Document ID: chunk:federal_register_of_legislation:F2025C00115:reg:3a
Version: federal_register_of_legislation:F2025C00115
Segment Type: reg
Provision Reference: reg 3A
Character Range: 268139–270225

3A                               An applicant in relation to whom both of the following apply:                                                                                                                    When the Minister makes a record, on or after the TPV/SHEV transition day, 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 not made a decision in relation to the pre‑conversion application 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) 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