EXPLANATORY STATEMENT

 

Select Legislative Instrument 2009 No. 143

 

Issued by the Minister for Immigration and Citizenship

 

Migration Act 1958

 

Migration Amendment Regulations 2009 (No. 6)

 

 

Subsection 504(1) of the Migration Act 1958 (the Act) provides, in part, that the
Governor-General may make regulations, not inconsistent with the Act, prescribing all matters which by the Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.

In addition, the regulations may be made pursuant to the provisions of the Act in Attachment A.

 

Protection visa applicants are generally granted a bridging visa while their claims are being assessed or reviewed, which allows them to remain in Australia until their applications are finalised. However, no work rights are currently available to people who are applying for a protection visa and who have been in Australia for 45 days or more in the 12 months before their application is made.

 

The purpose of the Regulations is to amend the Migration Regulations 1994 (the Principal Regulations) to abolish the 45-day rule for certain Bridging visa subclasses and provide for new provisions in relation to permission to work for certain applicants. The amendments replace the 45-day rule with a fairer process recognising that people who have complied with migration legislation should not be deprived of permission to work based on the application of the 45-day time limit.

 

The Regulations also allow for certain persons seeking a ministerial determination under section 48B of the Act (that section 48A of the Act does not prevent an application for a protection visa by the applicant) to be eligible for a Subclass 050 Bridging E (Class WE). The Regulations also make other changes to Subclass 050 Bridging E (Class WE) in relation to applicants seeking Ministerial Intervention.

 

Details of the Regulations are set out in Attachment B.

 

The Regulations commence on 1 July 2009.

 

The Office of Best Practice Regulation’s Business Cost Calculator and Assessment Checklists were used to determine that there was a low impact and compliance cost on business.

 

The Department of Health and Ageing, Department of Human Services, Department of Families, Housing, Community Services and Indigenous Affairs and a range of refugee and asylum seeker advocacy non-government organisations were consulted in relation to these amendments. No other consultations were conducted in relation to the Regulations as the amendments were considered not to have relevant implications for any other external agencies or bodies.

 

The Regulations are a legislative instrument for the purposes of the
Legislative Instruments Act 2003.

 

 

 

 

 

ATTACHMENT A

Subsection 504(1) of the Migration Act 1958 (the Act) provides, in part, that the
Governor-General may make regulations, not inconsistent with the Act, prescribing all matters which by the Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.

In addition, the following provisions may apply:

·        subsection 31(3) of the Act which provides that the regulations may prescribe criteria for a visa or visas of a specified class;

·        subsection 31(3) of the Act provides that the regulations may prescribe criteria for a visa or visas of a specified class (which, without limiting the generality of this subsection, may be a class provided for by section 32, 36, 37, 37A but not section 33, 34, 35 or 38 of the Act);

·        subsection 31(5) of the Act, which provides that the regulations specify that a visa is a visa of a particular class;

·        subsection 40(1) of the Act which provides that the regulations may provide that visas or visas of a specified class may only be granted in specified circumstances;

·        subsection 41(1) of the Act provides that the regulations may provide that visas, or visas of a specified class, are subject to specified conditions;

·        subsection 41(2) of the Act provides that, without limiting subsection 41(1), the regulations may provide that a visa, or visas of a specified class, are subject to:

(a) a condition that, despite anything else in the Act, the holder of the visa will not, after entering Australia, be entitled to be granted a substantive visa (other than a protection visa), while he or she remains in Australia; or

(b) a condition imposing restrictions about the work that may be done in Australia by the holder, which, without limiting the generality of this paragraph, may be restriction on doing any work, work other than specified work or work of a specified kind;

·        subsection 41(2A) of the Act provides that the regulations prescribe the circumstances in which the Minister may, by writing, waive a condition of a kind described in paragraph 41(2)(a), to which a particular visa is subject under regulations made for the purposes of that paragraph or under subsection 41(3); and

·        subsection 46(3) of the Act, which provides that the regulations may prescribe criteria that must be satisfied for an application for a visa of a specified class to be a valid application.

