Section 35 — Migration Act 1958 (Cth)

(1) There is a class of permanent visas to remain in, but not re‑enter, Australia, to be known as ex‑citizen visas.

(2) A person who:

(a) before 1 September 1994, ceased to be an Australian citizen while in the migration zone; and

(b) did not leave Australia after ceasing to be a citizen and before that date;

is taken to have been granted an ex‑citizen visa on that date.

(3) A person who, on or after 1 September 1994, ceases to be an Australian citizen while in the migration zone is taken to have been granted an ex‑citizen visa when that citizenship ceases.

(4) Subdivisions AA, AB, AC (other than section 68) and AH do not apply in relation to ex‑citizen visas.

Related sections

• s 32 — Special category visas
• s 33 — Special purpose visas
• s 34 — Absorbed person visas
• s 35A — Protection visas—classes of visas
• s 36 — Protection visas—criteria provided for by this Act
• s 36A — Consideration of protection obligations

Research how courts apply s 35

BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.