Section 44 — Visa applications — general rule
Text of provision
(1) This Subdivision and the later Subdivisions of this Division, other than this section, Subdivision AG and subsection 138(1), do not apply to criminal justice visas.
(2) This Subdivision and the later Subdivisions of this Division, other than this section and Subdivision AG, do not apply to enforcement visas.
Plain English
Section 44(1) provides that a non-citizen who is in the migration zone and does not hold a visa must apply for a visa, be granted a bridging visa automatically, or depart Australia. Section 44(2) provides that a non-citizen who holds a visa that is about to expire should apply for a further visa before the expiry to maintain lawful status.
The obligation to hold a valid visa applies at all times — there is no grace period after visa expiry.
Practical effect
A non-citizen who is in Australia without a valid visa is an unlawful non-citizen under s 14 and is subject to detention under s 189. The strict liability nature of the s 44/14 regime means that there is no defence of not knowing a visa had expired — the unlawful status arises automatically at the moment of visa expiry without a valid subsequent visa or bridging visa. This is a fundamental difference from Canada's "maintained status" concept. Applicants who lodge in-time extension applications automatically receive a bridging visa, which preserves lawful status pending the outcome.