Document ID: chunk:federal_register_of_legislation:F2025C00115:schedule:3
Version: federal_register_of_legislation:F2025C00115
Segment Type: schedule
Provision Reference: sch 3
Character Range: 2360653–2362493

Schedule 3—Additional criteria applicable to unlawful non‑citizens and certain bridging visa holders
(regulation 1.03)

3001 (1) The application is validly made within 28 days after the relevant day (within the meaning of subclause (2)).
 (2) For the purposes of subclause (1) and of clause 3002, the relevant day, in relation to an applicant, is:
 (a) if the applicant held an entry permit that was valid up to and including 31 August 1994 but has not subsequently been the holder of a substantive visa—1 September 1994; or
 (b) if the applicant became an illegal entrant before 1 September 1994 (whether or not clause 6002 in Schedule 6 of the Migration (1993) Regulations applied or section 195 of the Act applies) and has not, at any time on or after 1 September 1994, been the holder of a substantive visa—the day when the applicant last became an illegal entrant; or
 (c) if the applicant:
 (i) ceased to hold a substantive or criminal justice visa on or after 1 September 1994; or
 (ii) entered Australia unlawfully on or after 1 September 1994;
  whichever is the later of:
 (iii) the last day when the applicant held a substantive or criminal justice visa; or
 (iv) the day when the applicant last entered Australia unlawfully; or
 (d) if the last substantive visa held by the applicant was cancelled, and the ART has made a decision to set aside and substitute the cancellation decision or the Minister's decision not to revoke the cancellation—the later of the day when that last substantive visa ceased to be in effect and the day when:
 (i) if the ART's decision is given to the applicant orally—the applicant is taken, under subsection 368(7) of the Act, to have been notified of the decision; or
 (ii) otherwise—the applicant is taken, under section 379C of the Act, to have received the notification of the ART's decision.