The Removal Pending Bridging Visa
11 May 2005 - Legislation change
Client summary
From 11 May 2005 immigration law has been amended to create a new Bridging visa (Class WR) Subclass 070 (Bridging (Removal Pending)) to enable the release, pending removal, of persons in immigration detention who have been cooperating fully with efforts to remove them from Australia, but whose removal from Australia is not reasonably practicable at the current time.
Technical details
Additional information:
This visa is only available to people where:
- they are in immigration detention; and
- the Minister is satisfied that their removal from Australia is not reasonably practicable at that time; and
- the Minister is satisfied that they have done everything possible to facilitate their removal from Australia; and
- the Minister is satisfied that they have not attempted to obstruct efforts to arrange and effect their removal from Australia; and
- they have undertaken in writing to cooperate fully with all efforts to arrange and effect their removal; and
- they have undertaken in writing to abide by any conditions attached to their visa; and
- any of their visa applications have been finally determined; and
- there are no current proceedings in a court or tribunal to which the person is a party that raise an issue in connection with visas (including if a visa is not granted or has been cancelled), deportation, or removal.
This visa is subject to a range of conditions including a reporting requirement.
Removal Pending Bridging Visa holders will have access to a range of social support benefits, in line with those benefits provided with the 18-month Return Pending Visa (which is available to TPV holders who do not secure either a further protection visa or mainstream migration visa).
This new visa will provide more flexibility for the Government in dealing with the small number of individuals where there are more complex removal problems while maintaining commitment to mandatory detention and measures to deter people smuggling.
Transitional arrangements: Nil.
Forms: Nil. Application for this visa is made by way of invitation from the Minister based on eligibility set out in the Migration Regulations.
Instructions: PAM3 will be updated to reflect these changes.
Effect on delegations: The Minister intends to exercise this power personally.
Effect on systems: ICSE systems changes are scheduled to be put in place on 25 June 2005.
Changes have been made to Visa Manager, Visa Load, TRIPS, CRT and eLodgement Visas to accommodation the new regulations.