Document ID: chunk:federal_register_of_legislation:F2025C00115:schedule:2:p36
Version: federal_register_of_legislation:F2025C00115
Segment Type: schedule
Provision Reference: sch 2 (pt 36/80)
Character Range: 1291285–1293993

(a) both of the following apply:
 (i) a criterion for the grant of the substantive visa is that the non‑citizen satisfies public interest criterion 4003;
 (ii) the non‑citizen did not satisfy paragraph (b) of that criterion; or
 (b) both of the following apply:
 (i) a criterion for the grant of the substantive visa is that the non‑citizen satisfies public interest criterion 4003A;
 (ii) the non‑citizen did not satisfy that criterion.
 (2) For the purposes of subparagraph (1)(a)(ii) and paragraphs (1)(b), (ba), (bb) and (e), the 35 day period begins to run:
 (a) despite any failure to comply with the requirements of the Act or these Regulations in relation to the decision mentioned in the paragraph or subparagraph; and
 (b) irrespective of the validity of the decision.

051.512
  In the case of a visa granted to a non‑citizen on the basis of judicial review of a decision to refuse a protection visa application—bridging visa coming into effect on grant and permitting the applicant to remain in Australia until:
 (a) if another bridging visa is granted to the holder in respect of his or her application for judicial review—the grant of that bridging visa; or
 (b) subject to paragraph (d), 28 days after the judicial review proceedings (including proceedings on appeal, if any) are completed; or
 (c) if the applicant withdraws the application for judicial review—28 days after that withdrawal; or
 (d) if a court remits a matter to which the judicial review proceedings relate to the ART, or to the Minister, for reconsideration—permitting the holder to remain in Australia in accordance with the relevant provision of subclause 051.511(1).

051.513
 (1) In the case of a visa that is taken to have been granted by operation of section 75 of the Act and that was not applied for on the basis of judicial review—bridging visa coming into effect on grant and permitting the applicant to remain in Australia until:
 (a) either:
 (i) if the Minister's decision in respect of the protection visa application is to grant a visa—the grant of the visa; or
 (ii) if the Minister's decision in respect of that application is to refuse to grant a visa—35 days after the Minister makes the decision; or
 (b) if the protection visa application is refused and the ART decides that the holder's application for merits review of that refusal was not made in accordance with the law governing the making of applications to the ART—35 days after the ART makes the decision; or
 (ba) if the protection visa application is refused and the ART makes a decision on the holder's application for merits review of that refusal (other than a decision to remit the application to the Minister for reconsideration)—35 days