Document ID: chunk:federal_register_of_legislation:F2025C00115:schedule:2:p7
Version: federal_register_of_legislation:F2025C00115
Segment Type: schedule
Provision Reference: sch 2 (pt 7/80)
Character Range: 1219527–1222393

re‑enter Australia during the processing of that application; and
 (d) the Minister is satisfied that the applicant's reasons for wishing to do so are substantial.
 (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
 (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, and the judicial review proceedings (including proceedings on appeal, if any) have not been completed; 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 the substantive visa application mentioned in subparagraph (i); and
 (d) the applicant wishes to leave and re‑enter Australia during the judicial proceedings; and
 (e) the Minister is satisfied that the applicant's reasons for wishing to do so are substantial.
 (4) 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) the application has not been finally determined; and
 (c) the applicant wishes to leave and re‑enter Australia during the processing of that application; and
 (d) the Minister is satisfied that the applicant's reasons for wishing to do so are substantial.
 (5) 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 the substantive visa application mentioned in subparagraph (i); and
 (d) the judicial review proceedings (including proceedings on appeal, if any) are not completed; and
 (e) the applicant wishes to leave and re‑enter Australia during those proceedings; and
 (f) the Minister is satisfied that the applicant's reasons for wishing to do so are substantial.

020.213
  The applicant's return to Australia would not be contrary to the public interest.
020.22—Criteria to be satisfied at the time of decision

020.221
  The applicant continues to satisfy the criteria set out in clauses