EXPLANATORY STATEMENT

Migration Act 1958,

Migration Regulations 1994

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

(REGULATION 050.212(8)(b)(ii))

1. This Instrument is made under regulation 1.17 of the Migration Regulations 1994 (‘the Regulations’) and subparagraph 050.212(8)(b)(ii) of Schedule 2 to the Regulations.
2. Regulation 1.17 of the Regulations 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.
3. Subclause 050.212(8) of Schedule 2 to the Regulations provides that certain applicants for a Bridging Visa E are to be granted a Bridging Visa E subject to condition 8101 (no work).  Subparagraph 050.212(8)(b)(ii) allows the Minister to specify, by Gazette Notice, a class of persons whose visas are not to be subject to this condition.
4. The purpose of the Instrument is to ensure the Subclass 695 Return Pending Visa holders for whom the Minister has lifted the bar in section 48A of the Migration Act 1958 (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, are exempt from the application for a Protection (Class XA) Visa, are exempt from the application of the 45-day rule for work rights on the Bridging Visa E associated with their protection visa applications.
5. The Instrument also ensures that Subclass 785 Temporary Protection visa holders who, within 45 days after the expiry of that Subclass 785 Temporary Protection visa, made an application for a Protection (Class XA) visa are exempt from the application of the 45-day rule for work rights on the Bridging Visa E associated with their protection visa application.
6. The instrument operates by specifying that certain Subclass 695 Return Pending Visa and Subclass 785 Temporary Protection Visa holders are not subject to the application of the 45-day rule (that applicants are not eligible to work in Australia if they have been in Australia for 45 days or more in the 12 months before lodging their protection visa application) in relation to a Subclass 050 - Bridging Visa E granted in association with an application for a Protection (Class XA) Visa.  Applicants can be granted a Subclass 050 – Bridging Visa E with work rights.
7. Pursuant to section 18 of the Legislative Instruments Act 2003 consultation was not necessary.  The Instrument is of a minor or machinery nature and does not substantially alter existing arrangements.
8. The Instrument, IMMI 06/021, commences on the day after it is registered on the Federal Register of Legislative Instruments.