Commonwealth legislation

Migration Regulations 1994 - Specification of a Class of Persons - December 2003

RepealedCTH

This Act has been repealed and is no longer in force. It is retained for historical reference.

Jurisdiction

Commonwealth

Collection

legislative instrument

Plain English Summary

3/10 complexity

This document sets the rules for who can get a temporary Bridging visa to stay lawfully in Australia while waiting for a new asylum (protection) application to be processed.

It applies specifically to people who:

Previously held a Temporary Protection visa (Subclass 785) that has since expired; and
Lodged a new application for a Protection visa within 45 days of their old visa expiring.

If you fit this description, you are deemed a member of a special class that qualifies for a Bridging (General) visa (Subclass 050). This keeps you lawfully in the country and may allow you to work while your new protection claim is assessed.

The instrument updates and replaces an earlier version from October 2002.

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Current sections

Direct links to the current provisions in Migration Regulations 1994 - Specification of a Class of Persons - December 2003.

SPECIFICATION OF A CLASS OF PERSONS FOR

SPECIFICATION OF A CLASS OF PERSONS FOR THE PURPOSES OF SUBPARAGRAPH 050.212(8)(b)(ii) OF THE MIGRATION REGULATIONS 1994

I, AMANDA VANSTONE, Minister for Immigration and Multicultural and Indigenous Affairs, acting under regulation 1.17 and subparagraph 050.212(8)(b)(ii) of the Migration Regulations 1994 ("the Regulations"):

REVOKE the Gazette Notice specifying a class of persons for the purpose of subparagraph 050.212(8)(b)(ii) of the Regulations signed on 16 October 2002.
SPECIFY all non-citizens who held a Subclass 785 - Temporary Protection visa, and who within 45 days after the expiry of that Subclass 785 - Temporary Protection visa, made an application for a Protection (Class XA) visa, as a class of persons for the purposes of subparagraph 050.212(8)(b)(ii) of the Regulations in respect of a Bridging (General) visa to be granted as a result of the Class XA application.

Dated 10 December 2003.

AMANDA VANSTONE

Minister for Immigration and Multicultural and Indigenous 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 050.212(8) sets out requirements for an applicant seeking to meet the time of application criteria for a Subclass 050 – Bridging (General) visa. An applicant meets the criteria if, among other things, the applicant is within a class of persons specified by Gazette Notice for subparagraph 050.212(8)(b)(ii), and the Minister is satisfied that the applicant has a compelling need to work.]

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

SPECIFICATION OF A CLASS OF PERSONS FOR SPECIFICATION OF A CLASS OF PERSONS FOR THE PURPOSES OF SUBPARAGRAPH 050.212(8)(b)(ii) OF THE MIGRATION REGULATIONS 1994

SPECIFICATION OF A CLASS OF PERSONS FOR THE PURPOSES OF SUBPARAGRAPH 050.212(8)(b)(ii) OF THE MIGRATION REGULATIONS 1994

REVOKE the Gazette Notice specifying a class of persons for the purpose of subparagraph 050.212(8)(b)(ii) of the Regulations signed on 16 October 2002.
SPECIFY all non-citizens who held a Subclass 785 - Temporary Protection visa, and who within 45 days after the expiry of that Subclass 785 - Temporary Protection visa, made an application for a Protection (Class XA) visa, as a class of persons for the purposes of subparagraph 050.212(8)(b)(ii) of the Regulations in respect of a Bridging (General) visa to be granted as a result of the Class XA application.

Dated 10 December 2003.

AMANDA VANSTONE

Minister for Immigration and Multicultural and Indigenous Affairs