Document ID: chunk:federal_register_of_legislation:F2025C00115:reg:5:p26
Version: federal_register_of_legislation:F2025C00115
Segment Type: reg
Provision Reference: reg 5 (pt 26/34)
Character Range: 333876–336694

(e) in respect of whom the Minister is satisfied that:
 (i) arrangements have been made between the non‑citizen and an Australian citizen, Australian permanent resident or eligible New Zealand citizen for the care and welfare of the non‑citizen; and
 (ii) those arrangements are in the best interests of the non‑citizen; and
 (iii) the grant of a visa to the non‑citizen would not prejudice the rights and interests of any person who has, or may reasonably be expected to have, custody or guardianship of, or access to, the non‑citizen.
 (8) This subregulation applies to a non‑citizen:
 (a) who:
 (i) was refused immigration clearance; or
 (ii) bypassed immigration clearance and came to the notice of Immigration as an unlawful non‑citizen within 45 days of entering Australia; and
 (b) if:
 (i) the non‑citizen made a protection visa application that is not finally determined; or
 (ii) the non‑citizen applied for judicial review of a decision to refuse a protection visa; or
 (iii) the Minister has applied for judicial review of a decision in relation to the non‑citizen's protection visa application; and
 (c) who has turned 75; and
 (d) in respect of whom the Minister is satisfied that adequate arrangements have been made for his or her support in the community.
 (9) This subregulation applies to a non‑citizen:
 (a) who:
 (i) was refused immigration clearance; or
 (ii) bypassed immigration clearance and came to the notice of Immigration as an unlawful non‑citizen within 45 days of entering Australia; and
 (b) if:
 (i) the non‑citizen made a protection visa application that is not finally determined; or
 (ii) the non‑citizen applied for judicial review of a decision to refuse a protection visa; or
 (iii) the Minister has applied for judicial review of a decision in relation to the non‑citizen's protection visa application; and
 (c) who has a special need (based on health or previous experience of torture or trauma) in respect of which a medical specialist appointed by Immigration has certified that the non‑citizen cannot properly be cared for in a detention environment; and
 (d) in respect of whom the Minister is satisfied that adequate arrangements have been made for his or her support in the community.
 (10) This subregulation applies to a non‑citizen:
 (a) who:
 (i) was refused immigration clearance; or
 (ii) bypassed immigration clearance and came to the notice of Immigration as an unlawful non‑citizen within 45 days of entering Australia; and
 (b) if:
 (i) the non‑citizen made a protection visa application that is not finally determined; or
 (ii) the non‑citizen applied for judicial review of a decision to refuse a protection visa; or
 (iii) the Minister has applied for judicial review of a decision in relation to the non‑citizen's substantive visa application; and
 (c) who