Migration and Other Legislation Amendment (Bridging Visas, Serious Offenders and Other Measures) Act 2023

76AA  Effect of community safety order on visa held by non‑citizen etc.

             (1)  This section applies if:

                     (a)  a community safety order is made in relation to a non‑citizen; and

                     (b)  the order comes into force at a particular time (the relevant time).

Non‑citizen who holds a visa (other than a criminal justice visa) at the relevant time

             (2)  If the non‑citizen holds a visa (other than a criminal justice visa) at the relevant time, then, despite any other provision of this Act or the regulations, the following apply:

                     (a)  that visa ceases to be in effect at the relevant time;

                     (b)  the non‑citizen is taken, immediately after the relevant time, to have been granted a Subclass 070 (Bridging (Removal Pending)) visa (the BVR visa);

                     (c)  the BVR visa is taken to come into effect as soon as it is taken to be granted under paragraph (b).

Note:          The visa period for the visa mentioned in paragraph (a) ends at the relevant time and the visa period for the BVR visa begins when it is taken to be granted.

Non‑citizen who holds a criminal justice visa at the relevant time

             (3)  If:

                     (a)  the non‑citizen holds a criminal justice visa at the relevant time; and

                     (b)  the criminal justice visa ceases to be in effect at a particular time (the cessation time) during the period in which the community safety order is in force in relation to the non‑citizen;

then, despite any other provision of this Act or the regulations, the following apply:

                     (c)  the non‑citizen is taken, immediately after the cessation time, to have been granted a Subclass 070 (Bridging (Removal Pending)) visa (the BVR visa);

                     (d)  the BVR visa is taken to come into effect as soon as it is taken to be granted under paragraph (c).

Note:          The visa period for the BVR visa begins when it is taken to be granted.

Matters relating to the BVR visa taken to be granted to the non‑citizen

             (4)  Subject to subsections (6) and (7), this Act and the regulations apply, after the commencement of this section, in relation to the BVR visa that is taken to be granted under paragraph (2)(b) or (3)(c) (as the case may be) in the same way as they would apply in relation to a Subclass 070 (Bridging (Removal Pending)) visa granted under the regulations.

             (5)  Without limiting subsection (4), the following provisions of the regulations, as in force at the time the BVR visa is taken to be granted under paragraph (2)(b) or (3)(c) (as the case may be), apply in relation to the BVR visa:

                     (a)  a provision specifying when a Subclass 070 (Bridging (Removal Pending)) visa is in effect;

                     (b)  a provision prescribing that a Subclass 070 (Bridging (Removal Pending)) visa permits the visa holder to remain in Australia;

                     (c)  a provision specifying the conditions to which a Subclass 070 (Bridging (Removal Pending)) visa that is taken to be granted under paragraph (2)(b) or (3)(c) (as the case may be) is subject.

             (6)  The non‑citizen’s BVR visa must not be subject to either of the following conditions:

                     (a)  a condition requiring the non‑citizen to remain, between certain times of a day, at a particular address for the non‑citizen for the day;

                     (b)  a condition requiring the non‑citizen to wear a monitoring device.

Minister must not do certain things while the community safety order is in force

             (7)  The Minister must not do either of the following at any time while the community safety order made in relation to the non‑citizen is in force:

                     (a)  invite the non‑citizen, for the purposes of the regulations, to apply for another Subclass 070 (Bridging (Removal Pending)) visa;

                     (b)  grant (whether or not on application) the non‑citizen another Subclass 070 (Bridging (Removal Pending)) visa under the regulations.

Inconsistency between the community safety order and the BVR visa

             (8)  If:

                     (a)  the community safety order that is in force in relation to the non‑citizen is a community safety supervision order; and

                     (b)  at a particular time, one or more conditions (the supervision order conditions) are imposed on the non‑citizen by the community safety supervision order; and

                     (c)  at that time, a condition to which the non‑citizen’s BVR visa is subject is inconsistent, in whole or in part, with any of the supervision order conditions;

then, despite subsections (4) and (5), the BVR visa is to be taken, at that time, not to be subject to that condition to the extent of any such inconsistency.

             (9)  If:

                     (a)  the community safety order made in relation to the non‑citizen is a community safety detention order; and

                     (b)  the non‑citizen is unable, at a particular time, to comply with a condition to which the non‑citizen’s BVR visa is subject; and

                     (c)  the non‑citizen is unable to comply with the condition only because the community safety detention order is in force in relation to the non‑citizen at that time;

then, despite subsections (4) and (5), the BVR visa is to be taken, at that time, not to be subject to that condition.

           (10)  Subsections (8) and (9) do not apply at any time while the community safety order made in relation to the non‑citizen is suspended.

Written by Ross Ahmadzai

9 Dec, 2023

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