(i) was granted as a result of a valid application, made in Australia, for a substantive visa of a kind that could be granted if the applicant was in Australia; and
(ii) is subject to condition 8101; and
(b) the Minister is satisfied that the applicant has a compelling need to work; and
(c) in the case of an applicant who was an applicant for a protection visa—either:
(i) the reasons for the delay in making the application for a protection visa are acceptable to the Minister; or
(ii) the applicant is in a class of persons specified by the Minister by instrument in writing for this subparagraph.
(9) An applicant meets the requirements of this subclause if:
(a) the applicant has made a valid application for a Partner (Migrant) (Class BC) visa; and
(b) that application was refused; and
(c) either:
(i) the applicant, or the Minister, has applied, within statutory time limits, for judicial review of a decision in relation to the applicant’s substantive visa application; or
(ii) the applicant:
(A) is a member of the family unit of a person whose substantive visa application is the subject of the judicial review proceedings mentioned in subparagraph (i); and
(B) made a substantive visa application that was combined with the substantive visa application mentioned in subparagraph (i);
and the applicant or family unit member does not satisfy the criterion in paragraph 010.211(6)(c) for the grant of a Bridging A (Class WA) visa; and
(d) the judicial review proceedings (including proceedings on appeal, if any) are not completed.
050.22—Criteria to be satisfied at time of decision
050.221
The applicant continues to satisfy the criteria set out in clauses 050.211 and 050.212.
050.222
(1) Unless subclause (2), (3), (4) or (5) applies, the applicant has been interviewed by an officer who is authorised by the Secretary for the purposes of this clause.
(2) This subclause applies if:
(a) the applicant is not in immigration detention; and
(b) the applicant has made a valid application for a substantive visa; and
(c) the applicant holds a Bridging E (Class WE) visa; and
(d) the applicant is not seeking to be granted a further Bridging E (Class WE) visa that is subject to conditions other than those that apply to the Bridging E (Class WE) visa that the applicant currently holds.
(3) This subclause applies if:
(a) an officer who is authorised by the Secretary for the purposes of this clause was not available to interview the applicant:
(i) at the time of application; or
(ii) if the bridging visa could be granted under regulation 2.21B, at the time of decision; and
(b) the applicant is not in immigration detention; and
(c) the applicant has made a valid application for a substantive visa; and
(d) the applicant has previously held, but does not currently hold, a Bridging E (Class WE) visa.
Note: For subclauses (2) and (3)—in certain circumstances, a Bridging E (Class WE) visa may also be taken to have been granted without application to a non‑citizen who is in immigration detention. See the Act, s 73. In addition the Minister may grant a Bridging E (Class WE) visa to non‑citizens who are in criminal detention or are unwilling or unable to make a valid application: see r 2.25.
(4) This subclause applies if the applicant is a person:
(a) to whom subclause 050.212(4AAA) applies; or
(b) to whom subclause 050.212(4AB) continues to apply.
(5) This subclause applies if an officer who is authorised by the Secretary for the purposes of this clause has decided that it is not necessary to interview the applicant.
050.223
The Minister is satisfied that, if a bridging visa is granted to the applicant, the applicant will abide by the conditions (if any) imposed on it.
050.224
If an authorised officer has required a security for compliance with any conditions that the officer has indicated to the applicant will be imposed on the visa if it is granted, the security has been lodged.
050.225
If the applicant:
(a) is at least 18 at the time of application; and
(b) holds, or has previously held, a Bridging E (Class WE) visa granted under section 195A of the Act;
the applicant satisfies public interest criterion 4022.
050.3—Secondary criteria: Nil.
Note: All applicants must satisfy the primary criteria.
050.4—Circumstances applicable to grant
050.411
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.
