The application is made by a non‑citizen who has been immigration cleared<br>An officer appointed under subregulation 2.10A(2) as a detention review officer for the State or Territory in which the applicant is detained (a detention review officer) has signed a declaration, within 2 working days after the application is made, that the detention review officer believes that the applicant may not pass the character test under subsection 501(6) of the Act
90 days
2
The application is made by a non‑citizen who has been immigration cleared<br>A detention review officer has not signed a declaration mentioned in item 1 within 2 working days after the application is made
2 working days
3
The application is made by a non‑citizen who is an eligible non‑citizen mentioned in subregulation 2.20(6)<br>A detention review officer has signed a declaration, within 2 working days after the application is made, that the detention review officer believes that the applicant may not pass the character test under subsection 501(6) of the Act
90 days
4
The application is made by a non‑citizen who is an eligible non‑citizen mentioned in subregulation 2.20(6)<br>A detention review officer has not signed a declaration mentioned in item 3 within 2 working days after the application is made
2 working days
5
The applicant is not described in items 1 to 4<br>A detention review officer has signed a declaration, within 28 days after the application is made, that the detention review officer believes that the applicant may not pass the character test under subsection 501(6) of the Act
90 days
6
The applicant is not described in items 1 to 4<br>A detention review officer has not signed a declaration mentioned in item 5 within 28 days after the application is made
28 days
(4) 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 F (Class WF) visa, each item in the table sets out a period for the circumstances mentioned in the item.
Item
Circumstances
Period
1
The application is made by a non‑citizen who has been immigration cleared
2 working days
2
The application is made by a non‑citizen who is an eligible non‑citizen referred to in subregulation 2.20(6)
2 working days
3
The applicant is not described in item 1 or 2
28 days
Note: The prescribed conditions for the purposes of section 75 of the Act are set out in:
(a) clause 050.612 of Schedule 2 (for a Subclass 050—Bridging (General) visa); and
(b) clause 051.611 of Schedule 2 (for a Subclass 051—Bridging (Protection Visa Applicant) visa); and
(c) clause 060.611 of Schedule 2 (for a Subclass 060—Bridging F visa).
2.24A Grant of Subclass 050 Bridging (General) visa without application and cessation of certain other bridging visas
(1) This regulation applies to a person if:
(a) the person was granted a bridging visa on the basis of making a valid application for a substantive visa; and
(b) at a particular time (the cessation time), the bridging visa ceases to be in effect under one of the following provisions of Schedule 2:
(i) subparagraph 010.511(1)(b)(iiaa);
(ii) subparagraph 020.511(1)(b)(iiaa);
(iii) subparagraph 030.511(1)(b)(iiaa);
(iv) subparagraph 050.511(1)(b)(iiaa);
(v) paragraph 051.511(1)(aa); and
(c) at the cessation time, the person is in Australia, but not in immigration clearance.
Grant of new bridging visa to replace ceased bridging visa
(2) Despite anything in Schedule 1 and Divisions 050.2 to 050.4 of Part 050 of Schedule 2, the Minister must, immediately after the cessation time, grant the person a Subclass 050 Bridging (General) visa in respect of the application for the substantive visa.
Note: See Divisions 050.5 and 050.6 of Part 050 of Schedule 2 for when the visa is in effect and the conditions to which it is subject.
Cessation of certain other bridging visas held by the person
(3) If, at the cessation time, the person also held another visa of any of the following classes:
(a) Bridging A (Class WA);
(b) Bridging B (Class WB);
(c) Bridging C (Class WC);
(d) Bridging E (Class WE);
that other visa, despite anything in Schedule 2, also ceases to be in effect immediately after the cessation time.
2.25 Grant of Bridging E (Class WE) visas without application
(1) This regulation applies to:
(a) a non‑citizen who is in criminal detention; or
(b) a non‑citizen who:
(i) is unwilling or unable to make a valid application for a Bridging E (Class WE) visa; and
(ii) is not barred from making a valid application for a Bridging E (Class WE) visa by a provision in the Act or these Regulations, other than in item 1305 of Schedule 1.
