(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
(aa) 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
(b) if the protection 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
(ba) if the protection 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
(bb) if the protection 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
(c) the grant of a further bridging visa to the holder in respect of his or her protection visa application; or
(d) if the holder withdraws the application for the protection visa or for review—35 days after that withdrawal; or
(e) if the Minister decides that the protection visa application is invalid—35 days after the Minister makes the decision; or
(f) if the ART or the Immigration Assessment Authority remits the application for the protection visa to the Minister for reconsideration—the end of the period worked out in accordance with whichever paragraph of this subclause 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 subparagraph (1)(a)(ii) and paragraphs (1)(b), (ba), (bb) and (e), 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 or subparagraph; and
(b) irrespective of the validity of the decision.
051.512
In the case of a visa granted to a non‑citizen on the basis of judicial review of a decision to refuse a protection visa application—bridging visa coming into effect on grant and permitting the applicant to remain in Australia until:
(a) if another bridging visa is granted to the holder in respect of his or her application for judicial review—the grant of that bridging visa; or
(b) subject to paragraph (d), 28 days after the judicial review proceedings (including proceedings on appeal, if any) are completed; or
(c) if the applicant withdraws the application for judicial review—28 days after that withdrawal; or
(d) 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 subclause 051.511(1).
051.513
(1) In the case of a visa that is taken to have been granted by operation of section 75 of the Act and that was not applied for on the basis of judicial review—bridging visa coming into effect on grant and permitting the applicant 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 visa; or
(ii) if the Minister’s decision in respect of that application is to refuse to grant a visa—35 days after the Minister makes the decision; or
(b) if the protection 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
(ba) if the protection 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
(bb) if the protection 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
(c) the grant of a further bridging visa to the holder in respect of his or her protection visa application; or
(d) if the holder withdraws the application for the protection visa or for review—35 days after that withdrawal.
(1A) For the purposes of subparagraph (1)(a)(ii) and paragraphs (1)(b), (ba) and (bb), 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 or subparagraph; and
(b) irrespective of the validity of the decision.
(2) In the case of a visa that is taken to have been granted by operation of section 75 of the Act and that was applied for on the basis of judicial review—bridging visa coming into effect on grant and permitting the applicant to remain in Australia until:
(a) if another bridging visa is granted to the holder in respect of his or her application for judicial review—the grant of that bridging visa; or
(b) subject to paragraph (d), 28 days after the judicial review proceedings (including proceedings on appeal, if any) are completed; or
(c) if the applicant withdraws the application for judicial review—28 days after that withdrawal; or
(d) 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 clause 051.511.
051.6—Conditions
051.611
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 and 8513.
051.611A
(1) In the case of a visa granted to an applicant (whether or not the applicant is an applicant to which any other clause in this Division applies) who:
(a) applies for a protection visa; and
(b) has been in Australia for a period of 45 days or more, or for periods totalling 45 days or more, (not including any day for part of which the applicant was not in Australia) in the 12 months immediately before the date of that application; and
(c) is not within a class of persons specified in a legislative instrument made by the Minister for the purposes of this paragraph;
condition 8101, unless condition 8116 is imposed.
(2) If the applicant is an applicant to whom subclause (1) and clause 051.611 applies—conditions 8101, 8201, 8402, 8506 and 8513.
(3) In addition, if the applicant is an applicant to whom subclause (1) applies, any 1 or more of conditions 8104, 8116, 8201, 8401, 8505, 8506, 8507, 8508, 8510, 8511 and 8512 may be imposed.
(4) 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.
051.612
(1) In any other case—any 1 or more of conditions 8101, 8104, 8116, 8201, 8401, 8505, 8506, 8507, 8508, 8510, 8511 and 8512 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.
051.613
In addition to any other condition imposed by another provision of this Division, condition 8564 may be imposed.
Subclass 060—Bridging F
060.1—Interpretation
Note: For human trafficking see regulation 1.03. There are no interpretation provisions specific to this Part.
