Applications made before regulations take effect
act-s91G — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

91G 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.










Subdivision AJ—Temporary safe haven visas