Commonwealth Coat of Arms of Australia

 

Migration (Arrangements for Bridging visa applications) Amendment Instrument (LIN 24/045) 2024

I, Alison Garrod, delegate of the Minister, make the following instrument.

Dated    30 July 2024

Alison Garrod

Assistant Secretary (Senior Executive Band 1)

Temporary Visas Branch

Department of Home Affairs

 

Contents

1  Name

2  Commencement

3  Authority

4  Schedules

Schedule 1—Amendments

Migration (Arrangements for Bridging visa applications) Instrument (LIN 21/045) 2021

 

1  Name

  This instrument is the Migration (Arrangements for Bridging visa applications) Amendment Instrument (LIN 24/045) 2024.

2  Commencement

  This instrument commences on the day after it is registered.

3  Authority

  This instrument is made under subregulation 2.07(5) of the Migration Regulations 1994 (the Regulations).

4  Schedules

  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1Amendments

Migration (Arrangements for Bridging visa applications) Instrument (LIN 21/045) 2021

1  After subsection 4(6)

Insert:

 (7) Despite subsection (1), for a Bridging E (Class WE) visa, form 866 and form 866 (Internet) are not approved forms if the applicant holds a Subclass 785 (Temporary Protection) visa or a Subclass 790 (Safe Haven Enterprise) visa.

2  Section 5

Omit:

“Note  Regulation 2.10C of the Regulations provides for the time of making an Internet application.”

and substitute:

Note 1 Regulation 2.10C of the Regulations provides for the time of making an Internet application.

Note 2 An unlawful non-citizen located by an officer of Immigration may also apply for a bridging visa directly to that officer – see subregulations 2.10(2A) and (3) of the Regulations.

3  Section 6

Repeal the section, substitute:

6 Additional place and manner for making a Bridging D (Class WD) visa application

  For paragraph 1304(3)(a) of Schedule 1 to the Regulations, an application for a Bridging D (Class WD) visa using paper form 1007:

 (a) must not be made by any electronic means, including by fax or email; and

 (b) must be made:

 (i) in person at an interview with an officer of Immigration, but not in immigration clearance; or

 (ii) by post to an office of Immigration in Australia.

4  After section 6

Insert:

7 Additional place and manner for making a Bridging E (Class WE) visa application

  For paragraph 1305(3)(a) of Schedule 1 to the Regulations, an application for a Bridging E (Class WE) visa using paper form 1008:

 (a) must not be made by any electronic means, including by fax or email; and

 (b) must be made:

 (i) for an applicant in immigration detention – by hand to an officer of Immigration; or

 (ii) in person at an interview with an officer of Immigration, but not in immigration clearance; or

 (iii) by post to an office of Immigration in Australia.

Note Subparagraphs 7(b)(ii) and 7(b)(iii) apply to any applicant, including an applicant in immigration detention.

5  Schedule 1 (table, item 5)

Omit “1005”.