(iia) if the substantive visa application is refused and the ART decides that the holder’s application for merits review of that refusal was not made in accordance with the law governing the making of applications to the ART—35 days after the ART makes the decision; or
(iii) if the substantive visa application is refused and the ART makes a decision on the holder’s application for merits review of that refusal (other than a decision to remit the application to the Minister for reconsideration)—35 days after the ART makes the decision; or
(iv) the grant of another bridging visa to the holder in respect of the same application for a substantive visa; or
(v) if the holder withdraws his or her application for a substantive visa or an application to the ART—35 days after that withdrawal; or
(vi) if the Minister decides that the substantive visa application is invalid—35 days after the Minister makes the decision; or
(vii) if the ART remits the substantive visa application to the Minister for reconsideration—the day worked out in accordance with whichever subparagraph of this paragraph applies in relation to the reconsideration; or
(viii) if the substantive visa (if any) held by the holder is cancelled—that cancellation.
(1A) This subclause applies in relation to a decision to refuse to grant the non‑citizen a substantive visa if:
(a) both of the following apply:
(i) a criterion for the grant of the substantive visa is that the non‑citizen satisfies public interest criterion 4003;
(ii) the non‑citizen did not satisfy paragraph (b) of that criterion; or
(b) both of the following apply:
(i) a criterion for the grant of the substantive visa is that the non‑citizen satisfies public interest criterion 4003A;
(ii) the non‑citizen did not satisfy that criterion.
(2) For the purposes of subparagraphs (1)(b)(ii), (iia), (iii) and (vi), the 35 day period begins to run:
(a) despite any failure to comply with the requirements of the Act or these Regulations in relation to the decision mentioned in the subparagraph; and
(b) irrespective of the validity of the decision.
030.512
In the case of a visa granted to a non‑citizen on the basis of judicial review of a decision—bridging visa:
(a) coming into effect:
(i) on grant; or
(ii) when the substantive visa (if any) held by the holder ceases; and
(b) permitting the holder to remain in Australia until:
(i) subject to paragraph (c), 28 days after the judicial review proceedings (including proceedings on appeal, if any) are completed; or
(ii) if the holder withdraws his or her application for judicial review—28 days after that withdrawal; or
(iii) the grant of another bridging visa to the holder in respect of the same application for judicial review; or
(iv) if the substantive visa (if any) held by the holder is cancelled—that cancellation; and
(c) if a court remits a matter to which the judicial review proceedings relate to the ART, or to the Minister, for reconsideration—permitting the holder to remain in Australia in accordance with the relevant provision of paragraph 030.511(1)(b).
030.513
In the case of a visa granted to a non‑citizen on the basis that the non‑citizen is a member of the family unit of a party to judicial review proceedings—bridging visa:
(a) coming into effect:
(i) on grant; or
(ii) when the substantive visa (if any) held by the holder ceases; and
(b) permitting the holder to remain in Australia until the expiry of the bridging visa held by the party to the judicial review proceedings.
030.6—Conditions
030.611
In the case of a visa granted to an applicant who meets the requirements of subclause 030.212(3):
(a) if condition 8303 applies to the Bridging C (Class WC) visa held by the applicant—condition 8303; or
(b) if condition 8501 applies to the Bridging C (Class WC) visa held by the applicant—condition 8501; or
(c) in any other case—nil.
030.612
In the case of a visa granted to a non‑citizen who:
(a) applies for a protection 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
(1) In the case of a visa granted to a person on the basis of a valid application for:
(a) a Business Skills—Business Talent (Permanent) (Class EA) visa; or
(b) a Business Skills (Provisional) (Class EB) visa; or
(c) a Business Skills (Permanent) (Class EC) visa; or
(d) an Employer Nomination (Permanent) (Class EN) visa; or
(da) a Skilled Employer Sponsored Regional (Provisional) (Class PE) visa; or
(db) a Skilled Work Regional (Provisional) (Class PS) visa; or
(e) a Regional Employer Nomination (Permanent) (Class RN) visa; or
(f) a Skilled—Independent (Permanent) (Class SI) visa; or
(g) a Skilled—Nominated (Permanent) (Class SN) visa; or
(h) a Skilled—Regional Sponsored (Provisional) (Class SP) visa;
nil.
(2) In the case of a visa granted to a person:
(a) on the basis of making a valid application for a Subclass 103 (Parent) visa or a Subclass 143 (Contributory Parent) visa; and
(b) who is seeking to meet the requirements of subclause 103.214(2), 103.313(2), 143.214(2) or 143.313(2);
the following conditions:
(c) conditions 8101 and 8501;
(d) condition 8303—but only if the condition applied to the most recent substantive visa held by the person.
030.614
In any other case, condition 8101.
Subclass 040—Bridging (Prospective Applicant)
040.1—Interpretation
Note: Criminal detention is defined in regulation 1.03. For eligible non‑citizen see regulation 2.20. No interpretation provisions specific to this Part.
040.2—Primary criteria
Note: All applicants must satisfy the primary criteria.
