Section 68 — Transmission of visa evidence
Text of provision
(1) Subject to subsection (2), a visa has effect as soon as it is granted.
(2) A visa may provide that it comes into effect at the beginning of a day, being a day after its grant:
(a) specified in the visa; or
(b) when an event, specified in the visa, happens.
(3) A visa can only be in effect during the visa period for the visa.
Note: A visa that has ceased to be in effect under section 84E may come into effect again under that section during the visa period for the visa.
(4) A bridging visa (the reactivated bridging visa), held by a non-citizen, that has ceased to be in effect under subsection 82(3), will come into effect again during the visa period for the visa if:
(a) the non-citizen does not hold a substantive visa that is in effect; and
(b) either:
(i) the non-citizen does not hold any other bridging visa; or
(ii) the reactivated bridging visa is determined, in accordance with the regulations, to be the most beneficial of the bridging visas held by the applicant.
(5) Subsection (4) does not apply in relation to a Subclass 070 (Bridging (Removal Pending)) visa (the first visa) for a non-citizen that ceases to be in effect under subsection 82(3) if the first visa ceases to be in effect under subsection 82(3) because another Subclass 070 (Bridging (Removal Pending)) visa for the non-citizen comes into effect.
(6) For the purposes of subparagraph (b)(ii) of the definition of visa period in subsection 5(1), the first visa is to be taken to have ceased to be in effect otherwise than under subsection 82(3).
Note: This means that the visa period for the first visa ends when the second visa comes into effect.
Plain English
Section 68 provides that evidence of the grant of a visa may be transmitted electronically or in written form to the visa holder. For most modern visas, the visa exists as an electronic record in the DOHA database — a physical vignette (sticker) in the passport is no longer issued for most visa classes.
The granting of a visa takes effect when the decision is made, not when the notification is received.
Practical effect
The electronic visa system means that visa status is confirmed through the DOHA Visa Entitlement Verification Online (VEVO) system. Airlines and employers use VEVO to check visa status. A person may hold a valid visa without having received formal written notification if the electronic record has been updated. However, for purposes of time limits for review, the notification date (not the grant date) triggers certain rights and obligations.