Commonwealth Consolidated Regulations

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MIGRATION REGULATIONS 1994 - REG 2.10

Where application must be made

         (1)   For section 46 of the Act, an application for a visa (not being an Internet application) must be made in accordance with this regulation.

         (2)   If an application for a visa is made outside Australia, the application must be made:

                (a)    in accordance with any requirements in:

                          (i)    this Division; or

                         (ii)    the item in Schedule 1 that relates to the visa;

                        about where to make the application; or

               (b)    if there are no requirements of that kind -- at a diplomatic, consular or migration office maintained by or on behalf of the Commonwealth outside Australia.

Note 1    Schedule 1 explains whether applications for particular visas may be made in Australia, outside Australia, or in or outside Australia.

Note 2    A provision in this Division or in Schedule 1 may also state that an application is taken to have been made at a particular place if specified requirements are met.

      (2A)   If an application for a visa is made in Australia, the application must be made:

                (a)    in accordance with any requirements in:

                          (i)    this Division; or

                         (ii)    the item in Schedule 1 that relates to the visa;

                        about where to make the application; or

               (b)    if there are no requirements of that kind -- at an office of Immigration in Australia.

Note 1    Schedule 1 explains whether applications for particular visas may be made in Australia, outside Australia, or in or outside Australia.

Note 2    A provision in this Division or in Schedule 1 may also state that an application is taken to have been made at a particular place if specified requirements are met.

         (3)   An unlawful non‑citizen who is located by an officer of Immigration may apply for a bridging visa directly to that officer.

         (4)   For Division 2.2 (not including regulation 2.09) and Schedule 1, an office occupied by an officer of Immigration at an airport or a detention centre is an office of Immigration.

Note     Requirements about where the applicant must be when making an Internet application are in Schedule 1.



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