The type of visa you will be on if you apply to the FMC, depends on your visa situation at the time when you apply. Please select the heading below that best describes your situation to find out more information about the type of visa you will be on if you apply to the FMC to have your case reviewed:
If you are in detention when you apply for a Protection visa
If you are in detention when you apply for judicial review, usually you will have to stay in detention while your case is being decided.
If you still have a valid visa when you apply to the FMC to review your case
If the visa you used to come to Australia has not expired then you will still be on this visa when you apply for judicial review. You will stay on this visa and the conditions that come with it until it expires. If your case is not successful you will still be on your original visa until it expires. You should check the conditions of your original visa to understand whether you have work and study rights. It’s important that you do not in any way break the conditions of your visa.
If you are on a bridging visa A or C when your RRT case is decided
If you are on a bridging visa A or bridging visa C when your RRT case is decided, and you receive a negative RRT decision, then that bridging visa will expire 28 days after you have been “notified” of the negative decision by the RRT. If you received the RRT decision by email or fax then you have been “notified” of the decision at the end of that day. You must apply to the FMC within 28 days of the date of the fax or email. If you received the RRT decision by post, you have been “notified” of the decision 7 working days after the date of the letter from the RRT. You must apply to the FMC within 35 days of the date of the decision. If you decide to apply to the FMC to have your case reviewed, then you can apply to have your existing bridging visa renewed. You can make an application to the DIAC to renew your bridging visa because your case is going for judicial review. You must apply to the FMC to review your case before your existing bridging visa expires. You should take a copy of your FMC application with you when you go to renew your bridging visa. Usually if your bridging visa is renewed it will stay valid until 28 days after the FMC makes its decision. If you do not apply for a new bridging visa and show your FMC application, then you might become unlawful when your existing visa expires.
If you are on a bridging visa E when you get your RRT decision
If you are on a bridging visa E when you receive your RRT decision and it is a negative decision, you will still be on a bridging visa E. A bridging visa E usually has an expiry date. You will usually have to go to the DIAC and apply for a new bridging visa E every time your last bridging visa E expires. You can re apply for your bridging visa each month by using a form 1008 Application for Bridging visa E — subclass 050. This is the form you will need to fill in when you go to the DIAC to apply for a new bridging visa E each time your bridging visa E expires. You can find a copy of the form 1008 on the DIAC website by clicking
here.
If your case is rejected by the RRT and you decide to apply to the FMC then when you go for your usual bridging visa renewal appointment you will need to fill in the bridging visa E application form and tick the box which says that you are applying for a bridging visa E because you are applying for judicial review. You will need to take a copy of your FMC application with you too so that you can show that you have applied to the FMC to review your case.
