Overview

The Migration Act 1958, amended by the legislative instrument F2007L00005, was enacted to address a gap in the application of work rights on Bridging Visa A for specific applicants. This instrument, made under regulation 1.17 of the Migration Regulations 1994, specifies exemptions from condition 8101, which imposes a no-work condition on certain applicants for a Bridging Visa A. The problem this legislation aims to resolve is the ineligibility for work rights on Bridging Visa A for applicants who have been in Australia for 45 days or more in the 12 months before lodging their protection visa application, under certain conditions. The instrument provides exemptions for Subclass 695 Return Pending Visa, Subclass 786 Humanitarian Concern Visa, Subclass 451 Secondary Movement Relocation Visa, Subclass 447 Secondary Movement Offshore Entry Visa, and Subclass 785 Temporary Protection Visa holders who apply for a Protection (Class XA) Visa within seven working days of being notified that the bar has been lifted. This exemption ensures that these specific visa holders can be granted a Bridging Visa A with work rights. The policy objective is to streamline the visa application process and provide clarity on work rights for these particular visa holders.

Scope and Application

The instrument under consideration pertains to the Migration Act 1958 and the Migration Regulations 1994, specifically targeting certain visa holders who are exempt from the 45-day rule for work rights on a Bridging Visa A when they apply for a Protection (Class XA) Visa. The act applies to individuals holding a 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 who are granted a Bridging Visa A in association with a Protection Visa application. This exemption is effective when the visa holder applies for a Protection Visa within seven working days of receiving notice that the Minister has lifted the bar under sections 48A or 91K of the Migration Act. The exemption operates to allow these individuals to engage in work activities immediately upon being granted the Bridging Visa A, circumventing the usual 45-day waiting period. This instrument is issued under the authority of the Minister for Immigration and Border Protection and is intended to ensure that specified visa holders are not subject to the 45-day rule for work rights. The instrument is of a minor nature, does not require consultation, and commences on the day after it is registered on the Federal Register of Legislative Instruments.

Key Provisions

The primary sections of this legislative instrument relate to the exemption of certain visa holders from the 45-day work restriction condition that applies to a Bridging Visa A (Subclass 010) (sections 1-4). This exemption applies to applicants who have made a Protection (Class XA) Visa application within seven working days of being notified that the Minister has lifted the bar under section 48A of the Migration Act 1958 for Subclass 695 Return Pending Visa holders or under section 91K for Subclass 786 Humanitarian Concern Visa holders. It also applies to holders of a Subclass 451 Secondary Movement Relocation Visa, Subclass 447 Secondary Movement Offshore Entry Visa or Subclass 785 Temporary Protection Visa who make a further Protection Visa application while their temporary visa is in effect. Under this legislation, certain applicants are granted a Bridging Visa A without the usual 45-day work restriction condition (section 2). These applicants must have made a Protection (Class XA) Visa application within seven working days of being notified that the Minister has lifted the bar under section 48A or section 91K of the Act, or they must be holders of a Subclass 451, 447, or 785 visa who apply for a Protection (Class XA) Visa while their temporary visa is in effect. This exemption ensures that these applicants are eligible to work in Australia under their Bridging Visa A immediately upon its issuance. The legislation imposes obligations on the Department of Home Affairs to ensure that the appropriate exemptions are applied to the relevant applicants. It also requires the Department to issue a Bridging Visa A to eligible applicants without the 45-day work restriction condition. The Department must also ensure that these applicants are provided with the necessary information regarding their visa conditions and rights. Breaches of this legislation may result in civil or criminal penalties. The specific penalties depend on the nature and severity of the breach, and can include fines and imprisonment. Under section 231 of the Migration Act 1958, a person who contravenes a condition of their visa may be liable for a penalty of up to $33,000 or imprisonment for up to two years, or both. The maximum penalties for contravening the Act or Regulations can be higher in certain circumstances, and may include fines of up to $220,000 or imprisonment for up to ten years, or both. It is important to note that these penalties are in addition to any other penalties that may apply under other laws.