Migration Regulations 1994

In the case of a visa granted to a non‑citizen who has applied for a substantive visa—bridging visa:

coming into effect:

on grant; or

when the substantive visa (if any) held by the holder ceases; and

permitting the holder to remain in Australia until:

if the Minister’s decision in respect of the substantive visa application is to grant a visa—the grant of the visa; or

if the Minister’s decision in respect of that application is to refuse to grant a visa and subclause (1A) does not apply in relation to the decision—35 days after the Minister makes the decision; or

if the Minister’s decision in respect of that application is to refuse to grant a visa and subclause (1A) applies in relation to the decision—the time the Minister makes the decision; or

if the substantive visa application is refused and the ART decides that the holder’s application for merits review of that refusal was not made in accordance with the law governing the making of applications to the ART—35 days after the ART makes the decision; or

if the substantive visa application is refused and the ART makes a decision on the holder’s application for merits review of that refusal (other than a decision to remit the application to the Minister for reconsideration)—35 days after the ART makes the decision; or

the grant of another bridging visa to the holder in respect of the same substantive visa application; or

if the holder withdraws his or her application for a substantive visa or an application to the ART—35 days after that withdrawal; or

if the substantive visa (if any) held by the holder is cancelled—that cancellation; or

if the Minister decides that the substantive visa application is invalid—35 days after the Minister makes the decision; or

if the ART remits the substantive visa application to the Minister for reconsideration—the day worked out in accordance with whichever subparagraph of this paragraph applies in relation to the reconsideration.

This subclause applies in relation to a decision to refuse to grant the non‑citizen a substantive visa if:

both of the following apply:

a criterion for the grant of the substantive visa is that the non‑citizen satisfies public interest criterion 4003;

the non‑citizen did not satisfy paragraph (b) of that criterion; or

both of the following apply:

a criterion for the grant of the substantive visa is that the non‑citizen satisfies public interest criterion 4003A;

the non‑citizen did not satisfy that criterion.

For the purposes of subparagraphs (1)(b)(ii), (iia), (iii) and (vii), the 35 day period begins to run:

despite any failure to comply with the requirements of the Act or these Regulations in relation to the decision mentioned in the subparagraph; and

irrespective of the validity of the decision.