(b) if another bridging visa is granted to the holder in respect of his or her 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.
050.514
(1) 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 subsection 140(1) or (3) of the Act (which deal with cancellation as a result of cancellation of a visa held by another non‑citizen) applies, if the other person whose visa was cancelled has applied, or has purported to apply, for review of that cancellation decision—visa coming into effect on grant permitting the holder to remain in Australia until:
(a) if the ART decides that the application for merits review made by the other person whose visa was cancelled 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 application for merits review made by the other person whose visa was cancelled—35 days after the ART makes the decision; or
(b) if another bridging visa is granted to the holder in respect of that merits review application—the grant of that bridging visa; or
(c) if the other person whose visa was cancelled 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.
050.514AA
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 subsection 140(1), (2) or (3) of the Act applies, if the person whose visa was cancelled under section 137J of the Act has applied under section 137K of the Act for revocation of the cancellation—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 the revocation application—the grant of that bridging visa; or
(iii) if the person whose visa was cancelled under section 137J of the Act 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 person whose visa was cancelled applies for merits review of that decision—permitting the holder to remain in Australia in accordance with the relevant paragraph of subclause 050.514AB(1).
050.514AB
(1) 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 subsection 140(1), (2) or (3) of the Act applies, if the person whose visa was cancelled under section 137J of the Act has applied, or has purported to apply, for merits review of a decision under section 137L of the Act not to revoke the cancellation—bridging visa coming into effect on grant permitting the holder to stay in Australia until:
(a) if the ART decides that the application for merits review made by the person whose visa was cancelled under section 137J of the Act 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 application for merits review made by the person whose visa was cancelled under section 137J of the Act—35 days after the ART makes the decision; or
(b) if another bridging visa is granted to the holder in respect of the review application—the grant of that bridging visa; or
(c) if the person whose visa was cancelled under section 137J of the Act 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.
050.514A
In the case of a visa granted to a non‑citizen to whom subclause 050.222(3) applies—bridging visa:
(a) coming into effect on grant; and
(b) permitting the holder to remain in Australia for 5 working days from date of grant.
050.515
(1) In the case of a visa granted, or taken to have been granted, to a non‑citizen who is in criminal detention—visa coming into effect on grant and ceasing on:
(a) the non‑citizen’s unconditional release from criminal detention; or
(b) the non‑citizen’s release on bail; or
(c) if the non‑citizen is in prison:
(i) the non‑citizen’s completing a sentence of imprisonment; or
(ii) subject to subclause (2), the non‑citizen’s release on parole; or
(iv) the non‑citizen’s escaping from prison; or
(ca) subject to subclause (2), in the case of a non‑citizen who is subject to an order for periodic detention—the completion of the period of periodic detention imposed by that order; or
(d) the signing of a deportation order against the non‑citizen; or
(e) the grant of another visa to the holder; or
(f) if the non‑citizen is subject to an order for periodic detention—the non‑citizen’s breaching a condition of that order.
(2) Subparagraph (1)(c)(ii) and paragraph (1)(ca) apply only in the case of a non‑citizen who has actually served a part of a term of imprisonment.
050.516
In the case of a visa that is taken to have been granted by operation of section 75 of the Act (which deals with applications for bridging visas which the Minister does not decide within a short period)—visa coming into effect on grant permitting the applicant to remain in Australia for:
(a) 5 working days from date of grant; or
(b) if the Minister is satisfied, within 5 days from the date of grant, that the visa holder has made acceptable arrangements to depart Australia within 14 days from the date of grant—14 days from the date of grant.
050.517
In any other case—visa coming into effect on grant and ceasing on a date specified by the Minister for the purpose.
050.6—Conditions
050.611
In the case of a visa granted to a non‑citizen who:
(a) either:
(i) applied for a substantive visa at the same time and on the same form as he or she applied for the bridging visa; or
(ii) applied for a substantive visa in respect of which the bridging visa is granted under regulation 2.21B; and
(b) is not in immigration detention; and
(c) held a Bridging E (Class WE) visa at the time when he or she made the application for the substantive visa;
whichever of conditions 8101, 8104, 8201, 8207, 8401, 8402, 8505, 8506 and 8548 apply to that bridging visa.
050.611B
In the case of a visa granted to an unlawful non‑citizen to whom subclause 050.222(3) applies:
(a) condition 8401 must be imposed; and
(b) any 1 or more of conditions 8101, 8104, 8201, 8207, 8505, 8506 and 8548 may be imposed.
050.612
In the case of a visa that is taken to have been granted by operation of section 75 of the Act—conditions 8101, 8201, 8402, 8506, 8509 and 8548.
