Subclass 060 — Bridging F

060.1—Interpretation

Note: For human trafficking see regulation 1.03. There are no interpretation provisions specific to this Part.

060.2—Primary criteria

060.21—[No criteria to be satisfied at time of application]

060.22—Criteria to be satisfied at time of decision

060.221

The applicant has been identified as a suspected victim of human trafficking, slavery or slavery-like practices.

060.222

Suitable arrangements have been made for the care, safety and welfare of the applicant in Australia for the proposed period of the visa.

060.223

If the bridging visa is granted, the applicant will abide by the conditions imposed on it.

060.224

If the applicant was the subject of an assistance notice when the application was made, the notice has not been revoked.

060.3—Secondary criteria

060.31—[No criteria to be satisfied at time of application]

060.32—Criteria to be satisfied at time of decision

060.321

The applicant is a member of the immediate family of, and made a combined application with, a person (the primary applicant) in relation to whom the primary criteria in Subdivision 060.22 are satisfied.

060.322

The applicant continues to be a member of the immediate family of the primary applicant.

060.323

Suitable arrangements have been made for the care, safety and welfare of the applicant in Australia for the proposed period of the visa.

060.324

If the bridging visa is granted, the applicant will abide by the conditions imposed on it.

060.325

If the primary applicant was the subject of an assistance notice when the application was made, the notice has not been revoked.

060.4—Circumstances applicable to grant

060.411

(1) An applicant:

(a) to whom subregulation 2.20(14) applies; and

(b) who applied for the visa using the application process described in subregulation 2.20B(2);

must be outside Australia when the visa is granted.

(2) An applicant:

(a) to whom subregulation 2.20(15) applies; and

(b) who applied for the visa using the application process described in subregulation 2.20B(2);

must be in Australia, but not in immigration clearance, when the visa is granted.

(3) An applicant:

(a) to whom subregulation 2.20(15) applies except that he or she has been immigration cleared; and

(b) who applied for the visa using the application process described in subregulation 2.20B(2);

must be in Australia when the visa is granted.

(4) In any other case, an applicant must be in Australia when the visa is granted.

060.5—When visa is in effect

060.511

(1) For a person to whom subregulation 2.20(14) applies, and who made an application in accordance with subregulation 2.20B(2)—bridging visa:

(a) coming into effect on grant; and

(b) permitting the holder to travel to, and enter, Australia on 1 occasion until a date specified by the Minister; and

(c) permitting the holder to remain in Australia until a date specified by the Minister.

(2) For a person to whom subregulation 2.20(15) applies regardless of whether the person has been immigration cleared, and who made an application in accordance with subregulation 2.20B(2)—bridging visa:

(a) coming into effect on grant; and

(b) permitting the holder to travel to, and enter, Australia on 1 occasion until a date specified by the Minister; and

(c) permitting the holder to remain in Australia until the earliest of the following:

(i) a date specified by the Minister;

(ii) 28 days after the day the assistance notice is revoked in writing by the Minister, the Secretary or an SES employee or acting SES employee of the Department.

(2A) For a person who is the subject of an assistance notice, or a person who is a member of the immediate family of such a person, other than a person to whom subclause (1) or (2) applies—bridging visa:

(a) coming into effect on grant; and

(b) permitting the holder to remain in Australia until 28 days after the day the assistance notice is revoked in writing by the Minister, the Secretary or an SES employee or acting SES employee of the Department.

(3) In any other case—bridging visa:

(a) coming into effect on grant; and

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

(i) a date specified by the Minister;

(ii) the end of 45 days after the date of the grant;

(iii) if:

(A) an officer of the Australian Federal Police, or of a police force of a State or Territory, has told Immigration, in writing, under paragraph 1306(3)(d) of Schedule 1 that the holder has been identified as a suspected victim of human trafficking, slavery or slavery-like practices; and

(B) an officer of that police force tells Immigration, in writing, that the holder is no longer identified as a suspected victim;

when the Minister gives a written notice to the holder, by one of the methods specified in section 494B of the Act, that the holder is no longer identified as a suspected victim;

(iv) if:

(A) a holder is a member of the immediate family of a person; and

(B) an officer of the Australian Federal Police, or of a police force of a State or Territory, has told Immigration, in writing, under paragraph 1306(3)(d) of Schedule 1 that the person has been identified as a suspected victim of human trafficking, slavery or slavery-like practices; and

(C) an officer of that police force tells Immigration, in writing, that the person is no longer identified as a suspected victim;

when the Minister gives a written notice to the holder, by one of the methods specified in section 494B of the Act, that the person is no longer identified as a suspected victim.

060.6—Conditions

060.611

In the case of a visa that is taken to have been granted by operation of section 75 of the Act—conditions 8101 and 8402.

060.612

In any other case, any one or more of conditions 8101, 8401, 8505 and 8506 may be imposed.

060.613

In addition to clauses 060.611 and 060.612, in the case of a visa that has been granted to a person who:

(a) made the application for the visa in accordance with subregulation 2.20B(2); and

(b) is the holder of the visa on the basis of satisfying the secondary criteria for the grant of the visa;

condition 8502 must be imposed.