Document ID: chunk:federal_register_of_legislation:C2004A04857:body:0:p2
Version: federal_register_of_legislation:C2004A04857
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has:

    (a) been granted a substantive visa as a result of an application referred to in that subsection; or

    (b) been determined under the Migration Act 1958 to be a non-citizen who satisfies the criterion mentioned in subsection 36(2) of that Act.

(4) The Migration Act 1958 applies in relation to applications covered by subsection (1) as if:

    (a) subsection 91F(1) of that Act were omitted and the following subsection substituted:

    "(1) If the Minister thinks that it is in the public interest to do so, the Minister may, by written notice given to a particular non-citizen, determine that subsection 4(1) of the Migration Legislation Amendment Act (No. 2) 1995 does not apply to an application for a visa made by the non-citizen during the transitional period referred to in that subsection."; and

    (b) subsection 198(7) of that Act were amended by omitting all the words after "migration zone" (first occurring).

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 SCHEDULE Section 3

AMENDMENT OF THE MIGRATION ACT 1958

1. Subsection 91F(1):

Omit the subsection, substitute:

"(1) If the Minister thinks that it is in the public interest to do so, the Minister may, by written notice given to a particular non-citizen, determine:

    (a) that section 9IE does not apply to an application for a visa made by the non-citizen in the period starting when the notice is given and ending at the end of the seventh working day after the day that the notice is given; or

    (b) that section 91G does not apply to an application for a visa made by the non-citizen during the transitional period referred to in that section.".

2. After section 91F:

Insert in Subdivision AI of Division 3 of Part 2:

Applications made before regulations take effect

"91G.(1) Subject to section 91F and subsection (3), if:

    (a) this Subdivision applies to a non-citizen immediately after a regulation prescribing a country as a safe third country takes effect and did not apply to the non-citizen immediately before that time; and

    (b) the regulation prescribes a day as the cut off day; and

    (c) during the period (the 'transitional period') from the beginning of the cut off day until immediately before that regulation takes effect, the non-citizen made an application for a protection visa;

then:

    (d) if the non-citizen had not been immigration cleared at the time of making the application—that application, and any other application made by the non-citizen for a visa made during the transitional period, ceases to be a valid application when the regulation takes effect; and

    (e) if the non-citizen had been immigration cleared at the time of making the application—that application, and any other application made by the non-citizen for a protection visa made during the transitional period,