ATTACHMENT B

 

Details of the Migration Amendment Regulations 2009 (No. 6)

 

Regulation 1 – Name of Regulations

 

This regulation provides that the title of the Regulations is the Migration Amendment Regulations 2009 (No. 6).

 

Regulation 2 – Commencement

 

This regulation provides for the Regulations to commence on 1 July 2009.

 

Regulation 3 – Amendment of Migration Regulations 1994

 

This regulation provides that Schedule 1 amends the Migration Regulations 1994 (the Principal Regulations).

 

Regulation 4 – Existing applications for bridging visas

 

This regulation provides that the amendments made by these Regulations do not apply in relation to an application for a bridging visa made before 1 July 2009.

 

Schedule 1 Amendments

 

Item [1] – Schedule 2, paragraph 010.611(1)(b)

 

This item substitutes paragraph 010.611(1)(b) of Schedule 2 to the Principal Regulations with new paragraph 010.611(1)(b) and inserts new paragraph 010.611(1)(c).

 

Paragraph 010.611(1)(b) currently provides that no conditions are imposed in the case of a visa granted to a non-citizen who is both: (i) an applicant for a Protection (Class AZ) or Protection (Class XA) visa; and (ii) not a non-citizen described in subclause (2).

 

New paragraphs 010.611(1)(b) and 010.611(1)(c) will provide that no conditions are imposed in the case of a visa granted to a non-citizen who: (b) is an applicant for a Protection (Class AZ) or Protection (Class XA) visa who: (i) is not described in subclause (2); or (ii) satisfies the criterion in subclause 010.211(2); or (c) is a person in a class of persons specified by the Minister by an instrument in writing for this paragraph.

 

The effect of the amendment is to insert criteria that will allow Protection visa applicants who meet the requirements of subclause 010.211(2) (who have made in Australia a valid application for a substantive visa of a kind that can be granted if the applicant is in Australia and that applicant has not been finally determined and the applicant held a substantive visa at the time of that application) and are eligible Bridging A (Class WA) visa applicants to have permission to work (i.e. condition 8101 would not be imposed).

 

 

 

 

Item [2] – Schedule 2, subclause 010.611(2)

 

This item substitutes subclause 010.611(2) of Schedule 2 to the Principal Regulations with new subclause 010.611(2).

 

Current subclause 010.611(2) provides that condition 8101 is imposed on a visa granted to a non-citizen who: applies for a Protection (Class AZ) or Protection (Class XA) visa within the specified time periods and has been in Australia for a period of 45 days or more in the 12 months immediately before the date of that application; and is not either in a class of persons specified by Gazette Notice or a person to whom no primary decision to grant or refuse to grant a Protection (Class AZ) or Protection (Class XA) visa has been made; and 6 months commencing on the date of making the application have elapsed.

 

New subclause 010.611(2) provides that in the case of a visa granted to a non-citizen who: applies for a Protection (Class AZ) or Protection (Class XA) visa; and satisfies the criterion in subclause 010.211(3); condition 8101 is imposed if that condition applied to the last visa held by the holder.

 

The effect of the amendment is to insert criteria that will allow former Protection visa applicants seeking judicial review within statutory time limits (who meet the requirements of subclause 010.211(3)) and who are eligible Bridging A (Class WA) visa applicants permission to work (i.e. condition 8101 would not be imposed) if permission to work was given on the last held visa.

 

In addition, the effect of this amendment is to abolish the “45-day rule” that provides that applicants who do not lodge their application for a protection visa within 45 days of arriving in Australia are not permitted to work on their bridging visa (i.e. condition 8101 is imposed) while their protection visa application is being processed.

 

As a consequence to these amendments subparagraph 010.611(1)(c)(ii) that provided a person to whom no primary decision to grant or refuse to grant a Protection (Class AZ) or Protection (Class XA) visa has been made; and 6 months commencing on the date of making the application have elapsed is no longer necessary.

 

Item [3] – Schedule 2, subclauses 020.611(1) and (2)

 

This item substitutes subclauses 020.611(1) and (2) of Schedule 2 to the Principal Regulations with new subclauses 020.611(1) and (2).

 

Subclause 020.611(1) provided that nil conditions are imposed on a visa granted to a person who: is an applicant for a Protection (Class AZ) or Protection (Class XA) visa; and is not a person described in subclause 020.611(2) or (2A).

 

Subclause 020.611(2) provided that condition 8101 is imposed on a visa granted to a person who applies for a Protection (Class AZ) or Protection (Class XA) visa in the specified time periods and has been in Australia for a period of 45 days or more in the 12 months immediately before the date of that application; and is not either in a class of persons specified by Gazette Notice; or a person to whom no primary decision to grant or refuse to grant a Protection (Class AZ) or Protection (Class XA) visa has been made; and 6 months commencing on the date of making the application have elapsed.

 

New subclause 020.611(1) provides in the case of a visa granted to a non-citizen who is either: an applicant for a Protection (Class AZ) or Protection (Class XA) visa who: is not a person described in subclause 020.611(2) or (2A); or satisfies the criterion in subclause 020.212(2); or a person in a class of persons specified by the Minister in an instrument in writing for this paragraph; nil conditions are imposed.

 

New subclause 020.611(2) provides in the case of a visa granted to a non-citizen who: applies for a Protection (Class AZ) or Protection (Class XA) visa; and satisfies the criterion in subclause 020.212(3); condition 8101 is imposed if that condition applied to the last visa held by the holder.

 

The effect of the amendment made in subclause 020.611(1) is to allow non-citizens who are in a class of persons specified by the Minister by an instrument in writing for this paragraph will have nil conditions imposed.

 

The effect of substituted subclause 020.611(2) is to insert criteria that will allow former Protection visa applicants seeking judicial review within statutory time limits (who meet the requirements of subclause 020.212(3)) and who are eligible Bridging B (Class WB) visa applicants permission to work (i.e. condition 8101 would not be imposed) if permission to work was given on the last held visa.

 

In addition, the effect of this amendment is to abolish the “45 day rule” that provides that applicants who do not lodge their application for a protection visa within 45 days of arriving in Australia are not permitted to work on their bridging visa (i.e. condition 8101 is imposed) while their protection visa application is being processed.

 

As a consequence to these amendments subparagraph 020.611(2)(c)(ii) that provided a person to whom no primary decision to grant or refuse to grant a Protection (Class AZ) or Protection (Class XA) visa has been made; and 6 months commencing on the date of making the application have elapsed is no longer necessary.

 

Item [4] – Schedule 2, subclause 030.212(3)

 

This item substitutes subclause 030.212(3) of Schedule 2 to the Principal Regulations with new subclause 030.212(3).

 

Subclause 030.212(3) provided the following criteria to be satisfied at time of application: an applicant who holds a Bridging C (Class WC) visa that was granted as a result of a valid application made in Australia for a substantive visa of a kind that could be granted if the applicant was in Australia and is subject to condition 8101 and in the case of an applicant for a Protection (Class AZ) or Protection (Class XA) visa in the specified time periods and has been in Australia for a period of less than 45 days in the 12 months immediately before the date of that application; or the applicant is within a class of persons specified by Gazette Notice and the Minister is satisfied the applicant has a compelling need to work.

 

New subclause 030.212(3) provides an applicant meets the requirements of this subclause if: the applicant holds a Bridging C (Class WC) visa that: was granted as the result of a valid application made in Australia, for a substantive visa of a kind that could be granted if the applicant was in Australia; and is subject to condition 8101; and the Minister is satisfied that the applicant has a compelling need to work.

 

The effect of this amendment is to abolish the “45-day rule” that provides that applicants who do not lodge their application for a protection visa within 45 days of arriving in Australia are not permitted to work on their bridging visa (i.e. condition 8101 is imposed) while their protection visa application is being processed.

 

As a consequence to these amendments, subparagraph 030.212(3)(b)(ii) that provided for non-citizens who are in a class of persons specified by Gazette Notice to be excluded from the operation of subparagraph 030.212(3)(b)(i), is no longer necessary.

 

Item [5] – Schedule 2, clause 030.612

 

This item substitutes clause 030.612 of Schedule 2 to the Principal Regulations with new clause 030.612 and inserts new clause 030.613.

 

Clause 030.611 provides in the case of a visa granted to an applicant who meets the requirements of subclause 030.212(3) nil conditions are imposed.

