Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014 (135 of 2014)

Schedule 6   Unauthorised maritime arrivals and transitory persons: newborn children

Part 2   Application of amendments

13   Retrospective application of section 46A (visa applications by unauthorised maritime arrivals)

Scope

(1) This item applies if the operation of item 11 (retrospective application of Part 1 amendments) results in a person being taken to have been an unauthorised maritime arrival at a particular time.

Subsection 46A(1) taken to apply despite the holding of certain visas

(2) Subsection 46A(1) of the Migration Act 1958 is taken to have applied in relation to the person at that time despite the fact that the person was a lawful non-citizen at the time, if the person was a lawful non-citizen only because he or she held one or more of the following visas:

(a) a bridging visa;

(b) a temporary safe haven visa;

(c) a temporary (humanitarian concern) visa;

(d) a temporary protection visa granted before 2 December 2013.

Note: Subsection 46A(1) of that Act prevents visa applications by unauthorised maritime arrivals in Australia who are unlawful non-citizens, unless the Minister makes a determination under subsection 46A(2).

Determinations under section 46A made for parent

(3) Subsection 46A(1) of the Migration Act 1958 does not apply in relation to an application for a visa by the person (the child ) if:

(a) the application is made at any time, whether before, on or after the commencement day; and

(b) the Minister has made a determination under subsection 46A(2) of that Act in relation to an application by a parent of the child, made before the commencement day, for the same kind of visa.