Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:1_5
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 1 cl 5
Character Range: 1132712–1133926

5             If an applicant is in Australia and does not hold a substantive visa:
              (a) the applicant must have held a substantive visa; and
              (b) the last substantive visa held by the applicant must not have been:
              (i) a Subclass 403 (Temporary Work (International Relations)) visa in the Domestic Worker (Diplomatic or Consular) stream; or
              (ii) a Subclass 771 (Transit) visa; or
              (iii) a special purpose visa; and
              (c) the application must be made:
              (i) within 28 days after the day when the last substantive visa held by the applicant ceased to be in effect; or
              (ii) if that last substantive visa was cancelled, and the ART has made a decision to set aside and substitute the cancellation decision or the Minister's decision not to revoke the cancellation—within 28 days after the day when:
              (A) if the ART's decision is given to the applicant orally—the applicant is taken, under subsection 368(7) of the Act, to have been notified of the decision; or
              (B) otherwise—the applicant is taken, under section 379C of the Act, to have received the notification of the ART's decision