Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) For subsection 46 (2) of the Act, an application by a person mentioned in subregulation (2) for a visa of a kind mentioned in subregulation (3) is a valid application.
Note Further provisions about applications and criteria for the visas are set out in Division 2.2AA.
(2) The person is a person:
(a) who, on the day on which this regulation commences, is in Australia and holds, or has held:
(i) a Subclass 447 (Secondary Movement Offshore Entry (Temporary)) visa; or
(ii) a Subclass 451 (Secondary Movement Relocation (Temporary)) visa; or
(iii) a Subclass 785 (Temporary Protection) visa; and
(b) whose visa mentioned in paragraph (a) has not been cancelled; and
(c) who has not left Australia between first holding the visa mentioned in paragraph (a) and the time of first applying for a visa mentioned in subregulation (3); and
(d) to whom the Minister has not refused to grant a Protection (Class XA) visa on the grounds set out in section 501 of the Act; and
(e) who, at the time of first making an application for a visa of a kind mentioned in subregulation (3), holds:
(i) a Subclass 447 (Secondary Movement Offshore Entry (Temporary)) visa; or
(ii) a Subclass 451 (Secondary Movement Relocation (Temporary)) visa; or
(iii) a Subclass 785 (Temporary Protection) visa; or
(iv) a Return Pending (Temporary) (Class VA) visa; and
(f) who:
(i) has not been refused a visa; and
(ii) has not had a visa cancelled;
on grounds relying on 1 or more of Articles 1F, 32 or 33 (2) of the Refugees Convention.
(3) The visas are:
(a) a Subclass 415 (Foreign Government Agency) visa; and
(b) a Subclass 418 (Educational) visa; and
(c) a Subclass 419 (Visiting Academic) visa; and
(d) a Subclass 420 (Entertainment) visa; and
(e) a Subclass 421 (Sport) visa; and
(f) a Subclass 422 (Medical Practitioner) visa; and
(g) a Subclass 423 (Media and Film Staff) visa; and
(i) a Subclass 427 (Domestic Worker (Temporary) -- Executive) visa; and
(j) a Subclass 428 (Religious Worker) visa; and
(k) a Subclass 442 (Occupational Trainee) visa; and
(l) a Subclass 445 (Dependent Child) visa; and
(m) a Subclass 457 (Business (Long Stay)) visa; and
(n) a Subclass 571 (Schools Sector) visa; and
(o) a Subclass 572 (Vocational Education and Training Sector) visa; and
(p) a Subclass 573 (Higher Education Sector) visa; and
(q) a Subclass 574 (Postgraduate Research Sector) visa; and
(r) a Subclass 580 (Student Guardian) visa; and
(ra) a Subclass 676 (Tourist) visa; and
(s) a Subclass 685 (Medical Treatment (Long Stay)) visa; and
(t) a Subclass 686 (Tourist (Long Stay)) visa; and
(u) a Subclass 801 (Partner) visa; and
(v) a Subclass 802 (Child) visa; and
(w) a Subclass 804 (Aged Parent) visa; and
(y) a Subclass 820 (Partner) visa; and
(za) a Subclass 837 (Orphan Relative) visa; and
(zb) a Subclass 838 (Aged Dependant Relative) visa; and
(zc) a Subclass 855 (Labour Agreement) visa; and
(zd) a Subclass 856 (Employer Nomination Scheme) visa; and
(ze) a Subclass 857 (Regional Sponsored Migration Scheme) visa; and
(zf) a Subclass 858 (Distinguished Talent) visa; and
(zg) a Subclass 864 (Contributory Aged Parent) visa; and
(zh) a Subclass 884 (Contributory Aged Parent (Temporary)) visa; and
(zi) a Subclass 890 (Business Owner) visa; and
(zj) a Subclass 892 (State/Territory Sponsored Business Owner) visa.