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Migration Legislation Amendment Act (No. 2) 1995

No. 1 of 1995

An Act to amend the Migration Act 1958, and for related purposes

[Assented to 17 February 1995]

The Parliament of Australia enacts:

Short title

1. This Act may be cited as the Migration Legislation Amendment Act (No. 2) 1995.

Commencement

2. This Act commences on the day on which it receives the Royal Assent.

Schedule

3. The Migration Act 1958 is amended in accordance with the applicable items in the Schedule.

Applications made before People's Republic of China prescribed as a safe third country in relation to certain non-citizens

4.(1) Subject to subsection (3) and to section 91F of the Migration Act 1958, if:

    (a) Subdivision AI of Division 3 of Part 2 of the Migration Act 1958 applies to a non-citizen immediately after Statutory Rules 1995 No. 3 took effect and did not apply to the non-citizen immediately before those Statutory Rules took effect; and

    (b) during the period (the "transitional period") from the beginning of 30 December 1994 until immediately before those Statutory Rules took effect, 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 made by the non-citizen for a visa made during the transitional period, ceases to be a valid application on the commencement of this section; and

    (d) 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, ceases to be a valid application on the commencement of this section; and

    (e) on and after the commencement of this section, the Migration Act 1958 applies as if the non-citizen 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 an 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) Subsection (1) does not apply in relation to a non-citizen who, before the commencement of this section, 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