Migration (LIN 19/061: Bridging (General) Visa—Satisfaction of Criteria by Certain Applicants) Instrument 2019

I, David Coleman, Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, make the following instrument.

Dated 23/8/19

David Coleman

The Hon David Coleman MP

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

Contents

Part 1—Preliminary

1  Name

2  Commencement

3  Authority

4  Definitions

5  Schedules

Part 2—Specified class of persons

6  Specified class of persons

Part 3—Application

7  Application of this instrument

Schedule 1—Repeals

IMMI 09/079 Bridging (General) Visa – Satisfaction of Criteria by Certain Applicants (F2009L02552)

Part 1—Preliminary

1  Name

1.            This instrument is the Migration (LIN 19/061: Bridging (General) Visa—Satisfaction of Criteria by Certain Applicants) Instrument 2019.
2.            This instrument may be cited as LIN 19/061.

2  Commencement

This instrument commences on the day after this instrument is registered on the Federal Register of Legislation.

3  Authority

This instrument is made under subparagraph 050.212(8)(c)(ii) of Schedule 2 to the Regulations.

4  Definitions

Note: A number of expressions used in this instrument are defined in section 5 of the Act or regulation 1.03 of the Regulations, including the following:

1.            Minister;
2.            non-citizen;

(c) protection visa.

In this instrument:

Act means the Migration Act 1958.

Regulations means the Migration Regulations 1994.

5  Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Part 2—Specified class of persons

6  Specified class of persons

(1) For the purposes of subparagraph 050.212(8)(c)(ii) of Schedule 2 to the Regulations, the classes of persons are specified:

(a) all non-citizens who:

1.        make an application for a Protection (Class XA) visa; and

1.      hold, or have held, a Subclass 785 Temporary Protection visa; or

(b) all non-citizens who:

(i) have made an application for a Protection (Class XA) visa within 7 working days of the Minister giving written notice under subsection 91L(1) of the Act; and

(ii) hold or have held a Subclass 786 (Temporary) Humanitarian Concern visa.

Note: Subsection 91L(1) of the Act provides that a Minister may, by written notice, determine that section 91K of that Act does not apply to an application for a visa made by a non-citizen in the period starting when the notice is given and ending at the end of the seventh working day after the day that the notice is given.

Part 3—Application

7  Application of this instrument

This instrument, LIN 19/061, does not apply to applications for a bridging visa made before 1 July 2009.

Schedule 1—Repeals

IMMI 09/079 Bridging (General) Visa – Satisfaction of Criteria by Certain Applicants (F2009L02552)

1.              The whole of the instrument

Repeal the instrument.