Commonwealth Consolidated Regulations

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MIGRATION REGULATIONS 1994 - REG 2.22

Invalid application for substantive visa

             (1)  Subject to subregulation (2), a non-citizen is taken to have applied for a Bridging D (Class WD) visa if:

                     (a)  the non-citizen is in Australia but is not in immigration or criminal detention; and

                     (b)  he or she applies for a substantive visa of a class that may be granted in Australia; and

                     (c)  the application:

                              (i)  is given to the Minister in a way other than by personal attendance at an office of Immigration; and

                             (ii)  is invalid as an application for a substantive visa of that class; and

                     (d)  the invalidity of the application is not by reason of its purporting to have been made contrary to section 48 or 48A of the Act (whether or not the Minister has made a determination under subsection 48B(1) of the Act in relation to the application or action has been taken by any person to seek the making of such a determination).

             (2)  A reference in subregulation (1) to an application does not include the following:

                     (a)  an oral application, or an oral communication that purports to be an oral application;

                     (b)  an Internet application, or an electronic communication that purports to be an Internet application.



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