040.21—Criteria to be satisfied at time of application
Note: In circumstances set out in regulation 2.22, a non‑citizen is taken under that regulation to have applied for a Bridging D (Class WD) visa.
040.211
The applicant is:
(a) an unlawful non‑citizen; or
(b) the holder of a visa that will cease within the next 3 working days after the day of application.
040.213
The Minister is satisfied that the applicant:
(a) has attempted to make, in Australia, a valid application for a substantive visa of a kind that can be granted if the applicant is in Australia and is unable to do so; and
(b) will, within 5 working days, be able to make, in Australia, a valid application for a substantive visa of a kind that can be granted if the applicant is in Australia.
040.214
The applicant has not previously been granted 2 bridging visas of Subclass 040 since he or she last held a substantive visa.
040.22—Criteria to be satisfied at time of decision
040.221
The applicant continues to satisfy the criteria set out in subdivision 040.21.
040.3—Secondary criteria: Nil.
Note: All applicants must satisfy the primary criteria.
040.4—Circumstances applicable to grant
040.411
The applicant must be in Australia but not in immigration clearance.
Note: The applicant must be an eligible non‑citizen at the time of grant: see the Act, s 73.
040.5—When visa is in effect
040.511
Bridging visa coming into effect:
(a) on grant; or
(b) when the substantive visa (if any) held by the holder ceases;
and remaining in effect for 5 working days after date of grant.
040.6—Conditions
040.611
Condition 8101.
Subclass 041—Bridging (Non‑applicant)
041.1—Interpretation
Note: Criminal detention is defined in regulation 1.03. For eligible non‑citizen see regulation 2.20. No interpretation provisions specific to this Part.
041.2—Primary criteria
Note: All applicants must satisfy the primary criteria.
041.21—Criteria to be satisfied at time of application
041.211
The applicant is an unlawful non‑citizen.
041.212
The applicant is unable, or does not want, to apply for a substantive visa.
041.213
An officer who is an authorised officer for the purposes of clause 050.222 is not available to interview the applicant.
041.22—Criteria to be satisfied at time of decision
041.221
The applicant continues to satisfy the criteria in Subdivision 041.21.
041.3—Secondary criteria: Nil.
Note: All applicants must satisfy the primary criteria.
041.4—Circumstances applicable to grant
041.411
The applicant must be in Australia, but not in immigration clearance.
Note: The applicant must be an eligible non‑citizen at the time of grant: see the Act, s 73.
041.5—When visa is in effect
041.511
Bridging visa coming into effect upon grant and remaining in effect until:
(a) the end of the fifth working day after the date of grant; or
(b) if the applicant is granted a Subclass 050 (Bridging (General)) visa before the end of that day—the date of grant of the Subclass 050 (Bridging (General)) visa.
041.6—Conditions
041.611
Conditions 8101 and 8401.
Subclass 050—Bridging (General)
050.1—Interpretation
Note: ART is defined in subsection 5(1) of the Act. Compelling need to work and criminal detention are defined in regulation 1.03. For eligible non‑citizen, see regulation 2.20. There are no interpretation provisions specific to this Part.
050.2—Primary criteria
Note: All applicants must satisfy the primary criteria.
050.21—Criteria to be satisfied at time of application
050.211
(1) The applicant is:
(a) an unlawful non‑citizen; or
(b) the holder of a Bridging E (Class WE) visa; or
(c) the holder of a Subclass 041 (Bridging (Non‑applicant)) visa.
(2) The applicant is not an eligible non‑citizen of the kind set out in subregulation 2.20(7), (8), (9), (10), (11), (17), (18) or (19).
050.212
(1) The applicant meets the requirements of subclause (2), (3), (3A), (4), (4AAA), (4AA), (4AB), (5), (5A), (5B), (6), (6AA), (6A), (7), (8) or (9).
(2) An applicant meets the requirements of this subclause if the Minister is satisfied that the applicant is making, or is the subject of, acceptable arrangements to depart Australia.
(3) An applicant meets the requirements of this subclause if:
(a) the applicant has made, in Australia, a valid application for a substantive visa of a kind that can be granted if the applicant is in Australia and that application has not been finally determined; or
(b) the Minister is satisfied that the applicant will apply, in Australia, within a period allowed by the Minister for the purpose, for a substantive visa of a kind that can be granted if the applicant is in Australia.
(3A) An applicant meets the requirements of this subclause if:
(a) the applicant has made, in Australia, a valid application for a substantive visa of a kind that can be granted if the applicant is in Australia; and
(b) either:
(i) the applicant has applied for judicial review of a decision to refuse to grant the visa and the judicial proceedings (including any proceedings on appeal) have not been completed; or
(ii) the Minister has applied for judicial review of a decision in relation to a refusal to grant the applicant’s substantive visa, and the judicial review proceedings (including any proceedings on appeal) have not been completed.
