Visa subclass

Subclass 050 — Bridging (General)

Current

Schedule 2 · Migration Regulations 1994

F2026C00497 · Compilation No. 287As in force on 1 June 2026

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In Schedule 1

1305Bridging E (Class WE)

Applications for this subclass are made under item 1305 of Schedule 1 (Classes of visa).

Provision: Subclass 050
As in force on: 1 June 2026
Citation: F2026C00497 · Compilation No. 287

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Subclass 050 — Bridging (General)

050.1—Interpretation

Note: ART is defined in subsection 5(1) of the Act. Compelling need to work and criminal detention are defined in regulation 1.03. For eligible non-citizen, see regulation 2.20. There are no interpretation provisions specific to this Part.

050.2—Primary criteria

Note: All applicants must satisfy the primary criteria.

050.21—Criteria to be satisfied at time of application

050.211

(1) The applicant is:

(a) an unlawful non-citizen; or

(b) the holder of a Bridging E (Class WE) visa; or

(2) The applicant is not an eligible non-citizen of the kind set out in subregulation 2.20(7), (8), (9), (10), (11), (17), (18) or (19).

050.212

(1) The applicant meets the requirements of subclause (2), (3), (3A), (4), (4AAA), (4AA), (4AB), (5), (5A), (5B), (6), (6AA), (6A), (7), (8) or (9).

(2) An applicant meets the requirements of this subclause if the Minister is satisfied that the applicant is making, or is the subject of, acceptable arrangements to depart Australia.

(3) An applicant meets the requirements of this subclause if:

(a) the applicant has made, in Australia, a valid application for a substantive visa of a kind that can be granted if the applicant is in Australia and that application has not been finally determined; or

(b) the Minister is satisfied that the applicant will apply, in Australia, within a period allowed by the Minister for the purpose, for a substantive visa of a kind that can be granted if the applicant is in Australia.

(3A) An applicant meets the requirements of this subclause if:

(a) the applicant has made, in Australia, a valid application for a substantive visa of a kind that can be granted if the applicant is in Australia; and

(b) either:

(i) the applicant has applied for judicial review of a decision to refuse to grant the visa and the judicial proceedings (including any proceedings on appeal) have not been completed; or

(ii) the Minister has applied for judicial review of a decision in relation to a refusal to grant the applicant’s substantive visa, and the judicial review proceedings (including any proceedings on appeal) have not been completed.

(4) An applicant meets the requirements of this subclause if:

(a) the applicant has applied for judicial review of a decision in relation to a substantive visa, other than a decision to refuse to grant a visa; or

(aa) the Minister has applied for judicial review of a decision in relation to the applicant’s substantive visa application, other than a decision relating to a refusal to grant the substantive visa; or

(b) the applicant has applied for merits review of a decision to cancel a visa; or

(ba) the applicant has applied under section 137K of the Act for revocation of the cancellation of a visa; or

(bb) the applicant has applied for merits review of a decision under section 137L of the Act not to revoke the cancellation of a visa; or

(c) the Minister is satisfied that the applicant will make an application of a kind referred to in paragraph (b), (ba) or (bb); or

(d) the applicant has applied for judicial review of the validity of a law that affects:

(i) the applicant’s eligibility to apply for a substantive visa; or

(ii) the applicant’s entitlement to be granted or to continue to hold a substantive visa.

(4AAA) An applicant meets the requirements of this subclause if the applicant has applied for:

(a) a declaration from a court that the Act does not apply to the applicant; or

(b) judicial review or merits review of a decision made in relation to the applicant under the Australian Citizenship Act 2007;

and the proceedings for the declaration or review have not been completed.

(4AA) An applicant meets the requirements of this subclause if:

(a) the applicant is a member of the family unit of a person whose substantive visa application is the subject of the judicial review proceedings mentioned in:

(i) paragraph (3A)(b); or

(ii) paragraph (4)(a); or

(iii) paragraph (4)(aa); or

(iv) paragraph (4)(d); and

(b) the person whose substantive visa application is the subject of the judicial review proceedings is not a party to a representative proceeding; and

(c) the applicant made a substantive visa application that was combined with the substantive visa application mentioned in:

(i) paragraph (3A)(a); or

(ii) subclause (4).

