Migration Regulations 1994

In the case of a visa granted to a non‑citizen who has applied for a protection visa—bridging visa coming into effect on grant, permitting the holder to remain in Australia until:

either:

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

if the protection visa application is refused and the Immigration Assessment Authority makes a decision under subsection 473CC(2) of the Act, as in force at the time of the decision, on referral of that refusal under section 473CA of the Act as in force at the time of the referral (other than a decision to remit the application to the Minister for reconsideration)—35 days after the Immigration Assessment Authority makes the decision; or

the grant of a further bridging visa to the holder in respect of his or her protection visa application; or

if the holder withdraws the application for the protection visa or for review—35 days after that withdrawal; or

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

if the ART or the Immigration Assessment Authority remits the application for the protection visa to the Minister for reconsideration—the end of the period worked out in accordance with whichever paragraph of this subclause 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 subparagraph (1)(a)(ii) and paragraphs (1)(b), (ba), (bb) and (e), 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 or subparagraph; and

irrespective of the validity of the decision.