Commonwealth Consolidated Regulations

MIGRATION REFORM (TRANSITIONAL PROVISIONS) REGULATIONS - REG 14

(1)

This regulation applies to a non-citizen who:

(a)

was in Australia immediately before 1 September 1994; and

(b)

was, immediately before 1 September 1994, an illegal entrant; and

(c)

was not in immigration detention on that date; and

(d)

applied for judicial review of a decision before that date and within the period:

(i)

allowed for the purpose under the old Act or the Administrative Decisions (Judicial Review) Act 1977 , as the case requires; or

(ii)

allowed for the purpose by the Court.

(2)

A non-citizen to whom this regulation applies is taken to have been granted, on 1 September 1994, a bridging visa of a class worked out as follows:

(a)

if:

(i)

at the time of primary application, he or she was not a prohibited non-citizen or an illegal entrant; and

(ii)

immediately before 1 September 1994, he or she was not subject to a reporting condition;

a bridging visa, Class A;

(b)

if:

(i)

at the time of primary application, he or she was a prohibited non-citizen or an illegal entrant; and

(ii)

immediately before 1 September 1994, he or she was not subject to a reporting condition;

a bridging visa, Class C;

(c)

if:

(i)

immediately before 1 September 1994, he or she was subject to a reporting condition; or

(ii)

the decision being reviewed is a decision to cancel an entry permit;

a bridging visa, Class E.

(3)

The visa period of a bridging visa that a non-citizen is taken to have been granted under subregulation (2) starts on 1 September 1994 and ends:

(a)

28 days after the non-citizen is notified of the decision of the Court; or

(b)

if the non-citizen appeals against the decision of the Court — 28 days after the appeal is finally disposed of.