Document ID: chunk:federal_register_of_legislation:F2025C00115:schedule:2:p37
Version: federal_register_of_legislation:F2025C00115
Segment Type: schedule
Provision Reference: sch 2 (pt 37/80)
Character Range: 1293745–1296397

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 after the ART makes the decision; or
 (bb) if the protection visa application is refused and the Immigration Assessment Authority makes a decision under subsection 473CC(2) of the Act, as in force at the time of the decision, on referral of that refusal under section 473CA of the Act as in force at the time of the referral (other than a decision to remit the application to the Minister for reconsideration)—35 days after the Immigration Assessment Authority makes the decision; or
 (c) the grant of a further bridging visa to the holder in respect of his or her protection visa application; or
 (d) if the holder withdraws the application for the protection visa or for review—35 days after that withdrawal.
 (1A) For the purposes of subparagraph (1)(a)(ii) and paragraphs (1)(b), (ba) and (bb), 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.
 (2) In the case of a visa that is taken to have been granted by operation of section 75 of the Act and that was 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) 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 clause 051.511.
051.6—Conditions

051.611
  In the case of a visa that is taken to have been granted by operation of section 75 of the Act—conditions 8101, 8201, 8402, 8506 and 8513.

051.611A
 (1) In the case of a visa granted to an applicant (whether or not the applicant is an applicant to which any other clause in this Division applies) who:
 (a) applies for a protection visa; and
 (b) has been in Australia for a period of 45 days or more, or for periods totalling 45 days or more,