Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) For paragraph 75(1)(a) of the Act (which deals with the class of bridging visa that may be granted to a non - citizen in immigration detention), the prescribed classes of bridging visa are:
(a) Bridging E (Class WE) visa; and
(b) Bridging F (Class WF) visa.
(2) For a Bridging E (Class WE) visa:
(a) if the applicant is an eligible non - citizen of the kind mentioned in subregulation 2.20(7), (8), (9), (10) or (11), the subclass to be granted is a Subclass 051 Bridging (Protection Visa Applicant) visa; and
(b) if paragraph (a) does not apply, the subclass to be granted is a Subclass 050 Bridging (General) visa.
(3) For paragraph 75(1)(b) of the Act (which deals with the time in which the Minister must make a decision on a bridging visa application), if the application is for a Bridging E (Class WE) visa, each item in the table sets out a period for the circumstances mentioned in the item.
Item | Circumstances | Period |
1 | The application is made by a non - citizen who has been immigration cleared An officer appointed under subregulation 2.10A(2) as a detention review officer for the State or Territory in which the applicant is detained (a detention review officer ) has signed a declaration, within 2 working days after the application is made, that the detention review officer believes that the applicant may not pass the character test under subsection 501 (6) of the Act | 90 days |
2 | The application is made by a non - citizen who has been immigration cleared A detention review officer has not signed a declaration mentioned in item 1 within 2 working days after the application is made | 2 working days |
3 | The application is made by a non - citizen who is an eligible non - citizen mentioned in subregulation 2.20(6) A detention review officer has signed a declaration, within 2 working days after the application is made, that the detention review officer believes that the applicant may not pass the character test under subsection 501(6) of the Act | 90 days |
4 | The application is made by a non - citizen who is an eligible non - citizen mentioned in subregulation 2.20(6) A detention review officer has not signed a declaration mentioned in item 3 within 2 working days after the application is made | 2 working days |
5 | The applicant is not described in items 1 to 4 A detention review officer has signed a declaration, within 28 days after the application is made, that the detention review officer believes that the applicant may not pass the character test under subsection 501(6) of the Act | 90 days |
6 | The applicant is not described in items 1 to 4 A detention review officer has not signed a declaration mentioned in item 5 within 28 days after the application is made | 28 days |
(4) For paragraph 75(1)(b) of the Act (which deals with the time in which the Minister must make a decision on a bridging visa application), if the application is for a Bridging F (Class WF) visa, each item in the table sets out a period for the circumstances mentioned in the item.
Item | Circumstances | Period |
1 | The application is made by a non - citizen who has been immigration cleared | 2 working days |
2 | The application is made by a non - citizen who is an eligible non - citizen referred to in subregulation 2.20(6) | 2 working days |
3 | The applicant is not described in item 1 or 2 | 28 days |
Note: The prescribed conditions for the purposes of section 75 of the Act are set out in:
(a) clause 050.612 of Schedule 2 (for a Subclass 050--Bridging (General) visa); and
(b) clause 051.611 of Schedule 2 (for a Subclass 051--Bridging (Protection Visa Applicant) visa); and
(c) clause 060.611 of Schedule 2 (for a Subclass 060--Bridging F visa).