Migration Act 1958

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

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

the regulation prescribes a day as the cut off day; and

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;

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

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

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.

To avoid doubt:

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 ART, a Federal Court or any other body or court; and

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

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

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

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

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

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

more than 6 months before the regulation takes effect.