050.612A
(1) This clause applies to a visa that is granted to an applicant:
(a) who meets the requirements of 1 or more of the following:
(i) subparagraph 050.212(3A)(b)(i);
(ii) subparagraph 050.212(3A)(b)(ii);
(iii) paragraph 050.212(4)(a);
(iv) paragraph 050.212(4)(aa);
(v) paragraph 050.212(4)(d);
(vi) subclause 050.212(4AA);
(viia) subclause 050.212(6AA);
(viii) subclause 050.212(9); and
(b) who does not meet the requirements of subclause 050.212(5B), (6) or (6A); and
(c) to whom subclause 050.614(1) does not apply.
(2) Condition 8101 must be imposed.
(3) Any 1 or more of conditions 8201, 8207, 8401, 8505, 8506, 8507, 8508, 8510, 8511, 8512 and 8548 may be imposed.
050.612B
In the case of a visa granted to an applicant who meets the requirements of subclause 050.212(4AAA) or (4AB): Nil.
050.613
(1) In the case of a visa (other than a visa to which clause 050.616B applies) granted to an applicant who meets the requirements of subclause 050.212(6A) or (8)—any 1 or more of conditions 8201, 8207, 8401, 8505, 8506, 8507, 8508, 8510, 8511, 8512 and 8548 may be imposed.
(2) Despite anything in the other provisions of this Division, those provisions do not apply in relation to a visa to which subclause (1) applies.
Note: This means that the only conditions that may be imposed on such a visa are those conditions set out in subclause (1).
050.613A
(1) In the case of a visa (other than a visa to which clause 050.613, 050.616A or 050.616B applies) granted to an applicant who:
(a) applies for a protection visa; and
(b) is not in a class of persons specified by the Minister by instrument in writing for this paragraph;
condition 8101, unless condition 8116 is imposed.
(2) If the visa is a visa to which subclause (1) applies, any 1 or more of conditions 8116, 8201, 8207, 8401, 8505, 8506, 8507, 8508, 8510, 8511, 8512 and 8548 may be imposed.
(3) Condition 8116 must not be imposed unless the applicant is in a class of persons specified by the Minister, by legislative instrument, for this subclause.
(4) Despite anything in the other provisions of this Division, those provisions do not apply in relation to a visa to which subclause (1) applies.
Note: This means that the only conditions that are, or may be, imposed on such a visa are those conditions set out in subclauses (1) and (2).
050.614
(1) In the case of a visa granted to an applicant who:
(a) is an applicant for a protection visa; and
(b) meets the requirements of subclause 050.212(3A), (4), (4AA) or (4A);
if condition 8101 or 8116 applied to the last visa held by the applicant, that condition.
(2) Any 1 or more of conditions 8104, 8201, 8207, 8401, 8402, 8505, 8506, 8507, 8508, 8509, 8510, 8511, 8512 and 8548 may be imposed.
050.615
(1) In the case of a visa granted to an applicant who:
(a) meets the requirements of subclause 050.212(5B) or (6); and
(b) was not an unlawful non‑citizen after the application for a substantive visa was finally determined up until the time of the request for the Minister:
(i) to substitute a more favourable decision under section 351, or repealed section 417, of the Act; or
(ii) to make a determination under section 48B of the Act;
if condition 8101 or 8116 applied to the last visa held by the applicant, that condition.
(2) Any 1 or more of conditions 8201, 8207, 8401, 8505, 8506, 8507, 8508, 8510, 8511, 8512 and 8548 may be imposed.
050.615A
(1) In the case of a visa granted to an applicant who:
(a) meets the requirements of subclause 050.212(5B) or (6); and
(b) was an unlawful non‑citizen for all or part of the period after the application for a substantive visa was finally determined until the time of the request for the Minister:
(i) to substitute a more favourable decision under section 351, or repealed section 417, of the Act; or
(ii) to make a determination under section 48B of the Act;
condition 8101, unless condition 8116 is imposed.
(2) Any 1 or more of conditions 8116, 8201, 8207, 8401, 8505, 8506, 8507, 8508, 8510, 8511, 8512 and 8548 may be imposed.
(3) Condition 8116 must not be imposed unless the applicant is in a class of persons specified by the Minister, by legislative instrument, for this subclause.
050.616A
(1) In the case of a visa granted under section 195A of the Act—any one or more of conditions 8101, 8104, 8116, 8201, 8207, 8303, 8401, 8402, 8505, 8506, 8507, 8508, 8510, 8511, 8512, 8514, 8548, 8550, 8551, 8552, 8553, 8554, 8555, 8556, 8560, 8562, 8563 and 8578 may be imposed.
(2) Condition 8116 must not be imposed unless the holder of the visa is in a class of persons specified by the Minister, by legislative instrument, for this subclause.
(3) Despite anything in the other provisions of this Division, those provisions do not apply in relation to a visa to which subclause (1) applies.
