Commonwealth Consolidated Acts

MIGRATION ACT 1958 - SECT 76AAA

  (1)   This section applies in relation to a non - citizen if:

  (a)   the non - citizen holds a Subclass 070 (Bridging (Removal Pending)) visa; and

  (b)   the non - citizen has permission (however described), granted by a foreign country, to enter and remain in that country; and

  (c)   the foreign country is a party to a third country reception arrangement (within the meaning of section   198AHB) that is in force; and

  (d)   none of the following apply:

  (i)   the non - citizen has made a valid application for a protection visa that has not been finally determined;

  (ii)   the non - citizen could not be removed to the foreign country because of subsection   197C(3) if the non - citizen were an unlawful non - citizen;

  (iii)   the non - citizen is a child under 18.

  (2)   The Minister must give the non - citizen notice that this section applies in relation to the non - citizen.

  (3)   The notice:

  (a)   must be given as soon as reasonably practicable after this section starts to apply in relation to the non - citizen; and

  (b)   may be given orally or in writing.

  (4)   Despite any other provision of this Act or the regulations, the visa ceases to be in effect immediately after:

  (a)   if the notice is given by a method specified in section   494B--the non - citizen is taken to have received the notice; or

  (b)   otherwise--the non - citizen receives the notice.

Note 1:   If the Minister gives a person a document by a method specified in section   494B, the person is taken to have received the document at the time specified in section   494C in respect of that method.

Note 2:   The visa period for the visa ends when it ceases to be in effect under this subsection.

  (5)   The rules of natural justice do not apply to the giving of a notice under subsection   (2).

  (6)   For the purposes of paragraph   (1)(b), a permission to enter the foreign country may be unconditional or a permission to enter that is subject to the non - citizen doing one or more things required by the foreign country that the non - citizen is capable of doing before entering the country.

  (7)   If:

  (a)   notice (the earlier notice ) is given to a non - citizen under subsection   (2) (including under a previous application of this subsection); and

  (b)   the non - citizen is subsequently granted another Subclass 070 (Bridging (Removal Pending)) visa (the later visa ); and

  (c)   this section starts to apply in relation to the non - citizen after the later visa is granted;

the Minister must give further notice under subsection   (2) to the non - citizen.

  (8)   For the purposes of paragraph   (7)(c):

  (a)   the country in relation to which paragraph   (1)(b) is satisfied may be the same as, or different from, the country in relation to which paragraph   (1)(b) was satisfied for the earlier notice; but

  (b)   the permission in relation to which paragraph   (1)(b) is satisfied must be granted after the granting of the later visa.

  (9)   This section does not affect the operation of other provisions of this Act or the regulations that have the effect that a Subclass 070 (Bridging (Removal Pending)) visa ceases to be in effect on the happening of a particular event, upon the holder ceasing to have a particular status or otherwise.