Migration Regulations 1994 Specification under subparagraph 050.212(8)(c)(ii) Bridging (General) Visa Satisfaction of Criteria by Certain Applicants June 2009 (Cth)

Commonwealth of Australia

Migration Regulations 1994

BRIDGING (GENERAL) VISA – SATISFACTION OF CRITERIA BY CERTAIN APPLICANTS

(SUBPARAGRAPH 050.212(8)(c)(ii))

I, CHRIS EVANS, Minister for Immigration and Citizenship, acting under subparagraph 050.212(8)(c)(ii) of the Migration Regulations 1994 (‘the Regulations’):

1. SPECIFY all non-citizens who 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 050.212(8)(c)(ii) of the Regulations in respect of a Bridging Visa (General) to be granted as a result of the Protection (Class XA) application; AND

1. SPECIFY all non-citizens who have held a Subclass 451 Secondary Movement Relocation (Temporary) visa, a Subclass 447 Secondary Movement Offshore Entry (Temporary) visa or a Subclass 785 Temporary Protection visa and who make a further Protection Visa application, as a class of persons for subparagraph 050.212(8)(c)(ii) of the Regulations in respect of a Bridging Visa (General) to be granted as a result of the Protection (Class XA) visa application; AND

This Instrument, IMMI 09/079, commences on 1 July 2009.

This Instrument, IMMI 09/079, does not apply in relation to an application for a bridging visa made before 1 July 2009.

Dated 25 June 2009

CHRIS EVANS

Minister for Immigration and Citizenship

[NOTE:         An applicant meets the criteria for a Bridging (General) visa if, among other things, the applicant is within a class of persons specified under subparagraph 050.212(8)(c)(ii) by instrument in writing, and the Minister is satisfied that the applicant has a compelling need to work.

NOTE 2:       Subparagraph 050.212(8)(c)(i) provides that persons who hold a Bridging (General) visa, and have also made an application for a Protection (Class XA) visa, must satisfy the Minister that there is an acceptable reason for the delay in applying for that Protection (Class XA) visa.  Persons specified under subparagraph 050.212(8)(c)(ii) do not have to satisfy the test in subparagraph 050.212(8)(c)(i).