Note: This means that the only conditions that may be imposed on such a visa are those conditions set out in subclause (1).
050.616B
(1) In the case of:
(a) a visa granted under regulation 2.24A; or
(b) a visa (other than a visa granted under section 195A of the Act) granted to an applicant in respect of whom:
(i) a weapons of mass destruction determination has been made; and
(ii) the Foreign Minister, or a person authorised by the Foreign Minister, has not subsequently determined that the applicant is no longer a person whose presence in Australia may be directly or indirectly associated with the proliferation of weapons of mass destruction;
the following:
(c) conditions 8103 and 8207;
(d) any 1 or more of conditions 8501, 8303, 8549, 8401, 8402, 8505, 8506, 8507, 8508, 8509, 8510, 8511, 8512, 8513, 8514, 8550, 8552, 8553, 8554, 8555, 8556, 8560, 8563, 8564, 8566 and 8578 may be imposed.
(2) Despite anything in the other provisions of this Division, those provisions do not apply in relation to a visa to which subclause (1) applies.
Note: This means that the only conditions that are, or may be, imposed on such a visa are those conditions set out in subclause (1).
050.617
(1) In any other case—any 1 or more of conditions 8101, 8104, 8116, 8201, 8207, 8401, 8402, 8505, 8506, 8507, 8508, 8510, 8511, 8512 and 8548 may be imposed.
(2) Condition 8116 must not be imposed unless the applicant is in a class of persons specified by the Minister, by legislative instrument, for this subclause.
050.618
In addition to any other condition imposed by another provision of this Division, condition 8564 may be imposed.
050.619
In addition to any other condition imposed by another provision of this Division, if the person to whom the visa would be granted has signed a code of behaviour that is in effect for the visa, condition 8566 must be imposed.
Note 1: A Subclass 050 visa may be granted with or without an application (for example, see regulation 2.25).
Note 2: The requirement to sign a code of behaviour may be imposed by public interest criterion 4022 or in accordance with section 195A of the Act.
050.620
In addition to any other condition imposed by another provision of this Division, if:
(a) the person to whom the visa would be granted is an applicant for a Subclass 103 (Parent) visa or a Subclass 143 (Contributory Parent) visa; and
(b) the person is seeking to meet the requirements of subclause 103.214(2), 103.313(2), 143.214(2) or 143.313(2);
the following apply:
(c) condition 8303 must be imposed if that condition applied to the last substantive visa held by the applicant;
(d) condition 8501 may be imposed.
Subclass 051—Bridging (Protection Visa Applicant)
051.1—Interpretation
Note 1: 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. For finally determined, see section 11A of the Act. There are no interpretation provisions specific to this Part.
Note 2: A Subclass 051 visa may also be granted without application.
051.2—Primary criteria
Note: All applicants must satisfy the primary criteria.
051.21—Criteria to be satisfied at time of application
051.211
The applicant is an eligible non‑citizen referred to in subregulation 2.20(7), (8), (9), (10) or (11).
051.212
The applicant, or a person acting on behalf of the applicant, has signed an undertaking acceptable to the Minister that:
(a) if the applicant withdraws the application for a protection visa, the applicant will depart Australia, or present himself or herself to Immigration for removal, within 28 days after the applicant withdraws the application; and
(b) if the application for a protection visa is finally determined and refused, the applicant will depart Australia, or present himself or herself to Immigration for removal, within 28 days after the latest of the following:
(i) the applicant is notified that the protection visa application has been finally determined and refused;
(ii) the applicant withdraws an application for judicial review of the decision to refuse the protection visa application (the visa decision);
(iii) proceedings for judicial review of the visa decision are completed, and the outcome is that the visa decision is maintained;
(iv) the applicant withdraws an appeal against the outcome of judicial review of the visa decision;
(v) proceedings on an appeal against the outcome of judicial review of the visa decision are completed, and the outcome is that the visa decision is maintained.
051.213
The Minister is satisfied that the applicant satisfies:
(a) the public interest criteria 4001, 4002 and 4003; and
(b) the health criteria in clauses 866.223, 866.224, 866.224A and 866.224B.
051.22—Criteria to be satisfied at time of decision
051.221
The applicant continues to satisfy the criteria in clauses 051.211, 051.212 and 051.213.
051.3—Secondary criteria: Nil.
Note: All applicants must satisfy the primary criteria.
051.4—Circumstances applicable to grant
051.411
The applicant must be in Australia but not in immigration clearance.
051.5—When visa is in effect
051.511
(1) In the case of a visa granted to a non‑citizen who has applied for a protection visa—bridging visa coming into effect on grant, permitting the holder to remain in Australia until:
(a) either:
(i) if the Minister’s decision in respect of the protection visa application is to grant a visa—the grant of the protection visa; or