Appendix F: Bridging visas
1.1
There are currently some 56 000 people lawfully in the community on
bridging visas. While on a bridging visa, a person may remain in the community
for a specified time or until a specified event occurs. The vast majority of
those on a bridging visa are working through immigration processes, whether at
the stage of primary application, merits review, judicial review or ministerial
intervention. As those processes are progressed, cases will be resolved either
by visa grant, voluntary departure, or the person becoming liable for removal.[1]
1.2
The use of detention during the process of resolving these clients’
immigration status has declined significantly. In the last three years, the
percentage of unlawful non-citizens located and then taken into detention by the
Department of Immigration and Citizenship (DIAC) has halved to 15 per cent.[2]
While the Act requires the detainment of an unlawful non-citizen, DIAC’s policy
is that, where it is appropriate and safe to do so, the granting of a bridging
visa should be considered prior to detaining a person.
1.3
Bridging visas may be granted with conditions attached such as:
n a requirement to
report to DIAC at regular intervals
n to live at a
specified address and notify DIAC of a change in address
n to pay the costs of
detention or make arrangements to do so (see chapter 5), or
n to lodge a security
bond, generally between $5000 and $50 000.[3]
1.4
Bridging visas may also be granted with restrictions on the following:
n work rights
n study rights, and
n access to Medicare.
1.5
However for those persons who are taken into detention at arrival or at
some later point, bridging visas are only granted in a limited range of
circumstances.[4] Table F.1 outlines the
criteria for these visas.
1.6
Offshore entry persons are prevented by subsection 46A(1) of the Act
from lodging a valid visa application, including an application for a bridging
visa. This includes ‘boat people’ who enter Australian waters, are intercepted
in the excised zone and taken to Christmas Island for processing.[5]
1.7
Under section 72(1)(c) of the Migration Act, the Minister can determine
that an otherwise ineligible person is eligible to apply for a bridging visa if:
n that person has been
in immigration detention for more than six months since lodging a protection
visa application without a primary decision having been made, and
n the Minister
considers a determination to be in the public interest.
1.8
The power is personal to the Minister and its exercise is non-compellable.
Since the conferral of this power in 1994, only four persons have been released
from detention under the exercise of this power.[6]
Bridging visa categories available to people in immigration
detention
|
Category
|
Criteria
|
Number of people in
community holding this visa as at 30 June 2008
|
|
Bridging visa E (BVE) -
subclass 050
|
Available to certain
unlawful non-citizens in three general circumstances. They are:
- to provide lawful status
to an unlawful non-citizen arranging to depart Australia; or
- to provide a lawful
status to a non-citizen who is pursuing a claim of one kind or another to
remain in Australia; or
- to provide lawful status
to an unlawful non-citizen in criminal detention, including a person in
remand or a person serving a custodial sentence, so that immigration
detention is unnecessary for the duration of the criminal detention.
|
5923
|
|
Bridging visa E (BVE) -
subclass 051
|
Available to unauthorised
arrivals applying for a protection visa who have either been refused
immigration clearance or who have bypassed immigration clearance and come to
notice within 45 days of entering Australia and satisfy at least one of the
following criteria:
- are less than 18 years of
age or more than 75 years of age
- have a special need based
on health or torture or trauma, in respect of which a medical specialist appointed
by immigration has certified that the non-citizen cannot be properly cared
for in a detention environment
- are the spouse of an
Australian citizen, permanent resident or eligible New Zealand citizen.
Applicants must meet health
criteria.
|
2
|
|
Bridging Visa R -Removal
Pending (RPBV)
|
Enables the release,
pending removal, of people in immigration detention who have been cooperating
with efforts to remove them from Australia, but whose removal is not reasonably
practicable at that time. This visa can only be applied for on written
invitation of the Minister. Applicants must pass the character test and be
assessed by ASIO as not being a risk to security.
|
16
|
Sources: Department
of Immigration and Citizenship, supplementary submission 129f, pp 27-28; supplementary
submission 129d, p 9; Migration Regulations 2.20A; Kamand S et al, Immigration
Advice and Rights Centre, The immigration kit (2008), 8th ed, The
Federation Press, p 177. Certain persons in immigration detention may also be
eligible for a Bridging Visa F, available to a person who is of interest to the
police in relation to offences involving people trafficking or sex slavery. While
people in detention can be eligible for Bridging Visa E (general), most of the
people holding this visa will not, in fact have come from immigration
detention, as this visa is usually granted as an alternative to detaining
someone who is making arrangements to depart the country or pursuing visa
applications or appeal processes.