Australian Immigration Daily News

Commencing 1 July 2018, the Department of Home Affairs (DHA) will be introducing new processing arrangements for applicants wishing to make an application for a Bridging Visa E (BVE).  The new form may only be used by applicants who do not have a pending BVE application, as defined in the instrument, this measure will mitigate submission of surplus applications. All other arrangements will remain the same including the ability to make an application for BE in person by visiting the Departmental office. 

Briefly, there are two separate types of BVEs 1) Subclass 050 Bridging (General) and 2) Subclass 051 Bridging (Protection Visa Applicant).  The function that a Subclass 050 BVE provides is to enable unlawful non-citizens to remain in Australia for a temporary period and for a specific purpose (as described in clause 050.212 of Schedule 2). General criteria that must be satisfied by all applicants for Subclass 050 BVEs are specified in clauses 050.211(1) and (2) of Schedule 2. Clause 050.211(1) provides that the applicant for Subclass 050 BVE must be an unlawful non-citizen, or the holder of a previously-issued Subclass 050 BE or the holder of a Subclass 041 (Non-applicant) BVD. 

A BVE is a temporary visa. It allows you to stay in Australia until a specified date, or for a time, or until a specified event happens. 

Your BVE will end if: 

• An applicant leaves Australia
• you are granted a substantive visa
• your BVE is cancelled.

In addition to meeting the general requirements of clauses 050.211(1) and (2), an applicant for a Subclass 050 BVE must also satisfy one of the criteria of clause 050.212. Some of the most common circumstances where these criteria are satisfied are as follows: 

• 050.212(2): The applicant can demonstrate to the satisfaction of the Department that she/he is making, or is the subject of, acceptable arrangement to depart from Australia;
• 050.212(3): The applicant is awaiting final determination concerning a substantive visa application of a kind that can be granted while the applicant is in Australia or can demonstrate to the satisfaction of the Department that she/he will apply for such a substantive visa within a time period allowed by the Department;
• 0050.212(3A): The applicant or the Minister has sought judicial review concerning a decision to refuse the grant of a substantive visa and the judicial review proceedings have not yet been completed;
• 050.212(4): The applicant or the Minister has applied for judicial review of a decision in relation to a substantive visa other than a decision to refuse to grant a visa (for example a decision not to waive Condition 8503, a determination that a substantive visa application is invalid, a decision by the AAT that it does not have jurisdiction, or a decision to cancel a substantive visa;
• (050.212(6):The applicant is seeking Ministerial Intervention in relation to a decision either to refuse or to cancel a visa;
• 050.212(4AAA)(b): The applicant is  seeking merits or judicial review of a decision made in relation to her/himself under the Australian Citizenship Act 

The instrument commencing on 1 July 2018 also confirms the permitted email address for Bridging Visa E which is dependent on the state the applicant is located:

 (a)    This email address is being protected from spambots. You need JavaScript enabled to view it. ;

(b)   This email address is being protected from spambots. You need JavaScript enabled to view it. ;

(c)    This email address is being protected from spambots. You need JavaScript enabled to view it. ;

(d)   This email address is being protected from spambots. You need JavaScript enabled to view it. ;

(e)    This email address is being protected from spambots. You need JavaScript enabled to view it. ;

(f)    This email address is being protected from spambots. You need JavaScript enabled to view it. ; or

(g)    This email address is being protected from spambots. You need JavaScript enabled to view it. .

There is no visa application charge associated with this visa subclass.

See: https://www.legislation.gov.au/Details/F2018L00904