(4AB) An applicant meets the requirements of this subclause if the applicant is:

(a) a member of the immediate family of a person who meets the requirements of subclause (4AAA); or

(b) a brother or sister who has not turned 18, of a person who:

(i) meets the requirements of subclause (4AAA); and

(ii) has not turned 18.

Note: Regulation 1.12AA defines member of the immediate family.

(4A) For the purposes of subclauses (3A), (4) and (4AAA), the applicant is taken to have applied for judicial review if the applicant:

(a) is described or identified, in an application or document filed for the purposes of section 33H of the Federal Court of Australia Act 1976, as a group member to whom a representative proceeding relates; or

(b) is a person on whose behalf or for whose benefit a person sues under rule 21.09.1 of the High Court Rules 2004.

(5) An applicant meets the requirements of this subclause if:

(a) he or she held a visa that was cancelled under subsection 140(1) or (3) of the Act (which deals with cancellation because of the cancellation of a visa held by another person); and

(b) either:

(i) the other person whose visa was cancelled has applied for review of the decision to cancel his or her visa; or

(ii) the Minister is satisfied that that other person will make an application of that kind.

(5A) An applicant meets the requirements of this subclause if:

(a) the applicant held a visa that was cancelled under subsection 140(1), (2) or

(3) of the Act because another person’s visa was cancelled under section 137J of the Act; and

(b) one of the following applies in relation to the person whose visa was cancelled under section 137J of the Act:

(i) he or she has applied under section 137K of the Act for revocation of the cancellation of the visa;

(ii) he or she has applied for merits review of a decision under section 137L of the Act not to revoke the cancellation of the visa;

(iii) the Minister is satisfied that he or she will make an application of a kind mentioned in subparagraph (i) or (ii).

(5B) An applicant meets the requirements of this subclause if the applicant:

(a) is a person to whom section 48A of the Act applies; and

(b) has made a request to the Minister to determine under section 48B of the Act that section 48A of the Act does not apply to prevent an application for a protection visa by the applicant; and

(i) a determination under section 48B of the Act; or

(ii) the exercise of the Minister’s power under section 351, or repealed section 417, of the Act.

(6) An applicant meets the requirements of this subclause if:

(a) the applicant is the subject of:

(i) a decision in relation to an application made in Australia for a visa; or

(ii) a decision to cancel a visa; and

(b) in relation to the decision mentioned in paragraph (a), the applicant:

(i) is the subject of a decision for which the Minister has the power to substitute a more favourable decision under section 351 of the Act; and

(ii) has made a request to the Minister to substitute a more favourable decision under section 351, or repealed section 417, of the Act; and

(i) the exercise of the Minister’s power under section 351, or repealed section 417, of the Act; or

(ii) a determination under section 48B of the Act.

(6AA) An applicant meets the requirements of this subclause if the Minister has decided, under section 351 or repealed section 417 of the Act, to substitute a more favourable decision for the decision of the Administrative Appeals Tribunal or the ART but the applicant cannot, for the time being, be granted a substantive visa because of a determination under section 85 of the Act.

(6A) An applicant meets the requirements of this subclause if:

(a) the applicant holds a Bridging E (Class WE) visa granted on the basis of the applicant meeting the requirements of subclause (6AA); and

(b) the Minister has decided, under section 351 or repealed section 417 of the Act, to substitute a more favourable decision for the decision of the Administrative Appeals Tribunal or the ART but the applicant cannot, for the time being, be granted a substantive visa because of a determination under section 85 of the Act; and

(7) An applicant meets the requirements of this subclause if:

(a) the applicant is in criminal detention; and

(b) no criminal justice stay certificate or criminal justice stay warrant about the applicant is in force.

