Migration Regulations 1994

The applicant meets the requirements of subclause (2), (3), (4) or (5).

An applicant meets the requirements of this subclause if:

the applicant has made, in Australia, a valid application for a substantive visa of a kind that can be granted if the applicant is in Australia; and

that application has not been finally determined; and

the applicant wishes to leave and re‑enter Australia during the processing of that application; and

the Minister is satisfied that the applicant’s reasons for wishing to do so are substantial.

An applicant meets the requirements of this subclause if:

the applicant has made, in Australia, a valid application for a substantive visa of a kind that can be granted if the applicant is in Australia; and

that application was refused; and

either:

the applicant, or the Minister, has applied, within statutory time limits, for judicial review of a decision in relation to the applicant’s substantive visa application, and the judicial review proceedings (including proceedings on appeal, if any) have not been completed; or

the applicant:

is a member of the family unit of a person whose substantive visa application is the subject of the judicial review proceedings mentioned in subparagraph (i); and

made a substantive visa application that was combined with the substantive visa application mentioned in subparagraph (i); and

the applicant wishes to leave and re‑enter Australia during the judicial proceedings; and

the Minister is satisfied that the applicant’s reasons for wishing to do so are substantial.

An applicant meets the requirements of this subclause if:

the applicant has made a valid application for a Partner (Migrant) (Class BC) visa; and

the application has not been finally determined; and

the applicant wishes to leave and re‑enter Australia during the processing of that application; and

the Minister is satisfied that the applicant’s reasons for wishing to do so are substantial.

An applicant meets the requirements of this subclause if:

the applicant has made a valid application for a Partner (Migrant) (Class BC) visa; and

that application was refused; and

either:

the applicant, or the Minister, has applied, within statutory time limits, for judicial review of a decision in relation to the applicant’s substantive visa application; or

the applicant:

is a member of the family unit of a person whose substantive visa application is the subject of the judicial review proceedings mentioned in subparagraph (i); and

made a substantive visa application that was combined with the substantive visa application mentioned in subparagraph (i); and

the judicial review proceedings (including proceedings on appeal, if any) are not completed; and

the applicant wishes to leave and re‑enter Australia during those proceedings; and

the Minister is satisfied that the applicant’s reasons for wishing to do so are substantial.