Document ID: chunk:federal_register_of_legislation:C2004A04809:body:0:p4
Version: federal_register_of_legislation:C2004A04809
Segment Type: other
Provision Reference: 
Character Range: 7436–10252

a detainee; and

  (b) Subdivision AI of Division 3 of this Part applies to the non-citizen; and

  (c) either:

        (i) the non-citizen has not been immigration cleared; or

        (ii) the non-citizen has not made a valid application for a substantive visa that can be granted when the applicant is in the migration zone; and

  (d) either:

        (i) the Minister has not given a notice under subsection 91F(1) to the non-citizen; or

        (ii) the Minister has given such a notice but the period mentioned in that subsection has ended and the non-citizen has not, during that period, made a valid application for a substantive visa that can be granted when the applicant is in the migration zone.".

3. Transitional

  (1) Subject to subitem (3), if:

    (a) Subdivision AI of Division 3 of Part 2 of the amended Act ("Subdivision AI") applies to a non-citizen immediately after its commencement; and

    (b) during the period (the "transitional period") from the beginning of 1 September 1994 until immediately before the commencement of Subdivision AI, the non-citizen made an application for a protection visa;

then:

    (c) if the non-citizen had not been immigration cleared at the time of making the application—that application and any other application by the non-citizen for a visa made during the transitional period ceases to be a valid application at the commencement of Subdivision AI; and

SCHEDULE—continued

     (d) if the non-citizen had been immigration cleared at the time of making the application—that application and any other application by the non-citizen for a protection visa made during the transitional period ceases to be a valid application at the commencement of Subdivision AI; and

     (e) on and after the commencement of Subdivision AI, the amended Act applies as if the person had applied for a protection visa immediately after that commencement.

  (2) To avoid doubt:

    (a) paragraphs (1)(c) and (d) apply even if an application referred to in the paragraph concerned, or a decision in relation to such an application, is the subject of a review by, or appeal or application to, the Immigration Review Tribunal, the Refugee Review Tribunal, the Administrative Appeals Tribunal, a Federal Court or any other body or court; and

    (b) no visa may be granted to the non-citizen as a direct, or indirect, result of such an application.

(3) Subitem (1) does not apply in relation to a non-citizen who, before the commencement of Subdivision AI, has been granted a substantive visa as a result of the application referred to in subitem (1).

  (4) In this item:

"amended Act" means the Migration Act 1958 as amended by this Act.

[Minister's second reading speech made in—
     Senate on 21 September 1994
     House of Representatives on 8 November 1994]