(8) An applicant meets the requirements of this subclause if:

(a) the applicant holds a Bridging E (Class WE) visa that:

(i) was granted as a result of a valid application, made in Australia, for a substantive visa of a kind that could be granted if the applicant was in Australia; and

(ii) is subject to condition 8101; and

(b) the Minister is satisfied that the applicant has a compelling need to work; and

(i) the reasons for the delay in making the application for a protection visa are acceptable to the Minister; or

(ii) the applicant is in a class of persons specified by the Minister by instrument in writing for this subparagraph.

(9) An applicant meets the requirements of this subclause if:

(a) the applicant has made a valid application for a Partner (Migrant) (Class BC) visa; and

(b) that application was refused; and

(i) the applicant, or the Minister, has applied, within statutory time limits, for judicial review of a decision in relation to the applicant’s substantive visa application; or

(ii) the applicant:

(A) is a member of the family unit of a person whose substantive visa application is the subject of the judicial review proceedings mentioned in subparagraph (i); and

(B) made a substantive visa application that was combined with the substantive visa application mentioned in subparagraph (i);

and the applicant or family unit member does not satisfy the criterion in paragraph 010.211(6)(c) for the grant of a Bridging A (Class WA) visa; and

(d) the judicial review proceedings (including proceedings on appeal, if any) are not completed.

050.22—Criteria to be satisfied at time of decision

050.221

The applicant continues to satisfy the criteria set out in clauses 050.211 and 050.212.

050.222

(1) Unless subclause (2), (3), (4) or (5) applies, the applicant has been interviewed by an officer who is authorised by the Secretary for the purposes of this clause.

(2) This subclause applies if:

(a) the applicant is not in immigration detention; and

(b) the applicant has made a valid application for a substantive visa; and

(d) the applicant is not seeking to be granted a further Bridging E (Class WE) visa that is subject to conditions other than those that apply to the Bridging E (Class WE) visa that the applicant currently holds.

(3) This subclause applies if:

(a) an officer who is authorised by the Secretary for the purposes of this clause was not available to interview the applicant:

(i) at the time of application; or

(ii) if the bridging visa could be granted under regulation 2.21B, at the time of decision; and

(b) the applicant is not in immigration detention; and

(d) the applicant has previously held, but does not currently hold, a Bridging E (Class WE) visa. Note: For subclauses (2) and (3)—in certain circumstances, a Bridging E (Class WE) visa may also be taken to have been granted without application to a non-citizen who is in immigration detention. See the Act, s 73. In addition the Minister may grant a Bridging E (Class WE) visa to non-citizens who are in criminal detention or are unwilling or unable to make a valid application: see r 2.25.

(4) This subclause applies if the applicant is a person:

(a) to whom subclause 050.212(4AAA) applies; or

(b) to whom subclause 050.212(4AB) continues to apply.

(5) This subclause applies if an officer who is authorised by the Secretary for the purposes of this clause has decided that it is not necessary to interview the applicant.

050.223

The Minister is satisfied that, if a bridging visa is granted to the applicant, the applicant will abide by the conditions (if any) imposed on it.

050.224

If an authorised officer has required a security for compliance with any conditions that the officer has indicated to the applicant will be imposed on the visa if it is granted, the security has been lodged.

050.225

If the applicant:

(a) is at least 18 at the time of application; and

(b) holds, or has previously held, a Bridging E (Class WE) visa granted under section 195A of the Act;

the applicant satisfies public interest criterion 4022.

050.3—Secondary criteria: Nil.

Note: All applicants must satisfy the primary criteria.

050.4—Circumstances applicable to grant

050.411

The applicant must be in Australia but not in immigration clearance. Note: The applicant must be an eligible non-citizen at the time of grant: see the Act, s 73.

