Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:2_2:p29
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 2 cl 2 (pt 29/40)
Character Range: 2182489–2185222

on the basis of meeting the requirements of item 4, 4A or 5 of the table in subitem 1127AA(3) of Schedule 1;
 (b) an application that is taken to be a valid application for a Resolution of Status (Class CD) visa under regulation 2.08G.
 (2) If, in considering the application, the Minister invited the applicant under section 56 of the Act to give information for the purposes of establishing or confirming the applicant's identity, the applicant has given that information, or has caused that information to be given, in accordance with the invitation.
 (3) Subclause (2) does not apply if:
 (a) the Minister is satisfied that:
 (i) the applicant has a reasonable explanation for refusing or failing to give the information in accordance with the invitation; and
 (ii) the applicant has taken reasonable steps to give the information, or to cause the information to be given, in accordance with the invitation; or
 (b) the application is an application mentioned in paragraph (1)(b) and the invitation under section 56 of the Act was given before regulation 2.08G started to apply in relation to the application.
 (4) There is no evidence before the Minister that the applicant has given, or caused to be given, to the Minister for the purposes of the application:
 (a) a bogus document in relation to the applicant's identity; or
 (b) information that, at the time it was given, was false or misleading in a material particular in relation to the applicant's identity.
Note: For the definition of bogus document, see subsection 5(1) of the Act.
 (5) Subclause (4) applies whether or not the Minister becomes aware of a document or information of a kind referred to in that subclause because of information given by the applicant.
 (6) Subclause (4) does not apply if the Minister is satisfied that the applicant has a reasonable explanation for giving a document or information of a kind referred to in that subclause.

851.229
 (1) This clause applies if:
 (a) the applicant satisfies the criterion in subclause 851.228(2) or is not required to satisfy that criterion because of paragraph 851.228(3)(a); and
 (b) the Minister is satisfied that there are substantial identity‑related concerns in relation to a relevant matter.
 (2) A relevant matter is any of the following:
 (a) if a protection finding (within the meaning of section 197C of the Act) was previously made for the applicant—that finding;
 (b) if the applicant was previously granted a Subclass 785 (Temporary Protection) visa or a Subclass 790 (Safe Haven Enterprise) visa on the basis that the applicant satisfied the criterion mentioned in paragraph 36(2)(b) or 36(2)(c) of the Act—that grant;
 (c) if the applicant is taken to have made a valid application for a