Section 91G — Migration Act 1958: Applications made before regulations take effect

(1) Subject to section 91F and subsection (3), if: (a) this Subdivision applies to a non-citizen immediately after a regulation prescribing a country as a safe third country takes effect and did not apply to the non-citizen immediately before that time; and (b) the regulation prescribes a day as the cut off day; and (c) during the period (the transitional period) from the beginning of the cut off day until immediately before that regulation takes effect, the non-citizen made an application for a protection visa; then: (d) if the non-citizen had not been immigration cleared at the time of making the application—that application, and any other application made by the non-citizen for a visa made during the transitional period, ceases to be a valid application when the regulation takes effect; and (e) if the non-citizen had been immigration cleared at the time of making the application—that application, and any other application made by the non-citizen for a protection visa made during the transitional period, ceases to be a valid application when the regulation takes effect; and (f) on and after the regulation takes effect, this Act applies as if the non-citizen had applied for a protection visa immediately after the regulation takes effect. (2) To avoid doubt: (a) paragraphs (1)(d) and (e) apply even if an application referred to in the paragraph concerned, or a decision in relation to such an application, is the subject of a review by, or an appeal or application to, the ART, a Federal Court or any other body or court; and (b) no visa may be granted to the non-citizen as a direct, or indirect, result of such an application. (3) Subsection (1) does not apply in relation to a non-citizen who, before the regulation referred to in that subsection takes effect, has: (a) been granted a substantive visa as a result of an application referred to in that subsection; or (b) been determined under this Act to be a non-citizen who satisfies the criterion mentioned in subsection 36(2). (4) The cut off day specified in the regulation must not be: (a) before a day on which the Minister, by notice in the Gazette, announces that he or she intends that such a regulation will be made; or (b) more than 6 months before the regulation takes effect.