050.5—When visa is in effect

050.511

(1) In the case of a visa (other than a visa granted to a non-citizen to whom subclause 050.222(3) applies, or a visa granted under regulation 2.24A) granted to a non-citizen who has applied for a substantive visa—bridging visa:

(a) coming into effect on grant; and

(b) permitting the holder to remain in Australia until:

(i) if the Minister’s decision in respect of the substantive 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 and subclause (1A) does not apply in relation to the decision—35 days after the Minister makes the decision; or

(iiaa) 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

(iia) if the substantive 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

(iii) if the substantive 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

(iiia) if the substantive 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

(iv) if the holder withdraws his or her application for a substantive visa or an application to the ART—35 days after that withdrawal; or

(v) the grant of a further bridging visa to the holder in respect of his or her substantive visa application; or

(vi) if the Minister decides that the substantive visa application is invalid—35 days after the Minister makes the decision; or

(vii) if the ART or the Immigration Assessment Authority remits the substantive visa application to the Minister for reconsideration—the day worked out in accordance with whichever subparagraph of this paragraph 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 subparagraphs (1)(b)(ii), (iia), (iii), (iiia) and (vi), 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 subparagraph; and

(b) irrespective of the validity of the decision.

050.511AA

(1) In the case of a visa granted to a non-citizen under regulation 2.24A in respect of the non-citizen’s application for a substantive visa referred to in paragraph 2.24A(1)(a)—bridging visa:

(a) coming into effect on grant; and

(b) permitting the holder to remain in Australia until:

(i) 35 days after the Minister decided to refuse to grant the substantive visa to the non-citizen; or

(ii) if 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

(iii) if 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

(iv) if the holder withdraws an application to the ART—35 days after that withdrawal; or

(v) the grant of a further bridging visa to the holder in respect of the holder’s substantive visa application; or

(vi) if the ART remits the holder’s application for the substantive visa, to the Minister, for reconsideration—the day worked out in accordance

with whichever subparagraph of this paragraph applies in relation to the reconsideration.

(2) For the purposes of subparagraphs (1)(b)(i), (ii) and (iii), 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 subparagraph; and

(b) irrespective of the validity of the decision.

050.511A

In the case of a visa granted to a non-citizen on the basis that the non-citizen is a member of the family unit of a party to judicial review proceedings—bridging visa:

(a) coming into effect on grant; and

(b) permitting the holder to remain in Australia until the bridging visa held by the party to the judicial review proceedings ceases to be in effect.

050.511B

In the case of a visa granted to a non-citizen on the basis that the non-citizen is a person who has applied for a declaration mentioned in paragraph 050.212(4AAA)(a)—bridging visa:

(a) coming into effect on grant; and

(b) permitting the holder to remain in Australia until 28 days after the proceedings for the declaration are completed.

050.511C

(1) In the case of a visa granted to a non-citizen on the basis that the non-citizen has applied for judicial review of a decision under the Australian Citizenship Act 2007, mentioned in paragraph 050.212(4AAA)(b)—bridging visa:

(a) coming into effect on grant; and

(b) permitting the holder to remain in Australia until the latest of the following:

(i) 28 days after the day the judicial review proceedings are completed;

(ii) if the court remits the matter to the Minister or the ART for reconsideration—35 days after the day the Minister or ART makes a decision on the reconsideration;

(iii) if the non-citizen withdraws his or her application for judicial review—28 days after the day the application is withdrawn;

(iv) if the non-citizen is taken to have applied for judicial review under subclause 050.212(4A), and either withdraws from of or is struck out of the representative proceedings for judicial review—28 days after the day the non-citizen withdraws or is struck out; and

(c) if the court remits the matter to the Minister for reconsideration, and the Minister approves the person becoming an Australian citizen—permitting

the holder to remain in Australia until the day on which the non-citizen becomes an Australian citizen in accordance with Subdivision B of Division 2 of Part 2 of the Australian Citizenship Act 2007.

(2) For the purposes of subparagraph (1)(b)(ii), 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 subparagraph; and

(b) irrespective of the validity of the decision.

