Enactment of Mandatory Bridging Visa Conditions Regime (Post-NZYQ)

Policy effect

Established stringent conditions and criminal offense provisions on Subclass 070 (Bridging R / Removal Pending) visas granted to non-citizens who cannot be removed in the reasonably foreseeable future following the High Court's NZYQ judgment, including mandatory curfews, electronic monitoring, and reporting obligations.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

Subdivision AF of Division 3 of Part 2 Add:Authorised Version C2023A00093 Schedule 1 Amendments of the Act 4 Migration Amendment (Bridging Visa Conditions) Act 2023 No. 93, 2023 76A Cessation by operation of law of certain bridging visas etc. (1) This section applies if: (a) a non-citizen holds a Subclass 070 (Bridging (Removal Pending)) visa (the first visa) immediately before the commencement of this section; and (b) the first visa was granted to the non-citizen without an application for the first visa being made by the non-citizen; and (c) the first visa was granted during the period that: (i) starts at the start of 8 November 2023; and (ii) ends immediately before the commencement of this section; and (d) at the time the first visa was granted, there was no real prospect of the removal of the non-citizen from Australia becoming practicable in the reasonably foreseeable future. (2) Despite any other provision of this Act or the regulations, the first visa ceases to be in effect immediately after the commencement of this section. Note: The visa period for the first visa ends when it ceases to be in effect under this subsection. (3) Despite any other provision of this Act or the … regulations: (a) the non-citizen is taken, immediately after the first visa ceases to be in effect under subsection (2), to have been granted another Subclass 070 (Bridging (Removal Pending)) visa (the second visa); and (b) the second visa is taken to come into effect as soon as it is taken to be granted under paragraph (a) of this subsection. Note: The visa period for the second visa begins when it is taken to be granted. (4) This Act and the regulations apply, after the commencement of this section, in relation to the second visa in the same way as they would apply in relation to a Subclass … 070 (Bridging (Removal Pending)) visa granted under the regulations. (5) Without limiting subsection (4), the following provisions of the regulations, as in force at the time the second visa is taken to be granted under paragraph (3)(a), apply in relation to the second visa:Authorised Version C2023A00093 Amendments of the Act Schedule 1 No. 93, 2023 Migration Amendment (Bridging Visa Conditions) Act 2023 5 (a) a provision specifying when a Subclass 070 (Bridging (Removal Pending)) visa is in effect; (b) a provision prescribing that a Subclass 070 (Bridging (Removal Pending)) visa permits the … visa holder to remain in Australia; (c) a provision specifying the mandatory conditions to which a Subclass 070 (Bridging (Removal Pending)) visa that is taken to be granted under paragraph (3)(a) is subject. 76B Offence relating to monitoring conditions of certain bridging visas (1) A person commits an offence if: (a) the person holds a Subclass 070 (Bridging (Removal Pending)) visa; and (b) at the time the visa was granted, there was no real prospect of the removal of the person from Australia becoming practicable in the reasonably foreseeable future; and (c) the visa is subject to a monitoring condition; and (d) the person fails to comply with a requirement of the monitoring condition. Note: Section 4K of the Crimes Act 1914, which deals with continuing and multiple offences, applies to this offence. Penalty: 5 years imprisonment or 300 penalty units, or both. (2) Subsection (1) does not apply if the person has a reasonable excuse. Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code). (4) In this section: monitoring condition is a mandatory condition that: (a) requires the holder of a Subclass 070 … (Bridging (Removal Pending)) visa to do any of the following things: (i) to notify the Minister or Department of specified matters within a specified period or before or by a specified day;Authorised Version C2023A00093 Schedule 1 Amendments of the Act 6 Migration Amendment (Bridging Visa Conditions) Act 2023 No. 93, 2023 (ii) to report at a specified time or times, and at a specified place or in a specified manner; (iii) to attend at a specified place, on a specified day and at a specified time; and (b) is not a prescribed condition. 76C Offence relating to requirement to remain at notified … address (1) A person commits an offence if: (a) the person holds a Subclass 070 (Bridging (Removal Pending)) visa; and (b) the visa is subject to a condition requiring the person to remain, between certain times of a day, at a particular address for the person for the day; and (c) the person fails to comply with the requirement of the condition. Penalty: 5 years imprisonment or 300 penalty units, or both. (2) Subsection (1) does not apply if the person has a reasonable excuse. Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code). 76D Offences relating to monitoring device and related monitoring equipment Requirement to wear monitoring device at all times (1) A person commits an offence if: (a) the person holds a Subclass 070 (Bridging (Removal Pending)) visa; and (b) the visa is subject to a condition requiring the person to wear a monitoring device at all times; and (c) the person fails to comply with the requirement of the condition. Penalty: 5 years imprisonment or 300 penalty units, or both.Authorised Version C2023A00093 Amendments of the Act Schedule 1 No. 93, 2023 Migration Amendment (Bridging …

Review method

Two separate automated exact-claim source reviews

Other Australia changes operative in 2023

• 2023-02-14Australia opens permanent Resolution of Status pathway for TPV and SHEV holders
• 2023-07-01Across-the-Board Increase in Visa Application Charges (VACs)
• 2023-09-02Phased Closure and Restriction of the Subclass 408 COVID-19 Pandemic Event Visa Stream
• 2023-10-19Resolution of Status (Subclass 851) Visa Eligibility Expansion & Identity Integrity Provisions
• 2023-11-01Expanded visa cancellation ground for concealed biosecurity goods
• 2023-11-25Expanded Permanent Residence Pathways under Temporary Residence Transition (TRT) Stream
• 2023-12-08Community Safety Order Scheme & Enhanced Bridging Visa Monitoring Measures
• 2023-12-11Removal of mandatory Workforce Australia advertising for labour market testing