Document ID: chunk:federal_register_of_legislation:F2025C00115:reg:5:p27
Version: federal_register_of_legislation:F2025C00115
Segment Type: reg
Provision Reference: reg 5 (pt 27/34)
Character Range: 336442–339259

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 is the spouse or de facto partner of an Australian citizen, Australian permanent resident or eligible New Zealand citizen; and
 (d) in relation to whom the Minister is satisfied that the non‑citizen's relationship with that Australian citizen, Australian permanent resident or eligible New Zealand citizen is genuine and continuing; and
 (e) who is nominated by that Australian citizen, Australian permanent resident or eligible New Zealand citizen.
 (11) This subregulation applies to a non‑citizen who is a member of the family unit of a non‑citizen to whom subregulation (10) applies.
 (11A) This subregulation applies to a non‑citizen if:
 (a) the non‑citizen is an unauthorised maritime arrival because of subsection 5AA(1A) of the Act (which is about a non‑citizen born in the migration zone with a parent who is at the time of the birth an unauthorised maritime arrival because of subsection 5AA(1) of the Act); and
 (b) a parent of the non‑citizen is or was an eligible non‑citizen.
Note 1: A non‑citizen born on or after the day this subregulation commences becomes an eligible non‑citizen because of this subregulation:
(a) at birth, if at least one of his or her parents is an eligible non‑citizen then or had been an eligible non‑citizen before then; or
(b) at the time after birth when at least one of the non‑citizen's parents first becomes an eligible non‑citizen, if none of the non‑citizen's parents was an eligible non‑citizen before that time.
Note 2: A non‑citizen who was born before the day this subregulation commences becomes an eligible non‑citizen because of this subregulation:
(a) on that day, if at least one of his or her parents is an eligible non‑citizen then or had been an eligible non‑citizen before then; or
(b) at the time after that day when at least one of the non‑citizen's parents first becomes an eligible non‑citizen, if none of the non‑citizen's parents was an eligible non‑citizen before that time.
 (12) This subregulation applies to a non‑citizen if:
 (a) the non‑citizen is in immigration detention; and
 (b) the Minister is satisfied that the non‑citizen's removal from Australia is not reasonably practicable at that time; and
 (c) the Minister is satisfied that the non‑citizen will do everything possible to facilitate the non‑citizen's removal from Australia; and
 (e) any visa applications made by the non‑citizen, other than an application made following the exercise of the Minister's power under section 48B of the Act, have been finally determined.
 (13) For paragraph (12)(b), a non‑citizen's removal from