(4) An applicant meets the requirements of this subclause if:
(a) the applicant has applied for judicial review of a decision in relation to a substantive visa, other than a decision to refuse to grant a visa; or
(aa) the Minister has applied for judicial review of a decision in relation to the applicant’s substantive visa application, other than a decision relating to a refusal to grant the substantive visa; or
(b) the applicant has applied for merits review of a decision to cancel a visa; or
(ba) the applicant has applied under section 137K of the Act for revocation of the cancellation of a visa; or
(bb) the applicant has applied for merits review of a decision under section 137L of the Act not to revoke the cancellation of a visa; or
(c) the Minister is satisfied that the applicant will make an application of a kind referred to in paragraph (b), (ba) or (bb); or
(d) the applicant has applied for judicial review of the validity of a law that affects:
(i) the applicant’s eligibility to apply for a substantive visa; or
(ii) the applicant’s entitlement to be granted or to continue to hold a substantive visa.
(4AAA) An applicant meets the requirements of this subclause if the applicant has applied for:
(a) a declaration from a court that the Act does not apply to the applicant; or
(b) judicial review or merits review of a decision made in relation to the applicant under the Australian Citizenship Act 2007;
and the proceedings for the declaration or review have not been completed.
(4AA) An applicant meets the requirements of this subclause if:
(a) the applicant is a member of the family unit of a person whose substantive visa application is the subject of the judicial review proceedings mentioned in:
(i) paragraph (3A)(b); or
(ii) paragraph (4)(a); or
(iii) paragraph (4)(aa); or
(iv) paragraph (4)(d); and
(b) the person whose substantive visa application is the subject of the judicial review proceedings is not a party to a representative proceeding; and
(c) the applicant made a substantive visa application that was combined with the substantive visa application mentioned in:
(i) paragraph (3A)(a); or
(ii) subclause (4).
(4AB) An applicant meets the requirements of this subclause if the applicant is:
(a) a member of the immediate family of a person who meets the requirements of subclause (4AAA); or
(b) a brother or sister who has not turned 18, of a person who:
(i) meets the requirements of subclause (4AAA); and
(ii) has not turned 18.
Note: Regulation 1.12AA defines member of the immediate family.
(4A) For the purposes of subclauses (3A), (4) and (4AAA), the applicant is taken to have applied for judicial review if the applicant:
(a) is described or identified, in an application or document filed for the purposes of section 33H of the Federal Court of Australia Act 1976, as a group member to whom a representative proceeding relates; or
(b) is a person on whose behalf or for whose benefit a person sues under rule 21.09.1 of the High Court Rules 2004.
(5) An applicant meets the requirements of this subclause if:
(a) he or she held a visa that was cancelled under subsection 140(1) or (3) of the Act (which deals with cancellation because of the cancellation of a visa held by another person); and
(b) either:
(i) the other person whose visa was cancelled has applied for review of the decision to cancel his or her visa; or
(ii) the Minister is satisfied that that other person will make an application of that kind.
(5A) An applicant meets the requirements of this subclause if:
(a) the applicant held a visa that was cancelled under subsection 140(1), (2) or (3) of the Act because another person’s visa was cancelled under section 137J of the Act; and
(b) one of the following applies in relation to the person whose visa was cancelled under section 137J of the Act:
(i) he or she has applied under section 137K of the Act for revocation of the cancellation of the visa;
(ii) he or she has applied for merits review of a decision under section 137L of the Act not to revoke the cancellation of the visa;
(iii) the Minister is satisfied that he or she will make an application of a kind mentioned in subparagraph (i) or (ii).
(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 351, or repealed section 417, of the Act.
(6) An applicant meets the requirements of this subclause if:
(a) the applicant is the subject of:
(i) a decision in relation to an application made in Australia for a visa; or
(ii) a decision to cancel a visa; and
(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 351 of the Act; and
(ii) has made a request to the Minister to substitute a more favourable decision under section 351, or repealed section 417, 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 351, or repealed section 417, of the Act; or
(ii) a determination under section 48B of the Act.
(6AA) An applicant meets the requirements of this subclause if the Minister has decided, under section 351 or repealed section 417 of the Act, to substitute a more favourable decision for the decision of the Administrative Appeals Tribunal or the ART but the applicant cannot, for the time being, be granted a substantive visa because of a determination under section 85 of the Act.
(6A) An applicant meets the requirements of this subclause if:
(a) the applicant holds a Bridging E (Class WE) visa granted on the basis of the applicant meeting the requirements of subclause (6AA); and
(b) the Minister has decided, under section 351 or repealed section 417 of the Act, to substitute a more favourable decision for the decision of the Administrative Appeals Tribunal or the ART but the applicant cannot, for the time being, be granted a substantive visa because of a determination under section 85 of the Act; and
(c) the Minister is satisfied that the applicant has a compelling need to work.
(7) An applicant meets the requirements of this subclause if:
(a) the applicant is in criminal detention; and
(b) no criminal justice stay certificate or criminal justice stay warrant about the applicant is in force.
(8) An applicant meets the requirements of this subclause if:
(a) the applicant holds a Bridging E (Class WE) visa that: