Migration Regulations 1994 Specification of Bridging Visa C Satisfaction of Criteria by Certain Applicants IMMI 06/020 (Cth)

Commonwealth of Australia

Migration Act 1958

Migration Regulations 1994

BRIDGING VISA C – SATISFACTION OF CRITERIA BY CERTAIN APPLICANTS

(REGULATION 030.212(3)(b)(ii))

I, AMANDA VANSTONE, Minister for Immigration and Multicultural Affairs, acting under regulation 1.17 and subparagraph 030.212(3)(b)(ii) of the Migration Regulations 1994 ("the Regulations"):

1. REVOKE the Instrument specifying a class of persons for the purpose of subparagraph 030.212(3)(b)(ii) of the Regulations signed on 10 December 2003.

1. SPECIFY all non-citizens who held a Subclass 785 - Temporary Protection visa, and who within 45 days after the expiry of that Subclass 785 - Temporary Protection visa, made an application for a Protection (Class XA) visa, as a class of persons for the purpose of subparagraph 030.212(3)(b)(ii) of the Regulations in respect of a Bridging Visa C granted or to be granted as a result of the Class XA application.

1. SPECIFY all non-citizens who hold, or have held, a Subclass 786 (Temporary) Humanitarian Concern visa, and who, within 7 working days of the Minister lifting the bar on further visa applications imposed by section 91K of the Migration Act 1958, made an application for a Protection (Class XA) visa, as a class of persons for the purposes of subparagraph 030.212(3)(b)(ii) of the Regulations in respect of a Bridging Visa C granted or to be granted as a result of the Class XA application.

1. SPECIFY all non-citizens who hold, or have held a subclass 695 Return Pending (Temporary) (Class VA) Visa, for whom the Minister has lifted the bar in section 48A of the Migration Act 1958 and who have made an application for a Protection (Class XA) visa, as a class of persons for the purposes of subparagraph 010.611(2)(c)(i) of the Regulations in respect of a Bridging Visa C to be granted as a result of the Class XA application.

This Instrument, IMMI 06/020, commences on the day after it is registered on the Federal Register of Legislative Instruments.

Dated    21 December 2006

AMANDA VANSTONE

Minister for Immigration and Multicultural Affairs

[NOTE 1: Regulation 1.17 provides that the Minister may, by notice published in the Gazette, specify matters required by individual provisions of the Regulations to be specified for the purposes of those provisions.

NOTE 2:          Subclause 030.212(3) sets out requirements for an applicant seeking to meet the time of application criteria for a Subclass 030 – Bridging C visa.  An applicant meets the criteria if, among other things, the applicant is within a class of persons specified by Gazette Notice for subparagraph 030.212(3)(b)(ii), and the Minister is satisfied that the applicant has a compelling need to work.

NOTE 3: Section 48A of the Migration Act 1958 provides that a non-citizen who is refused a protection visa may not make a further application for a protection visa.  However, section 48B provides that the Minister may determine that section 48A does not apply to the non-citizen.]