(a) the non‑citizen is an unauthorised maritime arrival because of subsection 5AA(1A) of the Act (which is about a non‑citizen born in the migration zone with a parent who is at the time of the birth an unauthorised maritime arrival because of subsection 5AA(1) of the Act); and
(b) a parent of the non‑citizen is or was an eligible non‑citizen.
Note 1: A non‑citizen born on or after the day this subregulation commences becomes an eligible non‑citizen because of this subregulation:
(a) at birth, if at least one of his or her parents is an eligible non‑citizen then or had been an eligible non‑citizen before then; or
(b) at the time after birth when at least one of the non‑citizen’s parents first becomes an eligible non‑citizen, if none of the non‑citizen’s parents was an eligible non‑citizen before that time.
Note 2: A non‑citizen who was born before the day this subregulation commences becomes an eligible non‑citizen because of this subregulation:
(a) on that day, if at least one of his or her parents is an eligible non‑citizen then or had been an eligible non‑citizen before then; or
(b) at the time after that day when at least one of the non‑citizen’s parents first becomes an eligible non‑citizen, if none of the non‑citizen’s parents was an eligible non‑citizen before that time.
(12) This subregulation applies to a non‑citizen if:
(a) the non‑citizen is in immigration detention; and
(b) the Minister is satisfied that the non‑citizen’s removal from Australia is not reasonably practicable at that time; and
(c) the Minister is satisfied that the non‑citizen will do everything possible to facilitate the non‑citizen’s removal from Australia; and
(e) any visa applications made by the non‑citizen, other than an application made following the exercise of the Minister’s power under section 48B of the Act, have been finally determined.
(13) For paragraph (12)(b), a non‑citizen’s removal from Australia is not to be taken to be not reasonably practicable only because the non‑citizen is a party to proceedings in a court or tribunal related to an issue in connection with a visa.
(14) This subregulation applies to:
(a) a non‑citizen:
(i) who is outside Australia; and
(ii) in relation to whom an officer of:
(A) the Australian Federal Police; or
(B) a police force of a State or Territory; or
(C) the office of the Director of Public Prosecutions of the Commonwealth, a State or a Territory; or
(D) a body of the Commonwealth, a State or a Territory that has functions similar to those of an office of a Director of Public Prosecutions;
has told Immigration in writing that:
(E) the non‑citizen has been identified as a suspected victim of human trafficking, slavery or slavery‑like practices; and
(F) suitable arrangements have been made for the care, safety and welfare of the non‑citizen in Australia for the proposed period of the bridging visa; and
(b) a non‑citizen (a family member):
(i) who is outside Australia; and
(ii) who is a member of the immediate family of a non‑citizen mentioned in paragraph (a); and
(iii) in relation to whom the Minister has been told in writing, by an officer of the authority that told Immigration for the purposes of paragraph (a), that suitable arrangements have been made for the care, safety and welfare of the family member in Australia for the proposed period of the bridging visa.
(15) This subregulation applies to:
(a) a non‑citizen:
(i) who is in Australia; and
(ii) is the subject of a valid criminal justice stay certificate under Division 4 of Part 2 of the Act or an assistance notice that has not been revoked; and
(iii) whom the Minister is satisfied needs to travel outside Australia for compelling and compassionate reasons; and
(iv) in relation to whom an officer of:
(A) the Australian Federal Police; or
(B) a police force of a State or Territory; or
(C) the office of the Director of Public Prosecutions of the Commonwealth, a State or a Territory; or
(D) a body of the Commonwealth, a State or a Territory that has functions similar to those of an office of a Director of Public Prosecutions;
has told Immigration in writing that suitable arrangements have been made for the care, safety and welfare of the non‑citizen in Australia for the proposed period of the bridging visa; and
(b) a non‑citizen (a family member):
(i) who is a member of the immediate family of a non‑citizen mentioned in paragraph (a); and
(ii) in relation to whom the Minister has been told in writing, by an officer of the authority that told Immigration for the purposes of subparagraph (a)(iv), that suitable arrangements have been made for the care, safety and welfare of the family member in Australia for the proposed period of the bridging visa.
(16) This subregulation applies to a non‑citizen:
(a) who held an enforcement visa that has ceased to be in effect; and
(b) who is an unlawful non‑citizen; and
(d) who is in criminal detention.
(17) This subregulation applies to a non‑citizen if:
(a) the non‑citizen is an unlawful non‑citizen; and
(b) section 195A of the Act is not available to the Minister in relation to the grant of a visa to the non‑citizen; and
(c) the Minister is satisfied that the non‑citizen’s removal from Australia is not reasonably practicable at that time.
(18) This subregulation applies to a non‑citizen if there is no real prospect of the removal of the non‑citizen from Australia becoming practicable in the reasonably foreseeable future.