050.511D

(1) In the case of a visa granted to a non-citizen on the basis that the non-citizen has applied, or has purported to apply, for merits review of a decision under the Australian Citizenship Act 2007, mentioned in paragraph 050.212(4AAA)(b)— bridging visa:

(a) coming into effect on grant; and

(b) permitting the holder to remain in Australia until 35 days after the latest of the following:

(i) if the ART decides that the holder’s application for merits review was not made in accordance with the law governing the making of applications to the ART—the day the ART makes the decision;

(ia) if the ART makes a decision on the holder’s application for merits review (other than a decision to remit the application to the Minister for reconsideration)—the day the ART makes the decision;

(ii) if the ART remits the application to the Minister for reconsideration— the day the Minister makes a decision on the reconsideration;

(iii) if the non-citizen withdraws his or her application for merits review— the day the application is withdrawn; and

(c) if the ART remits the matter to the Minister for reconsideration, and the Minister approves the person becoming an Australian citizen—permitting the holder to remain in Australia until the day on which the non-citizen becomes an Australian citizen in accordance with Subdivision B of Division 2 of Part 2 of the Australian Citizenship Act 2007.

(2) The 35 day period worked out by reference to subparagraphs (1)(b)(i), (ia) and

(ii) 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 subparagraph; and

(b) irrespective of the validity of the decision.

050.511E

In the case of a visa granted to a non-citizen on the basis that the non-citizen is a person to whom subclause 050.212(4AB) applies—bridging visa:

(a) coming into effect on grant; and

(b) permitting the holder to remain in Australia until the bridging visa held by the person who meets the requirements of subclause 050.212(4AAA) ceases to be in effect.

050.512

In the case of a visa granted to a non-citizen (other than a non-citizen to whom subclause 050.222(3) applies) to whom paragraph 050.212(3A)(b), paragraph 050.212(4)(a), (aa) or (d) or subclause 050.212(9) applies—bridging visa:

(a) coming into effect on grant; and

(b) permitting the holder to remain in Australia until:

(i) if another bridging visa is granted to the holder in respect of his or her judicial review application—the grant of that bridging visa; or

(ii) subject to paragraph (c), 28 days after the judicial review proceedings (including proceedings on appeal, if any) are completed; or

(iii) if the holder withdraws his or her application for judicial review—28 days after that withdrawal; or

(iv) if the holder opts out of, or is struck out of, the representative proceeding for judicial review—28 days after so opting out or being struck out; and

(c) 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 paragraph 050.511(1)(b) or subclause 050.513(1) or 050.513B(1).

050.513

(1) In the case of a visa granted to a non-citizen (other than a non-citizen to whom subclause 050.222(3) applies) who has applied, or has purported to apply, for merits review of a decision to cancel a visa—visa coming into effect on grant permitting the holder to remain in Australia until:

(a) if the ART decides that the holder’s application for merits review 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

(aa) if the ART makes a decision on the holder’s application for merits review—35 days after the ART makes the decision; or

(b) if another bridging visa is granted to the holder in respect of his or her merits review application—the grant of that bridging visa; or

(2) For the purposes of paragraphs (1)(a) and (aa), 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; and

(b) irrespective of the validity of the decision.

050.513A

In the case of a visa granted to a non-citizen (other than a non-citizen to whom subclause 050.222(3) applies) who has applied under section 137K of the Act for revocation of the cancellation of a visa—bridging visa:

(a) coming into effect on grant; and

(b) permitting the holder to stay in Australia until:

(i) 14 working days after the day the decision is made on the revocation application; or

(ii) if another bridging visa is granted to the holder in respect of his or her revocation application—the grant of that bridging visa; or

(iii) if the holder withdraws his or her revocation application—14 working days after that withdrawal; and

(c) if the decision on the revocation application is not to revoke the cancellation and the holder applies for merits review of that decision— permitting the holder to remain in Australia in accordance with the relevant paragraph of subclause 050.513B(1).

050.513B

(1) In the case of a visa granted to a non-citizen (other than a non-citizen to whom subclause 050.222(3) applies) who has applied, or has purported to apply, for merits review of a decision under section 137L of the Act not to revoke the cancellation of a visa—bridging visa coming into effect on grant permitting the holder to stay in Australia until:

(aa) if the ART makes a decision on the holder’s application for merits review—35 days after the ART makes the decision; or

(b) if another bridging visa is granted to the holder in respect of his or her review application—the grant of that bridging visa; or

(2) For the purposes of paragraphs (1)(a) and (aa), 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; and

(b) irrespective of the validity of the decision.

