Purpose
The instrument operates to specify arrangements for bridging visa applications made under subregulation 2.07(5) of the Migration Regulations. Subregulation 2.07(5) provides that if an item of Schedule 1 to the Migration Regulations prescribes criteria or requirements by reference to a legislative instrument made under this subregulation, the Minister may, by legislative instrument, specify the following:
(a) an approved form for making an application for a visa of a specified class;
(b) the way in which an application for a visa of a specified class must be made;
(c) the place at which an application for a visa of a specified class must be made.
This instrument specifies these requirements for Bridging A (Class WA), Bridging B (Class WB), Bridging C (Class WC), Bridging D (Class WD), Bridging E (Class WE) and Bridging F (Class WF) visas.
The purpose of the instrument is to update LIN 20/068, to reflect changes to the manner in which a Bridging E (Class WE) application on paper forms 1005 and 1008 is lodged. Specifically, the instrument removes acceptance of paper application for form 1005 or 1008 lodged by any electronic means, i.e. by email to a permitted email address or by fax to a permitted fax number. However, this does not cease the use of paper forms 1008 or 1005, as it is still possible for an applicant to submit an application for a Bridging E (Class WE) visa by post to an office of immigration or in person using the paper forms.
This change is intended to improve processing efficiency by reducing manual data entry and multiple Bridging E (Class WE) visa application lodgement by the same client. The ceasing of paper applications by electronic means will not affect any other Bridging E (Class WE) visa application lodgement options. Clients will still be able to lodge a Bridging E (Class WE) visa by post and internet forms.
In addition, the instrument amends the approved forms for bridging visa applications under the Migration Regulations to include references to paper form 47GT and online form 47GT (Internet). This allows an applicant for a Global Talent (Class BX) (Subclass 858) visa to be lawfully granted a Bridging A (Class WA) visa, a Bridging C (Class WC) visa or a Bridging E (Class WE) visa at the time when the applicant submitted a valid visa application on paper or online, using those forms.
It has been consistent practice that specific detail regarding the lodgement of visa applications be included in delegated legislation. This facilitates the operation of a dynamic and responsive immigration program. Changing the manner in which bridging visa applications are lodged and other minor administrative matters would not be an appropriate use of the parliament’s time. Amending primary legislation would also likely cause a time delay in which bridging visa applicants can be lodged. For these reasons, it is appropriate that the matters contained in this instrument and LIN 20/068 are specified in delegated legislation.
Source: LIN21045.pdf and LIN21045-Explanatory-Statement.pdf