Record when a granted visa comes into effect
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the visa the lawyer supplies, record that, subject to a later commencement written on the visa, a visa has effect as soon as it is granted. If the visa provides that it comes into effect at the beginning of a later day, copy the day or the event written on the visa. Record that a visa can only be in effect during the visa period. If the lawyer has marked that a bridging visa ceased because another visa came into effect, record the reactivation rule and leave blank whether it is met: it comes into effect again during the visa period if the person does not hold a substantive visa that is in effect and either holds no other bridging visa or the visa is determined, in accordance with the regulations, to be the most beneficial. Do not decide that the visa is in effect.
- What the lawyer must review
- The lawyer decides when the visa is in effect. Section 68(1) of the Migration Act 1958 (Cth) says that, subject to subsection (2), a visa has effect as soon as it is granted. Subsection (2) allows the visa to provide for commencement at the beginning of a later day specified in the visa, or when an event specified in the visa happens. Subsection (3) says a visa can only be in effect during the visa period. The note says a visa that ceased under section 84E may come into effect again under that section during the visa period. Section 84E was not opened. Subsection (4) is the bridging-visa reactivation after cessation under subsection 82(3). The regulations that determine the most beneficial bridging visa were not opened. Subsection (5) says subsection (4) does not apply to a Subclass 070 (Bridging (Removal Pending)) visa that ceases under subsection 82(3) because another Subclass 070 (Bridging (Removal Pending)) visa comes into effect. Subsection (6) deals with the visa-period definition in subsection 5(1) for that first visa. The definition was not opened beyond what subsection (6) says. This task does not build a bridging-visa checklist and does not apply the cessation rules except where the lawyer has marked a cessation under subsection 82(3).
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | Do not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Copy a later day or event only if the visa writes it.
- Do not decide that a bridging visa has reactivated.
- Do not apply the regulations that choose the most beneficial bridging visa.
- Do not describe Subclass 070 beyond the exception in subsection (5).
Sources
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.