Australian Immigration Daily News

The Migration Amendment (Bridging Visa Conditions) Regulations 2024 introduces significant changes to the management of high-risk individuals on Bridging Visas (Subclass 070) who cannot be removed from Australia. This regulation responds directly to the High Court's YBFZ ruling and aims to ensure community safety by implementing a new "community protection test."

Under this amendment, the Minister must assess whether the person in question poses a “substantial risk” to the Australian community before enforcing restrictive measures such as curfews or electronic monitoring. This places a considerable responsibility on the Minister to demonstrate clear risk factors to warrant these conditions.

The goal of the amendment is to balance community protection with adherence to legal standards, but questions remain as to whether these measures will achieve their intended effect without prompting further legal challenges.

Source: Migration-Amendment-Bridging-Visa-Conditions-Regulations-2024.pdf and Migration-Amendment-Bridging-Visa-Conditions-Regulations-2024-Explanatory-Statement.pdf