050.5—When visa is in effect
050.511
(1) In the case of a visa (other than a visa granted to a non‑citizen to whom subclause 050.222(3) applies, or a visa granted under regulation 2.24A) granted to a non‑citizen who has applied for a substantive visa—bridging visa:
(a) coming into effect on grant; and
(b) permitting the holder to remain in Australia until:
(i) if the Minister’s decision in respect of the substantive visa application is to grant a visa—the grant of the visa; or
(ii) if the Minister’s decision in respect of that application is to refuse to grant a visa and subclause (1A) does not apply in relation to the decision—35 days after the Minister makes the decision; or
(iiaa) if the Minister’s decision in respect of that application is to refuse to grant a visa and subclause (1A) applies in relation to the decision—the time the Minister makes the decision; or
(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
(iiia) if the substantive visa application is refused and the Immigration Assessment Authority makes a decision under subsection 473CC(2) of the Act, as in force at the time of the decision, on referral of that refusal under section 473CA of the Act as in force at the time of the referral (other than a decision to remit the application to the Minister for reconsideration)—35 days after the Immigration Assessment Authority makes the decision; or
(iv) if the holder withdraws his or her application for a substantive visa or an application to the ART—35 days after that withdrawal; or
(v) the grant of a further bridging visa to the holder in respect of his or her substantive visa application; 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 or the Immigration Assessment Authority 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.
(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), (iiia) 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.
050.511AA
(1) In the case of a visa granted to a non‑citizen under regulation 2.24A in respect of the non‑citizen’s application for a substantive visa referred to in paragraph 2.24A(1)(a)—bridging visa:
(a) coming into effect on grant; and
(b) permitting the holder to remain in Australia until:
(i) 35 days after the Minister decided to refuse to grant the substantive visa to the non‑citizen; or
(ii) if 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 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) if the holder withdraws an application to the ART—35 days after that withdrawal; or
(v) the grant of a further bridging visa to the holder in respect of the holder’s substantive visa application; or
(vi) if the ART remits the holder’s application for the substantive visa, to the Minister, for reconsideration—the day worked out in accordance with whichever subparagraph of this paragraph applies in relation to the reconsideration.
(2) For the purposes of subparagraphs (1)(b)(i), (ii) and (iii), 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.
050.511A
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 on grant; and
(b) permitting the holder to remain in Australia until the bridging visa held by the party to the judicial review proceedings ceases to be in effect.
050.511B
In the case of a visa granted to a non‑citizen on the basis that the non‑citizen is a person who has applied for a declaration mentioned in paragraph 050.212(4AAA)(a)—bridging visa:
(a) coming into effect on grant; and
(b) permitting the holder to remain in Australia until 28 days after the proceedings for the declaration are completed.
050.511C
(1) In the case of a visa granted to a non‑citizen on the basis that the non‑citizen has applied for judicial review of a decision under the Australian Citizenship Act 2007, mentioned in paragraph 050.212(4AAA)(b)—bridging visa:
(a) coming into effect on grant; and
(b) permitting the holder to remain in Australia until the latest of the following:
(i) 28 days after the day the judicial review proceedings are completed;
(ii) if the court remits the matter to the Minister or the ART for reconsideration—35 days after the day the Minister or ART makes a decision on the reconsideration;
(iii) if the non‑citizen withdraws his or her application for judicial review—28 days after the day the application is withdrawn;
(iv) if the non‑citizen is taken to have applied for judicial review under subclause 050.212(4A), and either withdraws from of or is struck out of the representative proceedings for judicial review—28 days after the day the non‑citizen withdraws or is struck out; and
(c) if the court remits the matter to the Minister for reconsideration, and the Minister approves the person becoming an Australian citizen—permitting the holder to remain in Australia until the day on which the non‑citizen becomes an Australian citizen in accordance with Subdivision B of Division 2 of Part 2 of the Australian Citizenship Act 2007.
(2) For the purposes of subparagraph (1)(b)(ii), 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.
