EXPLANATORY STATEMENT

Migration Regulations 1994

Migration (LIN 19/061: Bridging (General) Visa—Satisfaction of Criteria by Certain Applicants) Instrument 2019

(Subparagraph 050.212(8)(c)(ii))

1. The instrument, LIN 19/061, is made under subparagraph 050.212(8)(c)(ii) of Schedule 2 to the Migration Regulations 1994 (the Regulations).
2. The instrument repeals IMMI 09/079 (F2009L02552) made under subparagraph 050.212(8)(c)(ii), in accordance with subsection 33(3) of the Acts Interpretation Act 1901 (the AIA). Subsection 33(3) of the AIA states that where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character, the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.
3. Under paragraph 050.212(8)(c) of Schedule 2 to the Regulations, the reasons for the delay in making an application for a Protection (Class XA) visa must be acceptable to the Minister. The instrument operates to specify a class of persons who are not required to satisfy the Minister with an acceptable reason for a delay in making an application for a Protection (Class XA) visa. Applicants in a class of persons specified by the Minister do not need to satisfy the requirements of subparagraph 050.212(8)(c)(i) of the Regulations and are eligible to be considered for the grant of an associated Bridging (General) (Class WE) visa.
4. The purpose of the instrument is to ensure that:

• persons who currently hold, or have ever held, a Subclass 786 Humanitarian Concern visa for whom the Minister has lifted the bar in section 91K of the Act and who have made an application for a Protection (Class XA) visa within 7 working days of being given notice that the Minister has lifted the bar under section 91L of the Act, are exempt from satisfying the Minister that there is an acceptable reason for the delay in applying for a Protection (Class XA) visa under subparagraph 050.212(8)(c)(i) of Schedule 2 to the Regulations; and
• persons who currently hold, or have ever held a Subclass 785 Temporary Protection visa and who make an application for a Protection (Class XA) visa are specified, for the purposes of section 91K of the Act, as a class of persons, under subparagraph 050.232(8)(c)(ii) of Schedule 2 to the Regulations, who are exempt from satisfying the Minister of an acceptable reason for a delay in applying for that visa. This ensures continuity in permission and therefore the ability to work for persons who are both Protection (Class XA) visa applicants and Resolution of Status (Class CD) visa applicants and are transitioning to a Subclass 851 (Resolution of Status) visa.

5.      The instrument also removes references to visa Subclass 451 Secondary Movement Relocation and Subclass 447 Secondary Movement Offshore Entry visas which were repealed by Select Legislative Instrument No. 168 of 2005.

6.      In accordance with paragraph 15J(2)(e) of the Legislation Act 2003, consultation was not necessary as the instrument is of a minor or machinery nature and does not substantially alter existing arrangements.

7.      The Office of Best Practice Regulation (OBPR) have advised that a Regulatory Impact Statement is not required (OBPR Reference: 24201).

8.      Under section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015, the instrument is exempt from disallowance and therefore a Statement of Compatibility with Human Rights is not required.

9.      The instrument commences on the day after this instrument is registered on the Federal Register of Legislation.