Migration Law - avoid Confusion when Calculationg Time Periods

Migration Law - avoid confusion when Calculating Time Periods


The Australian Immigration System is thought to be one of the most complicated immigration systems in world. As a result, calculating time periods can be extremely complicated.  Immigration Law consists of the Act, Regulations and Procedure Advice Manuals.  The Procedure Advice Manuals provide guidance and instructions on how to interpret the law, namely the Act and the Regulations.

We have reproduced below and excerpt from the current Procedure Advice Manual which deals with the interpretation of the Schedule 3criteria as set out in the Mgration Regulations.


For criterion 3001

The first of the 28 calendar days is the day after the event that invokes the criterion.

For a person who ceased to hold a substantive or criminal justice visa on or after 1 September 1994, the first of the 28 days is the day after the last day they held the visa.

For a person who entered Australia unlawfully on or after 1 September 1994, the first of the 28 days is the day after the day on which they entered unlawfully.

In order for the criterion to be satisfied, the application must have been lodged on or before midnight of the 28th day. If the 28th day falls on:

•      a weekend

•      a public holiday in any place in Australia where the application could have been made or

•      a bank holiday in any place in Australia where the application could have been made

then the criterion is satisfied if the application was lodged on or before midnight on the first day following the 28th day which is not a Saturday, a Sunday or a public holiday or bank holiday.

For example, if the application was lodged in Sydney on the 29th day and the 28th day was not a public holiday or bank holiday in Sydney but was a public holiday or bank holiday in Melbourne, Canberra or another place in Australia where the visa application may have been made, then the criterion is satisfied.


For criterion 3002

For criterion 3002, 12 months means 12 calendar months, as per the Acts Interpretation Act which states that ‘month’ is

‘a period commencing at the beginning of a day of one of the 12 months of the year and ending immediately before the beginning of the corresponding day of the next month or, if there is no such corresponding day, ending at the expiration of the next month’.

The first day of the 12 month period referred to in criterion 3002 is the day after the event that invokes the criterion.

The 12 month period ends on the preceding corresponding day of the appropriate month. For example:

•      a 12 month period commencing on 14 July 2009 ends on midnight 13 July 2010

•      a 12 month period commencing on 1 July 2009 ends on midnight 30 June 2010.

In order for the criterion to be satisfied, the application must have been lodged on or before midnight of the last day of the 12 month period. If the last day falls on:

•      a weekend

•      a public holiday in any place in Australia where the application could have been made or

•      a bank holiday in any place in Australia where the application could have been made

then the criterion is satisfied if the application was lodged on or before midnight on the first day following the last day which is not a Saturday, a Sunday or a public holiday or bank holiday.

For example, if the application was lodged in Sydney on the day after the last day, and the last day was not a public holiday or bank holiday in Sydney but was a public holiday or bank holiday in Melbourne, Canberra or another place in Australia where the visa application may have been made, then the criterion is satisfied.

As you can see, the interpretation of the law is a very complicated process.  If you require assistnace with your application, please do not hesitate to contact us or purchase any of our products, which will grealy assist your chnaces of success when applying for an Austraian visa.