EXPLANATORY STATEMENT

Migration Act 1958

Migration Regulations 1994

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

(SUBPARAGRAPH 050.212(8)(c)(ii))

1. This Instrument is made under subparagraph 050.212(8)(c)(ii) of Schedule 2 to the Regulations.
2. Subparagraph 050.212(8)(c)(ii) allows the Minister to specify, by instrument in writing, a class of persons who do not have to satisfy the Minister that there is an acceptable reason for the delay in applying for a Protection (Class XA) visa.
3. The purpose of the Instrument is to ensure that persons who held a Subclass 786 Humanitarian Concern Visa, 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 satisfying the Minister that there is an acceptable reason for the delay in applying for a Protection (Class XA) visa.
4. The Instrument ensures that persons who held a Subclass 451 Secondary Movement Relocation visa, Subclass 447 Secondary Movement Offshore Entry visa or Subclass 785 Temporary Protection visa, and who make a further Protection visa application are exempt from satisfying the Minister that there is an acceptable reason for the delay in applying for a Protection (Class XA) visa. This ensures continuity in permission to work for persons who are both Protection (Class XA) visa applicants and Resolution of Status (Class CD) visa applicants and are transitioning to a Subclass 851 (Resolution of Status) visa.
5. 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.
6. The Instrument, IMMI 09/079, commences on 1 July 2009, and does not apply in relation to an application for a bridging visa made before 1 July 2009.