Changes to conditions for discretionary bridging visas

The Government has introduced changes to conditions for discretionary bridging visas from the 16 April 2021.

The explanatory memorandum supporting Legislative Instrument – Migration Amendment (Bridging Visa Conditions) Regulations 2021 – F2021L00444 states:

The objective of the amending regulations is to strengthen the community placement options available to the Minister when considering whether to release an individual from immigration detention in cases where the individual poses a risk to public safety. Imposition of these conditions would be at the discretion of the Minister and it is intended they would be applied on a case by case basis and be proportionate to the potential community protection risks posed by the individual.

The Minister may impose conditions on bridging visas to manage unlawful non-citizens when they are being considered for release from immigration detention.

The following discretionary visa conditions will be available to be attached to the specified bridging visas:

Subclass 050 Bridging visa E (BVE)

8303 – must not become involved in disruptive, threatening or violent behaviour towards the Australian community or group within Australia.

8514 – no material changes of circumstances to basis of grant.

8550 – notify of change of name, address, phone number, email address, online profile or user name not less than two days before the change occurs

8551 – must obtain the Minister’s approval to engage in employment or occupations that involve chemicals of security concern (as specified), in the aviation or maritime industries, handling security sensitive biological agents.

8552 – must notify of change of employment details not less than 2 days before changing

8553 – must not be involved in activities prejudicial to security as specified in the ASIO Act 1979.

8554 – must not acquire weapons, explosives, information related to the use of these.

8556 – must obtain Minister’s approval to undertake activities related to flight training or flying aircraft.

8556 – must not communicate or associate with entities listed in the Charter of the United Nations Act 1945; or an organisation prescribed as a terrorist organisation in the Criminal Code Act 1995.

8560 – must obtain Ministers’ approval before acquiring chemicals of security concern (these include chemicals used in pools and spas and that could be diverted for unlawful use).

8562 – must not take up employment that involves the use or access to weapons or explosives or similar.

8563 – must not take up activities that involve the use or access to, or training with or possessing weapons, explosives or similar.

8578 – must notify within 14 days changes of address, email, phone number, email passport address of employer or employment.

Subclass 070 Bridging (Removal Pending) visa

8505 – The holder must continue to live at the address specified by the holder before grant of the visa.

8506 – must notify of change of address within two days in advance of change, note this condition has been made discretionary where it was previously mandatory.

8546 – must not engage in criminal conduct.

8578 – must notify change within 14 days of address, email, phone number, passport, address of employer and location of employment.

8566 – if holder has signed a code of behaviour, this must not be breached this condition was previously attached only to SC 050 visas.

How can we help you with your bridging visas?

At FC Lawyers our team has considerable experience dealing with in a range of visa cancellation, detention and application for bridging visas.

If you have a problem with a bridging visa, or would like to know more on the discretionary bridging visas, don’t hesitate to contact us.