Document ID: chunk:federal_register_of_legislation:C2004A04475:body:0:p17
Version: federal_register_of_legislation:C2004A04475
Segment Type: other
Provision Reference: 
Character Range: 40798–43552

or her, the Minister may direct that a specified document is

not to be taken to be a passport or travel document for the purposes of the regulation. (Australia does not recognise the issue of the document or other reason.)

"Subdivision AF—Bridging visas

Interpretation

  "26ZN. In this Subdivision:

'detention non-citizen' means a non-citizen who:

  (a) either:

      (i) has been immigration cleared; or

      (ii) is in a prescribed class; and

    (b) is a detainee, is liable to be detained or will become so liable within a prescribed period.

Bridging visas

"26ZO. The Minister may grant a detention non-citizen who satisfies the criteria for a bridging visa prescribed under subsection 26(3) a bridging visa permitting the non-citizen to remain in Australia:

   (a)     during a specified period; or

   (b)     until a specified event happens.

Further applications for bridging visa

  "26ZP.(1) A detention non-citizen:

   (a)     who is in immigration detention; and

     (b)     who made an unsuccessful application for a bridging visa, whether before or after being detained;

may make a further application for a bridging visa, but, unless the application is made in prescribed circumstances, not earlier than 30 days after:

     (c)     if he or she did not make an application for review of the decision to refuse the application—the refusal; or

     (d)     if he or she made an application for such review—the application was finally determined.

Bridging visa not affect visa applications

"26ZQ.(1) The fact that a non-citizen holds a bridging visa does not prevent or affect:

   (a)     an application by the non-citizen for a visa in another class; or

   (b)     the approval of such an application; or

   (c)     the grant of such a visa.

"(2) To avoid doubt, the holding by a non-citizen of a bridging visa is not to be taken to be, for the purposes of an application for a visa in another class, the holding of a visa.

"Subdivision AG—Other provisions about visas

Only visas in force are held

"26ZR. To avoid doubt, for the purposes of this Act, a non-citizen does not hold a particular visa at a particular time unless the visa is in force at that time.

Children born included in parents visa

  "26ZS.(1) If:

  (a)     a child born in Australia is a non-citizen when born; and

  (b)     at the time of the birth:

       (i) one of the child's parents holds a visa; and

         (ii) the other parent is, under section 27, included in that visa or does not hold a visa;

the child is taken to be included in that visa.

  "(2) If:

  (a)     a child born in Australia is a non-citizen when born; and

  (b)     at the time of the birth, each of the child's parents holds a visa;

the child is taken to