Amendments to Condition 8107 and the Cessation Provisions in Clause 051.513 and a Technical Amendment to Clause 050.613A

Commencement: 1 January 2012

Client summary

From 1 January 2012, the Migration Regulations 1994 (‘the Regulations’) are amended to:

• extend the operation of subclause 8107(3) and subclause 8107(3B) where condition 8107 attaches to Bridging A (Class WA) (BVA) or Bridging B (Class WB) (BVB) visas to circumstances where the last substantive visa held by the holder of the BVA or BVB was a Subclass 457 (Business (Long Stay)) visa
• enable Subclass 051 Bridging (Protection Visa Applicant) visas granted under section 75 of the Migration Act 1958 cease to be in effect on completion of judicial review proceedings
• clarify that certain applicants for a Protection (Class XA) or a Protection (Class AZ) visa will not be subject to a mandatory ‘no work’ condition if they are in a class of persons specified by the Minister in an instrument in writing.

Affected legislation

The following provisions of the Migration Regulations are amended:

• Schedule 2, subparagraph 050.613A(1)(a)(ii) is amended
• Schedule 2, clause 051.513(1) is amended
• Schedule 2, subclause 051.513(2) is inserted
• Schedule 8, subclause 8107(3) is amended
• Schedule 8, subclause 8107(3B) is amended.

Additional information

Nil

Transitional provisions

The amendment to subparagraph 050.613A(1)(a)(ii) applies in relation to an application for a visa made, but not finally determined (within the meaning of subsection 5(9) of the Migration Act 1958) before 1 January 2012.

The amendments to subclauses 051.513(1) and (2) apply in relation to an application for a visa made on or after 1 January 2012.

The amendments to subclauses 8107(3) and (3B) apply in relation to an application for a visa made on or after 1 January 2012.

Forms

No updates to forms are required for clauses 050.613A, 051.513, subclauses 8107(3) or (3B).

Instructions

No amendment to PAM3 is required for clauses 050.613A. There will be a minor amendment to the BVE PAM in relation to clause 051.513 and the 8107 PAM in relation to subclauses 8107(3) and (3B). It is anticipated that it will be uploaded sometime in the New Year depending on workload.