Migration Amendment Regulations 2009 (No. 6)1
Select Legislative Instrument 2009 No. 143
I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Migration Act 1958.
Dated 24 June 2009
QUENTIN BRYCE
Governor-General
By Her Excellency’s Command
CHRIS EVANS
Minister for Immigration and Citizenship
1 Name of Regulations
These Regulations are the Migration Amendment Regulations 2009 (No. 6).
2 Commencement
These Regulations commence on 1 July 2009.
3 Amendment of Migration Regulations 1994
Schedule 1 amends the Migration Regulations 1994.
4 Existing applications for bridging visas
The amendments made by these Regulations do not apply in relation to an application for a bridging visa made before 1 July 2009.
Schedule 1 Amendments
(regulation 3)
[1] Schedule 2, paragraph 010.611 (1) (b)
substitute
(b) is an applicant for a Protection (Class AZ) or Protection (Class XA) visa who:
(i) is not a person described in subclause (2); or
(ii) satisfies the criterion in subclause 010.211 (2); or
(c) is a person in a class of persons specified by the Minister by an instrument in writing for this paragraph;
[2] Schedule 2, subclause 010.611 (2)
substitute
(2) In the case of a visa granted to a non-citizen who:
(a) applies for a Protection (Class AZ) or Protection (Class XA) visa; and
(b) satisfies the criterion in subclause 010.211 (3);
condition 8101, if that condition applied to the last visa held by the holder.
[3] Schedule 2, subclauses 020.611 (1) and (2)
substitute
(1) In the case of a visa granted to a non-citizen who is either:
(a) an applicant for a Protection (Class AZ) or Protection (Class XA) visa who:
(i) is not a person described in subclause (2) or (2A); or
(ii) satisfies the criterion in subclause 020.212 (2); or
(b) a person in a class of persons specified by the Minister by an instrument in writing for this paragraph;
Nil.
(2) In the case of a visa granted to a non-citizen who:
(a) applies for a Protection (Class AZ) or Protection (Class XA) visa; and
(b) satisfies the criterion in subclause 020.212 (3);
condition 8101, if that condition applied to the last visa held by the holder.
[4] Schedule 2, subclause 030.212 (3)
substitute
(3) An applicant meets the requirements of this subclause if:
(a) the applicant holds a Bridging C (Class WC) visa that:
(i) was granted as a result of a valid application, made in Australia, for a substantive visa of a kind that could be granted to an applicant who was in Australia; and
(ii) is subject to condition 8101; and
(b) the Minister is satisfied that the applicant has a compelling need to work.
[5] Schedule 2, clause 030.612
substitute
030.612 In the case of a visa granted to a non-citizen who:
(a) applies for a Protection (Class AZ) or Protection (Class XA) visa; and
(b) meets the requirements of subclause 030.212 (5);
condition 8101 if that condition applied to the last visa held by the holder.
030.613 In any other case: condition 8101.
[6] Schedule 2, before subclause 050.212 (6)
insert
(5B) An applicant meets the requirements of this subclause if the applicant:
(a) is a person to whom section 48A of the Act applies; and
(b) has made a request to the Minister to determine under section 48B of the Act that section 48A of the Act does not apply to prevent an application for a protection visa by the applicant; and
(c) has not previously sought, or been the subject of a request by another person for:
(i) a determination under section 48B of the Act; or
(ii) the exercise of the Minister’s power under section 345, 351, 391, 417 or 454 of the Act.
[7] Schedule 2, paragraph 050.212 (6) (b)
substitute
(b) in relation to the decision mentioned in paragraph (a), the applicant:
(i) is the subject of a decision for which the Minister has the power to substitute a more favourable decision under section 345, 351, 391, 417 or 454 of the Act; and
(ii) has made a request to the Minister to substitute a more favourable decision under section 345, 351, 391, 417 or 454 of the Act; and
(c) the applicant has not previously sought, or been the subject of a request by another person for:
(i) the exercise of the Minister’s power under section 345, 351, 391, 417 or 454 of the Act; or
(ii) a determination under section 48B of the Act.
