Adding Subclass 050 visas to the list of relevant visas under Regulation 2.43(1)(a)(i)

1 July 2009 Legislation Change

Client summary

From 1 July 2009, the Migration Regulations 1994 ('the Regulations') are amended to add Subclass 050 – Bridging (general) visas to the list of relevant visas that cannot be cancelled under Regulation 2.43(1)(a)(i).

This will have the effect of allowing a client whose visa has been cancelled, or whose visa application has been refused, due to a determination by the Foreign Minister that their presence in Australia is contrary to Australia’s foreign policy interests, to remain lawfully in Australia while they pursue review of the decision, make arrangements to depart or apply for a relevant visa. 

Affected legislation

The following provisions of the Regulations are amended:

Part 2 - Regulation 2.43(3)

Additional information: Not applicable.

Transitional provisions: The proposed amendments apply to an application for a Subclass 050 visa made on or after 1 July 2009.

Forms: Form 1099 'Notice of Intention to Consider Cancellation under section 116 of the Migration Act 1958' and form 1111 'Notice of Intention to Consider Cancellation under section 116 of the Migration Act 1958 (for use in immigration clearance)' will need to be updated.

Instructions: PAM3 has been amended to reflect these changes.