Commonwealth Consolidated Acts

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MIGRATION ACT 1958 - SECT 68

When visa is in effect

  (1)   Subject to subsection   (2), a visa has effect as soon as it is granted.

  (2)   A visa may provide that it comes into effect at the beginning of a day, being a day after its grant:

  (a)   specified in the visa; or

  (b)   when an event, specified in the visa, happens.

  (3)   A visa can only be in effect during the visa period for the visa.

  (4)   A bridging visa (the reactivated bridging visa ), held by a non - citizen, that has ceased to be in effect under subsection   82(3), will come into effect again during the visa period for the visa if:

  (a)   the non - citizen does not hold a substantive visa that is in effect; and

  (b)   either:

  (i)   the non - citizen does not hold any other bridging visa; or

  (ii)   the reactivated bridging visa is determined, in accordance with the regulations, to be the most beneficial of the bridging visas held by the applicant.

  (5)   Subsection   (4) does not apply in relation to a Subclass 070 (Bridging (Removal Pending)) visa (the first visa ) for a non - citizen that ceases to be in effect under subsection   82(3) if:

  (a)   the first visa ceases to be in effect under subsection   82(3) because another Subclass 070 (Bridging (Removal Pending)) visa (the second visa ) for the non - citizen comes into effect after the commencement of this subsection; and

  (b)   at the time the second visa was granted, there was no real prospect of the removal of the non - citizen from Australia becoming practicable in the reasonably foreseeable future.

  (6)   For the purposes of subparagraph   (b)(ii) of the definition of visa period in subsection   5(1), the first visa is to be taken to have ceased to be in effect otherwise than under subsection   82(3).

Note:   This means that the visa period for the first visa ends when the second visa comes into effect.


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