[8] Schedule 2, paragraph 050.212 (6A) (a)
omit
(6) or
[9] Schedule 2, paragraph 050.212 (6A) (b)
substitute
(b) the Minister has decided, under section 345, 351, 391, 417 or 454 of the Act, to substitute a more favourable decision for the decision of a review authority but the applicant cannot, for the time being, be granted a substantive visa because of a determination under section 85 of the Act; and
[10] Schedule 2, after subclause 050.212 (6A)
insert
(6B) An applicant meets the requirements of this subclause if:
(a) the applicant holds, or has held, a Bridging E (Class WE) visa granted before 1 July 2009 on the basis of the applicant meeting the requirements of subclause (6A); and
(b) the applicant is the subject of a decision for which the Minister has the power to substitute a more favourable decision under section 345, 351, 391, 417 or 454 of the Act; and
(c) before 1 July 2009, the applicant made a request to the Minister to substitute a more favourable decision under section 345, 351, 391, 417 or 454 of the Act; and
(d) the Minister has not yet made a decision to substitute a more favourable decision under section 345, 351, 391, 417 or 454 of the Act.
[11] Schedule 2, subclause 050.212 (8)
substitute
(8) An applicant meets the requirements of this subclause if:
(a) the applicant holds a Bridging E (Class WE) visa that:
(i) was granted as a result of a valid application, made in Australia, for a substantive visa of a kind that could be granted if the applicant was in Australia; and
(ii) is subject to condition 8101; and
(b) the Minister is satisfied that the applicant has a compelling need to work; and
(c) in the case of an applicant who was an applicant for a Protection (Class AZ) visa in the period from 1 July 1997 to the end of 19 October 1999, or for a Protection (Class XA) visa on or after 20 October 1999 — either:
(i) the reasons for the delay in making the application for a protection visa are acceptable to the Minister; or
(ii) the applicant is in a class of persons specified by the Minister by instrument in writing for this subparagraph.
[12] Schedule 2, subparagraph 050.612A (1) (a) (vii)
omit
[13] Schedule 2, paragraph 050.612A (1) (b)
omit
050.212 (6A).
insert
050.212 (5B), (6) or (6A).
[14] Schedule 2, subparagraph 050.613A (1) (a) (ii)
omit
1999; and
insert
1999; or
[15] Schedule 2, paragraphs 050.613A (1) (b) and (c)
substitute
(b) is not in a class of persons specified by the Minister by instrument in writing for this paragraph;
[16] Schedule 2, clause 050.614
substitute
050.614 In the case of a visa granted to an applicant (whether or not the applicant is an applicant to whom another clause in this Division would otherwise apply) who:
(a) is an applicant for a Protection (Class AZ) visa in the period from 1 July 1997 to the end of 19 October 1999, or for a Protection (Class XA) visa on or after 20 October 1999; and
(b) meets the requirements of subclause 050.212 (3A), (4), (4AA) or (4A);
whichever of conditions 8101, 8104, 8201, 8207, 8401, 8402, 8403, 8505, 8506, 8507, 8508, 8509, 8510, 8511, 8512 and 8548 apply to the last visa held by the holder.
050.615 (1) In the case of a visa granted to an applicant (whether or not the applicant is an applicant to whom another clause in this Division would otherwise apply) who:
(a) meets the requirements of subclause 050.212 (5B) or (6); and
(b) was not an unlawful non‑citizen after the application for a substantive visa was finally determined up until the time of the request for the Minister:
(i) to substitute a more favourable decision under section 345, 351, 391, 417 or 454 of the Act; or
(ii) to make a determination under section 48B of the Act;
condition 8101, if that condition applied to the last visa held by the holder.
(2) Any 1 or more of conditions 8201, 8207, 8401, 8403, 8505, 8506, 8507, 8508, 8510, 8511, 8512 and 8548 may be imposed.
050.616 In the case of a visa granted to an applicant (whether or not the applicant is an applicant to whom another clause in this Division would otherwise apply) who meets the requirements of subclause 050.212 (6B) — whichever of conditions 8101, 8104, 8201, 8207, 8401, 8402, 8403, 8505, 8506, 8507, 8508, 8509, 8510, 8511, 8512 and 8548 applied to the last Bridging E (Class WE) visa held by the holder.
050.617 In any other case — any 1 or more of conditions 8101, 8104, 8201, 8207, 8401, 8402, 8403, 8505, 8506, 8507, 8508, 8510, 8511, 8512 and 8548 may be imposed.
Note
1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.