 

Clause 030.612 provided in any other case condition 8101 is imposed

 

New substituted clause 030.612 provides in the case of a visa granted to a non-citizen who: applies for a Protection (Class AZ) or Protection (Class XA) visa; and meets the requirements of subclause 030.212(5); condition 8101 if that condition applied to the last visa held by the holder.

 

New clause 030.613 provides in any other case condition 8101 is imposed.

 

The effect of the amendment is to provide that former Protection visa applicants seeking judicial review within statutory time limits (who meet the requirements of subclause 030.212(5)) and who are eligible Bridging C (Class WC) visa applicants will have permission to work (i.e. condition 8101 would not be imposed) if permission to work was given on the last held visa.

 

Item [6] – Schedule 2, before subclause 050.212(6)

 

This item inserts new subclause 050.212(5B) of Schedule 2 to the Principal Regulations.

 

New subclause 050.212(5B) provides the following criteria to be satisfied at time of application: an applicant meets the requirements of this subclause if the applicant is a person to whom section 48A of the Act applies; and has made a request to the Minister to determine under section 48B of the Act that section 48A of the Act does not prevent an application for a protection visa by the applicant; and the applicant has not previously sought, or been the subject of a request by another person for (i) a determination under section 48B of the Act; or (ii) the exercise of the Minister’s power under section 345, 351, 391, 417 or 454 of the Act.

 

The effect of the amendment is to allow persons seeking a ministerial determination under section 48B of the Act to be eligible for a Subclass 050 Bridging E (Class WE) where the applicant has not previously sought or been the subject of a request by another person for a determination under section 48B or the exercise of the Minister’s power under section 345, 351, 391, 417 or 454 of the Act. Applicants who do not fall within this criteria because they have previously sought or been the subject of a determination under section 48B or the exercise of the Minister’s powers above must meet the criteria in subclause 050.212(2) that provides the Minister is satisfied the applicant is making, or is the subject of, acceptable arrangements to depart Australia to be eligible for a Subclass 050 Bridging E (Class WE) visa.

 

Item [7] – Schedule 2, paragraph 050.212(6)(b)

 

This item substitutes paragraph 050.212(6)(b) of Schedule 2 to the Principal Regulations with new paragraph 050.212(6)(b) and inserts new paragraph 050.212(6)(c).

 

Paragraph 050.212(6)(b) provided the following criteria to be satisfied at time of application: (6) An applicant meets the requirements of this subclause if: (a) the applicant is subject of: (i) a decision in relation to an application made in Australia for a visa; or (ii) a decision to cancel a visa; and (b) in relation to the decision mentioned in paragraph (a): (i) the applicant: (A) is a subject of a decision for which the Minister has the power to substitute a more favourable decision under section 345, 351, 391, 417 or 454 of the Act; and (B) is being assessed by an officer against the Minister’s guidelines for the identification of decisions in relation to which the Minister may think that it is in the public interest to substitute a more favourable decision; and (C) has not previously sought or been the subject of a request by another person for, the exercise of the Minister’s power under that decision to substitute a more favourable decision for the decision; or (ii) the Minister is personally considering whether to exercise, or to consider the exercise of, the Minister’s powers to substitute a more favourable decision under section 345, 351, 391, 417 or 454 of the Act in relation to the applicant.

 

New paragraphs 050.212(6)(b) and 050.212(6)(c) provide “ (b) in relation to the decision mentioned in paragraph (a), the applicant: (i) is the subject of a decision for which the Minister has the power to substitute a more favourable decision under section 345, 351, 391, 417 or 454 of the Act; and (ii) has made a request to the Minister to substitute a more favourable decision under section 345, 351, 391, 417 or 454 of the Act; and (c) the applicant has not previously sought, or been the subject of a request by another person for: (i) the exercise of the Minister’s power under section 345, 351, 391, 417 or 454 of the Act; or (ii) a determination under section 48B of the Act.

 

The purpose of these amendments is to remove the two-stage process in relation to persons seeking Ministerial Intervention provided for in subclauses 050.212(6) and (6A) and provide that a person will only meet this criteria if they have not previously sought, or been the subject of a request by another person for (i) the exercise of the Minister’s power under the above listed sections or a determination under section 48B of the Act.

