Regulation 2.25AF — Suspension of certain visa conditions

2.25AF Suspension of certain visa conditions

(1) This regulation applies if non-citizen holds a Subclass 070 (Bridging (Removal Pending)) visa that is subject to one or more of the following conditions (each a community safety condition):

(a) condition 8401;

(b) condition 8620;

(c) condition 8621;

(d) condition 8623.

Suspension of visa conditions—period of arrest or custody

(2) During any period (the suspension period) in which the holder is under arrest or detained in custody, the visa is taken not to be subject to the community safety condition.

(3) A visa holder is taken to be detained in custody if:

(a) the holder is detained in custody under a law of the Commonwealth, a State or Territory; and

(b) the detention is in a prison, lock-up, remand centre, secure medical facility or like facility.

Suspension of visa conditions—period of admission as in-patient

(4) During any period (the suspension period) in which the holder is admitted as an in-patient to receive treatment at a public or private hospital, registered mental health facility or other registered medical facility, the visa is taken not to be subject to the community safety condition.

Relationship with regulation 2.25AE

(5) If:

(a) under regulation 2.25AE, a Subclass 070 (Bridging (Removal Pending)) visa is subject to a community safety condition for a period of 12 months from the day the visa is granted; and

(b) under this regulation, the visa is taken not to be subject to a community safety condition for a suspension period;

the suspension period does not affect the expiry of the 12 month period mentioned in paragraph (a).

Division 2.5A—Special provisions relating to certain health criteria