050.514

(1) In the case of a visa granted to a non-citizen (other than a non-citizen to whom subclause 050.222(3) applies) to whom subsection 140(1) or (3) of the Act (which deal with cancellation as a result of cancellation of a visa held by another non-citizen) applies, if the other person whose visa was cancelled has applied, or has purported to apply, for review of that cancellation decision—visa coming into effect on grant permitting the holder to remain in Australia until:

(a) if the ART decides that the application for merits review made by the other person whose visa was cancelled 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

(aa) if the ART makes a decision on the application for merits review made by the other person whose visa was cancelled—35 days after the ART makes the decision; or

(b) if another bridging visa is granted to the holder in respect of that merits review application—the grant of that bridging visa; or

(c) if the other person whose visa was cancelled withdraws his or her application for merits review—35 days after that withdrawal.

(2) For the purposes of paragraphs (1)(a) and (aa), 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; and

(b) irrespective of the validity of the decision.

050.514AA

In the case of a visa granted to a non-citizen (other than a non-citizen to whom subclause 050.222(3) applies) to whom subsection 140(1), (2) or (3) of the Act applies, if the person whose visa was cancelled under section 137J of the Act has applied under section 137K of the Act for revocation of the cancellation— bridging visa:

(a) coming into effect on grant; and

(b) permitting the holder to stay in Australia until:

(i) 14 working days after the day the decision is made on the revocation application; or

(ii) if another bridging visa is granted to the holder in respect of the revocation application—the grant of that bridging visa; or

(iii) if the person whose visa was cancelled under section 137J of the Act withdraws his or her revocation application—14 working days after that withdrawal; and

(c) if the decision on the revocation application is not to revoke the cancellation and the person whose visa was cancelled applies for merits review of that decision—permitting the holder to remain in Australia in accordance with the relevant paragraph of subclause 050.514AB(1).

050.514AB

(1) In the case of a visa granted to a non-citizen (other than a non-citizen to whom subclause 050.222(3) applies) to whom subsection 140(1), (2) or (3) of the Act applies, if the person whose visa was cancelled under section 137J of the Act has applied, or has purported to apply, for merits review of a decision under section 137L of the Act not to revoke the cancellation—bridging visa coming into effect on grant permitting the holder to stay in Australia until:

(a) if the ART decides that the application for merits review made by the person whose visa was cancelled under section 137J of the Act 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

(aa) if the ART makes a decision on the application for merits review made by the person whose visa was cancelled under section 137J of the Act—35 days after the ART makes the decision; or

(b) if another bridging visa is granted to the holder in respect of the review application—the grant of that bridging visa; or

(c) if the person whose visa was cancelled under section 137J of the Act withdraws his or her application for merits review—35 days after that withdrawal.

(2) For the purposes of paragraphs (1)(a) and (aa), 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; and

(b) irrespective of the validity of the decision.

050.514A

In the case of a visa granted to a non-citizen to whom subclause 050.222(3) applies—bridging visa:

(a) coming into effect on grant; and

(b) permitting the holder to remain in Australia for 5 working days from date of grant.

050.515

(1) In the case of a visa granted, or taken to have been granted, to a non-citizen who is in criminal detention—visa coming into effect on grant and ceasing on:

(a) the non-citizen’s unconditional release from criminal detention; or

(b) the non-citizen’s release on bail; or

(i) the non-citizen’s completing a sentence of imprisonment; or

(ii) subject to subclause (2), the non-citizen’s release on parole; or

(iv) the non-citizen’s escaping from prison; or

(ca) subject to subclause (2), in the case of a non-citizen who is subject to an order for periodic detention—the completion of the period of periodic detention imposed by that order; or

(d) the signing of a deportation order against the non-citizen; or

(e) the grant of another visa to the holder; or

(f) if the non-citizen is subject to an order for periodic detention—the non-citizen’s breaching a condition of that order.

(2) Subparagraph (1)(c)(ii) and paragraph (1)(ca) apply only in the case of a non-citizen who has actually served a part of a term of imprisonment.

