Book contents
- Frontmatter
- Contents
- Detailed table of contents
- Table of cases
- Table of statutes
- 1 Thinking about migration law and national borders: An aspirational benchmark?
- 2 Introduction to Australian immigration law
- 3 Family and interdependency visas
- 4 Business and investment and skill-based visas
- 5 Temporary visas
- 6 Miscellaneous visas
- 7 Common visa requirements
- 8 Introduction to Australian refugee law: The Refugees Convention in Australian domestic law
- 9 Convention grounds
- 10 Persecution
- 11 Well-founded fear of persecution
- 12 Limits on protection of refugees: Cessation, exclusion exceptions and protection by another country
- 13 Cancellation of visas
- 14 Judicial review
- 15 Migration and human rights
- Index
6 - Miscellaneous visas
Published online by Cambridge University Press: 05 June 2012
- Frontmatter
- Contents
- Detailed table of contents
- Table of cases
- Table of statutes
- 1 Thinking about migration law and national borders: An aspirational benchmark?
- 2 Introduction to Australian immigration law
- 3 Family and interdependency visas
- 4 Business and investment and skill-based visas
- 5 Temporary visas
- 6 Miscellaneous visas
- 7 Common visa requirements
- 8 Introduction to Australian refugee law: The Refugees Convention in Australian domestic law
- 9 Convention grounds
- 10 Persecution
- 11 Well-founded fear of persecution
- 12 Limits on protection of refugees: Cessation, exclusion exceptions and protection by another country
- 13 Cancellation of visas
- 14 Judicial review
- 15 Migration and human rights
- Index
Summary
Bridging visas
Bridging visas are a means of ensuring non-Australian permanent residents or citizens (or eligible New Zealand citizens) remain lawful in order to avoid detention and removal. A bridging visa can only be granted to an eligible non-citizen who satisfies the criteria for a bridging visa prescribed under ss 31(3) and 37 of the Act. They are for applicants whose visas have ceased and who are waiting for a decision on an application for a substantive visa, or non-citizens making arrangements to leave Australia, or non-citizens who do not have a visa but whom it is not necessary to keep in immigration detention. The basic principles applicable to bridging visas are discussed in the textbook, Migration and Refugee Law: Principles and Practice in Australia, at section 9.4.
A fundamental distinction in relation to bridging visas is the definition of ‘eligible non-citizen’ being a non-citizen who has been immigration-cleared, is in a prescribed class of persons, or is determined by the minister to be an eligible non-citizen. There is a distinction between an eligible non-citizen and a lawful non-citizen, defined as ‘a non-citizen in the migration zone who holds a visa that is in effect.’
The available types of bridging visa classes and sub-classes are:
Schedule 1 class
Item 1301. Bridging A (Class WA)
Item 1302. Bridging B (Class WB)
Item 1303. Bridging C (Class WC)
Item 1304. Bridging D (Class WD)
041 (Bridging (Non-applicant))
Item 1305. Bridging E (Class WE)
[…]
- Type
- Chapter
- Information
- Migration and Refugee Law in AustraliaCases and Commentary, pp. 165 - 194Publisher: Cambridge University PressPrint publication year: 2006