Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:5_5002:p1
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 5 cl 5002 (pt 1/2)
Character Range: 2392600–2395299

5002  If the applicant is a person who has been removed from Australia under section 198, 199 or 205 of the Act:
 (a) the application is made more than 12 months after the removal; or
 (b) the Minister is satisfied that, in the particular case:
 (i) compelling circumstances that affect the interests of Australia; or
 (ii) compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen;
  justify the granting of the visa within 12 months after the removal.
5010 (1) If:
 (a) the applicant is the holder of a Foreign Affairs student visa; or
 (b) the applicant is the holder of a student visa granted to the applicant who is provided financial support by the government of a foreign country;
the applicant meets the requirements of subclause (3), (4) or (5).
 (2) If:
 (a) the applicant is not the holder of a Foreign Affairs student visa and has in the past held a Foreign Affairs student visa; or
 (b) both:
 (i) paragraph (a) does not apply to the applicant, and the applicant is not the holder of a substantive visa; and
 (ii) the last substantive visa held by the applicant was a student visa granted to the applicant who was provided financial support by the government of a foreign country;
the applicant meets the requirements of subclause (3), (4) or (5).
 (3) The applicant meets the requirements of this subclause if the course of study or training to which:
 (a) the visa mentioned in paragraph (1)(a) or (b) relates; or
 (b) if paragraph (2)(a) applies—the Foreign Affairs student visa most recently held by the applicant related; or
 (c) if paragraph (2)(b) applies—the last substantive visa held by the applicant related;
(whether or not the applicant has ceased the course) is one designed to be undertaken over a period of less than 12 months.
 (4) The applicant meets the requirements of this subclause if the applicant:
 (a) has ceased:
 (i) the course of study or training to which:
 (A) the visa mentioned in paragraph (1)(a) or (b) relates; or
 (B) if paragraph (2)(a) applies—the Foreign Affairs student visa most recently held by the applicant related; or
 (C) if paragraph (2)(b) applies—the last substantive visa held by the applicant related; or
 (ii) another course approved by the AusAID Minister, the Foreign Minister or the government of the foreign country that provided financial support to the applicant, as the case requires, in substitution for that course; and
 (b) has spent at least 2 years outside Australia since ceasing the course.
 (5) The applicant meets the requirements of this subclause if:
 (a) the applicant has the support of the Foreign Minister or