050.516

In the case of a visa that is taken to have been granted by operation of section 75 of the Act (which deals with applications for bridging visas which the Minister

does not decide within a short period)—visa coming into effect on grant permitting the applicant to remain in Australia for:

(a) 5 working days from date of grant; or

(b) if the Minister is satisfied, within 5 days from the date of grant, that the visa holder has made acceptable arrangements to depart Australia within 14 days from the date of grant—14 days from the date of grant.

050.517

In any other case—visa coming into effect on grant and ceasing on a date specified by the Minister for the purpose.

050.6—Conditions

050.611

In the case of a visa granted to a non-citizen who:

(a) either:

(i) applied for a substantive visa at the same time and on the same form as he or she applied for the bridging visa; or

(ii) applied for a substantive visa in respect of which the bridging visa is granted under regulation 2.21B; and

(b) is not in immigration detention; and

whichever of conditions 8101, 8104, 8201, 8207, 8401, 8402, 8505, 8506 and 8548 apply to that bridging visa.

050.611B

In the case of a visa granted to an unlawful non-citizen to whom subclause 050.222(3) applies:

(a) condition 8401 must be imposed; and

(b) any 1 or more of conditions 8101, 8104, 8201, 8207, 8505, 8506 and 8548 may be imposed.

050.612

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, 8509 and 8548.

050.612A

(1) This clause applies to a visa that is granted to an applicant:

(a) who meets the requirements of 1 or more of the following:

(i) subparagraph 050.212(3A)(b)(i);

(ii) subparagraph 050.212(3A)(b)(ii);

(iii) paragraph 050.212(4)(a);

(iv) paragraph 050.212(4)(aa);

(v) paragraph 050.212(4)(d);

(vi) subclause 050.212(4AA);

(viia) subclause 050.212(6AA);

(viii) subclause 050.212(9); and

(b) who does not meet the requirements of subclause 050.212(5B), (6) or (6A); and

(2) Condition 8101 must be imposed.

(3) Any 1 or more of conditions 8201, 8207, 8401, 8505, 8506, 8507, 8508, 8510, 8511, 8512 and 8548 may be imposed.

050.612B

In the case of a visa granted to an applicant who meets the requirements of subclause 050.212(4AAA) or (4AB): Nil.

050.613

(1) In the case of a visa (other than a visa to which clause 050.616B applies) granted to an applicant who meets the requirements of subclause 050.212(6A) or (8)— any 1 or more of conditions 8201, 8207, 8401, 8505, 8506, 8507, 8508, 8510, 8511, 8512 and 8548 may be imposed.

(2) Despite anything in the other provisions of this Division, those provisions do not apply in relation to a visa to which subclause (1) applies. Note: This means that the only conditions that may be imposed on such a visa are those conditions set out in subclause (1).

050.613A

(1) In the case of a visa (other than a visa to which clause 050.613, 050.616A or 050.616B applies) granted to an applicant who:

(a) applies for a protection visa; and

(b) is not in a class of persons specified by the Minister by instrument in writing for this paragraph;

condition 8101, unless condition 8116 is imposed.

(2) If the visa is a visa to which subclause (1) applies, any 1 or more of conditions 8116, 8201, 8207, 8401, 8505, 8506, 8507, 8508, 8510, 8511, 8512 and 8548 may be imposed.

(3) 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.

(4) Despite anything in the other provisions of this Division, those provisions do not apply in relation to a visa to which subclause (1) applies. Note: This means that the only conditions that are, or may be, imposed on such a visa are those conditions set out in subclauses (1) and (2).

050.614

(1) In the case of a visa granted to an applicant who:

(a) is an applicant for a protection visa; and

(b) meets the requirements of subclause 050.212(3A), (4), (4AA) or (4A);

if condition 8101 or 8116 applied to the last visa held by the applicant, that condition.

(2) Any 1 or more of conditions 8104, 8201, 8207, 8401, 8402, 8505, 8506, 8507, 8508, 8509, 8510, 8511, 8512 and 8548 may be imposed.

