Bridging E visa holders made subject to an enforceable code of behaviour

Policy effect

Amends the Migration Regulations 1994 to introduce an enforceable code of behaviour requirement for certain Bridging E visa holders, under which breaches may result in visa cancellation and return to immigration detention.

Conditions and exceptions

Validated condition or limit: Covered visa holders had to sign and comply with the code; a breach could support visa cancellation and return to immigration detention.

Official source excerpt

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

… uary 2014* ## Code of Behaviour for Public Interest Criterion 4022 - IMMI 13/155 *FRLI: F2013L02105* *Portfolio: Immigration and Border Protection* *Tabled: Scheduled for House of Representatives and Senate, 11 February 2014* ### Summary of committee concerns 2.1 The committee has not been able to ascertain the necessity for these measures on the basis of the information provided and considers that the explanations provided in the statement of compatibility have failed to demonstrate that they are reasonable and proportionate. In the absence of this information, the committee considers that the amendments risk authorising serious breaches of human rights. 2.2 The committee seeks the Minister’s clarification on the various issues set out below as a matter of urgency so that it may finalise its consideration of these instruments while they are still before the Parliament. ### Overview 2.3 The Migration Amendment (Bridging Visas—Code of Behaviour) Regulation 2013 and the Code of Behaviour for Public Interest Criterion 4022 - IMMI 13/155 commenced on 14 December 2013. The committee has considered both these instruments together, given their interrelated nature. ##### Migration Amendment (Bridging Visas—Code of Behaviour) Regulation 2013 2.4 The Migration Amendment (Bridging Visas—Code of Behaviour) Regulation 2013 amends the *Migration Regulations 1994* to establish an enforceable code of behaviour for certain Bridging E (Class WE) visa (BVE) holders. 2.5 A BVE is a temporary visa that is ordinarily granted to ‘unlawful non-citizens’ to enable them to lawfully live in the community while their immigration status is finalised or while they make arrangements to leave Australia. As of 19 November 2013, there were some 22,900 asylum seekers who had arrived by boat who were living in the community on BVEs pending determination of their protection claims. [\[1\]](footnotes#c05f1) 2.6 The BVE cohort may also include unauthorised boat and air arrivals who ha …

Review method

Official-source recall audit with Gemini 3.8 Flash and evidence-supervisor publication adjudication

Other Australia changes operative in 2013

• 2013-03-23Introduction of the Post-Study Work stream in the Temporary Graduate visa
• 2013-10-18Migration Amendment (Temporary Protection Visas) Regulation 2013
• 2013-11-23Specification of Occupations Exempt from Labour Market Testing
• 2013-12-14Minister may disclose specified Bridging Visa holder information to police