 

Applicants who do not fall within this criteria because they have previously sought or been the subject of a determination under section 48B or have previously sought or been the subject of the exercise of the Minister’s powers listed above must meet the criteria in subclause 050.212(2) that provides the Minister is satisfied the applicant is making, or is the subject of, acceptable arrangements to depart Australia to be eligible for a Subclass 050 Bridging E (Class WE) visa.

Item [8] – Schedule 2, paragraph 050.212(6A)(a)

 

This item omits “(6) or” from paragraph 050.212(6A)(a) of Schedule 2 to the Principal Regulations.

 

Paragraph 050.212(6A)(a) provided that an applicant meets the requirements of this subclause if: the applicant holds a Bridging E (Class WE) visa granted on the basis of the applicant meeting the requirements of subclause (6) or (6AA).

 

The purpose of this amendment is to remove the two-stage process in relation to applicants for Ministerial Intervention provided for in subclauses 050.212(6) and (6A).

 

Item [9] – Schedule 2, paragraph 050.212(6A)(b)

 

This item substitutes paragraph 050.212(6A)(b) of Schedule 2 to the Principal Regulations with new paragraph 050.212(6A)(b).

 

Paragraph 050.212(6A)(b) provided that an applicant meets the requirements of this subclause if among other things either: the applicant is the subject of: a decision in relation to an application made in Australia for a visa; or a decision to cancel a visa; and the Minister is personally considering whether to exercise powers to substitute a more favourable decision under section 345, 351, 391, 417 or 454 of the Act in relation to that decision or the Minister has decided under the above sections to substitute a more favourable decision of a review authority but the applicant cannot for the time being be granted a substantive visa because of a determination under section 85 of the Act.

 

New paragraph 050.212(6A)(b) provides that the Minister has decided, under section 345, 351, 391, 417 or 454 of the Act, to substitute a more favourable decision for the decision of a review authority but the applicant cannot, for the time being, be granted a substantive visa because of a determination under section 85 of the Act.

 

The effect of this amendment is to remove the two-stage process in relation to applicants for Ministerial Intervention provided for in subclauses 050.212(6) and (6A) and provide that an applicant will only meet the criteria in subclause 050.212(6A) if they hold a Bridging E (Class WE) visa granted on the basis of meeting the requirements in subclause 050.212(6AA); and the Minister has decided, under section 345, 351, 391, 417 or 454 of the Act, to substitute a more favourable decision for the decision of a review authority but the applicant cannot, for the time being, be granted a substantive visa because of a determination under section 85 of the Act; and the Minister is satisfied that the applicant has a compelling need to work.

 

Item [10] – Schedule 2, after subclause 050.212(6A)

 

This item inserts subclause 050.212(6B) of Schedule 2 to the Principal Regulations.

 

New subclause 050.212(6B) provides the following criteria to be satisfied at time of application: (6B) An applicant meets the requirements of this subclause if: (a) the applicant holds, or has held, a Bridging E (Class WE) visa granted before 1 July 2009 on the basis of the applicant meeting the requirements of subclause (6A); and (b) the applicant is the subject of a decision for which the Minister has the power to substitute a more favourable decision under section 345, 351, 391, 417 or 454 of the Act; and (c) before 1 July 2009, the applicant made a request to the Minister to substitute a more favourable decision under section 345, 351, 391, 417 or 454 of the Act; and (d) the Minister has not yet made a decision to substitute a more favourable decision under section 345, 351, 391, 417 or 454 of the Act.

 

The effect of this amendment together with the amendment in Item [16] that inserts new clause 050.616 is to provide that an applicant who holds or has held a Bridging E (Class WE) visa granted before 1 July 2009 on the basis of a request for the Minister to substitute a more favourable decision under section 345, 351, 391, 417 or 454 of the Act and the Minister has not yet made a decision to substitute a more favourable decision under the above sections to have permission to work (i.e. condition 8101 would not be imposed) if they had permission to work attached to their last held visa.