(19) This subregulation applies to a non‑citizen if:
(a) the non‑citizen is the holder of a Bridging R (Class WR) visa; and
(b) either:
(i) the visa was granted by the Minister under section 195A of the Act; or
(ii) if the non‑citizen has previously held other Bridging R (Class WR) visas—the first of those visas was granted by the Minister under section 195A of the Act.
2.20A Applications for Bridging R (Class WR) visas
(1) For subsection 46(2) of the Act, a Bridging R (Class WR) visa is a prescribed class of visa.
(2) An application for a Bridging R (Class WR) visa is taken to have been validly made by a person if:
(a) the person has been given an invitation in writing by the Minister, by one of the methods specified in section 494B of the Act, to apply for the visa; and
(b) the person indicates in writing to Immigration, not later than 7 days after the person is taken to have received that invitation, that he or she accepts the invitation.
Note 1: See section 494C of the Act for when a person is taken to have received a document given by one of the methods specified in section 494B of the Act.
Note 2: The Minister must not give a person an invitation, for the purposes of paragraph (a) of this subregulation, while a community safety order made in relation to the person is in force (see paragraph 76AA(7)(a) of the Act).
2.20B Applications for Bridging F (Class WF) visas
(1) For subsection 46(2) of the Act, a Bridging F (Class WF) visa is a prescribed class of visa.
(2) Despite regulation 2.07 and Schedule 1, and as an alternative to item 1306 of Schedule 1, an application for a Bridging F (Class WF) visa is taken to have been validly made by a non‑citizen to whom subregulation 2.20(14) applies, or a non‑citizen to whom subregulation 2.20(15) applies regardless of whether the non‑citizen has been immigration cleared, if:
(a) the non‑citizen has been given an invitation in writing by the Minister, by one of the methods specified in section 494B of the Act, to apply for the visa; and
(b) the non‑citizen indicates in writing to Immigration, not later than 7 days after the non‑citizen is taken to have received that invitation, that he or she accepts the invitation.
Note: See section 494C of the Act for when a person is taken to have received a document given by one of the methods specified in section 494B of the Act.
2.21 Most beneficial bridging visas (Act, s 68(4)(b)(ii))
(1) For the purposes of subparagraph 68(4)(b)(ii) of the Act (which deals with the order in which bridging visas are reactivated), if a non‑citizen holds more than 1 bridging visa, the bridging visa that is the most beneficial is to be determined as set out in this regulation.
(2) The order of classes from most beneficial to least beneficial is:
(a) Bridging B (Class WB) visa;
(b) Bridging A (Class WA) visa;
(c) Bridging C (Class WC) visa;
(d) Bridging D (Class WD) visa;
(da) Bridging R (Class WR) visa;
(e) Bridging E (Class WE) visa;
(f) Bridging F (Class WF) visa.
(3) A bridging visa of Class WA, WB or WC that confers an unlimited right to work is taken to be more beneficial than another bridging visa of the same class that confers a limited right to work, and a bridging visa of one of those classes that confers a limited right to work is taken to be more beneficial than one of the same class that confers no right to work.
(4) A bridging visa of Class WA, WB or WC is taken to be more beneficial than another bridging visa of the same class that is subject to the same work conditions if the first‑mentioned visa was granted before the second‑mentioned visa.
(5) If a non‑citizen holds 2 or more Bridging E visas, the one that is granted later or latest is taken to be the more or most beneficial.
2.21A Grant of Bridging A (Class WA) visas without application
(1) This regulation applies to a person:
(a) who is in Australia, but not in immigration clearance; and
(b) whose application for a Spouse (Migrant) (Class BC) visa, a Partner (Migrant) (Class BC) visa or an Interdependency (Migrant) (Class BI) visa was withdrawn, or refused (except under section 501, 501A or 501B of the Act), when the person was in Australia; and
(c) who was, immediately before that withdrawal or refusal, the holder of a Subclass 309 (Spouse (Provisional)) visa, a Subclass 309 (Partner (Provisional)) visa or a Subclass 310 (Interdependency (Provisional)) visa; and
(d) who has not already been granted a visa under this regulation in relation to the withdrawal or refusal.
(2) This regulation also applies to a person:
(a) who is in Australia, but not in immigration clearance; and
(b) whose application for an Aged Parent (Residence) (Class BP) visa was withdrawn:
(i) while the person was in Australia; and
(ii) at the same time as the person applied for a Contributory Aged Parent (Residence) (Class DG) visa or a Contributory Aged Parent (Temporary) (Class UU) visa; and
(c) who was, immediately before that withdrawal, the holder of a Subclass 010 (Bridging A) visa or a Subclass 020 (Bridging B) visa that was granted in association with the application for an Aged Parent (Residence) (Class BP) visa mentioned in paragraph (b); and
(d) who does not hold a substantive visa; and
(e) who has not already been granted a Subclass 010 (Bridging A) visa under this regulation in relation to:
(i) the withdrawal of the application for an Aged Parent (Residence) (Class BP) visa mentioned in paragraph (b); and
(ii) the application for a Contributory Aged Parent (Residence) (Class DG) visa or a Contributory Aged Parent (Temporary) (Class UU) visa mentioned in paragraph (b).
