EXPLANATORY STATEMENT

Migration Act 1958,

Migration Regulations 1994

BRIDGING VISA A – CERTAIN APPLICANTS EXEMPT FROM CONDITION 8101 (REGULATION 010.611(2)(c)(i))

1. This Instrument is made under regulation 1.17 of the Migration Regulations 1994 (‘the Regulations’) and subparagraph 010.611(2)(c)(i) 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 010.611(2) of Schedule 2 to the Regulations provides that certain applicants for a Bridging Visa A are to be granted a Bridging Visa A subject to condition 8101 (no work).  Subparagraph 010.611(2)(c)(i) 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 that 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 of the 45-day rule for work rights on the Bridging Visa A associated with their protection visa application.
5. The Instrument also ensures that Subclass 786 Humanitarian Concern Visa holders 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, are exempt from the application of the 45-day rule for work rights on the Bridging Visa A associated with their protection visa application.
6. In addition, the Instrument ensures that Subclass 451 Secondary Movement Relocation Visa, Subclass 447 Secondary Movement Offshore Entry Visa or Subclass 785 Temporary Protection Visa holders who make a further Protection Visa application while their Temporary visa is in effect, are exempt from the application of the 45-day rule for work rights on the Bridging Visa A associated with their protection visa application.
7. The instrument operates by specifying that certain Subclass 695 Return Pending Visa, Subclass 786 Humanitarian Concern Visa, Subclass 451 Secondary Movement Relocation Visa, Subclass 447 Secondary Movement Offshore Entry Visa or 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 010 - Bridging Visa A granted in association with an application for a Protection (Class XA) Visa.  Applicants can be granted a Subclass 010 – Bridging Visa A with work rights.
8. Pursuant to section 18 of the Legislative Instruments Act 2003 consultation on this Instrument was not necessary.  The Instrument is of a minor or machinery nature and does not substantially alter existing arrangements. 
9. The Instrument, IMMI 06/019, commences on the day after it is registered on the Federal Register of Legislative Instruments.