Overview

The Migration Act 1958, enacted by the Parliament of Australia, governs the regulation of immigration into the country. To address gaps and ensure the effective management of visa applications, the Migration Regulations 1994 were introduced, detailing specific requirements and procedures under the Act. One such regulation, BRIDGING (GENERAL) VISA – SATISFACTION OF CRITERIA BY CERTAIN APPLICANTS, specifies that an applicant for a Bridging (General) visa must meet certain criteria, including being within a class of persons determined by an instrument in writing, and having a compelling need to work as determined by the Minister. The policy objective behind this regulation is to streamline the visa application process for particular applicants, ensuring that those with urgent employment needs can legally work while their applications are being processed. This legislative framework allows for the flexible and efficient handling of bridging visa applications, addressing specific needs of certain applicants.

Scope and Application

The instrument IMMI 09/070, made under the Migration Regulations 1994, serves to specify a class of persons eligible for a Bridging (General) visa by meeting the criteria outlined in paragraph 050.212(8)(b)(ii) of the Regulations. This instrument revokes the previous instrument, IMMI 06/021, which was made under the same provision but is now superseded due to changes in the Regulations. The new instrument applies to applicants who are within a class of persons specified by the instrument and who can demonstrate a compelling need to work. The instrument is effective from 30 June 2009 and does not apply to applications for a bridging visa made before this date. The scope of this instrument is limited to those whose circumstances align with the specified class and who satisfy the compelling need to work criterion. Its jurisdictional reach is governed by the overarching provisions of the Migration Act 1958 and the associated regulations, applying across Australia as a Commonwealth regulation.

Key Provisions

The primary operative sections of this legislation, F2009L02551, are those that specify the criteria for eligibility for a Bridging (General) visa under the Migration Regulations 1994. Section 1 of this Instrument revokes the previous instrument, IMMI 06/021, which was made under paragraph 050.212(8)(b)(ii) of the Regulations. It establishes that an applicant qualifies for a Bridging (General) visa if they belong to a specified class of persons and the Minister is satisfied that they have a compelling need to work. This new Instrument, IMMI 09/070, replaces the previous one and comes into effect on 30 June 2009 at 23:59, and does not apply to applications made before this date. The Act imposes several obligations and requirements on the parties involved. Firstly, the Minister must be satisfied that the applicant has a compelling need to work. This entails a thorough assessment of the applicant's circumstances to determine if there are exceptional reasons for them to seek employment while their visa application is being processed. Secondly, applicants within the specified class of persons must meet the criteria outlined in paragraph 050.212(8)(b)(ii) of the Regulations. This includes ensuring that they are eligible for the Bridging (General) visa and have not lodged an application for a protection visa within 45 days of arriving in Australia, a requirement that has been abolished by these amendments. Under this legislation, there are potential consequences for non-compliance or breaches of the specified criteria. Although the Explanatory Statement does not detail specific offences or penalties, breaches of the Migration Act 1958 can lead to various civil and criminal consequences. Generally, violations of the Act can result in fines, imprisonment, or both, depending on the severity of the breach. For instance, providing false or misleading information in an application can lead to penalties such as fines of up to $55,560 for individuals and $277,800 for corporations, as well as imprisonment for up to five years. Therefore, it is crucial for applicants and the Minister to adhere strictly to the requirements set out in the Act and Regulations to avoid such repercussions.