Document ID: chunk:federal_register_of_legislation:C2024C00800:section:91g
Version: federal_register_of_legislation:C2024C00800
Segment Type: section
Provision Reference: s 91G
Character Range: 282288–284667

91G  Applications made before regulations take effect
 (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, ceases to be a valid application when the regulation takes effect; and
 (f) on and after the regulation takes effect, this Act applies as if the non‑citizen had applied for a protection visa immediately after the regulation takes effect.
 (2) To avoid doubt:
 (a) paragraphs (1)(d) and (e) 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 ART, 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 regulation referred to in that subsection takes effect, has:
 (a) been granted a substantive visa as a result of an application referred to in that subsection; or
 (b) been determined under this Act to be a non‑citizen who satisfies the criterion mentioned in subsection 36(2).
 (4) The cut off day specified in the regulation must not be:
 (a) before a day on which the Minister, by notice in the Gazette, announces that he or she intends that such a regulation will be made; or
 (b) more than 6 months before the regulation takes effect.

Subdivision AJ—Temporary safe haven visas