Commonwealth Consolidated Acts

MIGRATION ACT 1958 - SECT 91G

  (1)   Subject to section   91F and subsection   (3), if:

  (a)   this Subdivision applies to a non - citizen immediately after a regulation prescribing a country as a safe third country takes effect and did not apply to the non - citizen immediately before that time; and

  (b)   the regulation prescribes a day as the cut off day; and

  (c)   during the period (the transitional period ) from the beginning of the cut off day until immediately before that regulation takes effect, the non - citizen made an application for a protection visa;

then:

  (d)   if the non - citizen had not been immigration cleared at the time of making the application--that application, and any other application made by the non - citizen for a visa made during the transitional period, ceases to be a valid application when the regulation takes effect; and

  (e)   if the non - citizen had been immigration cleared at the time of making the application--that application, and any other application made by the non - citizen for a protection visa made during the transitional period, ceases to be a valid application when the regulation takes effect; and

  (f)   on and after the regulation takes effect, this Act applies as if the non - citizen had applied for a protection visa immediately after the regulation takes effect.

  (2)   To avoid doubt:

  (a)   paragraphs   (1)(d) and (e) apply even if an application referred to in the paragraph concerned, or a decision in relation to such an application, is the subject of a review by, or an appeal or application to, the Administrative Appeals Tribunal, a Federal Court or any other body or court; and

  (b)   no visa may be granted to the non - citizen as a direct, or indirect, result of such an application.

  (3)   Subsection   (1) does not apply in relation to a non - citizen who, before the regulation referred to in that subsection takes effect, has:

  (a)   been granted a substantive visa as a result of an application referred to in that subsection; or

  (b)   been determined under this Act to be a non - citizen who satisfies the criterion mentioned in subsection   36(2).

  (4)   The cut off day specified in the regulation must not be:

  (a)   before a day on which the Minister, by notice in the Gazette , announces that he or she intends that such a regulation will be made; or

  (b)   more than 6 months before the regulation takes effect.