Migration Regulations 1994

In the case of a visa granted to a non‑citizen (other than a non‑citizen to whom subclause 050.222(3) applies) to whom subsection 140(1) or (3) of the Act (which deal with cancellation as a result of cancellation of a visa held by another non‑citizen) applies, if the other person whose visa was cancelled has applied, or has purported to apply, for review of that cancellation decision—visa coming into effect on grant permitting the holder to remain in Australia until:

if the ART decides that the application for merits review made by the other person whose visa was cancelled 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 ART makes a decision on the application for merits review made by the other person whose visa was cancelled—35 days after the ART makes the decision; or

if another bridging visa is granted to the holder in respect of that merits review application—the grant of that bridging visa; or

if the other person whose visa was cancelled withdraws his or her application for merits review—35 days after that withdrawal.

For the purposes of paragraphs (1)(a) and (aa), 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 paragraph; and

irrespective of the validity of the decision.