Commonwealth Numbered Regulations

1994 No. 261 MIGRATION REFORM (TRANSITIONAL PROVISIONS) REGULATIONS - REG 14

14. (1) This regulation applies to a non-citizen who:

   (a)  was in Australia immediately before 1 September 1994; and

   (b)  was, immediately before 1 September 1994, an illegal entrant; and

   (c)  was not in immigration detention on that date; and

   (d)  applied for judicial review of a decision before that date and within
        the period:

        (i)    allowed for the purpose under the old Act or the
               Administrative  Decisions (Judicial Review) Act 1977 , as the
               case requires; or

        (ii)   allowed for the purpose by the Court.

(2) A non-citizen to whom this regulation applies is taken to have been
granted, on 1 September 1994, a bridging visa of a class worked out as
follows:

   (a)  if:

        (i)    at the time of primary application, he or she was not a
               prohibited non-citizen or an illegal entrant; and

        (ii)   immediately before 1 September 1994, he or she was not subject
               to a reporting condition; a bridging visa, Class A;

   (b)  if:

        (i)    at the time of primary application, he or she was a prohibited
               non-citizen or an illegal entrant; and

        (ii)   immediately before 1 September 1994, he or she was not subject
               to a reporting condition; a bridging visa, Class C;

   (c)  if:

        (i)    immediately before 1 September 1994, he or she was subject to a
               reporting condition; or

        (ii)   the decision being reviewed is a decision to cancel an entry
               permit; a bridging visa, Class E.

(3) The visa period of a bridging visa that a non-citizen is taken to have
been granted under subregulation (2) starts on 1 September 1994 and ends:

   (a)  28 days after the non-citizen is notified of the decision of the
        Court; or

   (b)  if the non-citizen appeals against the decision of the Court-28 days
        after the appeal is finally disposed of.