Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:3_3003
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 3 cl 3003
Character Range: 2362614–2364231

3003  If:
 (a) the applicant has not, on or after 1 September 1994, been the holder of a substantive visa; and
 (b) on 31 August 1994, the applicant was either:
 (i) an illegal entrant; or
 (ii) the holder of an entry permit that was not valid beyond 31 August 1994;
the Minister is satisfied that:
 (c) the applicant last became an illegal entrant, or, in the case of a person referred to in subparagraph (b)(ii), last became a person in Australia without a substantive visa, because of factors beyond the applicant's control; and
 (d) there are compelling reasons for granting the visa; and
 (e) the applicant has complied substantially with the conditions that apply or applied to:
 (i) the last of any entry permits held by the applicant (other than a condition of which the applicant was in breach solely because of the expiry of the entry permit); and
 (ii) any subsequent bridging visa; and
 (f) the applicant would have been entitled to be granted an entry permit equivalent to a visa of the class applied for if the applicant had applied for the entry permit immediately before last becoming an illegal entrant or, in the case of a person referred to in subparagraph (b)(ii), if the applicant had applied for the entry permit on 31 August 1994; and
 (g) the applicant intends to comply with any conditions subject to which the visa is granted; and
 (h) the last entry permit (if any) held by the applicant was not granted subject to a condition that the holder would not, after entering Australia, be entitled to be granted an entry permit, or a further entry permit, while the holder remained in Australia.