Document ID: chunk:federal_register_of_legislation:F2025C00115:reg:5:p25
Version: federal_register_of_legislation:F2025C00115
Segment Type: reg
Provision Reference: reg 5 (pt 25/34)
Character Range: 331462–334131

of the methods specified in section 494B of the Act.
Note: If the Minister gives a person a document by a method specified in section 494B of the Act, the person is taken to have received the document at the time specified in section 494C of the Act in respect of the method.

Refusal to grant visa
 (3) The Minister must notify an applicant of a decision to refuse to grant a visa by one of the methods specified in section 494B of the Act.
Note: If the Minister gives a person a document by a method specified in section 494B of the Act, the person is taken to have received the document at the time specified in section 494C of the Act in respect of the method.

Division 2.5—Bridging visas

2.20  Eligible non‑citizen (Act, s 72)
 (1) For the purposes of the definition of eligible non‑citizen in section 72 of the Act (which deals with persons eligible to be granted a bridging visa), the classes of persons described in subregulations (6) to (12) and (14) to (19) are prescribed.
 (6) This subregulation applies to a non‑citizen who:
 (a) either:
 (i) bypassed immigration clearance on or after 1 September 1994 and has not subsequently been granted a substantive visa; or
 (ii) entered Australia without authority before 1 September 1994 and has not subsequently been granted a substantive visa or entry permit; and
 (d) has not come to the notice of Immigration as an illegal entrant or an unlawful non‑citizen within 45 days of entering Australia.
 (6A) This subregulation applies to a non‑citizen who:
 (a) last held a student visa that was cancelled under section 137J of the Act; and
 (b) has been refused immigration clearance.
 (7) This subregulation applies to a non‑citizen:
 (a) who:
 (i) was refused immigration clearance; or
 (ii) bypassed immigration clearance and came to the notice of Immigration as an unlawful non‑citizen within 45 days of entering Australia; and
 (b) if:
 (i) the non‑citizen made a protection visa application that is not finally determined; or
 (ii) the non‑citizen applied for judicial review of a decision to refuse a protection visa; or
 (iii) the Minister has applied for judicial review of a decision in relation to the non‑citizen's protection visa application; and
 (c) who has not turned 18; and
 (d) in respect of whom a child welfare authority of a State or Territory has certified that release from detention is in the best interests of the non‑citizen; and
 (e) in respect of whom the Minister is satisfied that:
 (i) arrangements have been made between the non‑citizen and an Australian citizen, Australian permanent resident or eligible New Zealand citizen for the care and welfare of the non‑citizen; and
 (ii)