# Eligible non-citizen in immigration detention

> reg-2.24 — as in force on 2026-06-01 — F2026C00497 · Compilation No. 287 — https://www.legislation.gov.au/F2026C00497/latest/text

2.24 Eligible non-citizen in immigration detention
          (1) For paragraph 75(1)(a) of the Act (which deals with the class of bridging visa
              that may be granted to a non-citizen in immigration detention), the prescribed
              classes of bridging visa are:
                (a) Bridging E (Class WE) visa; and
                (b) Bridging F (Class WF) visa.
          (2) For a Bridging E (Class WE) visa:
               (a) if the applicant is an eligible non-citizen of the kind mentioned in
                    subregulation 2.20(7), (8), (9), (10) or (11), the subclass to be granted is a
                    Subclass 051 Bridging (Protection Visa Applicant) visa; and







                 (b) if paragraph (a) does not apply, the subclass to be granted is a Subclass 050
                     Bridging (General) visa.
          (3) For paragraph 75(1)(b) of the Act (which deals with the time in which the
              Minister must make a decision on a bridging visa application), if the application
              is for a Bridging E (Class WE) visa, each item in the table sets out a period for
              the circumstances mentioned in the item.

Item     Circumstances                                                                           Period
1        The application is made by a non-citizen who has been immigration cleared               90 days
         An officer appointed under subregulation 2.10A(2) as a detention review
         officer for the State or Territory in which the applicant is detained (a detention
         review officer) has signed a declaration, within 2 working days after the
         application is made, that the detention review officer believes that the
         applicant may not pass the character test under subsection 501(6) of the Act
2        The application is made by a non-citizen who has been immigration cleared               2 working
         A detention review officer has not signed a declaration mentioned in item 1             days
         within 2 working days after the application is made
3        The application is made by a non-citizen who is an eligible non-citizen                 90 days
         mentioned in subregulation 2.20(6)
         A detention review officer has signed a declaration, within 2 working days
         after the application is made, that the detention review officer believes that the
         applicant may not pass the character test under subsection 501(6) of the Act
4        The application is made by a non-citizen who is an eligible non-citizen                 2 working
         mentioned in subregulation 2.20(6)                                                      days
         A detention review officer has not signed a declaration mentioned in item 3
         within 2 working days after the application is made
5        The applicant is not described in items 1 to 4                                          90 days
         A detention review officer has signed a declaration, within 28 days after the
         application is made, that the detention review officer believes that the
         applicant may not pass the character test under subsection 501(6) of the Act
6        The applicant is not described in items 1 to 4                                          28 days
         A detention review officer has not signed a declaration mentioned in item 5
         within 28 days after the application is made

          (4) For paragraph 75(1)(b) of the Act (which deals with the time in which the
              Minister must make a decision on a bridging visa application), if the application
              is for a Bridging F (Class WF) visa, each item in the table sets out a period for
              the circumstances mentioned in the item.

Item     Circumstances                                                                           Period
1        The application is made by a non-citizen who has been immigration cleared               2 working
                                                                                                 days
2        The application is made by a non-citizen who is an eligible non-citizen                 2 working
         referred to in subregulation 2.20(6)                                                    days
3        The applicant is not described in item 1 or 2                                           28 days







               Note:    The prescribed conditions for the purposes of section 75 of the Act are set out in:
                        (a) clause 050.612 of Schedule 2 (for a Subclass 050—Bridging (General) visa); and
                        (b) clause 051.611 of Schedule 2 (for a Subclass 051—Bridging (Protection Visa
                            Applicant) visa); and
                        (c) clause 060.611 of Schedule 2 (for a Subclass 060—Bridging F visa).