060.2—Primary criteria
060.21—[No criteria to be satisfied at time of application]
060.22—Criteria to be satisfied at time of decision
060.221
The applicant has been identified as a suspected victim of human trafficking, slavery or slavery‑like practices.
060.222
Suitable arrangements have been made for the care, safety and welfare of the applicant in Australia for the proposed period of the visa.
060.223
If the bridging visa is granted, the applicant will abide by the conditions imposed on it.
060.224
If the applicant was the subject of an assistance notice when the application was made, the notice has not been revoked.
060.3—Secondary criteria
060.31—[No criteria to be satisfied at time of application]
060.32—Criteria to be satisfied at time of decision
060.321
The applicant is a member of the immediate family of, and made a combined application with, a person (the primary applicant) in relation to whom the primary criteria in Subdivision 060.22 are satisfied.
060.322
The applicant continues to be a member of the immediate family of the primary applicant.
060.323
Suitable arrangements have been made for the care, safety and welfare of the applicant in Australia for the proposed period of the visa.
060.324
If the bridging visa is granted, the applicant will abide by the conditions imposed on it.
060.325
If the primary applicant was the subject of an assistance notice when the application was made, the notice has not been revoked.
060.4—Circumstances applicable to grant
060.411
(1) An applicant:
(a) to whom subregulation 2.20(14) applies; and
(b) who applied for the visa using the application process described in subregulation 2.20B(2);
must be outside Australia when the visa is granted.
(2) An applicant:
(a) to whom subregulation 2.20(15) applies; and
(b) who applied for the visa using the application process described in subregulation 2.20B(2);
must be in Australia, but not in immigration clearance, when the visa is granted.
(3) An applicant:
(a) to whom subregulation 2.20(15) applies except that he or she has been immigration cleared; and
(b) who applied for the visa using the application process described in subregulation 2.20B(2);
must be in Australia when the visa is granted.
(4) In any other case, an applicant must be in Australia when the visa is granted.
060.5—When visa is in effect
060.511
(1) For a person to whom subregulation 2.20(14) applies, and who made an application in accordance with subregulation 2.20B(2)—bridging visa:
(a) coming into effect on grant; and
(b) permitting the holder to travel to, and enter, Australia on 1 occasion until a date specified by the Minister; and
(c) permitting the holder to remain in Australia until a date specified by the Minister.
(2) For a person to whom subregulation 2.20(15) applies regardless of whether the person has been immigration cleared, and who made an application in accordance with subregulation 2.20B(2)—bridging visa:
(a) coming into effect on grant; and
(b) permitting the holder to travel to, and enter, Australia on 1 occasion until a date specified by the Minister; and
(c) permitting the holder to remain in Australia until the earliest of the following:
(i) a date specified by the Minister;
(ii) 28 days after the day the assistance notice is revoked in writing by the Minister, the Secretary or an SES employee or acting SES employee of the Department.
(2A) For a person who is the subject of an assistance notice, or a person who is a member of the immediate family of such a person, other than a person to whom subclause (1) or (2) applies—bridging visa:
(a) coming into effect on grant; and
(b) permitting the holder to remain in Australia until 28 days after the day the assistance notice is revoked in writing by the Minister, the Secretary or an SES employee or acting SES employee of the Department.
(3) In any other case—bridging visa:
(a) coming into effect on grant; and
(b) permitting the holder to remain in Australia until the earliest of the following:
(i) a date specified by the Minister;
(ii) the end of 45 days after the date of the grant;
(iii) if:
(A) an officer of the Australian Federal Police, or of a police force of a State or Territory, has told Immigration, in writing, under paragraph 1306(3)(d) of Schedule 1 that the holder has been identified as a suspected victim of human trafficking, slavery or slavery‑like practices; and
(B) an officer of that police force tells Immigration, in writing, that the holder is no longer identified as a suspected victim;
when the Minister gives a written notice to the holder, by one of the methods specified in section 494B of the Act, that the holder is no longer identified as a suspected victim;
(iv) if:
(A) a holder is a member of the immediate family of a person; and
(B) an officer of the Australian Federal Police, or of a police force of a State or Territory, has told Immigration, in writing, under paragraph 1306(3)(d) of Schedule 1 that the person has been identified as a suspected victim of human trafficking, slavery or slavery‑like practices; and
(C) an officer of that police force tells Immigration, in writing, that the person is no longer identified as a suspected victim;
when the Minister gives a written notice to the holder, by one of the methods specified in section 494B of the Act, that the person is no longer identified as a suspected victim.