(2) Despite anything in Schedule 1, the Minister may grant the non‑citizen a Bridging E (Class WE) visa if the Minister is satisfied that, at the time of decision:
(a) the non‑citizen satisfies the criteria set out in clauses 050.211, 050.212, 050.222, 050.223, 050.224 and 050.411 of Schedule 2; or
(b) the non‑citizen satisfies the criteria set out in clauses 051.211, 051.212, 051.213, 051.221 and 051.411 of Schedule 2.
2.25AA Grant of Bridging R (Class WR) visa without application
(1) This regulation applies to an eligible non‑citizen if:
(a) the eligible 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 eligible non‑citizen.
(2) Despite anything in Schedule 1 and Divisions 070.2 to 070.4 of Part 070 of Schedule 2, the Minister may grant the eligible non‑citizen a Bridging R (Class WR) visa if the Minister is satisfied that, at the time of decision, the eligible non‑citizen’s removal from Australia is not reasonably practicable.
Note 1: See Divisions 070.5 and 070.6 of Part 070 of Schedule 2 for when the visa is in effect and the conditions to which it is subject.
Note 2: The Minister must not grant the eligible non‑citizen a visa under this subregulation while a community safety order made in relation to the non‑citizen is in force (see paragraph 76AA(7)(b) of the Act).
2.25AB Grant of Bridging R (Class WR) visas to certain non‑citizens without application
(1) This regulation applies to a non‑citizen who is an eligible non‑citizen under subregulation 2.20(18) or (19).
(2) Despite anything in Schedule 1 and Divisions 070.2 to 070.4 of Part 070 of Schedule 2, the Minister may grant the non‑citizen a Bridging R (Class WR) visa if the Minister is satisfied that, at the time of decision, the non‑citizen does not hold a substantive visa, a criminal justice visa or an enforcement visa.
Note 1: See Divisions 070.5 and 070.6 of Part 070 of Schedule 2 for when the visa is in effect and the conditions to which it is subject.
Note 2: The Minister must not grant the non‑citizen a visa under this subregulation while a community safety order made in relation to the non‑citizen is in force (see paragraph 76AA(7)(b) of the Act).
2.25AC Conditions not engaging offence relating to mandatory conditions
For the purposes of paragraph (b) of the definition of monitoring condition in subsection 76B(4) of the Act, the following conditions are prescribed:
(aa) condition 8612;
(ab) condition 8616;
(a) condition 8617;
(b) condition 8618;
(d) condition 8621.
2.25AD Matters prescribed for the purposes of section 76E of the Act
(1) For the purposes of subsection 76E(1) of the Act, the following conditions are prescribed:
(aa) condition 8612;
(ab) condition 8615;
(a) condition 8617;
(b) condition 8618;
(c) condition 8620;
(d) condition 8621;
(e) condition 8622;
(f) condition 8623;
(g) condition 8624;
(h) condition 8626.
(2) For the purposes of subsection 76E(4) of the Act, regulation 2.25AB is prescribed.
2.25AE Period for which certain conditions are imposed on Subclass 070 (Bridging (Removal Pending)) visa
(1) If one or more of the following conditions are imposed on a Subclass 070 (Bridging (Removal Pending)) visa granted to a non‑citizen, the visa is subject to those conditions for a period of 12 months from the day the visa is granted:
(aa) condition 8612;
(ab) condition 8615;
(a) condition 8617;
(b) condition 8618;
(c) condition 8620;
(d) condition 8621;
(e) condition 8622;
(f) condition 8623;
(g) condition 8624;
(h) condition 8626.
(2) Subregulation (1) does not prevent another Subclass 070 (Bridging (Removal Pending)) visa being granted to the non‑citizen, before or after the 12‑month period referred to in subregulation (1) ends, with any one or more of those conditions imposed on the visa.