(3) This regulation also applies to a person:
(a) who is in Australia, but not in immigration clearance; and
(b) whose application for a Contributory Aged Parent (Residence) (Class DG) visa or a Contributory Aged Parent (Temporary) (Class UU) visa was withdrawn:
(i) while the person was in Australia; and
(ii) at the same time as the person applied for an Aged Parent (Residence) (Class BP) visa; and
(c) who was, immediately before that withdrawal, the holder of a Subclass 010 (Bridging A) visa or a Subclass 020 (Bridging B) visa that was granted in association with the application for a Contributory Aged Parent (Residence) (Class DG) visa or a Contributory Aged Parent (Temporary) (Class UU) visa mentioned in paragraph (b); and
(d) who does not hold a substantive visa; and
(e) who has not already been granted a Subclass 010 (Bridging A) visa under this regulation in relation to:
(i) the withdrawal of the application for a Contributory Aged Parent (Residence) (Class DG) visa or a Contributory Aged Parent (Temporary) (Class UU) visa mentioned in paragraph (b); and
(ii) the application for an Aged Parent (Residence) (Class BP) visa mentioned in paragraph (b).
(4) Despite Schedule 1, the Minister must grant a Bridging A (Class WA) visa in relation to the person mentioned in subregulation (1), (2) or (3).
2.21B Grant of Bridging A (Class WA), Bridging C (Class WC) and Bridging E (Class WE) visas without application
(1) This regulation applies if a non‑citizen who is in Australia, but not in immigration clearance, has made:
(a) a valid application for a visa on form 601E, form 48ME, form 1419 or form 1419 (Internet); or
(b) a valid oral application for a Subclass 600 (Visitor) visa; or
(c) a valid application under regulation 2.07AK; or
(d) a valid application for a Refugee and Humanitarian (Class XB) visa;
and the application has not been finally determined.
(2) Despite anything in Schedule 1, the Minister may grant the non‑citizen a Bridging A (Class WA) visa, a Bridging C (Class WC) visa or a Bridging E (Class WE) visa if the Minister is satisfied that:
(a) at the time of decision, the non‑citizen meets:
(i) the criteria to be satisfied by an applicant for the visa at the time of application; and
(ii) the criteria to be satisfied by an applicant for the visa at the time of decision; and
(b) the circumstances applicable to the grant exist in relation to the non‑citizen.
2.22 Invalid application for substantive visa
(1) Subject to subregulation (2), a non‑citizen is taken to have applied for a Bridging D (Class WD) visa if:
(a) the non‑citizen is in Australia but is not in immigration or criminal detention; and
(b) he or she applies for a substantive visa of a class that may be granted in Australia; and
(c) the application:
(i) is given to the Minister in a way other than by personal attendance at an office of Immigration; and
(ii) is invalid as an application for a substantive visa of that class; and
(d) the invalidity of the application is not by reason of its purporting to have been made contrary to section 48 or 48A of the Act (whether or not the Minister has made a determination under subsection 48B(1) of the Act in relation to the application or action has been taken by any person to seek the making of such a determination).
(2) A reference in subregulation (1) to an application does not include the following:
(a) an oral application, or an oral communication that purports to be an oral application;
(b) an Internet application, or an electronic communication that purports to be an Internet application.
2.23 Further application for bridging visa (Act, s 74)
For the purposes of subsection 74(2) of the Act (which deals with a further application for a bridging visa), the prescribed circumstances are that the Minister is satisfied that, although the non‑citizen has not made a further application for a Bridging E (Class WE) visa after being refused a visa of that class, the non‑citizen now satisfies the criteria for the grant of a visa of that class.
2.24 Eligible non‑citizen in immigration detention
(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.
(2) For a Bridging E (Class WE) visa:
(a) if the applicant is an eligible non‑citizen of the kind mentioned in subregulation 2.20(7), (8), (9), (10) or (11), the subclass to be granted is a Subclass 051 Bridging (Protection Visa Applicant) visa; and
(b) if paragraph (a) does not apply, the subclass to be granted is a Subclass 050 Bridging (General) visa.
(3) For paragraph 75(1)(b) of the Act (which deals with the time in which the Minister must make a decision on a bridging visa application), if the application is for a Bridging E (Class WE) visa, each item in the table sets out a period for the circumstances mentioned in the item.