Document ID: chunk:federal_register_of_legislation:F2025C00115:reg:5:p1
Version: federal_register_of_legislation:F2025C00115
Segment Type: reg
Provision Reference: reg 5 (pt 1/9)
Character Range: 243912–246720

5     The circumstance specified in subregulation (3A) exists for the person                                                                                An offer of a permanent stay in Australia is made to the person by the Australian Government                                                                                                           The person indicates to an authorised officer that he or she accepts the offer of a permanent stay in Australia  The authorised officer endorses, in writing, the person's acceptance of the offer

 (3A) The circumstance specified in this subregulation exists for a person if the Minister has issued a certificate stating that, by reason of the High Court's decision in Love v Commonwealth; Thoms v Commonwealth (2020) 270 CLR 152:
 (a) if the person is in the migration zone:
 (i) the person has been released from immigration detention; or
 (ii) the person has not been taken into immigration detention; or
 (iii) the person, based on the information known to the Minister at the date of the certificate, will not be taken into immigration detention; or
 (b) otherwise—the Minister is satisfied, based on the information known to the Minister at the date of the certificate, that the person could not be detained under section 189 of the Act if the person were in the migration zone.
 (4) If:
 (a) the application for the Resolution of Status (Class CD) visa is taken to have been validly made because the criteria in item 1 or 2 of the table in subregulation (3) have been satisfied; and
 (b) the application for the Protection (Class XA) visa mentioned in the item was made before 9 August 2008;
the application is taken to have been made on 9 August 2008.
 (5) If:
 (a) the application for the Resolution of Status (Class CD) visa is taken to have been validly made because the criteria in item 1 or 2 of the table in subregulation (3) have been satisfied; and
 (b) the application for the protection visa mentioned in the item is made on or after 9 August 2008;
the application is taken to have been made when the application for the protection visa is made.
 (6) If the application for the Resolution of Status (Class CD) visa is taken to have been validly made because the criteria in item 3, 4 or 5 of the table in subregulation (3) have been satisfied, the application is taken to have been made when the authorised officer endorses the person's acceptance of the offer as described in the item.
 (7) Subregulation (2) applies whether or not the applicant holds, or held, a Subclass 447 (Secondary Movement Offshore Entry (Temporary)) visa, a Subclass 451 (Secondary Movement Relocation (Temporary)) visa, a Subclass 695 (Return Pending) visa or a Subclass 785 (Temporary Protection) visa granted before 9 August 2008 that is, or was, subject to