(3) To avoid doubt, if another Subclass 070 (Bridging (Removal Pending)) visa is granted to the non‑citizen with any one or more of those conditions imposed on the visa, then the visa is subject to those conditions for a period of 12 months from the day the visa is granted.
2.25AF Suspension of certain visa conditions
(1) This regulation applies if non‑citizen holds a Subclass 070 (Bridging (Removal Pending)) visa that is subject to one or more of the following conditions (each a community safety condition):
(a) condition 8401;
(b) condition 8620;
(c) condition 8621;
(d) condition 8623.
Suspension of visa conditions—period of arrest or custody
(2) During any period (the suspension period) in which the holder is under arrest or detained in custody, the visa is taken not to be subject to the community safety condition.
(3) A visa holder is taken to be detained in custody if:
(a) the holder is detained in custody under a law of the Commonwealth, a State or Territory; and
(b) the detention is in a prison, lock‑up, remand centre, secure medical facility or like facility.
Suspension of visa conditions—period of admission as in‑patient
(4) During any period (the suspension period) in which the holder is admitted as an in‑patient to receive treatment at a public or private hospital, registered mental health facility or other registered medical facility, the visa is taken not to be subject to the community safety condition.
Relationship with regulation 2.25AE
(5) If:
(a) under regulation 2.25AE, a Subclass 070 (Bridging (Removal Pending)) visa is subject to a community safety condition for a period of 12 months from the day the visa is granted; and
(b) under this regulation, the visa is taken not to be subject to a community safety condition for a suspension period;
the suspension period does not affect the expiry of the 12 month period mentioned in paragraph (a).
Division 2.5A—Special provisions relating to certain health criteria
2.25A Referral to Medical Officers of the Commonwealth
(1) In determining whether an applicant satisfies the criteria for the grant of a visa, the Minister must seek the opinion of a Medical Officer of the Commonwealth on whether a person (whether the applicant or another person) meets the requirements of paragraph 4005(1)(a), 4005(1)(b), 4005(1)(c), 4007(1)(a), 4007(1)(b) or 4007(1)(c) of Schedule 4 unless:
(a) the application is for a temporary visa and there is no information known to Immigration (either through the application or otherwise) to the effect that the person may not meet any of those requirements; or
(b) the application is for a permanent visa that is made from a country (whether Australia or a foreign country) specified in a legislative instrument made by the Minister for the purposes of this paragraph and there is no information known to Immigration (either through the application or otherwise) to the effect that the person may not meet any of those requirements.
Note: For foreign country, see section 2B of the Acts Interpretation Act 1901.
(2) In determining whether an applicant satisfies the criteria for the grant of a Medical Treatment (Visitor) (Class UB) visa, if there is information known to Immigration (either through the application or otherwise) to the effect that the requirement in subclause 602.212(2)(d) has not been met, the Minister must seek the opinion of a Medical Officer of the Commonwealth on whether the requirement has been met.
(3) The Minister is to take the opinion of the Medical Officer of the Commonwealth on a matter referred to in subregulation (1) or (2) to be correct for the purposes of deciding whether a person meets a requirement or satisfies a criterion.
Division 2.6—Relevant assessing authorities and matters relating to the application of the points system
2.26AC Prescribed qualifications and number of points for Subclass 189, 190, 489 and 491 visas
(1) For subsection 93(1) of the Act, this regulation applies to an application for:
(a) a Skilled—Independent (Permanent) (Class SI) visa; or
(b) a Skilled—Nominated (Permanent) (Class SN) visa; or
(c) a Skilled—Regional Sponsored (Provisional) (Class SP) visa; or
(d) a Skilled Work Regional (Provisional) (Class PS) visa.
(2) Each qualification specified in an item of Schedule 6D is prescribed as a qualification in relation to the grant, to the applicant, of:
(a) a Subclass 189 (Skilled—Independent) visa in the Points‑tested stream; or
(b) a Subclass 190 (Skilled—Nominated) visa; or
(c) a Subclass 489 (Skilled—Regional (Provisional)) visa; or
(d) a Subclass 491 (Skilled Work Regional (Provisional)) visa.