060.6—Conditions
060.611
In the case of a visa that is taken to have been granted by operation of section 75 of the Act—conditions 8101 and 8402.
060.612
In any other case, any one or more of conditions 8101, 8401, 8505 and 8506 may be imposed.
060.613
In addition to clauses 060.611 and 060.612, in the case of a visa that has been granted to a person who:
(a) made the application for the visa in accordance with subregulation 2.20B(2); and
(b) is the holder of the visa on the basis of satisfying the secondary criteria for the grant of the visa;
condition 8502 must be imposed.
Subclass 070—Bridging (Removal Pending)
070.1—Interpretation
070.111
In this Part:
eligible non‑citizen has the meaning given in regulation 2.20.
Note: See regulation 2.20A for how an application for a Bridging R (Class WR) visa is taken to have been validly made.
serious offence means an offence against a law of the Commonwealth, a State or a Territory where:
(a) it is an offence punishable by imprisonment for life or for a period, or maximum period, of at least 5 years; and
(b) the particular conduct constituting the offence involves or would involve:
(i) loss of a person’s life or serious risk of loss of a person’s life; or
(ii) serious personal injury or serious risk of serious personal injury; or
(iii) sexual assault; or
(iv) the production, publication, possession, supply or sale of, or other dealing in, child abuse material (within the meaning of Part 10.6 of the Criminal Code); or
(v) consenting to or procuring the employment of a child, or employing a child, in connection with material referred to in subparagraph (iv); or
(vi) acts done in preparation for, or to facilitate, the commission of a sexual offence against a person under 16; or
(vii) domestic or family violence (including in the form of coercive control); or
(viii) threatening or inciting violence towards a person or group of persons on the ground of an attribute of the person or one or more members of the group; or
(ix) people smuggling; or
(x) human trafficking.
vulnerable person means a person who:
(a) is at least 18; and
(b) has a disability.
070.2—Primary criteria
Note: All applicants must satisfy the primary criteria.
070.21—Criteria to be satisfied at time of application
070.211
The applicant is an eligible non‑citizen referred to in subregulation 2.20(12) who is taken to have made an application in accordance with subregulation 2.20A(2).
070.22—Criteria to be satisfied at time of decision
070.221
The applicant continues to satisfy the criterion set out in clause 070.211.
070.222
The Minister is satisfied that, if the bridging visa is granted, the applicant will abide by the conditions to which the visa is subject.
070.223
The applicant satisfies public interest criteria 4001 and 4002.
070.3—Secondary criteria: Nil.
Note: All applicants must satisfy the primary criteria.
070.4—Circumstances applicable to grant
070.411
The applicant must be in immigration detention when the visa is granted.
070.5—When visa is in effect
070.511
Bridging visa:
(a) coming into effect on grant or as soon as the visa is taken to be granted under paragraph 76A(3)(a) or 76AA(2)(b) or (3)(c) of the Act; and
(b) permitting the holder to remain in Australia; and
(c) ceasing at the earliest of the following:
(i) when the Minister gives a written notice to the holder, by one of the methods specified in section 494B of the Act, stating that the Minister is satisfied that the holder’s removal from Australia is reasonably practicable;
(ii) when the Minister gives a written notice to the holder, by one of the methods specified in section 494B of the Act, stating that the holder has breached a condition to which the visa is subject;
(iii) when the Minister grants the holder another Bridging R (Class WR) visa under regulation 2.25AB.