Document ID: chunk:federal_register_of_legislation:F2025C00115:schedule:2:p28
Version: federal_register_of_legislation:F2025C00115
Segment Type: schedule
Provision Reference: sch 2 (pt 28/80)
Character Range: 1271727–1274410

decision.

050.514
 (1) 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:
 (a) 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
 (aa) 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
 (b) if another bridging visa is granted to the holder in respect of that merits review application—the grant of that bridging visa; or
 (c) if the other person whose visa was cancelled withdraws his or her application for merits review—35 days after that withdrawal.
 (2) For the purposes of paragraphs (1)(a) and (aa), the 35 day period begins to run:
 (a) despite any failure to comply with the requirements of the Act or these Regulations in relation to the decision mentioned in the paragraph; and
 (b) irrespective of the validity of the decision.

050.514AA
  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), (2) or (3) of the Act applies, if the person whose visa was cancelled under section 137J of the Act has applied under section 137K of the Act for revocation of the cancellation—bridging visa:
 (a) coming into effect on grant; and
 (b) permitting the holder to stay in Australia until:
 (i) 14 working days after the day the decision is made on the revocation application; or
 (ii) if another bridging visa is granted to the holder in respect of the revocation application—the grant of that bridging visa; or
 (iii) if the person whose visa was cancelled under section 137J of the Act withdraws his or her revocation application—14 working days after that withdrawal; and
 (c) if the decision on the revocation application is not to revoke the cancellation and the person whose visa was cancelled applies for merits review of that decision—permitting the holder to remain in Australia in accordance with the relevant paragraph of subclause 050.514AB(1).

050.514AB
 (1) In the case of a visa granted to a non‑citizen (other than a non‑citizen to whom subclause 050.222(3)