(3) The number of points prescribed for a qualification specified in an item in Schedule 6D is specified in the item.
(4) For Schedule 6D:
(a) The Minister must not give the applicant a prescribed number of points for more than one prescribed qualification in each Part of the Schedule; and
(b) if the applicant’s circumstances satisfy more than one prescribed qualification in a Part of the Schedule, the Minister must give the applicant points for the qualification that has been satisfied that attracts the highest number of points.
Note: Part 6D.5 of Schedule 6D (Aggregating points for employment experience qualifications) recalculates an applicant’s points if the applicant has qualifications specified in Part 6D.3 of Schedule 6D (Overseas employment experience qualifications) and Part 6D.4 of Schedule 6D (Australian employment experience qualifications).
(5) For items 6D71 and 6D72 of Part 6D.7 of Schedule 6D, in determining whether an educational qualification is of a recognised standard, the Minister must have regard to:
(a) whether, at the time of invitation to apply for the visa, the educational qualification had been recognised by the relevant assessing authority for the applicant’s nominated skilled occupation as being suitable for the occupation; and
(b) whether the educational qualification is recognised by a body specified by the Minister in an instrument in writing for this paragraph; and
(c) the duration of the applicant’s study towards the educational qualification; and
(d) any other relevant matter.
(5A) For Schedule 6D, a person meets the requirements for the award of a specialist educational qualification if the person satisfies the Minister that:
(a) the person has met the requirements for the award, by an Australian educational institution, of:
(i) a masters degree by research; or
(ii) a doctoral degree; and
(b) the degree included study for at least 2 academic years at the institution in a field of education specified in an instrument under subregulation (5B).
Note: Academic year is defined in regulation 1.03.
(5B) The Minister may, by legislative instrument, specify a field or fields of education for the purposes of paragraph (5A)(b).
(6) In Schedule 6D and this regulation:
degree means a formal educational qualification, under the Australian Qualifications Framework, awarded by an Australian educational institution as a degree or a postgraduate diploma for which:
(a) the entry level to the course leading to the qualification is:
(i) in the case of a bachelor’s degree—satisfactory completion of year 12 in the Australian school system or of equivalent schooling; and
(ii) in the case of a master’s degree—satisfactory completion of a bachelor’s degree awarded at an Australian tertiary educational institution or of an equivalent award; and
(iii) in the case of a doctoral degree—satisfactory completion of a bachelor’s degree awarded with honours, or a master’s degree, at an Australian tertiary educational institution or of an equivalent award; and
(iv) in the case of a postgraduate diploma—satisfactory completion of a bachelor’s degree or diploma awarded at an Australian tertiary educational institution or of an equivalent award; and
(b) in the case of a bachelor’s degree, not less than 3 years of full‑time study, or the equivalent period of part‑time study, is required.
diploma means:
(a) an associate diploma, or a diploma, within the meaning of the Register of Australian Tertiary Education (as current on 1 July 1999), that is awarded by a body authorised to award diplomas of those kinds; or
(b) a diploma, or an advanced diploma, under the Australian Qualifications Framework, that is awarded by a body authorised to award diplomas of those kinds.
employed means engaged in an occupation for remuneration for at least 20 hours a week.
professional year means a course specified by the Minister in an instrument in writing for this definition.
trade qualification means:
(a) an Australian trade qualification obtained as a result of the completion of:
(i) an indentured apprenticeship; or
(ii) a training contract;
that is required by State or Territory industrial training legislation or a relevant Federal, State or Territory industrial award and involves:
(iii) part‑time formal training at a technical college or a college of technical and further education; and
(iv) employment within the meaning of:
(A) an industrial award under a law of the Commonwealth or of a State or Territory; or
(B) a law of a State or Territory dealing with commercial or industrial training; or