Document ID: chunk:federal_register_of_legislation:C2004A04736:body:0:p14
Version: federal_register_of_legislation:C2004A04736
Segment Type: other
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who is in immigration detention makes an application for a bridging visa of a prescribed class; and

     (b) the Minister does not make a decision, within the prescribed period, to grant or refuse to grant the bridging visa;

the non-citizen is taken to have been granted a bridging visa of the prescribed class on prescribed conditions (if any) at the end of that period.

"(2) The period in subsection (1) may be extended in relation to a particular application by agreement between the applicant and the Minister.".

Visas held during visa period

36. Section 26ZR of the Principal Act is amended by omitting all the words after "non-citizen" and substituting "holds a visa at all times during the visa period for the visa.".

Children born in Australia

  37. Section 26ZS of the Principal Act is amended:

     (a) by inserting "(other than a special purpose visa)" after "a visa" (wherever occurring);

     (b) by omitting from subsection (1) "be included in" and substituting "have been granted, at the time of the birth, a visa of the same kind and class and on the same terms and conditions (if any) as";

     (c) by omitting from subsection (2) "be included in" and substituting "have been granted, at the time of the birth, visas of the same kind and class and on the same terms and conditions (if any) as";

  (d) by adding at the end the following subsection:

    "(3) Subdivisions AA, AB, AC (other than section 26ZK), AE and AH do not apply in relation to visas granted under this section.".

Repeal of section and substitution of new section

38. Section 26ZU of the Principal Act is repealed and the following section is substituted:

Certain persons taken not to leave Australia

"26ZU. A person is taken not to leave Australia if the person goes outside the migration zone on a vessel and:

  (a) does not go (other than for transit purposes) to a foreign country; and

    (b) remains a passenger, or a member of the crew, of that vessel while outside the migration zone; and

    (c) is outside the migration zone for no longer than the prescribed period.".

When visas cease to be in effect

  39. Section 26ZW of the Principal Act is amended:

    (a) by omitting from subsection (1) "cancelled visa" and substituting "visa that is cancelled";

    (b) by omitting from subsections (1), (3), (4), (5), (6) and (7) "in force" and substituting "in effect";

    (c) by omitting subsection (2) and substituting the following subsections:

    "(2) A substantive visa held by a non-citizen ceases to be in effect if another substantive visa (other than a special purpose visa) for the non-citizen comes into effect.

     "(2A) A bridging visa held by a non-citizen ceases