Document ID: chunk:federal_register_of_legislation:F2025C00115:reg:5:p2
Version: federal_register_of_legislation:F2025C00115
Segment Type: reg
Provision Reference: reg 5 (pt 2/34)
Character Range: 274777–277615

the ART remits a matter in relation to the pre‑conversion application in accordance with paragraph 105(c) of the ART Act;
 (d) a court orders the Minister to reconsider the pre‑conversion application in accordance with the law;
 (e) 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;
 (f) a court quashes a decision of the Minister in relation to the pre‑conversion application.
 (2) To avoid doubt, for the purposes of subregulation (1), 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 the TPV/SHEV transition day:
 (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 Immigration Assessment Authority remitted a decision in relation to the pre‑conversion application in accordance with subsection 473CC(2) 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 415(2)(c) of the Act as in force when the matter was remitted;
 (iii) 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;
 (iv) a court ordered the Minister to reconsider the pre‑conversion application in accordance with the law;
 (v) 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;
 (vi) 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.
 (3) This regulation does not apply to a pre‑conversion application if there are proceedings, in relation to the application, in which:
 (a) judgment is reserved by a court as at immediately before the TPV/SHEV transition day; or
 (b) judgment has been delivered by a court before the TPV/SHEV transition day.
 (4) This regulation does not affect rights or liabilities arising between parties to proceedings, in relation to the application, in which:
 (a) judgment is reserved by a court as at immediately before the TPV/SHEV transition day; or
 (b) judgment has been delivered by a court before the TPV/SHEV transition day.

2.09  Oral applications for visas
 (1) If an item in Schedule 1 authorises oral application for a