Schedule 1 Amendments

(regulation 3)

[1] Regulation 2.10A, heading

substitute

2.10A Notice of lodgment of application — person in immigration detention (Bridging E (Class WE) visa)

[2] After regulation 2.10A

insert

2.10B Notice of lodgment of application — person in immigration detention (Bridging F (Class WF) visa)

(1) This regulation applies in the case of an application for a Bridging F (Class WF) visa that is made by a person who is in immigration detention (the applicant).

(2) The person lodging the application (whether or not the person is the applicant) must give written notice of the application to an officer of Immigration appointed by the Secretary to be an authorised officer for this regulation.

[3] After paragraph 2.12 (1) (m)

insert

(ma) Bridging F (Class WF);

[4] Paragraph 2.21 (2) (e)

omit

visa.

insert

visa;

[5] After paragraph 2.21 (2) (e)

insert

(f) Bridging F (Class WF) visa.

[6] Subregulation 2.24 (1)

substitute

(1) For paragraph 75 (1) (a) of the Act (which deals with the class of bridging visa that may be granted to a non-citizen in immigration detention), the prescribed classes of bridging visa are:

(a) Bridging E (Class WE) visa; and

(b) Bridging F (Class WF) visa.

[7] Subregulation 2.24 (2), note

substitute

Note The prescribed conditions for the purposes of section 75 are set out in:

(a) clause 050.612 in Schedule 2 (for a Bridging E (Class WE) visa); and

(b) clause 060.611 in Schedule 2 (for a Bridging F (Class WF) visa).

[8] Schedule 1, after item 1305

insert

1306. Bridging F (Class WF)

(1) Form: 1239.

(2) Visa application charge: Nil.

(3) Other:

(a) Application must be made in Australia but not in immigration clearance.

(b) Applicant must be in Australia but not in immigration clearance.

(i) does not hold a Bridging F (Class WF) visa; and

(ii) has not held a Bridging F (Class WF) visa since he or she last entered Australia.

(d) Either:

(i) an officer of the Australian Federal Police, or of a police force of a State or Territory, has told Immigration, in writing, that the applicant is a person of interest in relation to an offence or an alleged offence involving:

(A) people trafficking; or

(B) sexual servitude; or

(ii) the applicant is a member of the immediate family of a person who an officer of the Australian Federal Police, or of a police force of a State or Territory, has told Immigration, in writing, is a person of interest in relation to an offence or an alleged offence involving:

(A) people trafficking; or

(B) sexual servitude; or

Note Member of the immediate family is defined in regulation 1.12AA.

(e) An officer of the Australian Federal Police, or of a police force of a State or Territory, has told Immigration, in writing, that suitable arrangements have been made for the care, safety and welfare of the applicant for the proposed period of the visa.

(f) If the applicant is in immigration detention, the authorised officer to whom notice was given under subregulation 2.10B (2) has been informed of the lodgement of the application.

(g) Application by a person claiming to be a member of the immediate family of a person who is an applicant for a Bridging F (Class WF) visa may be made at the same time and place as, and combined with, the application by that person.

(4) Subclasses:

060 (Bridging F)

[9] Schedule 2, after Part 051

insert

Subclass 060 Bridging F

060.1 Interpretation

Note No interpretation provisions specific to this Part.

060.2 Primary criteria

060.21 [No criteria to be satisfied at time of application]

060.22 Criteria to be satisfied at time of decision

060.221 The Minister is satisfied that the applicant is a person of interest in relation to an offence or an alleged offence involving:

(a) people trafficking; or

(b) sexual servitude; or

060.222 The Minister is satisfied that suitable arrangements have been made for the care, safety and welfare of the applicant for the proposed period of the visa.

060.223 The Minister is satisfied that, if the bridging visa is granted, the applicant will abide by the conditions imposed on it.

060.3 Secondary criteria

060.31 [No criteria to be satisfied at time of application]

060.32 Criteria to be satisfied at time of decision

060.321 The applicant is a member of the immediate family of, and made a combined application with, a person in relation to whom the primary criteria in Subdivision 060.22 are satisfied.

060.322 The Minister is satisfied that the applicant continues to be a member of the immediate family of a person of interest in relation to an offence or an alleged offence involving:

(a) people trafficking; or

(b) sexual servitude; or

060.323 The Minister is satisfied that suitable arrangements have been made for the care, safety and welfare of the applicant for the proposed period of the visa.

