Migration Regulations 1994

In the case of a visa granted to a non‑citizen on the basis that the non‑citizen has applied for judicial review of a decision under the Australian Citizenship Act 2007, mentioned in paragraph 050.212(4AAA)(b)—bridging visa:

coming into effect on grant; and

permitting the holder to remain in Australia until the latest of the following:

28 days after the day the judicial review proceedings are completed;

if the court remits the matter to the Minister or the ART for reconsideration—35 days after the day the Minister or ART makes a decision on the reconsideration;

if the non‑citizen withdraws his or her application for judicial review—28 days after the day the application is withdrawn;

if the non‑citizen is taken to have applied for judicial review under subclause 050.212(4A), and either withdraws from of or is struck out of the representative proceedings for judicial review—28 days after the day the non‑citizen withdraws or is struck out; and

if the court remits the matter to the Minister for reconsideration, and the Minister approves the person becoming an Australian citizen—permitting the holder to remain in Australia until the day on which the non‑citizen becomes an Australian citizen in accordance with Subdivision B of Division 2 of Part 2 of the Australian Citizenship Act 2007.

For the purposes of subparagraph (1)(b)(ii), 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.