Overview

The Migration Amendment (Bridging Visa A) Instrument 2009 (F2009L02548) was enacted to address a specific gap in the Migration Regulations 1994, which were themselves amendments to the Migration Act 1958. This legislative instrument was introduced to revise the conditions surrounding work permissions for applicants on a bridging visa A, particularly exempting certain applicants from the no work condition (condition 8101). This was achieved by revoking the previous instrument IMMI 06/019, which had established a class of applicants exempt from the no work condition, and introducing the new instrument to reflect changes in the regulations that abolished the restriction on work permissions for applicants who did not lodge their protection visa application within 45 days of arriving in Australia. The policy objective of this amendment was to streamline the process for certain visa applicants, ensuring they can engage in employment without unnecessary delays. The instrument was made under the authority of the Minister for Immigration and Citizenship, and it commenced on 30 June 2009, not applying to applications made prior to that date.

Scope and Application

The Migration Regulations 1994, as amended by Instrument IMMI 09/068, provide that certain applicants for a protection visa are exempt from the condition 8101 (no work) that typically applies to holders of a bridging visa. This particular legislative instrument applies to individuals who fall within the specified class as determined by the Minister, whose bridging visa applications are not subject to the aforementioned work condition. The exemption is in place to facilitate the timely processing of protection visa applications while providing temporary relief to eligible applicants. The instrument operates within the Commonwealth jurisdiction, applying to all individuals across Australia who meet the criteria outlined by the Minister. It is important to note that the instrument does not apply to applications for a bridging visa made before the commencement date of 30 June 2009. Furthermore, this instrument revokes the previous instrument IMMI 06/019, which had established a different set of criteria for exemption from the condition 8101.

Key Provisions

The legislation in question, F2009L02548, is an instrument made under the Migration Act 1958 and the Migration Regulations 1994. Specifically, it relates to the exemption of certain applicants from condition 8101 of the Bridging Visa A, which typically prohibits work. The relevant provision is found in paragraph 010.611(2)(c)(i) of the Regulations (paragraph 010.611(2)(c)(i)). This instrument revokes an earlier instrument, IMMI 06/019, which was made under the same authority but is now obsolete due to changes in the Regulations. Under this new instrument, IMMI 09/068, the Minister is empowered to specify a class of persons whose visas are exempt from the work restriction of condition 8101. The primary change introduced by this instrument is the abolition of the requirement that applicants for a protection visa who do not lodge their application within 45 days of arriving in Australia are prohibited from working on their bridging visa. This means that certain applicants will no longer face a work ban on their Bridging Visa A, provided they meet the criteria specified by the Minister. The obligations imposed by this instrument primarily fall on the Department of Home Affairs and the visa applicants themselves. The Department must ensure that the correct applicants are identified and exempted from the work condition. Visa applicants must ensure that they are aware of their eligibility for the exemption and that they comply with any conditions attached to their visa. Failure to meet these obligations could result in the applicant being subject to the work restriction, which was previously in place. In terms of offences, penalties, and consequences for breach, the instrument itself does not specify any new penalties or consequences for non-compliance with the exemption from condition 8101. However, if an applicant who is not eligible for the exemption works in breach of condition 8101, they may face civil or criminal penalties under the Migration Act. For example, they could be subject to a pecuniary penalty, which can be up to $27,500 for individuals, or they may face criminal charges that could result in imprisonment. The exact penalties and consequences would be determined by the courts based on the specific circumstances of the case.