Skip to content

Departmental Information

Allowing persons who have had a visa cancellation decision set aside by the Migration Review Tribunal (MRT), but whose visa period would have already ceased, to apply for certain visas onshore within 28 days of being notified of the MRT decision

23 December 2004 - Legislation change

Client summary

From 23 December 2004, the Migration Regulations 1994 are amended to allow people who have had a visa cancellation decision set aside by the MRT, but whose visa period would have already ceased by the time that cancellation decision was set aside, to apply for certain visas onshore. In these cases the visa cannot be re-instated as the period of visa validity has passed. In order to remain lawfully in Australia the person must apply for a new visa. Under the amended regulations, the fact that these persons do not hold a substantive visa does not prevent them from being able to make a valid application for, or meet the criteria for, certain onshore visas so long as they apply for the visa within 28 days of being notified of the MRT decision.

Technical details

Additional information:

From 23 December 2004, people who have had a visa cancellation decision, or a decision not to revoke a visa cancellation set aside by the MRT where the visa would have already ceased by the time that cancellation decision was set aside, will be able to make a valid application onshore within 28 days of being notified of the MRT decision, for the following visa:

  • Subclass 497 Graduate Skilled (Temporary) - if within the 6 months immediately before their visa was cancelled they were the holder of a subclass 560 visa (not an ELICOS/ English language, government sponsored, Ausaid/ Defence sponsored, or non-award visa), a subclass 562 visa (not an Iranian Postgraduate Student visa), a subclass 563 visa (not a Postgraduate Iranian dependent visa), a subclass 572 visa (not an ELICOS/ English language or Ausaid/ Defence sponsored visa), a subclass 573 visa or a subclass 574 visa .

From 23 December 2004, people who have had a visa cancellation decision, or a decision not to revoke a visa cancellation set aside by the MRT will be able to meet Schedule 3 criterion 3001 in the following visas, or paragraphs 57x.211(3)(c) in Subclasses 570 to 576, and paragraph 580.211(3)(c) in Subclass 580, so long as they apply within 28 days of being notified of the MRT’s decision, or within 28 days of their last substantive visa being in effect - whichever is the later:

  • Subclass 570 (Independent ELICOS Sector)
  • Subclass 571 (Schools Sector)
  • Subclass 572 (Vocational Education and Training Sector)
  • Subclass 573 (Higher Education Sector)
  • Subclass 574 (Postgraduate Research Sector)
  • Subclass 575 (Non-Award Sector)
  • Subclass 576 (AusAID or Defence Sector)
  • Subclass 580 (Student Guardian)
  • Subclass 675 Medical Treatment (short stay)
  • Subclass 676 Tourist (short stay)
  • Subclass 685 Medical Treatment (long stay)
  • Subclass 686 Tourist (long stay)
  • Subclass 820 Spouse
  • Subclass 826 Interdependency
  • Subclass 855 Labour Agreement
  • Subclass 856 Employer Nomination Scheme
  • Subclass 857 Regional Sponsored Migration Scheme
  • Subclass 858 Distinguished Talent

Transitional arrangements: These amendments will apply to applications made on or after 23 December 2004 .

Forms: Nil

Instructions: Nil

Effect on delegations: Nil

Effect on systems: Nil