CTHRepealedLegislation
Migration Reform (Transitional Provisions) Regulations
14Illegal entrants who have applied for judicial review
Start here
Get a plain-English read of 14
Turn the raw legal text into a practical explanation grounded in Migration Reform (Transitional Provisions) Regulations.
14 Illegal entrants who have applied for judicial review
(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
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
a bridging visa, Class C;
(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.