Commonwealth Consolidated Regulations

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MIGRATION REGULATIONS 1994 - REG 2.21A

Grant of Bridging A (Class WA) visas without application

             (1)  This regulation applies to a person:

                     (a)  who is in Australia, but not in immigration clearance; and

                     (b)  whose application for a Spouse (Migrant) (Class BC) visa, a Partner (Migrant) (Class BC) visa or an Interdependency (Migrant) (Class BI) visa was withdrawn, or refused (except under section 501, 501A or 501B of the Act), when the person was in Australia; and

                     (c)  who was, immediately before that withdrawal or refusal, the holder of a Subclass 309 (Spouse (Provisional)) visa, a Subclass 309 (Partner (Provisional)) visa or a Subclass 310 (Interdependency (Provisional)) visa; and

                     (d)  who has not already been granted a visa under this regulation in relation to the withdrawal or refusal.

             (2)  This regulation also applies to a person:

                     (a)  who is in Australia, but not in immigration clearance; and

                     (b)  whose application for an Aged Parent (Residence) (Class BP) visa was withdrawn:

                              (i)  while the person was in Australia; and

                             (ii)  at the same time as the person applied for a Contributory Aged Parent (Residence) (Class DG) visa or a Contributory Aged Parent (Temporary) (Class UU) visa; and

                     (c)  who was, immediately before that withdrawal, the holder of a Subclass 010 (Bridging A) visa or a Subclass 020 (Bridging B) visa that was granted in association with the application for an Aged Parent (Residence) (Class BP) visa mentioned in paragraph (b); and

                     (d)  who does not hold a substantive visa; and

                     (e)  who has not already been granted a Subclass 010 (Bridging A) visa under this regulation in relation to:

                              (i)  the withdrawal of the application for an Aged Parent (Residence) (Class BP) visa mentioned in paragraph (b); and

                             (ii)  the application for a Contributory Aged Parent (Residence) (Class DG) visa or a Contributory Aged Parent (Temporary) (Class UU) visa mentioned in paragraph (b).

             (3)  This regulation also applies to a person:

                     (a)  who is in Australia, but not in immigration clearance; and

                     (b)  whose application for a Contributory Aged Parent (Residence) (Class DG) visa or a Contributory Aged Parent (Temporary) (Class UU) visa was withdrawn:

                              (i)  while the person was in Australia; and

                             (ii)  at the same time as the person applied for an Aged Parent (Residence) (Class BP) visa; and

                     (c)  who was, immediately before that withdrawal, the holder of a Subclass 010 (Bridging A) visa or a Subclass 020 (Bridging B) visa that was granted in association with the application for a Contributory Aged Parent (Residence) (Class DG) visa or a Contributory Aged Parent (Temporary) (Class UU) visa mentioned in paragraph (b); and

                     (d)  who does not hold a substantive visa; and

                     (e)  who has not already been granted a Subclass 010 (Bridging A) visa under this regulation in relation to:

                              (i)  the withdrawal of the application for a Contributory Aged Parent (Residence) (Class DG) visa or a Contributory Aged Parent (Temporary) (Class UU) visa mentioned in paragraph (b); and

                             (ii)  the application for an Aged Parent (Residence) (Class BP) visa mentioned in paragraph (b).

             (4)  Despite Schedule 1, the Minister must grant a Bridging A (Class WA) visa in relation to the person mentioned in subregulation (1), (2) or (3).



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