Document ID: chunk:federal_register_of_legislation:F2025C00115:reg:5:p1
Version: federal_register_of_legislation:F2025C00115
Segment Type: reg
Provision Reference: reg 5 (pt 1/34)
Character Range: 271537–275026

5                                An applicant in relation to whom all of the following apply:                                                                                                                     When the Minister makes a record, after the review/court event occurs in relation to the pre‑conversion application, that the Minister is satisfied:
                                 (a) the applicant does not hold, and has not ever held, a Subclass 785 (Temporary Protection) visa or a Subclass 790 (Safe Haven Enterprise) visa;                               (a) that the applicant is a member of the same family unit as another person; and
                                 (b) before the TPV/SHEV transition day, the Minister had made a decision in relation to the pre‑conversion application to refuse to grant the visa under section 65 of the Act;  (b) that the other person satisfies the criterion mentioned in paragraph 36(2)(a) or (aa) of the Act; and
                                 (c) on or after the TPV/SHEV transition day, a review/court event occurs in relation to the pre‑conversion application                                                           (c) that:
                                                                                                                                                                                                                  (i) if the pre‑conversion application is for a Subclass 785 (Temporary Protection) visa—the applicant would satisfy the criteria for the grant of the Subclass 785 (Temporary Protection) visa if it were assumed that the other person held a visa of that kind; or
                                                                                                                                                                                                                  (ii) if the pre‑conversion application is for a Subclass 790 (Safe Haven Enterprise) visa—the applicant would satisfy the criteria for the grant of the Subclass 790 (Safe Haven Enterprise) visa if it were assumed that the other person held a visa of that kind

Note: For column 2 of items 3 to 5, if the Minister is not satisfied that the applicant satisfies the criteria for the grant of the visa, this regulation never starts to apply.
 (1A) For the purposes of items 2, 4 and 5 of the table in subregulation (1), a review/court event occurs in relation to a pre‑conversion application if one of the following occurs:
 (a) the Immigration Assessment Authority remits a decision in relation to the pre‑conversion application in accordance with subsection 473CC(2) of the Act as in force when the matter is remitted;
 (b) the Administrative Appeals Tribunal remits 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 is remitted;
 (c) the Administrative Appeals Tribunal remits 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 is remitted;
 (ca) the ART remits a matter in relation to the pre‑conversion application in accordance with subsection 349(2) of the Act;
 (cb) 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