c) the Minister is satisfied that the applicant will make an application of a kind referred to in paragraph (b), (ba) or (bb); or
 (d) the applicant has applied for judicial review of the validity of a law that affects:
 (i) the applicant's eligibility to apply for a substantive visa; or
 (ii) the