Australian Immigration Daily News

The Migration (Public Interest Criterion 4022 – Code of Behaviour) Instrument 2025 (LIN 25/017) is issued under clause 4.1 of Schedule 4 of the Migration Regulations 1994 by the Minister for Immigration and Multicultural Affairs. The instrument replaces and repeals the previous Code of Behaviour instrument (LIN 24/031), ensuring continuity beyond 31 March 2025, when the former instrument was set to self-repeal.

Purpose & Application

• The instrument maintains the existing Code of Behaviour applicable to Subclass 050 (Bridging (General)) visa applicants who:
  • Are at least 18 years old at the time of application, and
  • Currently hold or have previously held a Bridging E (Class WE) visa granted under section 195A of the Migration Act 1958 (Ministerial discretionary power).
• The Code outlines expected behaviour standards for visa holders released from immigration detention on a Bridging E visa.

Key Provisions

• Section 1-5 of the instrument define its commencement, legislative authority, and scope.
• Schedule 1 specifies the approved Code of Behaviour for visa applicants.
• Schedule 2 formally repeals LIN 24/031, ensuring the seamless continuation of the Code of Behaviour requirements.

Consultation & Legislative Impact

• No external consultation was undertaken as LIN 25/017 does not introduce any substantive changes, only continuing the previously approved Code of Behaviour.
• The Office of Impact Analysis (OIA) determined that no further analysis was required (OIA reference: OIA25-09231).
• The instrument is exempt from parliamentary disallowance under section 42 of the Legislation Act 2003, ensuring its uninterrupted enforcement.

Conclusion

The Migration (Public Interest Criterion 4022 – Code of Behaviour) Instrument 2025 preserves the existing behavioural requirements for certain Subclass 050 visa holders, ensuring that those released from detention under Ministerial discretion adhere to established conduct expectations. The instrument primarily serves to extend existing provisions without modification, maintaining clarity and regulatory consistency.

Source: Migration-Public-Interest-Criterion-4022---Code-of-Behaviour-Instrument-2025.pdf and Migration-Public-Interest-Criterion-4022---Code-of-Behaviour-Instrument-2025---explanatory-statement.pdf