EXPLANATORY STATEMENT
Issued by authority of the Minister for Immigration, Citizenship and Multicultural Affairs
Migration Regulations 1994
Migration (Class of persons for associated bridging visa – Partner and Parent visas) Instrument (LIN 23/029) 2023
1 The instrument, Departmental reference LIN 23/029, is made under paragraphs 010.611(1)(c) and 020.611(1)(b) of Schedule 2 to the Migration Regulations 1994 (‘the Migration Regulations’).
2 The instrument repeals Migration Regulations 1994 – Class of Persons – IMMI 12/094 (F2012L02217) in accordance with subsection 33(3) of the Acts Interpretation Act 1901. That subsection provides that a power to make a legislative instrument includes a power to amend or repeal that instrument in the same manner, and subject to the same conditions, as the power to make the instrument.
3 The instrument commences the day after registration, and is a legislative instrument for the Legislation Act 2003 (the Legislation Act).
Purpose
4 The instrument specifies the class of persons for the purposes of paragraphs 010.611(1)(c) and 020.611(1)(b) of Schedule 2 to the Migration Regulations. Paragraph 010.611(1)(c) provides that no visa conditions are applicable to a Subclass 010 (Bridging A) visa (BVA) granted to a non-citizen who is a person in a class of persons specified by the Minister in an instrument in writing. Paragraph 020.611(1)(b) provides that no visa conditions are applicable to a Subclass 020 (Bridging B) visa (BVB) granted to a non-citizen who is a person in a class of persons specified by the Minister in an instrument in writing.
5 The class of persons consists of those persons who are granted a BVA or BVB in association with an application for certain Partner and Parent visas which can only be granted to applicants in Australia. The application for the substantive visa must not be finally determined. The effect of this instrument is that paragraphs 010.611(1)(c) and 020.611(1)(b) of Schedule 2 to the Migration Regulations prohibit the application of visa conditions to a BVA or a BVB granted in association with an ongoing Subclass 801 (Partner), Subclass 804 (Aged Parent), Subclass 820 (Partner), Subclass 864 (Contributory Aged Parent), or Subclass 884 (Contributory Aged Parent (Temporary)) visa application.
6 This will mean that applicants for these substantive visas will not be subject to any visa conditions while they hold a BVA or BVB granted in association with those substantive visa applications, meaning that these applicants will continue to be permitted to work and study while they await the outcome of their substantive visa application. This measure will also benefit other bridging visa holders who seek permission to work, in that it will reduce processing volumes and consequently timeframes.
7 The instrument does not affect the arrangements for the visa conditions imposed on BVA or BVB holders prescribed in the remaining subclauses of paragraphs 010.611 and 020.611.
Consultation
8 No consultation was done for this instrument. This is because the instrument substantially replicates what is currently in force, with no change in policy.
9 The Office of Impact Analysis (OIA) (formerly the Office of Best Practice Regulation) was consulted and considered that the instrument dealt with matters of a machinery nature and no regulatory impact statement was required. The OIA reference number is OBPR23-04309.
Details of the instrument
10 Paragraph (a) of the instrument repeals Migration Regulations 1994 – Class of Persons – IMMI 12/094 (F2012L02217).
11 Paragraph (b) of the instrument specifies a class of persons for the purposes of paragraphs 010.611(1)(c) and 020.611(1)(b) of Schedule 2 to the Migration Regulations. A person who is granted a BVA or a BVB will be a member of the class of persons for the relevant paragraph where the BVA or BVB is granted to the person in association with a substantive visa application which has not been finally determined. The substantive visa subclasses include:
- Subclass 801 (Partner);
- Subclass 804 (Aged Parent);
- Subclass 820 (Partner);
- Subclass 864 (Contributory Aged Parent ); and
- Subclass 884 (Contributory Aged Parent (Temporary)).
Parliamentary scrutiny etc.
12 The instrument is exempt from disallowance under section 42 of the Legislation Act. This is because it is a legislative instrument made under Schedule 2 to the Migration Regulations and so it is prescribed in subitem 20(b) of the table in section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015.
13 As the instrument is exempt from disallowance, a Statement of Compatibility with Human Rights is not required.
14 The instrument was made by the Minister of Immigration, Citizenship and Multicultural Affairs, in accordance with paragraphs 010.611(1)(c) and 020.611(1)(b) of Schedule 2 to the Migration Regulations.