 

Item [11] – Schedule 2, subclause 050.212(8)

 

This item substitutes subclause 050.212(8) of Schedule 2 to the Principal Regulations with new subclause 050.212(8).

 

Subclause 050.212(8) provided that an applicant meets the requirements of this subclause if: the applicant holds a Bridging E (Class WE) visa that: was granted a result of a valid application, made in Australia, for a substantive visa of a kind that could be granted if the applicant was in Australia and is subject to condition 8101; and in the case of an applicant for a Protection (Class AZ) or Protection (Class XA) visa in the specified time periods and has been in Australia for a period of less than 45 days in the 12 months immediately before the date of that application; or the applicant is within a class of persons specified by Gazette Notice and the Minister is satisfied the applicant has a compelling need to work.

 

New subclause 050.212(8) provides the following criteria to be satisfied at time of application: (8) An applicant meets the requirements of this subclause if: (a) the applicant holds a Bridging E (Class WE) visa that: (i) was granted as a result of a valid application, made in Australia, for a substantive visa of a kind that could be granted if the applicant was in Australia; and (ii) is subject to condition 8101; and (b) the Minister is satisfied that the applicant has a compelling need to work; and (c) in the case of an applicant who was an applicant for a Protection (Class AZ) visa in the period from 1 July 1997 to the end of 19 October 1999, or for a Protection (Class XA) visa on or after 20 October 1999 – either: (i) the reasons for the delay in making the application for a protection visa are acceptable to the Minister; or (ii) the applicant is in a class of persons specified by the Minister by instrument in writing for this subparagraph.

 

The effect of this amendment is to abolish the “45-day rule” that provides that applicants who do not lodge their application for a protection visa within 45 days of arriving in Australia are not permitted to work on their bridging visa (i.e. condition 8101 is imposed) while their protection visa application is being processed. This rule is now replaced with a new test that provides that the Minister must be satisfied that the applicant has a compelling need to work; and the reasons for the delay in making the application for a protection visa are acceptable to the Minister.

 

 

 

 

Item [12] – Schedule 2, subparagraph 050.612A(1)(a)(vii)

 

This item omits subparagraph 050.612A(1)(a)(vii) from Schedule 2 to the Principal Regulations.

 

Subparagraph 050.612A(1)(a)(vii) provided that clause 050.612A(1) applies to a visa that is granted to an applicant (whether or not the applicant is an applicant to whom another clause in this Division would otherwise apply) who: meets the requirement of among other listed provisions (vii) subclause 050.612(6).

 

The effect of this amendment is consequential to the removal of the two-stage Ministerial Intervention process that provides for when condition 8101 is imposed.

 

Item [13] – Schedule 2, paragraph 050.612A(1)(b)

 

This item omits paragraph 050.612A(1)(b) from Schedule 2 to the Principal Regulations.

 

Paragraph 050.612A(1)(b) provided that subclause 050.612A(1) did not apply to a visa that was granted to an applicant who meets the requirements of subclause 050.212(6A).

 

New paragraph 050.612A(1)(b) provides that subclause 050.612(A) does not apply to a visa that is granted to an applicant who meets the requirements of subclauses 050.612(5B), (6) or (6A).

 

This amendment is consequential to the amendments made by items [6] to [10].

 

Item [14] – Schedule 2, subparagraph 050.613A(1)(a)(ii)

 

This item omits “1999; and” and inserts “1999; or” in subparagraph 050.613A(1)(a)(ii) of Schedule 2 to the Principal Regulations.

 

This amendment is consequential to the amendments made by item [15].

 

Item [15] – Schedule 2, paragraphs 050.613A(1)(b) and (c)

 

This item substitutes paragraphs 050.613A(1)(b) and (c) of Schedule 2 to the Principal Regulations with new paragraph 050.613A(1)(b) and omits paragraph 050.613A(1)(c).

 

Paragraphs 050.613A(1)(b) and (c) provided that in the case of a visa granted to an applicant, (whether or not the applicant is an applicant to which any other clause in this Division applies) who: applies for: a Protection (Class AZ) or Protection (Class XA) visa in the specified time periods and has been in Australia for a period of 45 days or more in the 12 months immediately before the date of that application; and is not within a class of persons specified by Gazette Notice: condition 8101 is imposed.