050.615

(1) In the case of a visa granted to an applicant who:

(a) meets the requirements of subclause 050.212(5B) or (6); and

(b) was not an unlawful non-citizen after the application for a substantive visa was finally determined up until the time of the request for the Minister:

(i) to substitute a more favourable decision under section 351, or repealed section 417, of the Act; or

(ii) to make a determination under section 48B of the Act;

if condition 8101 or 8116 applied to the last visa held by the applicant, that condition.

(2) Any 1 or more of conditions 8201, 8207, 8401, 8505, 8506, 8507, 8508, 8510, 8511, 8512 and 8548 may be imposed.

050.615A

(1) In the case of a visa granted to an applicant who:

(a) meets the requirements of subclause 050.212(5B) or (6); and

(b) was an unlawful non-citizen for all or part of the period after the application for a substantive visa was finally determined until the time of the request for the Minister:

(i) to substitute a more favourable decision under section 351, or repealed section 417, of the Act; or

(ii) to make a determination under section 48B of the Act;

condition 8101, unless condition 8116 is imposed.

(2) Any 1 or more of conditions 8116, 8201, 8207, 8401, 8505, 8506, 8507, 8508, 8510, 8511, 8512 and 8548 may be imposed.

(3) 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.

050.616A

(1) In the case of a visa granted under section 195A of the Act—any one or more of conditions 8101, 8104, 8116, 8201, 8207, 8303, 8401, 8402, 8505, 8506, 8507, 8508, 8510, 8511, 8512, 8514, 8548, 8550, 8551, 8552, 8553, 8554, 8555, 8556, 8560, 8562, 8563 and 8578 may be imposed.

(2) Condition 8116 must not be imposed unless the holder of the visa is in a class of persons specified by the Minister, by legislative instrument, for this subclause.

(3) Despite anything in the other provisions of this Division, those provisions do not apply in relation to a visa to which subclause (1) applies. Note: This means that the only conditions that may be imposed on such a visa are those conditions set out in subclause (1).

050.616B

(1) In the case of:

(a) a visa granted under regulation 2.24A; or

(b) a visa (other than a visa granted under section 195A of the Act) granted to an applicant in respect of whom:

(i) a weapons of mass destruction determination has been made; and

(ii) the Foreign Minister, or a person authorised by the Foreign Minister, has not subsequently determined that the applicant is no longer a person whose presence in Australia may be directly or indirectly associated with the proliferation of weapons of mass destruction;

the following:

(d) any 1 or more of conditions 8501, 8303, 8549, 8401, 8402, 8505, 8506, 8507, 8508, 8509, 8510, 8511, 8512, 8513, 8514, 8550, 8552, 8553, 8554, 8555, 8556, 8560, 8563, 8564, 8566 and 8578 may be imposed.

(2) Despite anything in the other provisions of this Division, those provisions do not apply in relation to a visa to which subclause (1) applies. Note: This means that the only conditions that are, or may be, imposed on such a visa are those conditions set out in subclause (1).

050.617

(1) In any other case—any 1 or more of conditions 8101, 8104, 8116, 8201, 8207, 8401, 8402, 8505, 8506, 8507, 8508, 8510, 8511, 8512 and 8548 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.

050.618

In addition to any other condition imposed by another provision of this Division, condition 8564 may be imposed.

050.619

In addition to any other condition imposed by another provision of this Division, if the person to whom the visa would be granted has signed a code of behaviour that is in effect for the visa, condition 8566 must be imposed. Note 1: A Subclass 050 visa may be granted with or without an application (for example, see regulation 2.25). Note 2: The requirement to sign a code of behaviour may be imposed by public interest criterion 4022 or in accordance with section 195A of the Act.

050.620

In addition to any other condition imposed by another provision of this Division, if:

(a) the person to whom the visa would be granted is an applicant for a Subclass 103 (Parent) visa or a Subclass 143 (Contributory Parent) visa; and

(b) the person is seeking to meet the requirements of subclause 103.214(2), 103.313(2), 143.214(2) or 143.313(2);

the following apply:

(d) condition 8501 may be imposed.

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