In this blog, we’ll be taking you through the latest amendments to Australia’s Bridging Visa Conditions. So keep reading to find out all about this new update.
The Migration Amendment (Bridging Visa Conditions) Bill 2023 seeks to amend the Migration Act 1958 as well as the Migration Regulations 1994 with the intention of ensuring that non-citizens for whom there is no actual prospect of removal from Australia become practicable in the near future and who are therefore incapable of being subject to immigration detention under subsections 189(1) and 196(1) of the Migration Act following the High Court’s orders of 8 November 2023 in NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs (NZYQ). Furthermore, those who do not otherwise hold a visa are subject to appropriate visa conditions on any bridging visa granted to them following release.
As a way of keeping the community safe, as well as amending migration laws in relation to NZYQ’s decision.
The Australian government has initiated measures to empower the framework for BVR in assisting with the monitoring of the migrant status of individuals in this cohort while emphasizing the roles of reporting and notices associated with the BVR.
The BVR allows eligible non-citizens whose removal is not possible to stay legally in Australia until their expulsion. A BVR may be used by the Department of Home Affairs for a person from the NZYQ cohort who has no right to remain in Australia and is unlikely to obtain another visa.
Participation by a person in their removal from Australia is a requirement of BVR.
This Bill is further tightening the current requirements for BVR holders in order to capture the current environment, as well as the expectations of the Australian community with regard to the management of non-citizens with BVRs, in view of the ramifications of the orders in NZYQ.
It is also necessary to make amendments to the Border Violence Reduction Strategy (BVR) in order to effectively handle this element of the migration system, including the situation where the perpetrator is a non-citizen, who committed grave crimes not only on Australian territory, and requires appropriate and proportionate management while their migration status is being resolved.
The Australian community expects orderly migration and normally expects that non-citizens should cooperate with deportation planning and immigration. The Australian communities expect that non-citizens living in Australia should not engage in any conduct that seeks to resolve their immigration status.
However, it is also appreciated that breaking Australian laws has a huge impact on the Australian community and creates difficulties for the Government in processing this person’s removal from Australia.
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