 

The effect of this amendment is to abolish the “45 day rule” that provides that applicants who do not lodge their application for a protection visa within 45 days of arriving in Australia are not permitted to work on their bridging visa (i.e. condition 8101 is imposed) while their protection visa application is being processed. See item [11] above for the new test that replaces the “45-day rule”. The provision to allow the Minister to specify a class of persons for the purposes of 050.613A(1) is retained.

 

Item [16] – Schedule 2, clause 050.614

 

This item substitutes clause 050.614 of Schedule 2 to the Principal Regulations with new clause 050.614 and inserts new clauses 050.615, 050.616 and 050.617.

 

Clause 050.614 provided in any other case – any 1 or more of conditions 8101, 8104, 8201, 8207, 8401, 8403, 8505, 8506, 8507, 8508, 8510, 8511, 8512 and 8548 may be imposed.

 

New clause 050.614 provides: In the case of a visa granted to an applicant (whether or not the applicant is an applicant to whom another clause in this Division would otherwise apply) who: is an applicant for a Protection (Class AZ) or Protection (Class XA) visa in the specified time periods and meets the requirements of subclause 050.212(3A), (4), (4AA) or (4A); whichever of conditions 8101, 8104, 8201, 8207, 8401, 8402, 8403, 8505, 8506, 8507, 8508, 8509, 8510, 8511, 8512 and 8548 apply to the last visa held by the holder.

 

New clause 050.615 provides: (1) In the case of a visa granted to an applicant (whether or not the applicant is an applicant to whom another clause in this Division would otherwise apply) who: (a) meets the requirements of subclause 050.212(5B) or (6); and (b) was not an unlawful non-citizen after the application for a substantive visa was finally determined up until the time of the request for the Minister: (i) to substitute a more favourable decision under section 345, 351, 391, 417 or 454 of the Act; or (ii) to make a determination under section 48B of the Act; condition 8101 if that condition applied to the last visa held by the holder. (2) Any 1 or more of conditions 8201, 8207, 8401, 8403, 8505, 8506, 8507, 8508, 8510, 8511, 8512 and 8548 may be imposed.

 

New clause 050.616 provides: In the case of a visa granted to an applicant (whether or not the applicant is an applicant to whom another clause in this Division would otherwise apply) who meets the requirements of subclause 050.212(6B) – whichever of conditions 8101, 8104, 8201, 8207, 8401, 8402, 8403, 8505, 8506, 8507, 8508, 8509, 8510, 8511, 8512 and 8548 apply to the last Bridging E (Class WE) visa held by the holder.

 

New clause 050.617 provides: In any other case – any 1 or more of conditions 8101, 8104, 8201, 8207, 8401, 8402, 8403, 8505, 8506, 8507, 8508, 8510, 8511, 8512 and 8548 may be imposed.

 

The effect of new clause 050.614 is to provide the conditions that will be imposed on a Bridging E (Class WE) visa where an applicant is an applicant for a Protection (Class AZ) or Protection (Class XA) visa in the specified time periods and who meets the requirements of subclause 050.212(3A), (4), (4AA) or (4A) are whichever conditions listed above that apply to the last visa held by the holder.

 

The effect of new clause 050.615 is to provide the conditions that will be imposed on a Bridging E (Class WE) visa where an applicant meets the requirements of subclause 050.212(5B) (provided for above in item [6]) or subclause 050.212(6) (provided for above in item [7]) and was not an unlawful non-citizen after the application for a substantive visa was finally determined up until the time of the request for the Minister to substitute a more favourable decision under the sections listed above; or to make a determination under section 48B of the Act; condition 8101 will apply if that condition applied to the last visa held by the holder. In addition, other conditions may be imposed as listed in subclause 050.615(2).

 

The effect of new clause 050.616 is to provide the conditions that will be imposed on a Bridging E (Class WE) visa where an applicant meets the requirements of subclause 050.212(6B) (provided for above in item [10]); whichever of the conditions apply to the last Bridging E (Class WE) visa held by the holder.

 

The effect of new clause 050.617 is to provide the conditions that will be imposed on a Bridging E (Class WE) visa in any other case.