Commonwealth of Australia
 
                                                             Migration Act 1958
 
                                                       Migration Regulations 1994
 
BRIDGING VISA A – CERTAIN APPLICANTS EXEMPT FROM CONDITION 8101 (REGULATION 010.611(2)(c)(i))
 
I, AMANDA VANSTONE, Minister for Immigration and Multicultural Affairs, acting under regulation 1.17 and subparagraph 010.611(2)(c)(i) of the Migration Regulations 1994 ("the Regulations"):
 
1.       REVOKE the Instrument specifying a class of persons for the purpose of subparagraph 010.611(2)(c)(i) of the Regulations signed on 10 December 2003; and
 
2.       SPECIFY all non-citizens who hold, or have held a Subclass 786 (Temporary) Humanitarian Concern visa, and who, within 7 working days of the Minister lifting the bar on further visa applications imposed by section 91K of the Migration Act 1958, made an application for a Protection (Class XA) visa, as a class of persons for the purposes of subparagraph 010.611(2)(c)(i) of the Regulations in respect of a Bridging Visa A to be granted as a result of the Class XA application.
 
3.       SPECIFY all non-citizens who hold, or have held a Subclass 451 Secondary Movement Relocation (Temporary) visa, a Subclass 447 Secondary Movement Offshore Entry (Temporary) visa or a Subclass 785 Temporary Protection visa and who make a further Protection Visa application while their Temporary visa is in effect, as a class of persons for subparagraph 010.611(2)(c)(i) of the Regulations in respect of a Bridging Visa A to be granted as a result of the Class XA application.
 
4.       SPECIFY all non-citizens who hold, or have held a Subclass 695 Return Pending (Temporary) (Class VA) visa, for whom the Minister has lifted the bar in section 48A of the Migration Act 1958 and who have made an application for a Protection (Class XA) visa, as a class of persons for the purposes of subparagraph 010.611(2)(c)(i) of the Regulations in respect of a Bridging Visa A to be granted as a result of the Class XA application.
 
This Instrument, IMMI 06/019, commences on the day after it is registered on the Federal Register of Legislative Instruments.
 
Dated    21 December 2006
 
 
                                                          AMANDA VANSTONE
Minister for Immigration and Multicultural Affairs
 
[NOTE 1:         Regulation 1.17 provides that the Minister may, by notice published in the Gazette, specify matters required by individual provisions of the Regulations to be specified for the purposes of those provisions.
NOTE 2:          Subclause 010.611(2) provides that certain applicants for a Bridging Visa A are to be granted a Bridging Visa A subject to condition 8101 (no work).
NOTE 3:          Subparagraph 010.611(2)(c)(i) allows the Minister to specify, by Gazette Notice, a class of persons whose visas are not to be subject to this condition.
NOTE 4:          Section 48A of the Migration Act 1958 provides that a non-citizen who is refused a protection visa may not make a further application for a protection visa.  However, section 48B provides that the Minister may determine that section 48A does not apply to the non-citizen.
NOTE 5:          Condition 8101 provides that the visa holder must not engage in work in Australia.]