060.324 The Minister is satisfied that, if the bridging visa is granted, the applicant will abide by the conditions imposed on it.

060.4 Circumstances applicable to grant

060.411 The applicant must be in Australia when the visa is granted.

060.5 When visa is in effect

060.511 Bridging visa:

(a) coming into effect on grant; and

(b) permitting the holder to remain in Australia until the earliest of the following:

(i) a date specified by the Minister;

(ii) the end of 30 days after the date of the grant;

(iii) if:

(A) an officer of the Australian Federal Police, or of a police force of a State or Territory, has told Immigration, in writing, under paragraph 1306 (3) (d) of Schedule 1 that the holder is a person of interest in relation to an offence or an alleged offence involving:

(I) people trafficking; or

(II) sexual servitude; or

(III) deceptive recruiting; and

(B) an officer of that police force tells Immigration, in writing, that the holder is no longer a person of interest in relation to the offence or the alleged offence;

when the Minister gives a written notice to the holder, by one of the methods specified in section 494B of the Act, that the holder is no longer a person of interest;

(iv) if:

(A) a holder is a member of the immediate family of a person; and

(B) an officer of the Australian Federal Police, or of a police force of a State or Territory, has told Immigration, in writing, under paragraph 1306 (3) (d) of Schedule 1 that the person is a person of interest in relation to an offence or an alleged offence involving:

(I) people trafficking; or

(II) sexual servitude; or

(III) deceptive recruiting; and

(C) an officer of that police force tells Immigration, in writing, that the person is no longer a person of interest in relation to the offence or the alleged offence;

when the Minister gives a written notice to the holder, by one of the methods specified in section 494B of the Act, that the person is no longer a person of interest.

060.6 Conditions

060.611 In the case of a visa that is taken to have been granted by operation of section 75 of the Act — conditions 8101 and 8402.

060.612 In any other case:

(a) conditions 8101 and 8401 must be imposed; and

(b) any 1 or more of conditions 8403, 8505, 8506, 8507, 8510 and 8511 may be imposed.

060.7 Way of giving evidence

060.711 No evidence need be given unless the visa holder asks for it.

060.712 If evidence is given, to be given by a visa label attached to a passport.

Notes

1. These Regulations amend Statutory Rules 1994 No. 268, as amended by 1994 Nos. 280, 322, 376 and 452; 1995 Nos. 3, 38, 117, 134, 268, 302 and 411; 1996 Nos. 12, 75 (regulations 7 and 8 were disallowed by the Senate on 11 September 1996), 76, 108, 121, 135, 198, 211 (regulations 4, 10, 11, 13.3, 14-37, 47-49, 51, 53-55, 74, 77.16, 77.19, 78, 85, 119 and 114 were disallowed by the Senate on 7 November 1996) and 276; 1997 Nos. 17, 64, 91, 92, 109, 137, 184, 185, 216, 263, 279, 288, 301 and 354; 1998 Nos. 36, 37, 104 (regulation 15 was disallowed by the Senate on 2 July 1998), 139, 210, 214, 284, 285 (disallowed by the Senate on 31 March 1999), 304, 305, 306 and 322; 1999 Nos. 8, 58, 64, 68 (as amended by 1999 Nos. 81 and 132), 76 (as amended by 1999 Nos. 81 and 132), 81 (as amended by 1999 No. 132), 82, 132, 155, 198, 220 (as amended by 1999 Nos. 259 and 321), 243, 259 (as amended by 2000 No. 259 and 2002 No. 213), 260 (as amended by 1999 No. 321), 321 and 325; 2000 Nos. 52, 62, 108, 192, 259 (as amended by 2000 No. 284) (item [4108] of Schedule 4 was disallowed by the Senate on 1 November 2000), 284 and 335; 2001 Nos. 27, 47, 86, 142, 162, 206, 239, 246, 283, 284, 285 and 291; Act No. 128, 2001; Statutory Rules 2001 No. 344; 2002 Nos. 10, 86, 121, 129 (disallowed by the Senate on 19 June 2002), 213, 230, 299, 323, 347, 348 and 354; Act No. 5, 2003; Statutory Rules 2003 Nos. 57, 94, 106, 122, 154, 224 (disallowed by the Senate on 9 October 2003), 239, 283 (disallowed by the Senate on 24 November 2003) and 296.

2. Notified in the Commonwealth of Australia Gazette on 23 December 2003.