# Rules of natural justice do not apply to decision to grant certain bridging visas

> act-s76E — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

76E Rules of natural justice do not apply to decision to grant certain
          bridging visas
          (1) This section applies in relation to a decision to grant a non-citizen a
              Subclass 070 (Bridging (Removal Pending)) visa (the first visa) if
              the first visa is subject to one or more prescribed conditions.
          (2) To avoid doubt, the rules of natural justice do not apply to the
              making of the decision.
          (3) As soon as practicable after making the decision, the Minister
              must:
               (a) give the non-citizen, in the way that the Minister considers
                    appropriate in the circumstances:
                      (i) a written notice that sets out the decision; and
                     (ii) any other prescribed information; and
               (b) invite the person to make representations to the Minister,
                    within the period and in the manner specified by the
                    Minister, as to why the first visa should not be subject to one
                    or more of the conditions prescribed for the purposes of
                    subsection (1).
          (4) The Minister must grant the non-citizen another Subclass 070
              (Bridging (Removal Pending)) visa (the second visa), under a
              prescribed provision of the regulations, that is not subject to any
              one or more of the conditions prescribed for the purposes of
              subsection (1) if:








                 (a) the non-citizen makes representations in accordance with the
                     invitation; and
                 (b) either:
                       (i) the Minister is not satisfied, on the balance of
                           probabilities, that the non-citizen poses a substantial risk
                           of seriously harming any part of the Australian
                           community by committing a serious offence; or
                      (ii) if the Minister is satisfied, on the balance of
                           probabilities, that the non-citizen poses the substantial
                           risk mentioned in subparagraph (i)—the Minister is not
                           satisfied, on the balance of probabilities, that the
                           imposition of that condition, or those conditions, is
                           reasonably necessary, and reasonably appropriate and
                           adapted, for the purpose of protecting any part of the
                           Australian community from serious harm by addressing
                           that substantial risk.
               Note:      If the Minister grants the second visa, the first visa will cease to be in
                          effect, and the visa period for the first visa will end, on the grant of the
                          second visa (see subsections 68(4) and (5)).

        (4A) In determining whether to grant a visa in accordance with
             subsection (4), the Minister must decide whether to impose each
             condition prescribed for the purposes of subsection (1) in the same
             order as required by the regulations.
          (5) The Minister must give the non-citizen written notice of the
              decision and the reasons for the decision.
          (6) To avoid doubt, nothing in this section prevents the grant, from
              time to time, of a Subclass 070 (Bridging (Removal Pending)) visa
              to the non-citizen.
          (7) In this section:
               serious offence has the same meaning as in Part 070 of Schedule 2
               to the Migration Regulations 1994.