050.511D
(1) In the case of a visa granted to a non‑citizen on the basis that the non‑citizen has applied, or has purported to apply, for merits review of a decision under the Australian Citizenship Act 2007, mentioned in paragraph 050.212(4AAA)(b)—bridging visa:
(a) coming into effect on grant; and
(b) permitting the holder to remain in Australia until 35 days after the latest of the following:
(i) if the ART decides that the holder’s application for merits review was not made in accordance with the law governing the making of applications to the ART—the day the ART makes the decision;
(ia) if the ART makes a decision on the holder’s application for merits review (other than a decision to remit the application to the Minister for reconsideration)—the day the ART makes the decision;
(ii) if the ART remits the application to the Minister for reconsideration—the day the Minister makes a decision on the reconsideration;
(iii) if the non‑citizen withdraws his or her application for merits review—the day the application is withdrawn; and
(c) if the ART remits the matter to the Minister for reconsideration, and the Minister approves the person becoming an Australian citizen—permitting the holder to remain in Australia until the day on which the non‑citizen becomes an Australian citizen in accordance with Subdivision B of Division 2 of Part 2 of the Australian Citizenship Act 2007.
(2) The 35 day period worked out by reference to subparagraphs (1)(b)(i), (ia) and (ii) 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.
050.511E
In the case of a visa granted to a non‑citizen on the basis that the non‑citizen is a person to whom subclause 050.212(4AB) applies—bridging visa:
(a) coming into effect on grant; and
(b) permitting the holder to remain in Australia until the bridging visa held by the person who meets the requirements of subclause 050.212(4AAA) ceases to be in effect.
050.512
In the case of a visa granted to a non‑citizen (other than a non‑citizen to whom subclause 050.222(3) applies) to whom paragraph 050.212(3A)(b), paragraph 050.212(4)(a), (aa) or (d) or subclause 050.212(9) applies—bridging visa:
(a) coming into effect on grant; and
(b) permitting the holder to remain in Australia until:
(i) if another bridging visa is granted to the holder in respect of his or her judicial review application—the grant of that bridging visa; or
(ii) subject to paragraph (c), 28 days after the judicial review proceedings (including proceedings on appeal, if any) are completed; or
(iii) if the holder withdraws his or her application for judicial review—28 days after that withdrawal; or
(iv) if the holder opts out of, or is struck out of, the representative proceeding for judicial review—28 days after so opting out or being struck out; 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 050.511(1)(b) or subclause 050.513(1) or 050.513B(1).
050.513
(1) In the case of a visa granted to a non‑citizen (other than a non‑citizen to whom subclause 050.222(3) applies) who has applied, or has purported to apply, for merits review of a decision to cancel a visa—visa coming into effect on grant permitting the holder to remain in Australia until:
(a) if the ART decides that the holder’s application for merits review 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
(aa) if the ART makes a decision on the holder’s application for merits review—35 days after the ART makes the decision; or
(b) if another bridging visa is granted to the holder in respect of his or her merits review application—the grant of that bridging visa; or
(c) if the holder withdraws his or her application for merits review—35 days after that withdrawal.
(2) For the purposes of paragraphs (1)(a) and (aa), 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 paragraph; and
(b) irrespective of the validity of the decision.
050.513A
In the case of a visa granted to a non‑citizen (other than a non‑citizen to whom subclause 050.222(3) applies) who has applied under section 137K of the Act for revocation of the cancellation of a visa—bridging visa:
(a) coming into effect on grant; and
(b) permitting the holder to stay in Australia until:
(i) 14 working days after the day the decision is made on the revocation application; or
(ii) if another bridging visa is granted to the holder in respect of his or her revocation application—the grant of that bridging visa; or
(iii) if the holder withdraws his or her revocation application—14 working days after that withdrawal; and
(c) if the decision on the revocation application is not to revoke the cancellation and the holder applies for merits review of that decision—permitting the holder to remain in Australia in accordance with the relevant paragraph of subclause 050.513B(1).
050.513B
(1) In the case of a visa granted to a non‑citizen (other than a non‑citizen to whom subclause 050.222(3) applies) who has applied, or has purported to apply, for merits review of a decision under section 137L of the Act not to revoke the cancellation of a visa—bridging visa coming into effect on grant permitting the holder to stay in Australia until:
(a) if the ART decides that the holder’s application for merits review 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
(aa) if the ART makes a decision on the holder’s application for merits review—35 days after the ART makes the decision; or